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HomeMy WebLinkAboutCOM 0017.035 2018-2020 V OF OV Harry Kiln Paul K. Ferreira Mayor ' Police Chief ,rF OF .N Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 DATE: October 30, 2020 TO: AARON CHUNG, COUNCIL CHAIR AND COUNCIL MEMBERS VIA: KAY OSHIRO, CONTROLLER FROM: PAUL K. FERREIRA, P LICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1) Name of Grant Program: Hawai'i Island COVID 19 Response (HI-CORE) Grantor: Department of the Attorney General, State of Hawaii County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 20-VD-03 Amount of Grant: $50,000.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.72:3309.92 Grant Period (Commencement & Completion): January 20, 2020 to December 30, 2020 Purpose of Grant: To upgrade existing infrastructure at various stations & purchase equipment to prevent COVID-19 spread Is final report required by grantor? Yes ❑ No Notification attached: Yes ❑ No, because Comm. No. l ` Ref. To: "Hawai'i County is an Equal Opportunity Provider and Employer" Ref. bate OEC '2 ZQ ..fi.. DAVID Y.IGE v ``� GLARC E CONNC}RS :r G E t I r.2AL rte:. ,� t t• i�: �", w. i DANA D.VIOLA 3 'A I STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION HPAA: 1166 13 ag naa+rail govicpja October 21. 2020 The I Ionorable: Paul Ferreira Chlefof Police I lawaii Police Department 349 I"apiol ani Street 1I11o, 111 967210 Dear Chief Ferreira: Enclosed is the fully executed -ASureernent f(-)a- tlae following FY 2t12{1 C 'mala virus laneruency Sapplementai FundinL, (Cl,-'t°SFI prc im: ProJect 'Title: I-lati' aii island (°OVID 19 Response (111-CORE") ) Project?s trnrl ea; 20-VD-01 Pr«iect Period.- Januar' 20 2020 to Decelnl�er aft. 0210 Federal Amount: S-50M(K) (K) We look forward to the implementation of this project, Sincerely, Julie Fbito Administrator JF.'at Enclosure c: (1-)J. D Fiscal Office AGREEMENT by and between the DEPARTMENT OF THE ATTORNEY GENERAL and the HAWAII POLICE DEPARTMENT Relating to Project No. 20-VD-03 This Agreement("Agreement") is effective as of January 20, 2020 ("Effective Date"),by and between the Department of the Attorney General, State of Hawaii ("Agency") and the Hawaii Police Department whose business address is 349 Kgpiolani Street, Hilo, Hawaii 96720 ("Grantee")(collectively, "the Parties"). RECITALS WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116- 136 (hereinafter "CARES Act"), was enacted to respond to the COVID-19 (i.e., coronavirus disease 2019) outbreak and its impact on the economy, public health, state and local governments,individuals, and businesses; WHEREAS, the Coronavirus Emergency Supplemental Funding (CESF) Program is authorized by Division B of the CARES Act and provides funds to assist eligible states, local units of government,and tribes in preventing,preparing for,and responding to the coronavirus; WHEREAS, states, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments that were identified as eligible for funding under the Fiscal Year(FY) 2019 State and Local Edward Byrne Memorial Justice Assistance Grant(JAG) Program are eligible to apply under the CESF Program solicitation, specifically the State Administering Agency(SAA)that applied for FY 2019 JAG State Formula funds; WHEREAS, the Governor has designated the Agency to serve as Hawaii's SAA for administering JAG State Formula funds and Agency applied for and received FY 2019 JAG State Formula funds; WHEREAS, Agency applied for CESF funds in the form of a CESF award; WHEREAS,on or about April 30,2020,the Bureau of Justice Assistance('BJA"),which is a component of the Office of Justice Programs ("OJP"), Department of Justice ("DOJ"), awarded Agency$3,642,919 in CESF Funds,Award No. 2020-VD-BX-0310("Award"); (CESF FY 2020(County)rev.06/2020) ' r WHEREAS, Grantee is qualified to receive funds available to the State under CESF and its respective implementing regulations contained in the FY 2020 Coronavirus Emergency Supplemental Funding Program Solicitation and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") and has submitted an application to Agency for receipt of the same as a subgrantee, a copy of which is attached hereto as Exhibit"A"; WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that Grantee has demonstrated that it is ready, willing and able to perform the services described herein,and that Grantee is capable of using the requested federal funds appropriately; and WHEREAS, Agency is satisfied that the requirements of the Award have been met for purposes of entering into this Agreement. AGREEMENT NOW THEREFORE, the Parties, for and in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the receipt of which is hereby acknowledged, agree as follows: 1. SCOPE OF SERVICES Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Agreement, furnish all labor, materials, and equipment necessary to satisfactorily perform the services (hereinafter, "Scope of Services") described in Parts II and III of Exhibit "A,"attached hereto and incorporated by reference herein. 2. PROJECT PERIOD Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part I of Exhibit"A." 3. TERM OF AGREEMENT The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on the date Agency accepts the final financial reports (Request for Funds and Cash Balance Report ("RFF") and Project Expenditures and Obligations Report ("PEO")) from Grantee under this Agreement ("Termination Date"), unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties. 4. REIMBURSEMENT (a) Subject to availability of funds, Grantee shall be reimbursed for all actual, allowable, allocable, and reasonable costs it incurs in performing the Scope of Services under this Agreement in an amount not-to-exceed fifty-thousand and no/100 dollars ($50,000.00) 2 (CESF FY 2020(County)rev.0612020) (hereinafter, "NTE Amount"). Grantee acknowledges and agrees that it will not be reimbursed for any costs it incurs in excess of the NTE Amount in performing the Scope of Services under this Agreement. (b) Grantee acknowledges and agrees that Agency's obligation to reimburse Grantee is subject to Agency's receipt of federal funds under the Award, and at no time shall this Agreement be construed as an agreement to reimburse or compensate Grantee with funds other than those which are received from the federal government. Grantee further acknowledges and agrees that federal funds under this Agreement will be used to supplement, but not supplant, state or local funds. Failure of Agency to receive anticipated federal funds shall not be considered a breach by Agency or an excuse for nonperformance by Grantee. (c) In seeking reimbursement under this Agreement, Grantee shall submit to Agency: (i) A monthly RFF for costs it incurs in performing the Scope of Services under this Agreement within fifteen (15) calendar days after the end of each calendar month. Grantee shall submit to Agency its final RFF drawdown within thirty (30) calendar days after the end of the Project Period; and Grantee shall submit to Agency its final RFF within sixty (60) calendar days after the end of the Project Period. (ii) A quarterly PEO within fifteen (15) calendar days after the end of each calendar quarter as follows: (A) For the January I" through March 31"calendar quarter, the PEO is due April 15`h; (B) For the April I" through June 30'h calendar quarter, the PEO is due July 15'h; (C) For the July I" through September 30'h calendar quarter, the PEO is due October 15'h; and (D) For the October 1" through December 31" calendar quarter, the PEO is due January 151h. Grantee shall submit to Agency its final PEO within sixty (60) calendar days after the end of the Project Period. Grantee expressly acknowledges that non-adherence to the above deadlines may result in the withholding of funds. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. 3 (CESF FY 2020(County)rev. 06/2020) i (d) If Agency determines that a RFF or PEO requires clarification and/or revision, Agency will notify Grantee and Grantee shall respond with the requested clarification and/or revised RFF or PEO within the time specified by the Agency. Grantee expressly acknowledges and agrees that Agency may withhold payment unless and until such time Agency determines that Grantee has adequately responded to Agency's request for clarification and/or revision. (e) All funds available for use under this Agreement shall be subject to the allotment system as provided in Hawaii Revised Statutes Chapter 37. (f) All payments shall be made in accordance with and subject to Hawaii Revised Statutes Chapter 40. (g) if, at any time after payment is issued to Grantee under this Agreement, Agency determines that certain costs paid by Agency to Grantee were inappropriate or unallowable, Agency may either require that Grantee return an equivalent amount of monies to Agency or withhold an equivalent amount from any payments due and owing to Grantee. (h) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which were not encumbered by Grantee during the Project Period,all such funds shall be returned to Agency within ten (10) calendar days after the end of the Project Period. (i) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which Grantee encumbered during the Project Period, but which Grantee did not disburse within sixty (60) days after the end of the Project Period, all such funds shall be returned to Agency within ten (10)calendar days. 0) If, at any time during the Term, Agency determines that Grantee is not complying with the conditions of this Agreement or satisfactorily fulfilling its obligations under this Agreement, Agency may withhold payments due and owing to Grantee until such time Agency reasonably determines that payment can be issued. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. 5. CERTIFICATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto as Exhibit "13" and incorporated by reference herein. Grantee covenants that the representations made in the signed certifications are true at the time this Agreement is executed and will remain true throughout the Term, including any extensions thereof, and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. CONFIDENTIAL MATERIAL Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Agreement which is identified as proprietary or confidential 4 (CESF FY 2020(County)rev.06/2020) information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable researchIstatistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. Grantee shall comply with the requirements of Chapters 487J, 487N and 487R, Hawaii Revised Statutes as applicable, 7. COPYRIGHT AND PATENT The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Agreement, and all such material shall be considered "works made for hire." No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Agreement shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. To the extent that any material, summary, report, map, chart, graph, table, study, or other documents, or discovery, invention, or development under this Agreement is not recognized as a "work made for hire" as a matter of law, Grantee hereby assigns to the Agency any and all copyrights in and to the material. 8. CONFLICT OF INTEREST Grantee expressly represents that at the time this Agreement is executed, it presently has no interest, either direct or indirect, that would conflict or adversely affect, in any manner or degree, its ability to satisfactorily perform the Scope of Services under this Agreement. Grantee covenants that this representation will remain true throughout the Term, including any extensions thereof. 9. PROGRESS REPORTS Grantee shall submit progress reports as required for CESF funds to Agency as required by the Acceptance of CESF Special Conditions in Exhibit "B." Grantee's obligation to submit progress reports to Agency shall survive the expiration or termination of this Agreement. 10. COOPERATION WITH DATA COLLECTION; ASSESSMENTS Grantee expressly acknowledges and agrees that, if requested by Agency, Grantee shall cooperate with, participate in, and/or support any data collection efforts, assessments, or information requests involving or relating to Grantee's performance of the Scope of Services under this Agreement. Grantee's obligations under this section shall survive the expiration or termination of this Agreement. 5 (CESF FY 2020(County)rev. 06/2020) I 11. SUBCONTRACTING: ASSIGNMENT Grantee shall not subcontract or assign any portion of the Scope of Services under this Agreement without first obtaining the prior written approval of Agency. If Grantee obtains Agency's approval to enter into a subcontract, Grantee shall ensure that the subcontract is in writing signed by both parties, includes all required provisions, and that the term of the subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that the subcontractor has complied with all applicable requirements and conditions before any funds are disbursed to the subcontractor. 12. INDEPENDENT CONTRACTOR In the performance of the Scope of Services under this Agreement, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the Scope of Services; however, Agency shall have a general right to inspect Grantee's work to determine whether, in Agency's opinion, Grantee is performing the Scope of Services in accordance with the terms and provisions of this Agreement. Grantee's employees and agents are not employees or agents of the Agency by reason of this Agreement, and Grantee's employees and agents shall not be entitled to claim or receive from Agency any vacation, sick leave, retirement, or other benefits directly afforded to employees of Agency. Grantee shall be responsible for the accuracy, completeness, and adequacy of Grantee's performance under this Agreement. Grantee shall be responsible for payment of any federal, state, and county fees which may become due and owing by reason of this Agreement, including but not limited to (i) income taxes, (ii)employment related fees, assessments and taxes and (iii)general excise taxes. Grantee shall also be responsible for obtaining any licenses, permits and certificates that may be required in order to perform the Scope of Services under this Agreement. 13. INDEMNIFICATION Grantee shall defend, indemnify, and hold harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against all liability, loss, actions, claims, suits, damages, and costs or expenses(including attorneys' fees) arising out of, relating to, or resulting from the acts or omissions of Grantee, its officers, employees, agents, subcontractors, and/or subgrantees under this Agreement; provided, however, that this provision shall not apply if Grantee is a State agency. The County of Hawaii will indemnify the State of Hawaii, Agency, and their officers, agents, and employees to the extent permitted by law, and it is understood that payment is subject to approval by the county councillor city council, as the case may be. The provisions of this section shall survive the expiration or termination of this Agreement. 6 (CESF FY 2020(County)rev.0612020) 14. MODIFICATION OF CONTRACT (a) Modification by Mutual Agreement. At any time during the Project Period of this Agreement, the Parties may make modifications within the general scope of this Agreement by a written amendment signed by both Parties. (b) Unilateral Modification by Agency. At any time during the Project Period,but no later than 45 days prior to the end of the Project Period, the Administrator of the Crime Prevention and Justice Assistance Division ("CPJA Administrator"), as the authorized designee of the Attorney General, may issue a unilateral written project grant modification notice which directs Grantee to make the following changes effective as of the date specified in the written notice, or if no date is specified, as of the date the written notice is approved (hereinafter, "Modification Notice"): (i) Changes in the Scope of Services within the scope of the Agreement; (ii) Changes in the Project Period that do not alter the scope of the Agreement; or (iii) Changes in Project Director or Financial Officer. All Modification Notices issued by the CPJA Administrator shall be incorporated in and made a part of the Agreement. If the Parties agree that a Modification Notice increases or decreases Grantee's cost of performance of the Scope of Services under this Agreement, an adjustment to the NTE Amount shall be made by written amendment to the Agreement. If Grantee believes that it is entitled to an adjustment of the NTE Amount as a result of a Modification Notice, Grantee shall file a written claim within fourteen (14) calendar days after receipt of the Modification Notice or prior to final payment under this Agreement, whichever is shorter; provided, however, that the CPJA Administrator may extend such period for riling. The requirement for filing a timely written claim for an adjustment of the NTE Amount cannot be waived and shall be a condition precedent to the assertion of a claim. Failure of the Parties to agree to an adjustment of the NTE Amount shall not excuse Grantee from proceeding with the Agreement as changed by the Modification Notice. The right of Grantee to dispute the NTE Amount shall not be waived by its performance, provided Grantee timely files a written claim. 15. TERMINATION FOR CAUSE; CONVENIENCE (a) Termination for Cause. If Grantee breaches any of its promises or fails to satisfactorily perform or fulfill its obligations under this Agreement, Agency may notify Grantee in writing of Grantee's breach or nonperformance under this Agreement (hereinafter, "Notice of Default"). If the breach or nonperformance is not cured within ten (10) calendar days of the Notice of Default, or within some other time as may be specified by Agency, Agency may terminate Grantee's fight to proceed with this Agreement or portion thereof by providing Grantee with a written notice of termination (hereinafter, "Notice of Termination for Cause"). The Notice of Termination for Cause shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is 7 (CESF FY 2020(County)rev. 06/2020) i i I not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of Grantee's breach or nonperformance under this Agreement. (b) Termination for Convenience. Agency may terminate this Agreement, in whole or in part, at any time when the interests of the Agency so require by giving written notice of such termination to Grantee (hereinafter, "Notice of Termination for Convenience"). The Notice of Termination for Convenience shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. (c) Grantee shall be entitled to be reimbursed for all allowable, allocable, and reasonable costs actually incurred up to and including the date of Grantee's receipt of the Notice of Termination for Cause or Notice of Termination for Convenience, whichever is applicable. Any costs incurred by Grantee after Grantee's receipt of such notice will be eligible for reimbursement only if they represent unavoidable or reasonable wind-down costs as determined by Agency in Agency's sole discretion. (d) Notwithstanding the termination of this Agreement, and subject to any directions from Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve property in the possession of Grantee in which Agency has an interest. (e) In the event of termination of this Agreement, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps,or other written material developed or prepared by Grantee under this Agreement shall, at the option of Agency, become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency within such time specified by Agency. 16. WAIVER The failure of Agency to insist upon strict compliance with any term, provision, or condition of this Agreement shall not constitute a waiver or relinquishment of Agency's right to enforce the same in accordance with this Agreement. In the event Agency is determined to have waived a term, provision, or condition of this Agreement, it is expressly understood and agreed that such waiver shall not constitute a waiver or relinquishment of Agency's right to enforce the same as to any other or further violation. 17. DISPUTES Any dispute arising under this Agreement which is not disposed of by mutual agreement of the Parties within fifteen (I5) calendar days shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Agreement unless otherwise directed by Agency. 8 (CESF FY 2020(County)rev.06/2020) M GOVERNING LAW The validity of this Agreernent and any of its tet nis or provisions, as well as the rights and duties of the Parties to this Agreement. shall be governed by the la\vs ofthe State ot'l lawall. Any action at law or in equity to etiforce or interpret the provisions of this Agreement shall be brought in as state court of competent jurisdiction in I lonolulu, Hawaii. 19, SEV,ERABILITY Should any provision of this Aorecnient be held to be invalid or unenforceable by its terms. that provision shall lirst he applied with a limited construction so as to give it the 111aximurn effect permitted by law, ShOUICI it be held., instead, that the provision is utterly invalid or uncjif'orceable, SLICII Provision shall be deenied severable from this Agreement. 20. ENTME AGREENNII'NT I-his A-reement sets forth Al of the a0recinents, conditiOlIS, Undorstandings. promises'. Z7 C - warranties. and represcmalions between f`\l-,ency and Grantee relative to this Agreenient- This Agreement supersedes all prior agreements, conditions. understandings. promises. xvarran ties, and representations. which ;hill] have no Curther i`orce or el'Coct, 21. AUT110RITY TO ENTER INTO A(;RE'U',JV1EN'F Each Party rcpresctits and warrants to the other that it is dUI)` authorized to enter into this Aureement and to fullN, perform its oblijiations hereunder. 22. COUNTERPAtas .phis Agreement may be CXCCLITed ill Counierpans, each of \vhich shall lie deemed an origginal, and all such COL111terparts shall t0QCthel-C011',till,lte one and the same agreement. ,--r IN WITNTSS WY1ie Parties hereto have e\ecuied this Agreement as of the Effective Date. "Agency" be DETA R'I'°�T 11NT OF H ,STATI,,' OF HAWATI ll] T Deputy :Attorney General BV: DZIDLI 0. Viola Its: First Deputy Attorney General Date. XT 2 0 2020 9 (,CESF FY 201-0(County)rev. 06/2020) „ "d"antee" COI N-FYOFIJAWAll APPROV'ED AS "I`C71AClRM . NND LEGALITY: Date: / •� APPROVAL ISI-,Ct)M�IMLNDED: Its: C hict,o Polit: EP 17 2020 Date: 1 tl (CI'sl' F4'D-10{CO1111tt} rev.06/20-20) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL APPLICATION FOR GRANT FY 2020 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PART I. TITLE PAGE A. PROJECT TITLE: Hawaii Island COVID 19 Response(HI-CORE) APPLICANT 13- AGENCY: Hawaii Police Department SYSTEM FOR AWARD MANAGEMENT (SAM) DUNS C. REGISTRATION: 171 Yes F-1 No No. 613154335 D. ADDRESS: 349 Kapi*olani Street City Hilo - Zip 96720 PROJECT E. PERIOD: From Janua!y2O, 2020 To December 30,2020 ❑Category A F. CATEGORY(select one): Category B TOTAL PROJECT G. AMOUNT: 50,000 H. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding? Yes n No Z If Yes, then provide name of the source or grant program and the amount of funds that is being I. PROJECT DIRECTOR Name: Miles Chong Title: Captain Address: 349 Kapi*o1ani Street Telephone 808-939-2520 E-Mail: Miles.Chong@hawaiicounty.gov J. FINANCIAL OFFICER Name: Kelsie Kailiuli Title: Accountant III Address: 349 Kapi'olani Street Hilo,Hawaii 96720 Telephone: 808-961-2274 E-Mail: Kelsie.KK.Kailiui@hawaiicounty.gov FOR MAD USE Date received: June 29,2020 Project Number: 20-VD-03 EXHIBIT A AG/CPJAD#1 (Rev 6/2020) i I I I APPLICATION FOR GRANT Y 2420 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PART II. NARRATIVE i A. PREVENTING, PREPARING FOR, AND/OR RESPONDING TO COVID-19 The latest June 22, 2420 figures from the World Health Organization (WHO) and U.S. Centers for Disease Control and Prevention (CDC) show in excess of 2.2 million confirmed COVID-19 cases, with more than 119,000 COVID-19 deaths in the United States. Regulating the spread of COVID-19 is contingent on everyone's concious effort to minimize their exposure and any spread. As more restrictions to daily life activities are lifted, law enforcement will remain in a higher-risk category of infection due to constant contact with the community. Providing additional work spaces to facilitate social distancing, or providing alternate work sites in the event of a work-related outbreak,can alleviate the spread of COVID-19. Upgrades to existing infrastructure will work to this end and contribute to improving the health and well-being of the community without sacrificing public safety services. Locations of upgrades may include the district police stations and substations around Hawaii Island located at: Honoka`a Station(Hamakua District) 45-3400 Mamane Street, Honoka`a. Laupahoehoe Station (North Hilo District) Police station location: on Pu`ualaea Homestead Road,just west of the 25-mile marker off Old Mamalahoa Highway Hilo Station (South Hilo District) 349 Kapi`olani Street, Hilo AGlCPJAD#1 (Rev 6/2020) Pdhoa Station(Puna District) 15-2615 Kea'au-Pdhoa Road Nd'Alehu Station(Ka'fi District) 95-5355 Mamalahoa Highway,N5'51ehu Kona Station (Kona District) 74-611 Hale MAka'i Place, Kailua-Kona Waimea Station(South Kohala District) 67-5185 Kamdmalu Street, Waimea Kapa'au Station (North Kohala District) 54-3900 Akoni Pule Highway,Kapa'au B. PERSONNEL(if applicable) The Hawai'i Police Department is not seeking new hires for the project. C. TIMELINE OF ACTIVITIES Purchasing of equipment will commence as soon as funds become available and in accordance with procurement laws/procedures. All expeditures are expected to be completed by December 30, 2020. D. SUB-GRANTING AGENCIES (if applicable) None AG/CPJAD#1 (Rev 6/2020) APPLICATION FOR GRANT FY 2020 CORONAVIRUS EEGE SUPPLEMENTAL FUNDING (CSF) PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL; COST ELEMENT AMOUNT A.Salaries and Wages No. of Position Title Positions Monthly rate Subtotal $ $ No. of No. of Position Title Positions Hourly Rate Hours Subtotal $ $ $ $ Total Salaries and Wages $ B.Fringe Benefits Employee Benefits No. of Monthly Position Title Positions Rate Subtotal $ $ $ $ No. of No. of Position Title Positions Hourly Rate Hours Subtotal $ $ Total Fringe Benefits $ C. Consultant Services/Contracts Length of Consultant/ Scope of Consultant Estimated Contract Service/Contract Cost Service Select as Appropriate $ ❑Consultant ❑Contract Itemize for mainland/interisland airfare, ground No. of No. of transportation, rental car, Travelers as Days per diem Unit Cost applicable Subtotal $ $ $ $ Total Consultants/Contracts $ AG/CPJAD#1(b)(Rei 6/2020) COST ELEMENT AMOUNT D. Transportation and Subsistence Itemize for No. of No. mainland/interisland airfare, Travelers of ground transportation, rental as Days car, per them Unit Cost applicable Subtotal $ $ Total Transportation and Subsistence 1 $ E.Supplies Itemize supplies and related Cost by costs such as printing, paper, Unit binders,etc. Quantity Subtotal 1 $ $ 1 $ Total Office Supplies $ F. Equipment Specify equipment that will be purchased, [eased,or rented. Quantity Cost by Unit Subtotal Desktop Computers 10 $1500 $15000 Printers 4 $1000 $4000 Flooring 1 $2000 $2000 Desks 4 $2000 $8000 Police radio base station 1 $10000 $10000 Office chairs 101 $250 $2500 AC Unit 1 $8500 $8500 Total Equipment $50000 Cost by G.Other Costs Quantity Unit Subtotal Total Other Costs $ H. Indirect Costs Base Rate Subtotal $ $ Total Indirect Costs $ TOTAL PROJECT COSTS $50000 AG/CPJAD NI(b)(Rev 6/2020) BUDGET EXPLANATION: A. Salaries and Wages None B. Fringe Benefits The composite fringe benefit rate is at % for (list positions). The rate consists of the following fringe benefit items and computed rates: i NIA S C. Consultant Services/Contracts None 3 I 'i D. Transportation and Subsistence I i i None s E. Supplies None : F. Equipment Equipment purchases are intended to create additional workspaces within the main district stations and/or to refurbish existing substations into useable office space. Computers and chairs are intended for use at district stations that have available room to create additional workstations 3 to enhance social distancing requirements to a greater extent than what is already occurring. 3 i i Desktop computers,desks,chairs and priners will provide additional workspace,and faster E connectivity to the department's network. The Hawaiian OceanView Substation in Ka`u is in need of an upgrade to create a more useable workspace. Termite damaged desks and counters,along with the worn carpeting will be replaced, contributing to the overall cleanliness of the station with easier maintenance. The AGFCPJAD#1(b)(Rev 6/2020) addition of an air conditioning unit will provide a comfortable work environment and stabilized temperatures to prevent damages to electronic equipment. An upgraded police radio station is expected to enhance communication reception that is problematic in that area. Fully functioning substations will not only facilitate social distancing requirements, it will also provide an alternate work site and equipment for personnel to access the department's network for meetings, continued training, and to efficiently complete routine tasks. G. Other Costs None H. Indirect Costs None AG/CPJAD#1(b)(Rev 6/2020) i I CERTIFICATIONS 3 3 • Acceptance of Conditions(AG/CPJAD#14) 3 • Acceptance of CESF Special Conditions(AG/CPJAD #26) • Certification of Non-Supplanting(AG/CPJAD#3) • Certification of Non-Discrimination(AG/CPJAD#15) • Certification of Non-Discrimination Complaint Procedures(AG/CPJAD#30) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient)(OJP Form 4061/1) 3 3 I 1 i i I i 1 I i I a I I I I 3 7 I I I 1 yi I i 3 EXHIBIT B ((CESF FY 2020(County)rev.06/2020) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees,on behalf of the applicant agency,that: I This project,upon approval,shall constitute an official part of Hawaii's Coronavirus Aid,Relief,and Economic Security Act (CARES Act) Coronavirus Emergency Supplemental Funding Program established under Public Law No. 116-136,as amended,and codified at 28 U.S.C. 5300 et M. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) conditions applicable to grants administered by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; (b) any special conditions contained in the grant award;and (c) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions,the application obligations or for non-availability of funds. SUBMITTED BY: Signature: . .......... Date: SEP 17 2020 Name: Paul Ferreira Title: —Chief of Police Agency: Hawaii Police Department AG/CPJAD#14(CESF)06/2020 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CESF SPECIAL CONDITIONS The undersigned Grantee understands and agrees, on behalf of its agency that: 1. Requirements of the Award; Remedies for Non-Compliance or for Materially False Statements ' The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the Grantee that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements—whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period—may result in CPJAD taking appropriate action with respect to the Grantee and the award. Among other things, CPJAD may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice and CPJAD also may take other legal action as appropriate. Any materially false, fictitious,or fraudulent statement to the state and/or federal government related to this award (or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. 3729- 3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements Grantee agrees to comply with the financial and administrative requirements set forth in 2 C.F.R. Part 200 and the current edition of the Department of Justice(DOJ) Grants Financial Guide. Grantee understands and agrees that CPJAD may withhold award funds, or may impose other related requirements, if the Grantee does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the AG/CPJAD#26 FY 2020 CESF Special Conditions(revised 06/2020) terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of CPJAD awards. 3. Reporting Requirements Grantee shall comply with all reporting, data collection, and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Coronavirus Emergency Supplemental Funding Grant Program. Grantee shall submit a Semi-Annual Progress Report to CPJAD every six(6)months following the calendar year. The progress report is to cover activities that the Grantee has completed during that reporting period. The semi-annual reporting periods and due dates are: ■ January I — June 30 Due: July 15 • July I —December 31 Due: January 15 A Final Progress Report is due 30 days after the project end date and should report cumulatively on the entire project period. The appropriate report form will be provided to each project by CPJAD (AG/CPJAD#20). The report shall contain information describing progress, accomplishments, activities,changes,and problems during the report period and any additional information specified by the CPJAD. 4. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination 28 C.F.R. Part 38 Grantee, and any subgrantee at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation, was amended effective May 4,2016. Among other things,28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief,a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to Grantee and subgrantee organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to grantees and subgrantees that are faith-based or religious organizations. The text of the regulation, now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations(currently accessible at https://wxvw.ecfr.Lov/cgi-bin/ECFR?I)age=browse), by browsing to Title 28-Judicial Administration,Chapter 1, Part 38, under e-CFR "current"data. AG/CPJAD#26 FY 2020 CESF Special Conditions(revised 06/2020) 2 28 C.F.R. Part 42 Grantee, and any subgrantee at any tier,must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Grantee, and any subgrantee at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 28 C.F.R. Part 54 Grantee,and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." S. "Lobbying" Restrictions In general,as a matter of federal law, federal funds may not be used by the Grantee,or any subrecipient("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,modification, or adoption of any law,regulation,or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded from being used by the Grantee,or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement, subgrant,contract, subcontract,or loan, or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee(or subrecipient)would or might fall within the scope of these prohibitions,the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 6. Reporting Potential Fraud, Waste,and Abuse,and Similar Misconduct Grantee and any subrecipients ("subgrantees")at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee, agent, contractor, subcontractor, or other person has, in connection with funds under this award— 1)submitted a claim that violates the False Claims Act; or 2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, AG/CPJAD#26 FY 2020 CESF Special Conditions(revised 06/2020) 3 gratuity,or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by online submission accessible via the 010 webpage at httl2s://oig.justice.gov/hotline/contact-prants.htm (select"Submit Report Online"), or by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 1425 New York Avenue, N.W. Suite 7100 Washington, DC 20530 Hotline: (contact information in English and Spanish): (800) 869-4499,or Hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at https://oil,,.justice.gov/liotIine 7. 41 U.S.C.4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds,an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. Grantee also must inform its employees, in writing(and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 8. Federal Leadership on Reducing Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1,2009), the CPJAD encourages Grantees and Sub-grantees to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education,awareness, and other outreach to decrease crashes caused by distracted drivers. 9. Training(s)/Conference(s) Compliance Grantee agrees to comply with all applicable laws, regulations,policies,and guidance (including specific cost limits,prior approval and reporting requirements,where applicable) governing the use of federal funds for expenses related to conferences, meetings,trainings, and other events. Information on pertinent laws, regulations, AG/CPJAD#26 FY 2020 CESF Special Conditions(revised 06/2020) 4 policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost Chapter. Grantee understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Sub-grantees,available at https:Hoip.aov/rundinWi mplement/Trai n ingPrinciplesForGrantees-Subgrantees.htm 10. Duplicate Award of Federal Funds Grantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this CPJAD award,and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this CPJAD award, the Grantee will promptly notify, in writing, the assigned Criminal Justice Planning Specialist for this CPJAD award, and, if so requested by CPJAD, seek a budget or project narrative modification to eliminate any inappropriate duplication of funding. 11. Information Technology Compliance To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the Grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 12. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Grantee or subgrantee under this award,or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict, the reporting(in accordance with law)of waste, fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 13. Prohibited Conduct Related to Trafficking in Persons Grantee, and any subgrantee at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,whether on the part of Grantees, subgrantees,or individuals defined(for purposes of this condition) as"employees"of the Grantee or of any subgrantee. AG/CPJAD#26 FY 2020 CGSF Special Conditions(revised 06/2020) 5 The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the ON web site at htti2s://oip.v,ov/fundinv,/Explore/ProhibitedConduct-TratTicking.htm (Award condition: Prohibited conduct by grantees and subgrantees related to trafficking in persons (including reporting requirements and ON authority to terminate award)), and are incorporated by reference here. 14. General Appropriations-Law Restrictions Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various"general provisions" in the Consolidated Appropriations Act, 2020, are set out at https://oip.gov/funding/Explore/FY20AppropriationsRestrictions.htm and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact CPJAD for guidance,and may not proceed without the express prior written approval of CPJAD. 15. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information (PH) Grantee shall have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)of"personally identifiable information"(Pil)(2 CFR 200.79), if Grantee 1)creates, collects, uses, processes, stores, maintains, disseminates, discloses,or disposes of such"personally identifiable information"within the scope of the grant-funded program or activity,or 2) uses or operates a"Federal information system" (OMB Circular A-]30). Grantee's response procedures must include a requirement to report by email actual or imminent breach of P11 to the assigned CPJAD grant manager and to hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach, or the detection of an imminent breach, with the date and time of the breach or detection of an imminent breach,description of actual or imminent breach, project number,project title,name of Grantee, and Grantee contact information. 16. Employment Eligibility Verification for Hiring Under the Award Grantee, and any subrecipient("subgrantee")at any tier,must: a)ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part)with award funds, the Grantee(or any subgrantee)properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2); AG/CPJAD 926 FY 2020 CESF Special Conditions(revised 06/2020) 6 b)notify all persons associated with the Grantee(or any subgrantee)who are or will be involved in activities under this award of both this award requirement for verification of employment eligibility and the associated provisions in 8 U.S.C. 1324a(a)(1)and(2) that, generally speaking, make it unlawful, in the United States,to hire (or recruit for employment) certain aliens; c)provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S. C. 1324a(a)(1)and(2); and d)as part of recordkeeping for the award(including pursuant to the Part 204 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to f compliance with this award condition in accordance with Form I-9 recorded retention requirements,as well as records of all pertinent notifications and trainings. i For the purposes of this condition, persons"who are or will be involved in activities under this award"specifically includes(without limitation)any and all Grantee(or any subgrantee)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part)with award funds. For the purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the Grantee(or any subgrantee)may choose to participate in,and 3 use, E-Verify(www.e-verify.goy),provided an appropriate person authorized to act on I behalf of the Grantee(or subgrantee)uses E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. 17. Unreasonable Restrictions on Competition Under the Award; Association with Federal Government This condition applies with respect to any procurement of property or services that is funded (in whole or in part)by this award, whether by the Grantee or by any subrecipient ("subgrantee")at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement,or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward(at any tier). i Consistent with the(DOJ) Part 200 Uniform Requirements— including as set out at 2 C.F.R. 204.300(requiring awards to be"manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring"[a]ll procurement transactions [to] be conducted in a manner providing full and open competition"and forbidding practices"restrictive of competition," such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking"[a]ny arbitrary action in the procurement process")— no Grantee (or subgrantee,at any tier) may(in any procurement transaction)discriminate I 3 i i i AG/CPIAD#26 FY 2020 CESF Special Conditions(revised 06/2020) 7 i against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent, affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by CPJAD. The term "associate of the federal government" means any person or entity engaged or employed(in the past or at present) by or on behalf of the federal government—as an employee,contractor or subcontractor(at any tier), Grantee or sugrantree (at any tier), agent, or otherwise—in undertaking any work, project, or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government, and includes any applicant for such employment or engagement,and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. 18. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated in the application for award(as approved by CPJAD)(or in the application for any subaward at any tier), the funding announcement(solicitation),or an associated federal or state statute—that a purpose of some or all of the activities to be carried out under the award (whether by the Grantee or subgrantee at any tier) is to benefit a set of individuals under 18 years of age. Grantee, and any subgrantee at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OR web site at httl2s://oip.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors),and are incorporated by reference here. SUBMITTED 13)� SEP 17 2020 Signature: Date: Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#26 FY 2020 CESF Special Conditions(revised 06/2020) 8 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid,be made available for law enforcement,criminal justice, and victim compensation and assistance activities. SUBMI'CTED BY: Date: SEP 17 2020 Signature: Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of- • The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex, in Office of Justice Programs,Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §3789d and 28 C.F.R. §42.201 et sec.} • Title V1 of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R. §42.101 et§s-q.) • Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(29 U.S.C. §794 and 28 C.F.R. §42.501 et§sq) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42 U.S.C. §10604) • Title 11 of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in Office of Justice Programs,Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §12132 and 28 C.F.R. Pt.35) • Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in Office of Justice Programs, Office of Community Oriented Policing Services,and Office on Violence Against Women funded training or educational programs.(20 U.S.C. §1681 and 28 C.F.R. Pt. 54) • The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §6102 and 28 C.F.R. §42.700 et§M.) • Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. • Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith- based organizations. • The Violence Against Women Reauthorization Act of 2013, Pub, L. No. 1134, 127 Stat. 54 § 3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part with funds made available through VAWA or the Office on Violence Against Women.(42 U.S.C. § 13925(b)(13)). No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in pan with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BYc, SEP 17 2020 Signature: Date: Name: Paul Ferreira Title: - Chief of Police Agency: Hawaii Police Department AG/CPJAD#15 (revised 7/2015) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES The U.S. Department of Justice,Office of Justice Programs(OJP), Office for Civil Rights(OCR) has jurisdiction to investigate complaints of discrimination against recipients of funding from OJP (which includes component agencies such as the Bureau of Justice Assistance,the Office for Victims of Crime, and the National Institute of Justice), Office on Violence Against Women,and the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should have non-discrimination complaint procedures. Therefore, I certify that the Hawaii Police Department(name of agency)has non-discrimination complaint procedures which include: (1) a coordinator who is responsible for overseeing the complaint process. The agency's coordinator is: Pan? K. Fe=i. a Police Chief RpR-961-2243 Name Title Phone (2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware that they may complain of discrimination directly to a subrecipient, to the Department of the Attorney General, or to the Office for Civil Rights. (3) a procedure to investigate the complaint. (The procedure may be an internal investigation or forwarding the complaint to the Department of the Attorney General, the OCR, or another appropriate external agency.) (4) a procedure to notify the Department of the Attorney General,Crime Prevention and Justice Assistance Division of the complaint. (The Department will forward the complaint information to OCR and may conduct an investigation of the complaint.) (5) a procedure to notify the Department of the Attorney General of the findings of the investigation. SUBMITTED BY: SEP 17 2020 Signature: �.. '�Cx� Date: Name: Paul Ferreira Title: Chief of Police (Head of Agency or Designee) i AG/CPJAD#30 6/2010 I i i I i U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,28 CFR Part 67,Section 67.510. Participants'responsibilities.The regulations were published as Part V11 of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared Ineligible,or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Mere the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Paul Ferreira, Chief of Police Name and Title of Authorized Representative SEP 17 2020 Signature Date Hawaii Police Department Name of Organization 349 Kapiolani Street, Hilo,Hawaii 96720 Address of Organization OJP FORM 4061/1(REV.2/89)Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.