HomeMy WebLinkAboutCOM 0228.014 2020-2022 I
Mitchell D.Roth ��'c� 'j Paul K. Ferreira
Mayor Police Chief
Kenneth Bugado Jr. I
Deputy Police Chief
County of Hawal'ii
POLICE DEPARTMENT
349 Kapiolani Street Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
DATE: May 7, 2021 ❑
TO: MAILE DAVID, COUNCIL CHAIRWOMAN AND
COUNCIL MEMBERS
VIA: KAY HI , N ROLLER
FROM: PAUL K. FERREIRA, POLICE CHIEF -
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 20-45, SECTION 7(1)
Name of Grant Program: FY 2020 MICS Act Record Improvement Program
(NARIP)
Grantor: State Department of Attorney General,
Hawaii Criminal Justice Data Center
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 2020-NS-BX-KO04
Amount of Grant: $545,760.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.73:3310.11
Grant Period (Commencement & Completion): January 1, 2021 to December 31, 2022
Purpose of Grant: To automate and streamline the firearms registration
process.
Is final report required by grantor?- R Yes ❑ No
Notification attached: Yes [] No, because
Comm. No.
Ref. To:
Ref. Daae JUN 15 ?0?
"Hawai'i County is an Equal Opportunity Provider and Employer"
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MEMORANDUM OF AGREEMENT
by and between the
DEPARTMENT OF THE ATTORNEY GENERAL,
HAWAII CRIMINAL JUSTICE DATA CENTER
and the
WAII POLICE DEPARTMENT,
RECORDS AND IDENTIFICATION SECTION
This Memorandum of Agreement("MOA")is entered by and between the Department of the
Attorney General, Hawaii Criminal Justice Data Center,("AGENCY")and the Hawaii Police
Department, Records and Identification Section,("GRANTEE")(collectively,"the Parties"),to
establish the roles and responsibilities of the Parties in relation to the National Instant Criminal
Background Check(NILS)Act Record Improvement Program(NARIP)2020 grant.
RECITALS
WHEREAS,pursuant to 34 U.S.C. §40912,the NICE Improvement Amendments Act of
2007(HIAA)addresses the gap in information available to MICS about prohibiting mental health
adjudications and commitments and other prohibiting factors for the obtainment of a firearm;
WHEREAS,pursuant to 34 U.S.C. §10132(c)(I 9),the Bureau of Justice Statistics(BJS)is
authorized to provide improvements in the accuracy,quality,timeliness,immediate accessibility,
and integration of national systems of criminal history and related records. Through the National
Criminal History Improvement Program(NCHIP)and NARIP federal grants, BJS provides for
such improvements;
WHEREAS,the AGENCY is the designated State agency to administer the NCHIP and
NARIP federal grants for Hawaii;
WHEREAS,the AGENCY has submitted a project(s)request for NARIP funds on behalf of
the GRANTEE. At award,the GRANTEE is subject to subrecipient monitoring as administered
by the AGENCY and set forth in this MOA;
WHEREAS,the AGENCY is required to comply with subrecipient monitoring as stated in
31 U.S.C. §7502 and in Title 2 C.F.R§200.
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:
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
1. FEDERAL GRANT INFORMATION
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.
Part 200,as adopted and supplemented by DOJ in 2 C.F.R. Part 2800,apply to this award.
Grant Award Dumber: 2020-NS-BX-KO04
Program Title: FY 2020 NIC:S Act Record Improvement Program(NARIP)
Statutory Authority for Grant: 34 USC § 40912
CFDA: 16.813—MICS Act Record Improvement Program (NARI P)
Grant Period Dates: 01/01/2021 — 12/3112022
The DOJ Grants Financial Guide serves as the primary reference manual to assist acv=ardees in
fulfilling fiduciary responsibility to ensure grant funds are used for the purposes for which they
were awarded. ltttps./ioir).tiol/liii�iiiial=�,ttide/DOJlindex.htni
2. SCOPE OF SERVICES
GRANTEE shall,as detennined by the AGENCY,and in accordance with the terms of this
MOA, furnish all labor,equipment,and materials necessary to satisfactorily perform the
t'oIIowing scope of services(hereinafter, "Scope of Services"):
Firearms Process Enhancements $150,000.00
Automate and streamline the firearms registration process and innprove record keeping and
data availability.
Firearms Records Scannin- $100,000.00
Convert paper files to an electronic format using standardized naming conventions that will
allow quick retrieval,search and sharing,capability: upload electronic files to the records
management system; merge and migrate old records into the records management system.
Firearms Records Clerk $50,000.00
One(1) Record Unit staff whose primary responsibilities will be to prepare registration
docurnents for scanning, assisting with converting paper files to an electronic format,case
reviews and update cage dispositions,and assist with any other daily duties performed by the
Firearms Record Unit.
Firearms Records Clerk Overtime $245,760.00
Overtime hours for firearms registration document preparation for scanning,document
scanning,and case reviews.
Document preparation for scanning: $30/hr.x 80 firs.x 40 weeks=$96,000
Document scanning.. $30/hr. x 45 firs,x 52 weeks=$74,580
Case reviews: $30/hr. x 48 firs. x 52 weeks=$74,880
3. REIMBURSEMENT
a. Request for reimbursement
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Grant Subreeipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
Subject to availability of funds,the GRANTEE shall be reimbursed for all actual,allowable,
allocable,and reasonable costs incurred in performing the Scope of Services under this MOA
in an amount not-to-exceed five hundred forty-five thousand seven hundred sixty and 001100
dollars($545.760.00). The reimbursement amount is not to exceed the total award as stated
above.
To obtain reimbursement,the GRANTEE shall submit to the AGENCY:
(i) Bill for Collection or request for reimbursement on departmental letterhead
(ii) Copy of invoice from the applicable expenditure
(iii) Copy of personnel timesheets of applicable payroll expenditures
b. GRANTEE acknowledges and agrees that the AGENCY's obligation to reimburse the
GRANTEE is subject to receipt of federal funds under the Award,and at no time shall this
MOA be construed as an agreement to reimburse or compensate the GRANTEE with
funds other than those which are received from the federal government. GRANTEE
further acknowledges and agrees that federal funds under this MOA will be used to
supplement,but not supplant,state or local funds. Failure of the AGENCY to receive
anticipated federal funds shall not be considered a breach by the AGENCY or an excuse
for nonperformance by the GRANTEE.
c. If,at any time after payment is issued to the GRANTEE under this MOA,the AGENCY
determines that certain costs paid by the AGENCY to the GRANTEE were inappropriate
or unallowable,the AGENCY may require the GRANTEE to return an equivalent amount
of monies to the AGENCY.
4. REPORTING REQUIREMENTS
a. Progress Reports
GRANTEE shall submit progress reports to the AGENCY within fifteen(15)calendar days
after the end of each calendar 6-month period as follows:
(i) January I through June 30,due July 15
(ii) July 1 through December 31,due January 15
b. Final Report
GRANTEE shall submit a final progress report and a final financial report to the AGENCY
within thirty(30)calendar days after the project deadline.
5. CERTIFICATIONS AND COMPLIANCE
GRANTEE must be in compliance with assurances or certifications as listed below:
a. System for Award Management(SAM)
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
GRANTEE must have a current registration with SAM and be in compliance with SAM
requirements and restrictions, hnI)s.,//www,sun.()ov/
b. Non-discrimination and civil rights
GRANTEE must comply with all applicable requirements of-
I. 28 C.F.R. Part 42,specifically any applicable requirements in Subpart E that relates to an
Equal Employment Opportunity Plan(EEOP).
2. 28 CY.R. Part 54.as relates to nondiscrimination on the basis ofsex in certain education
program s
3. 28 G.F.R. Part 38, prohibits discrimination on the basis of religion and engagement in
religious activity
c. DOJ Grants Financial Guide
GRANTEE must comply with the DOJ Financial Guide,including any updated version that
may be posted during the period of performance.
d. Lobbying restrictions
Federal funds may not be used by the GRANTEE to support or oppose the enactment, repeal,
modification,or adoption of any law,regulation,or policy,at any level of government.
6. GRANT EXPENDITURE REQUIREMENTS
a. All individual consultant fees in excess of$650 per 8 hour day require prior approval.
b. All Sole Source procurements in excess of$250,000 require prior approval.
c. Overtime fi-ingebenefits are litnited to FICA (social Security, niedicare),unciriployinent
compensation,and worker's compensation.
7. SUBRECIPIENT MONITORING
GRANTEE is subject to subrecipient monitoring as administered by the AGENCY. Subrecipielit
monitoring can be conducted in one of two ways as follows:
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a. Desk Monitoring
Involves review of performance and fiscal reports submitted by the GRANTEE to the
AGENCY through telephone/e-mail correspondence or virtual meeting. Also includes review
of assurances and certifications as listed in Section 5.
b. On-Site Monitoring
Conducted at the subrecipient^s office or project site regarding performance and fiscal
matters, including review of program and fiscal documentation,or observation of actual
activity as conducted by the project scope of services. Also includes review of assurances
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police I)epartment—Records and Identitication Section
and certifications as listed in Section 5.
Within thirty(30)working days after subrecipient monitoring is conducted,the AGENCY will
submit a completed monitoring report to the GRANTEE.
8. 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 the GRANTEE, its officers,employees,agents,subcontractors
under this MOA; provided,however,that this provision shall not apply if GRANTEE is a State
agency.
The provisions of this section shall survive the expiration or termination of this MOA.
9. PARTY REPRESENTATIVES
Any notice,written or verbal shall be provided to the Parties' respective representative:
AGENCY: Susan Yonemura
HCJDC Grants Administrator
465 S. King Street, 101
Honolulu, HI 96813
(808)587-3392
susan.k.yonemura@hawaii.gov
GRANTEE: DUNS No.613154335
Lieutenant Scott P. Amaral
Hawaii Police Department
Records and Identification Section
349 Kapiolani Street
Hilo,Hawaii 96720
(808)961-2232
Scott.Amaral@hawaiicounty.gov
10. EFFECTIVE DATE,AMENDMENT,and TERMINATION
a. The effective date of this MOA is March 1,2021.
b. This MOA may be amended by mutual written agreement signed by all Parties.
c. This MOA is effective through the life of the grantor maybe terminated sooner by the
AGENCY in writing.
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
(i) 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 right 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 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.
(ii) 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.
(iii)GRANTEE shall be entitled to reimbursement for all allowable,allocable,and
reasonable costs 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.
(iv)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.
(v) All finished or unfinished documents,reports or other written material prepared by the
GRANTEE under this MOA shall be submitted to the AGENCY to comply with grant
award requirements.
11. DISPUTES
Any dispute under this MOA which cannot be disposed of by mutual agreement of the Parties'
designated representatives shall be elevated to the Hawaii Police Department Chief and the
HCJDC Administrator.
12. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions,as well as the rights and duties of
the Parties to this Agreement,shall be governed by the laws of the State of Hawaii. Any action at
law or in equity to enforce or interpret the provisions of this Agreement shall be brought in a state
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
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court of competent jurisdiction in Honolulu,Hawaii.
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13. 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 ofAGENCY's right to enforce the same as to any other or further
violation.
14. ENTIRE AGREEMENT
This Agreement sets forth all of the agreements,conditions,understandings,promises,warranties,
and representations between AGENCY and GRANTEE relative to this Agreement. This
Agreement supersedes all prior agreements,conditions,understandings,promises,warranties,and
representations,which shall have no further force or effect.
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Grant Subrecipient MOA—NARIP 2020
Hawaii Police Department—Records and Identification Section
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date.
"Grantee"
Hawaii Police Department,
Records and identification Section
f
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By- LEE E. LORD
Its:VMayor
Date: APR 2 12021
Approved as to Form and Legality: Approval Recommended:
Corporation C insel By: Paul Ferreira
its: Chief of Police
"Agency„
Department of the Attorney General,
Approved a_ to Form: Hawaii Criminal Justice Data Center
Dep iy Attorney Genera yhristopher D. . ou
� :�-�,,ICJDC Administrator
Date:
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Grant Suhrecipient MOA—NARIP 2020
Rauvaii Police Department—Records and Identification Section