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COM 0228.030 2020-2022
�Mtv,®F k�da Mitchell D.Roth Paul K.Ferreira Police Chief Mayor Kenneth Bugado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 DATE: November 23, 2021 , TO: MAILE DAVID, COUNCIL CHAIRWOMAN AND ¢. 4 COUNCIL MEMBERS VIA: KAY OSHIRO, CONTROLLER FROM: PA K. FERREI6611LICE, CHIEF -. .v RE: NOTIFICATION OF GRANT AWARD k __ COMPLIANCE WITH ORDINANCE NO. 21-38, SECTION 7(1) Name of Grant Program: Paul Coverdell Forensic Science Improvement Grant Grantor: Department of the Attorney General, 1 State of Hawaii County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 20-CD-01 Amount of Grant: $78,000.00 Amount of County Match: None County Revenue & Expenditure Account Numbers: 010.201.5216.47:3308.95 Grant Period (Commencement &Completion): July 1, 2021 to June 30, 2022 Purpose of Grant: To provide technical training &equipment for digital evidence for investigations Is final report required by grantor? Yes ❑ No j Notification attached: Yes ❑ No, because i Comm. No. Ref. To: "Hawai'i County is an Equal Opportunity Provider and Employer" Ref. Date FEB 7 ��?7 i a DAVID Y.IGE e` ;'e o®® REE CONNORS GOVERNOR ATTORNEY oENERAL 1 gg NO Y T.SHIKAOA T4ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION 235 S.BERETAMA STREET,SUITE 401 HONOLULU,HAWAII 88813 {808)586-1150 ag.hawad.govdcpja November 18,2021 The Honorable Paul K. Ferreira Chief of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Ferreira: I Enclosed please find the fully executed agreement for the following project: Project Number: 20-CD-01 Project Title: Digital Evidence Training and Equipment Project Period: July 1,2021 to June 30, 2022 Project Amount: $ 78,000 (Federal Funds) You may begin to request funds for your project by submitting a completed Request for Funds and Cash Balance Report(RFF) to our office. If you have any questions or concerns regarding the agreement, please contact Jayna Reynon,Criminal Justice Planning Specialist,at 808-586-1164 orjayna.a.reynon@hawaii.gov. We look forward to the implementation of this project. Sincerely, Julie Ebato Administrator JE/JR Enclosure c: CPJAD Fiscal Office AGREEMENT by and between the DEPARTMENT OF THE ATTORNEY GENERAL and the HAWAII POLICE DEPARTMENT Relating to Project N . 20-CD-01 This Agreement ("Agreement") is effective as of July 1. 2021 ("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 Kapiolani Street, Hilo, Hawaii 96720 ("Grantee") (collectively, "the Parties"). RECITALS WHEREAS, Public Law 106-561, the Paul Coverdell National Forensic Sciences Improvement Act, as amended (hereinafter "Act"), authorizes funding to improve the quality, timeliness,and credibility of forensic science services for criminal justice purposes; WHEREAS, the Governor has designated the Agency to serve as Hawaii's State Administering Agency for administering the federal financial assistance under the Act; WHEREAS, Agency applied for Paul Coverdell Forensic Science Improvement Grants Program—Formula(Coverdell) Funds in the form of a Coverdell award; WHEREAS, on or about October 22, 2020, the Bureau of Justice Assistance ("BJA"), which is a component of the Office of Justice Programs ("OJP"), U.S. Department of Justice, awarded Agency$264,698 in Coverdell Funds,Award No. 2020-CD-BX-0005 ("Award"); WHEREAS, Grantee is qualified to receive funds available to State under the Act and its respective implementing regulations, contained in the Coverdell 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 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. (Coverdell FY 2020(County)Rev.04/2021) I I I AGREEMENT i I 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: j I 1. SCOPE OF SERVICES i I 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 11 and III of Exhibit"A,"attached hereto and incorporated by reference herein. j 2. PROJECT PERIOD j Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part I of Exhibit"A." I 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. i 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 j this Agreement in an amount not-to-exceed seventy-eight thousand and 00/100 dollars 1 ($78,000.00) (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 I 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 j 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. i (c) In seeking reimbursement under this Agreement, Grantee shall submit to Agency: I 2 (Coverdell FY 2020(County)Rev.04/2021) 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 is'through March 31" calendar quarter, the PEO is due April 15'h; (B) For the April Is' through June 30'h calendar quarter, the PEO is due July 15'h; (C) For the July Is' through September 30'h calendar quarter, the PEO is due October I 51h; and (D) For the October V" through December 31" calendar quarter, the PEO is due January 15'h. 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. (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. 3 (Coverdell FY 2020(County)Rev.04/2021) (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. (j) 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 beim;withheld. S. CERTIFICATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto as Exhibit "B" 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 i 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 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. 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, 4 (Coverdell FY 2020(County)Rev.0412021) 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 Coverdell funds to Agency as required by the Acceptance of Coverdell 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. 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 5 (Coverdell FY 2020(County)Rev.04/2021) 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 I 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. 1 . 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 council/or city council, as the case may be. The provisions of this section shall survive the expiration or termination of this Agreement. 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. 6 (Coverdell FY 2020(County)Rev.04/2021) 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 filing. 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 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. (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. 7 (Covcrdell FY 2020(County)Rev.04/2021) i II i (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. 1 . 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. I 1 17. DISPUTES Any dispute arising under this Agreement which is not disposed of by mutual agreement of the Parties 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 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. j 18. 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 court of competent jurisdiction in Honolulu, Hawaii. 19. SEVERABILITY Should any provision of this Agreement 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 Agreement. 20. 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. 8 (Coverdell FY 2020(County)Rev.0412021) 21. AUTHORITY TO ENTER INTO AGREEMENT Each Party represents and warrants to the other that it is duly authorized to enter into this Agreement and to fully perform its obligations hereunder. 22. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. "Agency" DEPARTMENT OF THE ATTORNEY GENERAL tRV D AS TO FORM: STATE OF HAWAII AP .:A- ee, - Deputy Attome eneral By: Hdy T. fShikada Its: First Deputy Attorney General Date: //-/-C-—7-eW "Grantee" HAWAII POLICE DEPARTMENT By: Paul K. Ferreira Its: Chief of Pol U C T I �h Date. 21 9 (Coverdell FY 2020(County)Rev.04/2021) COUNTY OF HA H. -MITCHELL D.. OTH DATE MAYOR I PROVED AS TO FORM LE LITY: DEPUTY N8 COUNTY OF pace: © 2 i ° i To ee No , -Io --ct-at I I 8 OT ?A Cj3VOqqqA ..._,,....�__ a�51tJv7y•j+�iTtiF1{3''s5$t3:?1�t5�i_sC CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL APPLICATION FOR GRANT FY 2020 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS POG -FORMULA PART I. TITLE PAGE 3 A. PROJECT TITLE: Digital Evidence Training and Equipment B. APPLICANTAGENCY: Hawaii Police Department Crime Lab SYSTEM FOR AWARD MANAGEMENT(SAM) C. REGISTRATION: ® Yes ❑ No DUNS No. 613154335 Zip+4 D. ADDRESS: 349 Kapiolani Street City Hilo digits 96720-3998 i E. PROJECT PERIOD: From July 1 2021 To June 30,2022 F. GRANT PURPOSE: ADDRESS EMERGING FORENSIC ISSUES AND TECHNOLOGY G. ACCREDITATION: Yes ®:Attach No❑: Date applying for accreditation: H. TOTAL PROJECT AMOUNT: S 78,000 1. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding?Yes ❑ No ® If yes,then provide name of source or grant program and the amount of funds that is being sought: Source Amount S J. PROJECT DIRECTOR Name: Mary S.Midkiff Title: Evidence Specialist II Address: 74-611 Hale Makai Place Kailua-Kona,Hawaii 96740 Telephone: 808-3264646 ext.338 E-Mail: mary.midkiff(a�hawaiicounty.gov E K. FINANCIAL OFFICER Name: Kelsie K.K.Kailiuli Title: Accountant III Address: 349 Kapiolani Street Hilo,Hawaii 96720 Telephone: 808-961-2274 E-Mail: Kelsie.K.K.KailiuliPhawaiicounty.gov FOR CHAD USE Dote received: April 13,2021 Project Number: 20-CD-01 EXHIBIT A APPLICATION FOR GRANT FV 2020 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM- FORMULA PART 11. PROGRAM NARRATIVE A. ABSTRACT(250 words) The field of digital forensics is rapidly expanding and the Hawaii Police Department (HPD) faces challenges in collecting and analyzing digital evidence amidst technological changes. With limited staff and tools, HPD needs training, software, and equipment for processing digital evidence recovered from different types of criminal cases. The purpose of this proposal is to provide technical training and equipment to apply the latest technology for digital evidence extraction and analysis across the Criminal Investigations Division. HPD will strengthen digital forensic services by acquiring specialized training and equipment from industry leaders to perform their own digital analysis and defend this evidence in court. Utilizing digital evidence technology, HPD will apply this service to juvenile and sex- related crimes, drug trafficking, and a host of other criminal investigations. Having skilled personnel and equipment will provide timely intelligence for the Criminal Investigations Division and reduce the need to send devices to outside agencies that is both time consuming and expensive. Outcomes of this project include increasing the technical capabilities of staff, and improving the quality and timeliness of digital evidence recovery. Using data to place victims or suspects at or near a crime scene, analyzing text messages and email, capturing photos, and gathering information from address books and social media will provide investigators and prosecutors sources of information that were previously unavailable. This project benefits the AGICHADM(b) (Rev 4/20x0) entire department and community by being able to analyze digital evidence quickly and to defend this evidence in court with a higher level of professional competency and success. B. THE PROBLEM Digital devices are everywhere in our society and digital evidence is increasingly important in the investigation and prosecution of many different types of crimes. Devices often contain videos, pictures, text messages and eails about the planning and execution of crimes, the movement of victims and suspects and contacts of criminal associates. Major advances in information technology have made the collection and analysis of digital evidence an increasingly important tool for solving crimes. New technology greatly aids in placing people and events within time, place, and context to establish causality for criminal incidents. For the Hawaii Police Department (HPD), the recovery of digital devices during investigations is common and the department needs computer equipment,and software programs available to keep pace with the amount of recovered digital devices and specialized training to extract and analyze the data from a variety of mobile devices such as phones, laptops and desktop computers. Being able to quickly capture digital data in the form of call logs, text messages, emails, pictures, map locations, and social media posts is critical in providing information about victims and suspects for different types of on-going investigations. Currently, digital devices need to be sent to other agencies for digital analysis which can be costly and time consuming. It can take months before relevant information from a single device is sent back causing long delays for investigations and prosecution. To address emerging forensic issues and technology HPD wants to expand its digital forensic services with up-to-date training, hardware, and software programs needed to keep up with changing technology and is stated as a department goal within the Statewide Forensic Science Strategic Plan. To address ACICPJAn#1(b) (Rev 412020 digital evidence specialization, HPD has identified staff to train in digital evidence recovery and analysis because this requires specialized knowledge and the time to sift through large volumes of data that can be time consuming when investigators have competing priorities. This project will address the immediate need to strengthen digital forensics within the Hawaii Police Department to improve the quality and timeliness of digital evidence processing and address emerging digital forensic technology and legal issues. Having trained staff to extract and analyze digital evidence can provide intelligence for crimes such as assaults, missing persons, drug trafficking, human trafficking, financial crimes and homicide investigations. Specialized training with software and equipment will give HPD staff the skills to download information from devices, access applications and websites to assist in a variety of criminal investigations. Training will also provide a legal framework for the performance and authentication of digital evidence recovery and presenting findings in understandable ways for investigations and court presentations. Finally, this project will be an improvement over current operations by eliminating the need for sending digital evidence to outside agencies that can be time consuming and expensive. C. GOALS AND OBJECTIVES GOAL 1: To provide digital evidence training for the extraction and analysis of data from electronic devices such as smartphones, notebooks, laptops, and desktop computers. OBJECTIVE 1: To provide on-line training for two (2) HPD employees to become proficient in digital evidence extraction and analysis by the end of the grant period. OBJECTIVE 2: For two (2) HPD employees to extract and analyze data from electronic devices and generate reports for investigations and court purposes by the end of the grant period. OBJECTIVE 3: To understand and apply Best Practices for seizing electronic evidence. AG/rPJAD MI(b) (Rev 4/2020) i i i i GOAL 2: To create the ability for the Hawaii Police Department to perform data extraction and analysis of data from electronic devices such as smartphones, notebooks, laptops, i i and desktop computers. OBJECTIVE I:To successfully purchase and implement digital equipment,computers,and software programs for casework by the end of the grant period. OBJECTIVE 2:To be able to successfully provide court testimony about digital evidence extraction and analysis by the end of the grant period. OBJECTIVE 3: To reduce the number of electronic devices sent to outside agencies by the end of the grant period by purchasing software and equipment for processing digital evidence. i D. PROJECT ACTIVITIES This project addresses the emerging forensic science of digital technology aiming to strengthen the Hawaii Police Department's capacity to recover, extract, and analyze digital evidence by increasing the technical competency of staff and purchasing hardware and software programs. Being able to capture relevant data from electronic devices and produce reports for a variety of investigations will assist prosecutors in building stronger, evidence-based cases. Grant funds will be used to provide computer training, purchase specialized equipment and software programs to acquire,organize,and analyze data for a broad range of investigations. Strategy: This project intends to build upon the digital evidence curriculum from the Digital Evidence Investigations class taught by the National Computer Forensics Institute (NCFI) United States Secret Service. Members of HPD have received training with certificates of completion and DATAPILOT equipment through the Digital Evidence Investigations class. Now this project AcrcraAn a((b) (Rev 412020) aims to build upon these newly acquired skills by purchasing hardware that can pull data from a variety of electronic devices, then analyze and report this data using specialized software programs. Training and Technical Assistance: On-line training will consist of learning tools and strategies for the search and seizure of electronic devices, basic process of obtaining data from mobile devices, operating systems, and data capturing using specialized forensic tools and software applications. In addition, training will address specialized skills such as the validity of information obtained from devices and narrowing data collection from devices to meet investigative needs while still maintaining privacy. Vendor(s) will provide, a camera, computer hardware, and device specific training for data extraction. The software training component will focus on how to seize and acquire digital media and then analyze digital evidence to preserve the probative value of that evidence. Equipment• Equipment to be purchased will consist of a digital camera, mobile and/or desktops forensic work stations designated specifically for digital investigations, data extraction, analysis, and storage. Equipment will readily download data from electronic devices and import this data easily into the forensic software programs. Software analytics programs will consist of easy-to- use platforms enabling investigators to search through data files and pin-point specific information relevant to an investigation such as call logs, text messages, emails, pictures, map locations, and social media posts. The software programs will allow investigators to organize large amounts of data quickly, conduct advanced searches, and selectively view data to generate customized reports. Impact: AG/CPJAD#I(b) (Rev 412020) I This project will be a technological improvement over current operations by having specialized staff to collect, analyze and utilize digital evidence for investigations in a timely manner and i present this evidence in court to build stronger cases. Digital investigators will be able to reconstruct and analyze digital information to aid in investigations and solve computer related t crimes. I Schedule and Timeline: I Training: j I 1. Identify on-line training classes for digital evidence recovery from vendors by the first quarter (July—September 2021) 2. Obtain training course descriptions, schedules, software and equipment requirements by the first quarter(July—September 202 1) 3. Select individuals for digital evidence training by the second quarter (October — December 2021) 4. Obtain financial quotes for training classes by the third quarter(January—March 2022) 5. Select,enroll,and attend digital evidence training by the fourth quarter(April—June 2022 Software and Equipment: 6. Identify digital forensic equipment and software vendors by the first quarter(July—September 2021) 7. Identify digital forensic equipment and software requirements with HPD IT department by the first quarter(July—September 2021) 8. Conduct digital forensic equipment and software demonstrations by the second quarter (October—December 202 1) AG/CPJAD NI(b) (Rev 412020) 9. Obtain financial quotes for digital forensic equipment and software by the third quarter (January—March 2022) 10. Identify digital forensic equipment and software specifications for financial procurement procedures by the fourth quarter(April—June 2022) 11. Conduct financial procurement process by the fourth quarter(April—June 2022) 12. Purchase digital forensic equipment and software by the fourth quarter(April -June 2022) 13. Receive, inventory and deliver digital forensic equipment and software to designated trained employees in HPD Areas I and 11 by the fourth quarter(April—June 2022). E. PERSONNEL Project Director. Evidence Specialist 11 Mary S. Midkiff, will be responsible for maintaining a hardcopy and electronic grant file folder documenting correspondence, contracts, financial and progress reports, and other activities relevant to this grant. An excel worksheet will be created to document project assessments, quarterly performance measures and semi-annual progress reports. A final project report will be completed and submitted by the Project Director along with any other applicable reports and materials. Monthly requests for funds and project expenditure financial reports will be completed and submitted by the Financial Officer. Project Director: Mary S. Midkiff, Evidence Specialist Il Employed by HPD in 2017, grant work experience from 2000-2008 with previous employers and responsible for project activities, progress reports, and performance measures. The Project Director will be assisted by Lieutenant Edwin Buyten. Lt Buyten has been employed with HPD since 2002 and is the current Area 11 Criminal Investigation Section commander and is AG/CPJAD#I(b) (Rev 4/2020) s i 3 +4 f I responsible for managing investigations directly related to this grant proposal. Financial Officer: Kelsie K.K. Kailiuli,Accountant III Employed by HPD in 2019. financial grant work experience from 2016 with previous employer and responsible for grant financial records and reports. F. CAPABILITIES AND COMPETENCIES HPD Crime Lab is an ANAB accredited lab for the following scope of activities: Drug Analysis Latent Print Development Serial Number Restoration Test Fire of Firearms for Operability Other Crime Lab services that are not included in the accreditation scope include: Crime Scene Processing G. PERFORMANCE MEASURES GOAL 1: To provide digital evidence training for the extraction and analysis of data from electronic devices such as smartphones,notebooks, laptops,and desktop computers. OBJECTIVE 1:To provide training for two (2) IIPD employees to become proficient in digital evidence extraction and analysis by the end of the grant period. Performance Measures: 1. Number of participants enrolled in Digital Evidence training 2. Type of training reccivedldatesllocationitrainer ACICPJAD til(b) (Rev 412020) 3.Number of course hours of training received OBJECTIVE 2: For two(2)HPD personnel to extract and analyze data from electronic devices and generate reports for investigations and court purposes by the end of the grant period. Performance Measures: 1. Develop a monthly digital case statistic form for each device analyzed 2. Develop a digital evidence report template for HPD 3. Develop a checklist in conjunction the Hawaii County Prosecutor's Office for routing digital evidence and data derived from digital forensic analysis. OBJECTIVE 3: To understand and apply Best Practices for seizing electronic evidence Performance Measures: 1. Develop an HPD Procedures Manual for digital evidence seizure,recovery and analysis GOAL 2: To create the ability for the Hawaii Police Department to perform data extraction and analysis of data from electronic devices such as smartphones,notebooks,laptops, and desktop computers. OBJECTIVE 4: To successfully purchase and install forensic digital equipment and computer software programs for casework by the end of the grant period. Performance Measures: 1.Number and Type of hardware purchased for digital evidence extraction and storage 2. Number and Type of software programs purchased for digital evidence analysis and reporting AG/CPJAD#1(b) (Rev 4/2020) a 3 H. PLAN FOR COLLECTING THE DATA FOR PERFORMANCE MEASURES I I OBJECTIVE l: To provide training for two (2) HPD employees to become proficient in digital evidence extraction and analysis by the end of the grant period. i Plans to address Obiective 1: Number of participants enrolled in Digital Evidence training Collected through enrollment and course registrations forms and receipts 3 3 0 Number of course hours of training received Type of training received/dates/location/trainer Collected through training agenda programs with course content j Collected through certificates of completion 3 3 U Knowledge based assessments(where applicable) OBJECTIVE 2: For two (2) HPD personnel to extract and analyze data from electronic devices and generate reports for investigations and court purposes by the end of the grant period. I I Plans to address Objective 2 l Collected by monthly case statistic forms for each HPD personnel I n Create a digital evidence report template for HPD i Develop a checklist in conjunction the Hawaii County Prosecutor's Office for routing digital evidence and data derived from digital forensic analysis. i I OBJECTIVE 3: To understand and apply Best Practices for seizing electronic evidence Plans to address Objective 3 I �i ,11 Creating an HPD Procedures Manual for digital evidence recovery,extraction,and analysis. I I i 3 3 AGJCPJAQ#1(b) (Rev 4/2020) i 'I OBJECTIVE 4: To successfully purchase and install forensic digital equipment and computer software programs for casework by the end of the grant period. Plans to address Objective 4 Number and Type of hardware purchased for digital evidence extraction and storage -- Collected through hardware specifications in a Request for Proposals Li Collected through receipts and warranties with equipment purchase Number and Type of software programs purchased for digital evidence analysis and reporting L-1 Collected through software specifications in a Request for Proposals Collected through purchase agreements and licenses with software title and version AG/CPADMI(b) (Rev 4/2020) I i APPLICATION FOR Gj FY 2020 L COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA i PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A.Salaries and Wages No.of Position Title Positions Monthly rate Subtotal $ $ $ $ a No.of No.of Position Title Positions Hourly Rate Hours Subtotal $ $ $ $ j $ $ I Total Salaries and Wa es $0 I B. Fringe Benefits Employee Benefits % No.of Position Title Positions Monthly Rate Subtotal No.of No.of Position Title Positions Hourly Rate Hours Subtotal $ $ $ $ Total Fringe Benefits $0 C. Consultant Services/Contracts Length of Consultant/ Scope of Consultant Estimated Contract Service/Contract Cost Service Select as Appropriate $ ❑Consultant ❑Contract $ ❑Consultant ❑Contract Itemize for mainland/interisland airfare, No.of No.of ground transportation,rental Travelers as Days car,per diem Unit Cost applicable Subtotal $ $ $ 1 $ Total Consultants/Contracts $0 AG/CPJAD#t(b) (Rev 4/2020) COST ELEMENT AMOUNT D. Transportation and Subsistence No.of Itemize for mainland/interisland Travelers No,of airfare,ground transportation, as Days rental car,per them Unit Cost applicable Subtotal $ $ $ Total Transportation and Subsistence $o E.Supplies Itemize supplies and related costs Cost by Unit such as printing,paper,binders, etc. Quantity Subtotal $ $ $ $ Total Supplies $0 F. Equipment Specify equipment that will be purchased,leased,or rented. Quantity Cost by Unit Subtotal Soffivare license 3 $12000 $36000 Software license 3 $2000 $6000 Computer Workstations $12800 $25600 2 Digital camera 1 $400 $400 Total Equipment $68000 G.Other Costs Quantity Cost by Unit Subtotal Online Training 1 $5000 $10000 $ $ $ $ Total Other Costs $10000 H.Indirect Costs Base Rate Subtotal $ $ $ $ Total Indirect Costs $0 AG/CPJAD#1(b) (Rev 4/2020) TOTAL PROJECT COSTS 78000 AG/CPJAD#1(b) (Rev 4/2020) BUDGET EXPLANATION: A. Salaries and Wages 0 B. Fringe Benefits The composite hinge benefit rate is at 0%for 0(list positions). The rate consists of the following fringe benefit items and computed rates: 0 C. Consultant Services/Contracts 0 D. Transportation and Subsistence 0 E. Supplies 0 F. Equipment Digital Evidence recovery vendors will be sought to provide the latest and most updated software and equipment recognized by law enforcement to provide forensic data recovery and customized reports. Software License Purchase for Digital Evidence Extraction=$12,000 x 3 licenses=$36,000 Software License Purchase for Digital Evidence Analytics=$2,000 x 3 licenses=$6,000 Subtotal for Software Licenses Purchases=$42,000 (2) Computer Forensic Workstations for Digital Evidence Extraction and Analysis: Computer Forensic Workstation=$12.800 per computer x 2 computers= $25,600 (1)Forensic Digital Camera for Video and Photographs: Forensic Digital Camera= $400 per camera x 1 camera= $400 Subtotal for(2) Forensic Workstations and (1)Forensic Digital Camera =$26.000 ( ) Software Licenses Purchases$42.000 + (2)Computer Workstations $25,600+(1) Digital Camera$400=$68,000 Total: $68,000 G. Other Costs Digital Evidence recovery vendors will be sought to provide the latest and most updated training for software and equipment recognized by law enforcement to provide forensic data recovery and customized reports. Online Digital Evidence Training using identified software platforms=$5,000 per person x 2 = $10,000 Total =$10,000 H. Indirect Costs 0 Certifications • Acceptance of Conditions(AG/CPJAD#14) • Acceptance of Coverdell Special Conditions(AG/CPJAD #26) • Certification of Non-Supplanting(AG/CPJAD#3) • Certification of Non-Discrimination(AG/CPJAD#15) • Certification Form—Compliance with the Equal Employment Opportunity Plan Requirements(OMB Control No. 1121-0340) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient)(OJP Form 4061/1) • Certification of Non-Discrimination Complaint Procedures(AG/CPJAD #30) EXHIBIT B (Coverdell FY 2020(County) Rev.04/2021) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division i ACCEPTANCE OF CONDITIONS The undersigned agrees,on behalf of the applicant agency,that: i I. This project,upon approval,shall constitute an official part of the Paul Coverdell Forensic Sciences G Improvement Grants("Coverdell grants")under part BB of Title I of the Omnibus Crime Control and j : 3 Safe Streets Act of 1968(42 U.S.C. Sec. 3797). a 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 Vl, Subtitle C,Part E, a 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� OCT 12021 Signature: --- Date: Name: Paul K. Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#14 Coverdell 01/2017 DEPARTMENT OFT ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM 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 AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/202 1) 1 i i i I i i i outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations, or reviews of CPJAD awards. . Reporting Requirements and Performance Metrics Grantee shall comply with all reporting, data collection and evaluation requirements, as prescribed by law and entailed by the NIJ in program guidance for the Coverdell program. Grantee shall also complete and submit both semi-annual progress reports and final reports. Semi-Annual Progress Reports Grantee must utilize and complete the Progress Report Format Form,AG/CPJAD #20 (Coverdell),every six months following the calendar year. The progress reports are to cover activities that the Grantee has completed and must include data on the following Coverdell identified performance measures, as applicable: Goal/Objective Performance Measures Data Grantee Provides To improve the quality and Outcome Measure Average number of days to timeliness of forensic services and 1. Percent reduction in the average process a sample at the to reduce the number of backlogged number of days from beginning of the grant period. cases in forensic laboratories. submission of a sample to a forensic science laboratory to Average number of days to the delivery of test results to a process a sample at the end of requesting agency. the grant period. 2. Percent reduction in the number Number of backlogged cases at of backlogged forensic cases. the beginning of the grant period. Output Measure The number of forensic science or Number of backlogged cases at medical examiner personnel who the end of the grant period. t completed appropriate training or educational opportunities with Number of forensic science Coverdell funds(if applicable to personnel attending training. 1 the grant) Number of medical examiner personnel attending training programs. The semi-annual reporting periods and due dates are: January I through June 30 Due: July 15 July l through December 31 Due: January 15 AG/CPJAD#26 FY 2020 Coverdell special Conditions(revised 04/2021) 2 Final Report Grantee agrees to submit a final report, at the end of this award, documenting all relevant project activities during the entire period of support under this award. This report will include the following: (1) a summary and assessment of the program carried out with the award, which shall include a comparison of pre-grant and post-grant forensic science capabilities(and shall cite the specific improvements in quality and/or timeliness of forensic science or medical examiner services); (2) the average number of days between submission of a sample to a forensic science laboratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency; and (3)an identification of the number and type of cases currently accepted by the forensic science laboratory or forensic science laboratory system. Grantee is required to collect data necessary for this report.This report is due no later than 30 days following the close of the award period or the expiration of any extension periods. Grantee shall submit the following information as part of its final report: (1)the number and nature of any allegations of serious negligence or misconduct substantially affecting the integrity of forensic results received during the 12-month period of the award; (2) information on the referrals of such allegations(e.g.,the government entity or entities to which referred, the date of referral); (3)the outcome of such referrals(if known as of the date of the report); and (4) if any such allegations were not referred, the reason(s) for the non-referral. Should the project period for this award be extended,the Grantee shall submit the above information as to the first twelve months of the award as part of the first semi-annual progress report that comes due after the conclusion of the first twelve months of the project period, and shall submit the required information as to subsequent twelve-month periods every twelve months thereafter(as part of a semi-annual progress report) until the close of the award period, at which point the Grantee shall submit the required information as to any period not covered by prior reports as part of its final report. Grantee understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. 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. AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 3 t C { t 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•!/ww,.v.ecfr.c*ov/cgi-bin/ECFR'?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current"data. 28 C.F.R. Part 42 I 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." 5. "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 AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 4 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, 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 OIG webpage at https://oig.jus!igLeMv/hotlinc/contact-grants.htm (select"Submit Report Online"),or by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division ATTN: Grantee Reporting 950 Pennsylvania Avenue,NW Washington, DC 20530-0001 Hotline fax: (202)616-9881 Additional information is available from the DOJ OIG website at https://oip,.iustice.Liov/hotline 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 subgrantees to adopt and enforce policies banning employees from text messaging AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 5 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, 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•//www oip gov/fundin = itnpleinent/trainint*-guiding_principles-grantees-and- sub pray, ntees 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. a It. 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. 12. 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 AG/CPJAD 126 FY 2020 Coverdell Special Conditions(revised 04/202 t) 6 defined (for purposes of this condition) as"employees"of the Grantee or of any subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by Grantees and subgrantees related to trafficking in persons (including reporting requirements and OJP authority to terminate award), and are incorporated by reference here. 13. 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://www.oip.gov/fundinWExplore/FY20Ai)RrogriationsRestrictions.litm 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. 14. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information(PII) 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"(PII)(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-130). Grantee's response procedures must include a requirement to report by email actual or imminent breach of PII to the assigned CHAD 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. IS. Employment Eligibility Verification for Hiring Under the Award Grantee,and any subrecipient ("subgrantee")at any tier,must: AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 7 I I I 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); 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 ofrecordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 recorded retention requirements,as well as records of all pertinent notifications and trainings. 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 use, E-Verify(www.e-verify.gov), provided an appropriate person authorized to act on 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. 16. 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). Consistent with the(DOJ)Part 200 Uniform Requirements—including as set out at 2 C.F.R. 200.300(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 AGJCPJAD#26 FY 2020 Coverdell Special Conditions(revised 0412021) 8 full accordance with U.S. statutory and public Policy requirements") and 200.319(a) (generally requiring"[a]Il 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 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 subgrantee(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. 17. 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 https://Oip-gov/funding/Explore/iiiteract-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. 18. Generally Accepted Laboratory Practices Grantee shall ensure that any forensic laboratory, forensic laboratory system, medical examiner's office, or coroner's office that will receive any portion of the award uses generally accepted laboratory practices and procedures as established by accrediting organizations or appropriate certifying bodies. AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 9 i st i 19. External Investigations Grantee shall ensure that the requirements of 34 U.S.C. section 10562(4)(which relate to independent external investigations into allegations of serious negligence or misconduct by employees or contractors)are satisfied with respect to any forensic laboratory system, medical examiner's office, coroner's office,law enforcement storage facility,or medical facility in the State that will receive a portion of the grant amount. 20. Use of Funds No Research. Funds provided under this award shall be used only for the purposes and types of expenses set forth in the solicitation for the Paul Coverdell Forensic Science Improvement Grants Program. Funds shall not be used for general law enforcement functions or non-forensic investigatory functions, and shall not be used for research or statistical projects or activities. Use of award funds for construction of new facilities is restricted by statute. Any questions concerning this provision should be directed to the CPJAD Criminal Justice Planning Specialist prior to incurring the expense or commencing the activity in question. Grantee understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any laws, regulation or policy,at any level of government,without the express prior written approval of CPJAD. 21. Press Releases Grantee shall transmit to the assigned CPJAD Criminal Justice Planning Specialist copies of all official grant-related press releases at least thirty(30)working days prior to public release. Advance notice permits time for coordination of release of information by CPJAD and NIJ where appropriate and to respond to press or public inquiries. 22. Development and Use of Publications,Curricula,Training Materials, etc. To assist in information sharing, the Grantee shall provide the assigned CPJAD Criminal Justice Planning Specialist with a copy of publications(including those prepared for conferences and other presentations)resulting from this award,prior to their public release. NIJ defines publications as any written,visual,or sound material substantively based on the project, formally prepared by the Grantee for dissemination to the public. Submission of publications prior to their public release aids CPJAD and NIJ in responding to any inquiries that may arise. Any publications(written,visual,or sound)— excluding press releases and newsletters—whether published at the Grantee's or government's expense, shall contain the following statement: This project was supported by award No. , awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/2021) 10 CPJAD determines not to be consistent with the Coverdell law and the solicitation or to be otherwise deficient. Grantee agrees to notify CPJAD promptly upon any change in the accreditation status of any forensic science laboratory or forensic laboratory system that receives funding under this award. SUBMITTED BY( Signature: Date: OCT Name: Paul K. Ferreira Title: Ch--f of Police Agency: Hawaii Police Department AG/CPJAD#26 FY 2020 Coverdell Special Conditions(revised 04/202 1) 12 i I of Justice. The opinions,finding, and conclusions or recommendations expressed in this publicationlprogramlexitibition are those of the author(s) and do not necessarily reflect diose of the Department of Justice or the j Hawaii Department of the Attorney General." This statement shall appear on the first page of written publications. For audio and video publications, it shall be included immediately after the title of the publication in the audio or video file. (*)Grantee should contact the assigned CPJAD Criminal Justice Planning Specialist for the federal grant number. 23. Copyrights i Grantee acknowledges that the Office of Justice Programs reserves a royalty-free,non- exclusive,and irrevocable license to reproduce,publish,or otherwise use, and authorize others to use(in whole or in part,including in connection with derivative works),for Federal purposes:(1)the copyright in any work developed under an award or subaward; and(2)any rights of copyright to which a Grantee or subgrantee purchases ownership with Federal support. Grantee acknowledges that the Office of Justice Programs has the right to(1)obtain, reproduce,publish,or otherwise use the data first produced under an award or subaward; and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. It is the responsibility of the Grantee(and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. 24. Accreditation Grantee shall ensure that any forensic laboratory or forensic laboratory system(not including any medical examiner's office or coroner's office)that will receive any portion of the award either is accredited,or will use a portion of this award to prepare and apply for accreditation by not more than two years from the award date of this award. j I If accredited, Grantee must continue to demonstrate such accreditation as a condition of receiving or using the award funds. if not accredited, Grantee must use the award funds to prepare and apply for accreditation. ( I Grantee is to contact CPJAD for clarification or guidance if it should have any question as to what constitutes proper accreditation for the purposes of the Coverdell program. Award funds may not be used under this award by a forensic laboratory or forensic laboratory system with accreditation(or by such laboratory to obtain accreditation)that j I AG/CPJAD#26 FY 2020 Coverdelt Special Conditions(revised 0412021) l Q 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 BZ� OCT 1 9 2021 Signature: Date: Name: Paul K. 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 1 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 VI 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. §20004 and 28 C.F.R. §42.101 et sem.) • 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 seg) • 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 j 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 seq) • 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 a 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 part 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 BYGQ� OCT $Z021 Signature: Date: Name: Paul K. Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#15(revised 7/2015) CERTIFICATION FORM Compliance with the Equal Employment Opportunity In (EEOP) Requirements Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C.not all three.If recipient coMlefes Section A or C and sub- rants a sin le award over 5500,000 in addition,please complete Section D. Recipient's Name:Hawaii Police Department Address:349 Kapioiani street.Hilo,Hawaii 96720 Is Menc a;o Direct or o Sub recipient of OJP,OVW or COPS funding?. I Law Enforcement ALency?9 Yes o No Is Number:613154335 1 Vendor Number(only if direct recipient) Name and Title of Contact Person:Mary s.MIdkiff,Evidence specialist 11 Telephone Number:808-326-4646 ext.338 :::[E-Mail Address:Mary.Midkiff@havisficounty.gov Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. •Less than fifty employees. o Indian Tribe a Medical Institution. •Nonprofit Organization a Educational Institution o Receiving a single award(s)less than$25.000. 1, [responsible official), certify that [recipient]is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302. 1 further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. #'recipient sub-grants a single award over$500,000,in addition,please complete Section D Print or Type Name and rule Sl Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more emplo}wes and is receiving a single award or,subrnpard,of S25,000 or more.bur less than$500.000,then the recipient agency does not have to submit an EEOP to the OCRfor review as long as it certifies the following(42 CF.R§42,305): 1, Paul K Ferreira [responsible official], certify that Hawaii Police Department [recipient],which has fifty or more employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for Civil Rights,Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Hawaii Police department [organization], 349 Keplolani Street,Hilo.H196720 [address]. Paul K,Ferreira,Chief of Police Print or Tv Name and Title 5i ature Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review Ifa recipient agency hwf*or more employees and is receiving a single award,or subaward,of$500,000 or more,then the recipient agency must send an EEOP Short Form to the OCR jar review. 1, [responsible official), certify that [recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an EEOP in accordance with 28 CFR pt. 42, sublit. E, and sent it for review on [date] to the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice. 1freciluent sub-grants a single award over$500,000,In addition,please complete Section D I Print or Tylv Name and Title Signature Date i I i3 I Section D—Declaration Stating that Recipient Subawards a Single Award Over$500,000 If a recipient agency,suhaivards a single award of$300,000 or more alien the granting agency should provide a last,including,name,address and DUNS N of each such suis-recipient. Sub-Recipient Agency Name/Address 9u6- cipient DUNS Number If additi©nal space in necessary,please duplicate this page. OMB Control No. 1121.0340 Expiration Date: 12131/2015 INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP)Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create,keep on file,submit to the Office for Civil Rights(OCR)at the Office of Justice Programs(OJP)for review,and implement an Equal Employment Opportunity Plan(EEOP).See 28 C.F.R.pt.42,subpt. E.All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements: many awards from OJP,including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and Delinquency Prevention(OJJDP),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements;and many awards from the Office on Violence Against Women(OV )are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's EEOP requirements,please consult your grant award document,your program manager,or the OCR. Recipients should complete either Section A or Section B or Section C,not all three. If recipient completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D. Section A The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization,an educational institution,a medical institution,or an Indian tribe;or it received an award under$25,000;or it has less than fifty employees.To claim the complete exemption from the EEOP requirements,complete Section A. Section B Although the regulations require some recipients to create,maintain on rile,and implement an EEOP,the regulations allow some recipients to forego submitting the EEOP to the OCR for review.Recipients that(1)are a unit of state or local government,an agency of state or local government,or a private business,and(2)have fifty or more employees;and(3) have received a single grant award of$25,000 or more,but less than$500,000,may claim the limited exemption from the submission requirement by completing Section B. In completing Section B,the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that(1)are a unit of state or local government,an agency of state or local government,or a private business. and(2)have fifty or more employees,and(3)have received a single grant award of$500,000 or more,must prepare, maintain on file,submit to the OCR for review,and implement an EEOP. Recipients that have submitted an EEOP Utilization Report(or in the process of submitting one)to the OCR,should complete Section C. Section D Recipients that(1)receive a single award over$500,000;and(2)subaward a single award of$500,000 or more must provide a list, including,name,address and DUNS#of each such sub-recipient by completing Section D. Submission Process Recipients should download the online Certification Form,complete required sections,have the appropriate official sign it,electronically scan the signed document,and then send the signed document to the following e-mail address: rEOPFormsny,usdcj.gov. The document must have the following title:EEOP Certification. If you have questions about completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs, 810 7th Street,NW,Washington, DC 20531 (Telephone:(202)307-0690 and TTY:(202)307-2027). OMH Approval No, 1121-0340 Expiration Date 12/31/15 Public Reporting Burden Statement Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to a collection of information unless it displays a current valid OMB control number.We try to create forms and instructions that are accurate,can be easily understood,and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the Office of Justice Programs, 810 7th Street,N.W.,Washington,D.C.20531. 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 VII 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) Where the prospective lower Vier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Paul K. Ferreira, Chief of Police Name and Title of Authorized Representative OCT 1 9 2021 Signature Date Hawaii Police Department Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization OJP FORM 4061/1(REV.2189)Previous editions are obsolete I s i 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. . 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. 8. 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. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION COAM PROCEDUM 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: Raul K. Ferreira-- Chief of Police (808)961-2244 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: Signature: Date: OCT 1 9.2021 Name: Paul Ferreim Title: Chief of Police (Head of Agency or Designee) AG/CPJAD 030 612010