HomeMy WebLinkAboutCOM 0454.000 1998-2000Stephen K. Yamashiro
Mayor
September 21, 1999
Couutp of'awaii
DEPARTMENT OF FINANCE
25 Aupuni Sheet, Room 118 • Hilo, Hawaii 96720-4252
(808)961-8234 • Pax(808)961-8248
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution Authorizing County to Enter into Agreement
Harry A. Takahashi
Enclosed is a resolution authorizing the Mayor to enter into an agreement for a
Statewide Marijuana Eradication Grant.
This grant is to provide expenses to conduct missions for the elimination of
controlled substances. Funds have already been appropriated in the Operating
Budget.
As this grant commenced on July 1, the department requests that this
resolution to be heard at the Council meeting scheduled for October 6, 1999.
If there are any questions, please do not hesitate to call the Police Department.
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Director o Finance
APP VED-
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Stephen K. Yamashiro
Mayor
Enc.
Re's. I9 6- 99
Comm. No.
Director
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Ref. Date --VI
2 4 1999
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Enclosed is a resolution authorizing the Mayor to enter into an agreement for a
Statewide Marijuana Eradication Grant.
This grant is to provide expenses to conduct missions for the elimination of
controlled substances. Funds have already been appropriated in the Operating
Budget.
As this grant commenced on July 1, the department requests that this
resolution to be heard at the Council meeting scheduled for October 6, 1999.
If there are any questions, please do not hesitate to call the Police Department.
I,�� �V(di,C',�
HA. akahashi
Director o Finance
APP VED-
rt
Stephen K. Yamashiro
Mayor
Enc.
Re's. I9 6- 99
Comm. No.
File No.
VS�7
Ref. To:
G D WINC-#Z.
Ref. Date --VI
2 4 1999
JAMES Y. ARAKAKI
Chairman & Presiding Wicer
AL SMITH
Vice Chairman
September 22, 1999
James Y. Arakaki, Chair
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, llawai'i 96720
AARON S.Y. CHUNG
BOBBY JEAN LEITHEAD-TODD
LENINGRAD ELARIONOFF
JULIE JACOBSON
NANCY PI eCHIO
J. CURTIS ZNLER, III
DQ(�INIC "GONG
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RE: Resolution No.146 , authorizing the Mayor to enter into an agreement for a
Statewide Marijuana Eradication grant.
Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai "i, this written request is submitted with my approval that the above -referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter placed onto the next Council agenda for review. However, in the event this request is
denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Sincerely,
G - '
Aaron S.Y. Chung, Chair
Committee on Finance
Disapproved/Date/Refer to FC:
James Y. Arakaki, Chair
Hawaii County Council
Project Number 99 -DB -6
C O N T R A C T
THIS CONTRACT, dated , by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency", by and through the Attorney General,
and the Hawaii County Police Department
hereinafter called "Grantee".
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. SS 3711 €t seq., as amended
(hereinafter "Act"), was enacted to make grants to state and local
government units to assist them in enforcing state and local laws
which establish offenses similar to those established in the
Controlled Substances Act, and to improve the functioning of the
criminal justice system, with emphases on violent crime and serious
offenders, including the following programs:
(1) demand reduction education programs in which law enforcement
officers participate;
(2) multi -jurisdictional task force programs that integrate
federal, state and local drug law enforcement agencies and
prosecutors for the purpose of enhancing interagency
coordination and intelligence and facilitating multi -
jurisdictional investigations;
(3) programs designed to target the domestic sources of controlled
and illegal substances, such as precursor chemicals, diverted
pharmaceuticals, clandestine laboratories and cannabis
cultivations;
(4) community and neighborhood programs that assist citizens in
preventing and controlling crime, including special programs
that address the problems of crimes committed against the
elderly and special programs for rural jurisdictions;
(5) programs to disrupt illicit commerce in stolen goods and
property;
(6) programs for improving the investigation and prosecution of
white-collar crime, organized crime, public corruption crimes
and fraud against the government with priority attention to
cases involving drug-related official corruption;
(7) programs for:
(a) improving the operational effectiveness of law
enforcement through the use of crime analysis techniques,
street sales enforcement, schoolyard violator programs,
gang -related and low-income housing drug control
programs;
(b) developing and implementing anti -terrorism plans for deep
draft ports, international airports and other important
facilities;
(8) career criminal prosecution programs, including the
development of model drug control legislation;
(9) financial investigative programs that target the
OA
identification of money laundering operations and assets
obtained through illegal drug trafficking, including the
development of proposed model legislation, financial
investigative training and financial information sharing
systems;
(10) improving the operational effectiveness of the court process
by expanding prosecutorial, defender, and judicial resources
and implementing court delay reduction programs;
(11) programs designed to provide additional public correctional
resources and improve the corrections system, including
treatment in prisons and jails, intensive supervision programs
and long-range corrections and sentencing strategies;
(12) programs for providing prison industry projects designed to
place inmates in a realistic working and training environment
which will enable them to acquire marketable skills and to
make financial payments for restitution to their victims, for
support to their families and for support of themselves in the
institution;
(13) programs which identify and meet the treatment needs of adult
and juvenile drug -dependent and alcohol -dependent offenders;
(14) programs to provide assistance to jurors and witnesses and
assistance (other than compensation) to victims of crime;
(15) programs:
(a) to improve drug control technology, such as pretrial drug
testing programs, programs which provide for the
identification, assessment, referral to treatment, case
3
management and monitoring of drug -dependent offenders and
enhancement of state and local forensic laboratories;
(b) for criminal justice information systems to assist law
enforcement, prosecution, courts and corrections
organizations (including automated fingerprint
identification systems);
(16) innovative programs which demonstrate new and different
approaches to enforcement, prosecution and adjudication of
drug offenses and other serious crimes;
(17) programs addressing the problems of drug trafficking and the
illegal manufacture of controlled substances in public
housing;
(18) programs for improving the criminal and juvenile justice
system's response to domestic and family violence, including
spouse abuse, child abuse and abuse of the elderly;
(19) drug control evaluation programs which state and local units
of government may utilize to evaluate programs and projects
directed at state drug control activities;
(20) programs providing alternatives to prevent detention, jail and
prison for persons who pose no danger to the community;
(21) programs with the primary goal of strengthening urban
enforcement and prosecution efforts targeted at street drug
sales;
(22) programs for the prosecution of driving while intoxicated
charges and the enforcement of other laws relating to alcohol
use and the operation of motor vehicles;
4
(23) programs that address the need for effective bindover systems
for the prosecution of violent 16- and 17 -year old juveniles
in courts with jurisdiction over adults. Certain violent
crimes, including murder and felonies committed with firearms,
are specified, with reference to 18 U. S. C. § 36;
(24) law enforcement and prevention programs that target gangs or
youth who are involved with or are at risk of involvement in
gangs;
(25) programs to develop or improve forensic laboratory
capabilities to analyze DNA for identification purposes; and
(26) programs to assist states in the litigation processing of
death penalty federal habeas corpus petitions.
WHEREAS, the Governor has designated Agency to serve as
Hawaii's office for administering the federal financial assistance
available under the Act;
WHEREAS, Grantee, as an agency of the County of
--------- is qualified to receive
funds available to Hawaii under the Act and its implementing
regulations (28 C.F.R. Part 33) or guidelines (Bureau of Justice
Assistance, Edward Byrne Memorial State and Local Law Enforcement
Assistance Program Guidance), and has applied to Agency for receipt
of the same as a subgrantee;
WHEREAS, Agency has reviewed Grantee's application for
5
funds, and is satisfied that all of the requirements of the Act and
its implementing regulations have been satisfied and that Grantee
is capable of using the federal funds requested appropriately;
WHEREAS, Grantee has demonstrated the capacity to provide
the services, programs and activities described herein and is
ready, willing and able to provide the required services, programs
and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as follows:
A. SCOPE OF SERVICES.
Grantee shall, in a proper and satisfactory manner,
as determined by Agency, and in accordance with the terms and
conditions of this Contract, use the funds received under this
Contract for the purposes stated herein and in accordance with the
"Application For Grant" (Parts I through IV including all
certifications required under Section C) attached hereto as Exhibit
"A" and by reference incorporated herein. It is understood that
this Contract includes as a part hereof any rules, relevant
directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
2
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from
July 1 1999 to and including June 30 2000 unless
this Contract is sooner terminated as hereinafter provided.
C. PERFORMANCE REQUIREMENTS AND CONDITION5.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to Bureau of Justice
Assistance, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program Guidance, and office of Management
and Budget circulars and the effective edition of the Office of
Justice Programs' financial manual entitled "Financial Guide."
2. If so required by Agency, Grantee shall certify
to Agency that any expendable or non -expendable personal property
purchased or acquired with funds received under this Contract will
be used for criminal justice purposes before title in such property
may vest in Grantee. If a certification is not provided by
Grantee, title to any personal property purchased or acquired with
funds received under this Contract shall vest in Agency.
3. Prior to, or concurrently with the execution of
this Contract, if so required by Agency, Grantee shall complete,
execute and submit to Agency a Certification Regarding Drug -Free
Workplace Requirements which meets the requirements of the Drug
7
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D),
hereinafter referred to as the "Drug -Free Workplace Certification".
A copy of the Drug -Free Workplace Certification shall be included
in Part IV of the Application for Grant. Grantee covenants that
the representations made in the Drug -Free Workplace Certification
are true and that Grantee shall fulfill the requirements set forth
therein. Grantee's execution and submission of a false Drug -Free
Workplace Certification, or Grantee's violation of the requirements
set forth therein shall entitle Agency to suspend one or more
payments under this Contract, and/or terminate this Contract
pursuant to the provisions of Section N of this Contract. Grantee
warrants that it is aware that such false certification or
violation of the requirements contained in the Drug -Free Workplace
Certification shall subject the State of Hawaii to government -wide
suspension or debarment, or other sanctions which, in turn, shall
result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
4. Prior to, or concurrently with the execution of
this Contract, Grantee shall complete, execute and submit to Agency
a Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion, hereinafter referred to as the "Debarment
Certification". A copy of the Debarment Certification shall be
included in Part IV of the Application for Grant. Grantee
covenants that the representations made in the Debarment
Certification are true and that Grantee shall fulfill any and all
terms and conditions set forth therein.
3
5. Prior to, or concurrently with the execution of
this Contract, if so required by Agency, Grantee shall complete,
execute andsubmitto Agency a Certification Regarding Lobbying,
hereinafter referred to as the "Lobbying Certification", and any
subsequent disclosure forms required under Section 1352, Title 31
U. S. C. A copy of the Lobbying Certification shall be included in
Part IV of the Application for Grant. Grantee covenants that the
representations made in the Lobbying Certification are true and
that Grantee shall fulfill any and all terms and conditions set
forth therein.
6. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records, documents
and other evidence which sufficiently and properly reflect all
direct and indirect expenditures and all interest or other income
earned as the result of funds provided pursuant to this Contract.
Grantee shall ensure that its own books, records, and documents are
available for inspection, reviews or audits at all reasonable times
by Agency or the United States Department of Justice. In addition,
Grantee shall prepare and submit reports in such form and at such
times as Agency or the Bureau of Justice Assistance may require; at
minimum, Grantee shall submit quarterly financial reports twenty
(20) calendar days after the end of each calendar quarter. Records
and financial accounts shall be retained and accessible to Agency
and the United States Department of Justice for at least three
years after Agency's grant with the Bureau of Justice Assistance is
closed.
E
7. Grantee shall comply with all the ordinances,
codes, rules and regulations of the Federal, State and local
government which in any way affect its performance under this
Contract.
8. Grantee shall provide for an independent audit
of its activities on a periodic basis in accordance with Office of
Management and Budget Circular A-128.
9. Grantee will comply with the non-discrimination
requirements of the Act, Title VI of the Civil Rights Act of 1964
(with respect to race, sex, religion, creed, national origin),
Title VII of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973 (handicap), as amended, Title IX of the
Education Amendments of 1972 (race, sex, religion, creed, national
origin), the Age Discrimination Act of 1975 (age), Executive Order
12138, 44 C.F.R. 29637 (affirmative action for women's business),
and the United States Department of Justice Non -Discrimination
Regulations, 28 C.F.R., Part 42, Subparts C, D, E and G, the
American with Disabilities Act of 1990 42 U.S.C. §§ 12101 at sea.,
and the Hawaii State Fair Employment Practices Act, Chapter 378,
Hawaii Revised Statutes.
10. Grantee assures Agency that if it is required
to formulate an Equal Employment Opportunity Program in accordance
with 28 C.F.R. §§ 42.301 _e_t sea. it will submit a certification to
Agency that a current program is on file.
11. Grantee shall ensure that forty-four thousand.
10
are available as matching funds to provide the services under this
contract. Grantee shall maintain records which clearly show the
source, amount and the timing of match contributions. If, at the
end of the contract period, Agency determines that Grantee does not
have the required matching contribution, Grantee shall return all
of the federal portion of the project cost for which there is no
required match.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
terminates shall be returned to Agency; all funds provided under
this Contract which are encumbered but not disbursed within ninety
(90) days after this Contract terminates shall be returned to
Agency.
D. PERSONNEL.
1. Grantee shall secure at its own expense all
personnel required to perform the services required under this
Contract. All such personnel shall not be considered employees of,
or have any contractual relationship with the State of Hawaii
unless Grantee is otherwise an agency of the State.
2. Grantee shall ensure that none of the work or
services to be provided under this Contract shall be subcontracted
or assigned without the prior written approval of Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
11
required under this Contract by subcontract provided that Grantee
secures the prior written consent of Agency. In the event Grantee
enters into a subcontract with a private organization to perform
any of the services or activities required under this Contract,
Grantee agrees that the period of each subcontract shall not exceed
one year, and funds to the private organization will not be
released unless and until the requirements set forth in applicable
State law or implementing rules are complied with by the
subcontractor. All subcontracts shall include provisions to ensure
that Grantee is capable of satisfying the requirements of this
Contract. All subcontracts shall be reduced to writing and shall
include all provisions of this Contract required of Grantee.
F. SERVICES AS INDEPENDENT CONTRACTOR.
1. In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress to
determine whether, in Agency's opinion, the work is being performed
by Grantee in accordance with the provisions of this Contract. All
persons hired or used by Grantee shall be Grantee's agents and
employees and Grantee shall be responsible for the accuracy,
completeness, and adequacy of any and all work and services
12
performed by its agents and employees. Furthermore, Grantee
intentionally, voluntarily, and knowingly assumes the sole and
entire liability if such liability is determined to exist, to its
agents and employees or to third persons, for all loss, cost,
damage or injury caused by Grantee's agents and employees in the
course of their employment. The performance of work under this
Contract alone shall not be construed as employment with the State
of Hawaii and shall not entitle Grantee's agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes. Grantee shall be responsible
for payment of income, social security, and other federal, state or
local taxes that it may be required to pay.
2. This section shall not be enforced if Grantee
is an agency of the State of Hawaii.
G. COMPENSATION.
1. Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily performed
under this Contract, a sum not to exceed one hundred thirty-three
thousand. six hundred fourteen and no/?00 dollars ($133,614,00)
to be spent for the purposes of this Contract. This sum represents
any and all compensation to be paid to Grantee for any and all
services it provides, and for any and all travel costs, materials,
supplies, equipment, overhead, taxes, and other incidentals and
operating expenses which it incurs or may incur in connection with
this Contract.
13
2. It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under this
contract to be payable out of federal funds, this contract shall be
construed to be an agreement to pay such portion to the contractor
only out of federal funds to be received from the federal
government when the federal funds are so received and shall not be
construed as a general agreement to pay such portion at all events
out of any funds other than those which are received from the
federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this Contract
shall be subject to the allotment system as provided in Chapter 37,
Hawaii Revised Statutes.
2. Payments to Grantee under this Contract shall
be made in accordance with and subject to the following provisions:
a. Payments shall be made monthly upon
receipt of Grantee's completed request for funds.
b. All payments shall be made in accordance
with and subject to Chapter 40, Hawaii Revised Statutes, which
specifies the accounting procedures and controls applicable to
payments out of the Treasury of the State of Hawaii.
C. If an amount of reported expenditures is
preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the next
payable installment and may withhold payment of the amount of the
14
moneys equivalent to the questioned expenditures until later
resolution of the discrepancy by audit or other means. If, after
payment of the last installment, investigation and examination
reveal additional expenditures that are determined by Agency to be
inappropriate and unallowable, Agency may require that an
equivalent amount of moneys be refunded to Agency notwithstanding
Agency's preliminary determination of appropriateness and
allowableness.
d. Failure to submit required reports by the
deadline will result in the withholding of payments until such time
as the reports are received by Agency. Grantee shall continue to
provide the services, programs and activities during the period
that payments are being withheld.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts or activities of Grantee.
Grantee shall indemnify and save harmless the State of Hawaii,
Agency, and their officers, agents, and employees from and against
any and all actions, claims, suits, damages, or costs arising out
of or resulting from the acts or omissions of Grantee, its
officers, employees, agents, or subcontractors occurring during or
in connection with the performance of Grantee's services under this
Contract, or arising out of or resulting from breach of this
Contract by Grantee. Grantee shall defend the State of Hawaii,
15
Agency, and their officers, agents, and employees against any such
action or claim unless the action or claim involves an act or
omission solely of Agency, its officers, agents, or employees.
2. This section shall not be enforced if Grantee
is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by Grantee
under this Contract which is identified as proprietary or
confidential 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 research/
statistical 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.
K. 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
Contract, and all such material shall be considered "works made for
16
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 Contract
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.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, or change to this
Contract other than to the "Application For Grant" (attached hereto
as part of Exhibit "A") or to the period during which this Contract
is in effect in Section B, including increases (subject to the
availability of funds) or decreases in the amount of compensation,
shall be reduced to a written supplemental agreement and executed
by Grantee and the Attorney General or the Attorney General's
designee. Modifications, alterations or changes to provisions of
the "Application For Grant" may be requested by Grantee, approved
by the Administrator of the Crime Prevention and Justice Assistance
Division on Agency's behalf, and made by substituting or inserting
the revisions in Exhibit "A". Modifications, alterations or
changes to the period during which this Contract is in effect may
be requested in writing by Grantee or Agency, up to forty-five (45)
days before the Contract would otherwise terminate, and shall be
effective as of the date approved by the Administrator of the Crime
Prevention and Justice Assistance Division (if requested by
Grantee) or Grantee (if requested by Agency) and made by attaching
17
a party's written request with the other party's written approval
thereon to this Contract.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no interest
and promises that it shall not acquire any interest, direct or
indirect, that would conflict in any manner or degree with the
performance of the services under this Contract.
N. TERMINATION OF CONTRACT.
If, for any cause, Grantee fails to satisfactorily
fulfill in a timely or proper manner its obligations under this
Contract, or if Grantee breaches any of the promises, terms or
conditions of this Contract and, having been given reasonable
notice of and opportunity to cure any such default, fails to take
satisfactory corrective action within the time specified by Agency,
Agency shall have the right to terminate this Contract by giving
written notice to Grantee of such termination ten (10) calendar
days before the effective date of such termination. Furthermore,
Agency may terminate this Contract without statement of cause at
any time by giving written notice to Grantee of such termination at
least thirty (30) calendar days before the effective date of such
termination. In the event of termination of either type, all
finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency become
M
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 on
or before the effective date of termination. Grantee shall be
entitled to receive only such compensation as shall have been
satisfactorily earned prior to the effective date of termination.
Agency shall determine the amount of work satisfactorily completed
and the amount of compensation satisfactorily earned. If the
termination is for cause, any other provisions to the contrary
notwithstanding, Grantee shall not be relieved of liability to
Agency for damages sustained by Agency because of any breach by
Grantee of this Contract.
O. WAIVER.
It is expressly understood and agreed that no waiver
granted by Agency on account of any violation of any promise, term
or condition of this Contract shall constitute or be construed in
any manner as a waiver of the promise, term or condition or of the
right to enforce the same as to any other or further violation.
P. DISPUTES.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of by
mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General's duly
designated representative, who shall reduce the decision to writing
19
and mail or otherwise furnish a copy of the decision to Grantee.
The decision of such person shall be final and conclusive. Pending
finaldecision of such dispute, Grantee shall proceed diligently
with the performance of this Contract in accordance with Agency's
request.
Additional conditions may be imposed against Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract.
APPROVED AS TO FORM AND
LEGALITY:
Corporation Counsel/
County Attorney
APPROVAL REQ/CO, ;MM�EINjD�ED:
,Way4 G. Carvalho
Chief of Police
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII ("AGENCY")
By
Its Attorney General
HAWAII COUNTY POLICE DEPARTMENT
COUNTY OF HAWAII ("GRANTEE")
By
Its Mayor
By
Its Director of Finance
;i]
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
425 Quad Street
Honolulu, Hawaii 96813
APPLICATION FOR GRANT
PART 1. TITLE PA
A. PROJECT TTTLE: Statewide Marijuana Eradication Task Force
B. APPLICANT AGENCY: Hawaii Police Department
C.ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D.
LOCATIONOFPROJECT:
349
Kapiolani
Street, Hilo, Hawaii 96720
14.00
AnarneT General Maui
E.
PROJECT PERIOD: From
July
1, 1999
To June 30. 2000
F. AUTHORIZE PURPOSE AREA (2 )
G. TYPE OF AWARD: New
H. TOTAL PROJECT COSTS:
Continuation X
SOURCE OF FUNDS
PERCENT
AMOUNT
Federal Fun&
73%$133,6
14.00
AnarneT General Maui
0
Agency Match
44,538.00
TOTAL
100%
$178,152.00
I. PROJECT DIRECTOR
Name: Henry J. Tavares, Jr. Title: Lieutenant
349 Kapiolani Street
Address: Hilo, Hawaii 96720 Telephone:(808)961-2253 FAX: (808)961-2372
J. FINANCIAL OFFICER
Nansc Gary Maesato Title:
349 Kapiolani Street
Business Manager
Address: Hilo, Hawaii 96720 Telephone.{808)961-2374 FAX.
FOA CFJAQ USE
D80maived:AUG 18 1999 njeaN.bw
AGIMAan MMl Exhibit A
STATEWIDE MARIJUANA ERADICATION TASK FORCE
HAWAII COUNTY POLICE DEPARTMENT
PART II. DESCRIPTION OF PROJECT
A. PROBLEM:
Marijuana cultivation within the County of Hawaii continues to be
a significant, ongoing problem, and a major concern to law
enforcement within the County and State of Hawaii.
Unfortunately, since the early 1980's to the present, Hawaii
gained a reputation of being a major "Source State" for high
quality marijuana.
National statistics show that Hawaii ranks among the top three
states in the amount of "cultivated" marijuana grown and
recovered. In 1995, Hawaii was number three in the nation, in the
amount of "cultivated" marijuana plants recovered, following
Kentucky and California (numbers one and two respectively). In
1996, Hawaii was number one, and in 1997, number two, following
Tennessee. In 1998 Hawaii again ranked first.
In 1998, the Statewide Marijuana Eradication Task Force,
consisting of the four (4) county police departments, as well as
other federal and state law enforcement agencies, seized and/or
destroyed 631,232 "cultivated" marijuana plants. The County of
Hawaii accounted for 202,931 of the total.
The County of Hawaii continues to lead the state in illegally
cultivated marijuana. The vast land area, a lot of which are
remote subdivisions and undeveloped land, as well as ideal weather
conditions, provides ideal growing territories and conditions for
marijuana cultivators.
In the past, Law Enforcement received reports from the public,
some of who are hunters, farm workers, and hikers, who were
confronted and threatened by persons with weapons. These innocent
citizens are warned to stay away from the area, or to "not disturb
their crop." More currently, hunters and hikers continue to
report sightings of marijuana cultivation.
These types of incidents are infrequent, but they still occur, and
are indicative of the methods and means the marijuana cultivators
resort to, and the value they place on their "crop". There are
other documented accounts or incidents that have taken place,
whereby crimes of violence, threats, harassments, and property
crimes have occurred due to conflicts resulting from "rip-offs" or
"territorial rights."
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 2
Another primary concern to law enforcement is the increase of
marijuana consumption among Hawaii's youth. A recent study
conducted by the Hawaii Department of Health, Alcohol and Drug
Abuse Division shows that 21.6% of high school students in the 12"
grade are dependant on marijuana.
Further studies indicate that the upsurge in marijuana use by
youth is fostered by society's increasingly casual attitu-e and
more permissive atmosphere toward marijuana. Recent movements by
national pro -marijuana groups have been highly publicized. These
movements include active lobbying, within federal, state, and
county public forums, for medicinal use of marijuana, marijuana
hemp, and decriminalization of marijuana.
Despite ongoing eradication and enforcement efforts by the
Statewide Marijuana Eradication Task Force, marijuana cultivation
and/or distribution activities, and operations, continue.
Marijuana cultivators continue to develop and implement new and
innovative methods and expend tremendous efforts to ensure a
"successful harvest" of their illicit crop. This makes
enforcement efforts more difficult.
It is imperative that law enforcement, under the auspices of the
statewide task force concept, continue its coordinated efforts in
developing and improving progressive eradication, investigative,
and prosecutorial avenues, to curtail this problem.
B. GOALS AND OBJECTIVES:
The overall goals of the Statewide Marijuana Eradication Task
Force is to suppress marijuana cultivation, and to minimize
product availability in the State of Hawaii. This will be
achieved through coordinated efforts of the multi -agency task
force, consisting of Federal, State, and local law enforcement
agencies.
The Objectives Are:
1. Maintain a statewide task force of personnel from the four
county police departments, the Drug Enforcement
Administration, and other state and federal law enforcement
agencies.
2. Coordinate and carry out eradication efforts throughout the
State of Hawaii, combining task force resources and manpower.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 3
3. Standardized guidelines and procedures for marijuana
eradication field operations.
4. Provide standardized training in detection, eradication and
investigative techniques, and safety procedures.
5. Eradicate a minimum of 120,000 marijuana plants during the
project period.
6. Effect a minimum of 100 arrests relating to the cultivation
and/or obstruction of marijuana.
7. Enforce civil and/or criminal asset for forfeiture
proceedings, and to seize assets, as applicable.
6. Provide a minimum of four (4) educational presentations
regarding marijuana during the project period.
C. PROJECT ACTIVITIES:
1. Enforcement efforts will be directed towards marijuana
eradication and investigative efforts to identify and arrest
marijuana cultivators and/or distributors.
2. The Hawaii County Police Department will continue to take part
in coordinated efforts of the statewide multi -agency task
force.
This will include combining resources and manpower during
field operations and other enforcement efforts throughout the
State of Hawaii.
3. The Statewide Marijuana Eradication Task Force will continue
to formulate and maintain effective and standardized marijuana
eradication operation guidelines and procedures for all member
agencies with the State.
This will include the development of and training in safety
procedures, eradication techniques, and standardized
guidelines relative to helicopter operations, in maintaining
the safety and welfare of the general public and law
enforcement personnel.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 4
4. Training of personnel is an essential and necessary component
to ensure effective and successful operations under the task
force concept. Training will include attending conferences
and workshops on topics that will be instrumental in
increasing the attendees knowledge, effectiveness, and work
performance.
Training will also familiarize the task force officers with
current trends of various marijuana concerns and investigative
techniques.
5. Personnel will attend bi-monthly meetings in order to share,
collectively identify, and address any new or unusual
marijuana cultivation and/or distribution trends, techniques,
or issues.
Intelligence information is also shared at the bi-monthly
meetings.
6. Educational presentations relating to marijuana to schools and
community groups.
D. PROJECT ORGANIZATION AND MANAGEMENT
The project director for the Hawaii County Police Department shall
be the lieutenant of the Hilo Vice Section. The project director
will be responsible for the overall management of the project and
will oversee department activities with the Statewide Marijuana
Eradication Task Force.
The project director reports to the captain of the Criminal
Investigation Division. The Criminal Investigation Division falls
under the command of the Assistant Chief of Investigative
Operations.
E. PERSONNEL:
Personnel utilized for this project shall be comprised of existing
full-time officers of the Hawaii County Police Department. There
will be no additional hiring of personnel for this project.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 5
F. PARTICIPATING AGENCIES:
1. The Hawaii County Police Department will be the lead agency
for the county police departments. We will be responsible for
coordinating communication and liaison activities among
representatives of the four county police departments and will
have the lead role in project activities.
2. The Statewide Marijuana Eradication Task Force is comprised of
the following county, state, and federal agencies.
a. Hawaii County Police Department
b. Honolulu Police Department
C. Maui County Police Department
d. Kauai County Police Department
e. Department of Land and Natural Resources
f. Hawaii Army National Guard
g. Drug Enforcement Administration
h. U.S. Marshals Office
i. Civil Air Patrol
G. PROJECT EVALUATION:
1. Analysis
The project director will accurately record data and oversee
efforts and methods used to achieve the goals and objectives of
this project. Data will be compiled monthly.
The project director will also determine the success and/or
failure of project operations and whether modifications are
needed for optimum results. Any modifications or deviations in
operating procedures utilized to achieve the goals and
objectives will be recorded in order to form a basis of
comparison.
2. Performance Indicators:
a. The dates of eradication missions where the Hawaii Police
Department is the lead agency.
b. The total amount of marijuana plants eradicated, as well
as volume of processed marijuana recovered.
C. The dollar value of marijuana plants eradicated and
processed marijuana recovered.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 6
d. The number of persons arrested for cultivation,
possession, and/or distribution of marijuana.
e. The type, amount, and value of assests seized.
f. The number and frequency of personnel provided to other
task force agencies' operations.
g. The number of multi -agency training sessions, number of
officers trained, and types of training received.
h. The number of inter -agency and multi -jurisdictional
investigations conducted.
i. The dates of task force meetings and the number of
personnel who attended.
j. The dates of educational presentations given and the
target audience.
H. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM:
Continued eradication missions and other enforcement efforts by
the Statewide Marijuana Eradication Task Force will significantly
disrupt cultivation and/or distribution operations as well as
considerably reduce the availability of the product. In
minimizing product availability, marijuana consumption and abuse
may be reduced.
Broadening the scope of enforcement and/or increasing
investigative efforts will serve to deter those who seek profits
from marijuana cultivation and/or distribution. This will
include conspiracy and financial aspects, along with asset
seizures.
PART -III..- BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
A. SALARIES AND WAGES
25% Agency Match: .............................. $44,538
Salaries of all Hawaii Police Department
personnel who participate in eradication
missions on the Big Island or when
assisting other agencies
Personnel Overtime: 16,800
Overtime and night differential
pay (excludes straight time) based
on 70 hrs./month @ $20/hr. x 12 mos.
Hazard Pay:
Hazard pay for aerial observers and
rappellers during missions based on
15 missions @ $285/mission 4,275
Sub -total . . . . . . . . . . . . . . . . . . . . . .
Employee Benefits @
TOTAL SALARIES AND WAGES
B. CONSULTANTS (Itemize)
TOTAL CONSULTANTS . .
C. TRANSPORTATION AND SUBSISTENCE (Itemize)
Air fare: $3,552
$98 inter -island x 2/mo x 12 mos.
$600 out-of-state x 2/yr.
Per Diem: 7,060
72 days inter -island @ $80/day
10 days out-of-state @ $130/day
Ground Transportation: 1,500
15 rentals @ ave 2days per vehicle @ $50/day
AG/CPJAD #2 05/96
$ 65,613
S
$ 65, 613
$ 0
STATEWIDE MARIJUANA ERADICATION TASK FORCE
BUDGET DETAIL AND EXPLANATION
PAGE 2
COST ELEMENT
TOTAL TRANSPORTATION AND SUBSISTENCE
AMOUNT
D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
Office Supplies and Equipment $ 500
TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. . . . . . . . . . $ 500
E. OTHER COSTS (Specify)
Aircraft Rental: $ 92,500
Rental of civilian helicopters for aerial
surveillance and marijuana eradication
operations based on 6 hrs. a day missions
@ $650.00 per hour.
Training: 500
Expense for tuition and registration fees
to attend workshops seminars, and conferences
Equipment: 2,500
Rappel and field equipment
Miscellaneous Supplies: 3,427
Equipment Maintenance: 1,000
TOTAL OTHER COSTS . . . . . . . . . . . . . . . . . . . . $ 99,927 $
TOTAL PROJECT COSTS . . . . . $ 178,152
AG/CPJAD #2 05/96
STATEWIDE MARIJUANA ERADICATION TASK FORCE
BUDGET DETAIL AND EXPLANATION
PAGE 3
BUDGET EXPLANATION
A. SALARIES AND WAGES
25% Match: Hawaii County Police Department will provide the 25% matching funds by
using actual time spent managing and investigating marijuana -related operations.
Overtime and Night Differential: To compensate officers and civilian staff for working
overtime while conducted Statewide Marijuana Eradication Task Force operations and
investigations.
Hazard P : Hazard duty pay based on 25% of the minimum rate of the salary range for
aerial observers and helicopter rappellers as required.
IC "'.1 Co ► a ►11 �:
Inter -island and Out-of-state Travel: Travel allocation includes airfare, per diem, and
ground transportation to take part in Statewide Marijuana Eradication Task Force
missions and operations, including other task force members throughout the state; to
attend task force meetings and other training within and out-of-state.
C. SUPPLIES. POSTAGE PRINTING. ETC
Office Supplies and Equipment: Miscellaneous office supplies and equipment that are
required to complete the administrative and investigative requirements.
Postage/Freight: To pay for the shipment of evidence for advanced processing and for the
mailing of correspondence and/or equipment related to the project.
Printing: To print necessary identification signs used during operations.
D. OTHER COSTS
Aircraft Rental: Rental of civilian helicopters for aerial surveillance and marijuana
eradication operations, based on $650.00 an hour.
AG/CPJAD 92 05/96
STATEWIDE MARIJUANA ERADICATION TASK FORCE
BUDGET DETAIL AND EXPLANATION
PAGE 4
Training: For tuition and registration expenses to attend a variety of
workshops, seminars and conferences which will further develop the
investigator's knowledge and techniques in marijuana related
investigations and operations.
Equipment: The purchase of rappel and field equipment to support
personnel in the field.
Miscellaneous Supplies: The purchase of supplies that are required
for the investigative requirements of the project such as food and
meals to support personnel during eradication missions.
Equipment Maintenance: To cover the cost of repairing and maintaining
the fax machines, copier machine, computers, surveillance and
communication equipment, to include county vehicles used for marijuana
operations.
AG/CPJAD #2 05/96
PART IV. ATTACHMENTS
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
• 410101U• •
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of
Hawaii's Drug Control and System Improvement Formula Grant Program
established under Title VI, Subtitle C, Part E, Subpart 1, of the Anti -
Drug Abuse Act of 1988 (Public Law 100-690).
2. Any grant awarded pursuant to this application shall be subject to and
will be administered in conformity with:
(a) general conditions applicable to administration of grants under
Title VI, Subtitle C, Part E, Subpart 1, of the Anti -Drug Abuse Act
of 1988 (Public Law 100-690), as amended, as applicable;
(b) conditions applicable to the fiscal administration of grants under
Title VI, Subtitle C, Part E, Subpart 1, of the Anti -Drug Abuse Act
of 1988 (Public Law 100-690), as amended, as applicable;
(c) any special conditions contained in the grant award; and
(d) 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:
ACTING
Name: LAWRENCE K. MAHUNA .Title: POLICE CHIEF
Agency:
HAWAII POLICE DEPARTMENT
AG/CPJAD 014 01/96
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.
SUBMITTED BY:
Signature: �� Date:
ACTING
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD 03 01/96
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, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II
of the Americans with Disabilities Act (ADA) of 1990; Title IX of the
Education Amendments of 1972; the Age Discrimination Act of 1975; the
Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts
C, D, E, and G; and the Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and Part 39. 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 partwith funds made available under this
title from the U. S. Department of Justice through the Department of the
Attorney General, Crime Prevention tnd Justice Assistance Division. The
applicant agency also certifies that, if required to formulate an Equal
Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et.
sea., it will maintain a current one on file. Noncompliance with the
discrimination regulations may result in the suspension or termination of
funding.
SUBMITTED BY:
Signature: J�-Cy i �l `�— - Date: his 59
ACTING
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #15 01/96
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
�i _ • i i • • i �i • � • � �Y��
I HAWAII POLICE DEPARTMENT (hereinafter
referred to as "grantee") certifies that it will provide a drug-free
workplace by:
(a) publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) establishing a drug-free awareness program to inform employees
about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required
by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee
will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction
for a violation occurring in the workplace not later than
five (5) days after such conviction;
(e) notifying the Department of the Attorney General, State of Hawaii,
within ten (10) days after receiving notice under subparagraph (d)
(2) from an employee or otherwise receiving actual notice of such
conviction;
AG/CPJAD 416 01/96
(f) taking one of the following actions with respect to any employee
who is so convicted:
(1) taking appropriate personnel action against such an employee,
up to and including termination; or
(2) requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d),
(e), and (f).
II. The grantee shall insert in the space provided below the site(s) for the
performance of work done in connection with this specific grant:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMITTED BY:
Signature: Date:
ACTING
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #16 01/96
CERTIFICATION
Grant Title: Statewide Marijuana Eradication Task Force
Grantee Name: Hawaii Police Department
Address: 349 Kapiolani Street Contact Persons TOL 4' (808)961-2253
Hilo, Hawaii 96720 Lt. Henry J. Tavares, Jr.
Grant Number: 99 -DB -6 Award Amount: $133,614.00
Date and effective duration of EEOP: February 23, 1993 (no expiration date)
Policy Statement: See attached.
CERTIFICATION (ESOP ON FILE)
Certification Statement:
1 LAWRENCE K. HAHUNA (agency executive officer], certify that the
HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII (agency] has
formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, S1 sea..
subpart E, that it has been signed into effect by the proper agency authority and disseminated to
all employees, and that it is on file in the Office of WAYNE G. CARVALHO (name],
349 Kapiolani Street Hilo Hawaii 96720
[address],
[title], for review or audit by officials of the cognizant
State planning agency or the Office for Civil Rights, Office of Justice Programs as required by
pmkv—anrTa-and regulations.
ACTING
POLICE CHIEF
J-- -i3 jq
[signature] 'LAWRENCE K. MAHUNA [titre] [date]
CERTIFICATION (NO EEOP REQUIRED)
I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES
AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 28 CFR
42.301, F: M.
[signature]
Expiration Date: 12/31/98
Revised 2%22/96
[title]
[date]
I
1! T. Wla"e «N
The Affirmative Action Plan of the County of Hawaii is
avaiianle for review at the Mayor's office, Department of Civil
Service, Rona Services Center, and public libraries.
--A:EMENT OF POLICY
it is the policy o= the County of Hawaii to take positive and
continuing actian to promote equal opportunity in its____
empioy=ent ant contract programs and in its activities and
Equal employment c-Hporr_nities extend to all persons,
recerd:esz of race, sex, age, religion, color, national oricin,
handicap, marital status, or arrest and court record. it is
the intent of this policy to:
1. Assure equal trParmwnt in recruirment and evaluation
of an individual's ability, knowledge, skills, and
2. Ensure ncn-discr:aination in all personnel acticns,
including zur. non 11,21;ed to recrUlt-ent, selec- ior.,
assignment, compensation, transfer, lavotf, and
c.a:mrnar- ri
3. Ensure that opportunities for career advancement are
Zased on opjective stanoarCs and criteria valicly
re.arrd ro oerforaance and that rhe criteria he
apcliod ransisr.ertly.
4. Prcviae that the condir.:ons and Benefits of work are
available equally and allocated on t:* basis of
esta--lisnac criteria and without eiscrzminacion.
The pnlic7 of equal opportunity shall be atmlied in accorcan=e
wits eceral, state, and local laws relating to equal
employment oppor_ur.it_.r �:d affir-ys.
alive action, merit sste
rules and tegaations, =ro:•isions of collective bargaining lav
and contrac=s, and other !;indirc ?ederal and state requ:rer:en=s.
® DEPARTMENT OF JUSTICZ
OFFIFFI CE OF JUiT1C! PROGRAMS
OFFICL OF TME 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, 26 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages IIQIW19211�
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSID
(1) The prospective lower tier participant certifies, by submission of this proposak that neither It nor its
principals aro presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily
excluded from participation In this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant Is unable to codify to any of the statements In this certtfl-
cation, such prospective participant shall attach an explanation to this proposal.
ACTING
LAWRENCE K. KAHUNA, POLICE CHIEF
Name and f Authorized Representative
Signature
HAWAII POLICE DEPARTMENT
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
Address of 1
Date
Each person shall file the most current edition of this
certification and disclosure form, if applicable, with each
submission that initiates agency consideration of such person for
an award of a Federal contract, grant, or cooperative agreement of
$100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the taking
of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any non -Federal funds have been paid or will be paid to any
person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with thil Federal contract, grant,
loan, or cooperative agreement, the undersigned shall initial
here and complete and submit Standard Form 0 LLL,
"Disclosure of Lobbying Activities", in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers and that--all,,subrecipients shall
certify and disclose according
Hawaii Police Department
349 Kapiolani Street, Hilo, Hawaii 96720 ACTING
LAWRENCE- K. I.IAHUNA� . POLICE CHIEF
Name and Address of Organization Name o! Authorized Individual
Signature and date
99 -DB -6
Application No.
Rev. 1/90
Bureau of Justice Assistance
Name of OJP Agency