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Home My WebLink AboutCOM 0108.011 2022-2024Mitchell D. Roth Mayor DATE: TO: VIA: FROM: RE: County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-2389 August 21, 2023 HEATHER KIMBALL, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS KAY rNTROLL �10�)BE JAMI T. M ICZ, POLICE CHIEF L 0 NOIqTIFIE OFTGRANT ZAWARD COMPLIANCE WITH ORDINANCE NO. 23-50, SECTION 7(1) Benjamin T. Moszkowicz Police Chief Reed K. Mahuna Acting Deputy Police Chief Name of Grant Program: Edward Byrne Memorial Justice Assistance Grant (Statewide Multi -Jurisdictional Drug Task Force) Grantor: State Department of Attorney General, Crime Prevention and Justice Assistance Division County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 21 -DJ -01 Amount of Grant: $48,865.00 Amount of County Match: $0.00 County Revenue & Expenditure Account Numbers: 010.201.5216.56:3309.57 Grant Period (Commencement & Completion): July 1, 2023 to June 30, 2024 Purpose of Grant: To reduce drug threats and drug related crimes and incorporating multi -agency collaboration. Is final report required by grantor? R Yes ❑ No Notification attached: R Yes ❑ No, because "Hawai'i County is an Equal Opportunity Provider and Employer" Comm. No. Ref. To•. Ref. Date SER 202.3 AGREEMENT by and bet-,veen the DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII and the. HAWAII POLICE DEPARTMENT COUNTY OF HAWAII Relating to .Project No. 21-D.J-01 This Agreement ("Agreement") is effective as of July 1, 2023 ("Effective Date"), by and between the Department of the Attorney General. State of Hawaii ("Agency") and the Hawaii I Police Department, County of Hawaii. whose business address is 349 Kapiolani Street Hilo, f-11 26720 ("Grantee") (collectively, "the Parties"). RECITALS WHEREAS, Title I of the Omnibus Crime Control and Sale Streets Act of 1968, ' )4 U. S. C. §§ 10101 et seq., as amended (hereinafter "Act"), was enacted to make grants to states and units of local government, for use by the State or unit of local government to provide additional personnel., equipment, supplies, contractual support, training, technical assistance, and information systems to support a range of program areas including: law enforcement. prosecution and court; prevention and education; corrections and community corrections-, drug treatment and enforcement; planning, evaluation, and technology improvement; crime victim and witness initiatives, and mental health programs and related law enforcement and corrections programs, WHEREAS, the Governor has designated the Agency to serve as Hawaii's State Administering Agency for administering the federal Financial assistance tinder the Act: WHEREAS, Agency applied for Edward Byrne Memorial Justice Assistance Grant Program (JAG) Funds in the form of JAG award, WHEREAS, on or about September 22, 2021, the Bureau of Justice Assistance (*'BJA"), which is a component of the Office of Justice Programs ("OJP"), U.S. Department of Justice, awarded Agency $956,688 in JAG Funds, Award No. l5P13JA-2 I -GG-00244-JAGX ("Award"); WHEREAS, Grantee is qualified to receive funds available to the State Linder the Act and its respective implementing regulations contained in the JAG State 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, Pail 2800 (together, the (JAG FY 2021 (Cotuity) Rev. 09/2022) "Part 200 Uniform 1Zcquircrncnts") and has submitted an application to Agency for receipt of the same as a subgrantcc, a copy of which is attached hereto as Exhibit "A', \V'IIEREAS, Agencv 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 reqUirerrients of the Award have been met 1`61 - purposes of entering into this Agreement. AGREEMENT NOW TIlf - 'REFOM"'. the Parties. lor and in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the receipt of which is hereby acknowledged,, agree as follows: SCOPE OF SERVICES (Ji-antec 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. 2. PROJECT PERIOD Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part 1. of Exhibit "A." 3. TERM OF AGREEMENT The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on the date Agency accepts the final I'mancial reports (Request for Funds and Cash Balance I'Zeport ("IU -T") and Project l"Apenditures and Obligations Report ("PEO")) from Grantee under this Agreement ("Termination Date"), unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties. 4. REAMBURSEMEN'r (a) Subject to availability of funds., Grantee shall be reimbursed for all actual, allowable, altocable, and reasonable costs it incurs in performing the Scope of Services under this Agreement in an amount not -to -exceed forty-eight thousand eir.Tht-hundred sixty -Five and 00/100 dollars ($48.865,00) (hereinafter, -NTE Amount"). Grantee acknowledges and aorees that it will not be reimbursed for any costs it incurs in excess of the Ni Tl." Amount in performing the Scope of Services under this Agreement. (I AG FY 2021 (County) Rev. 09/2022) (b) Grantee acknowledges and a,-)recs that Agency's of to reimburse Grantee is subject to Agency's receipt of federal funds urRier the Award. and at no We shall this Agreement be construed as an agmemem to reimburse or compciisatc Grantee with funds other than those which are received from the I'cdcral tovennuent- Gamice Curther ackno"Iedges anti ag . orecs that federal funds Under this Agreement will be used to supplement, but not supplant, We or local funds. Failure of Aumm to receive anticipated federal funds shall not be considcred a Ineach by Agcnq, or an excuse Or nonperformance by Grantee. (c) In seeking reimbursement under this Agmement, Ci arave slall submit u) Agency: (i) A monthly FIFF IN costs it incurs in performing the Scope of ServIes under this Agreement Nvidin fifteen (15) calendar days after the end of' each calendar mouth. Grantee shall submit to Agency As final RR" drawdo"m ivithirt My (30) calendar days after the end of the. Project Period.; and Grantee shall submit to Agency its final RI'' %vithin sixty (60) calendar days after the end or the Pro ,ject Period, (H) A. quarterly P130 within fiRcen (15) calendar days after the end of each calendar quarter as UK= (A) For the January I" through March 3 1" calendar quarter. the 1)1---,,0 is due April 150; (B) For the April I" through June 30"' calendar quarter, the l-'E"O is due My 15"'; A For the July I" Hough September 30"' calendar quarter., the PY'k) is due October 15"; and (D) For the October I" through December 31" calendar quarter, the PEO is duc,lanUary 15"'. Grantee shall submit to Agency in final PEO within sixty (60) calendar days after the end of the project period. Grantee expressly ackncRviedges that non -adherence to the above deadlines may result in the withholding of Buls. Grantee shall comhwc to perform the Scope of Services during, the period that payment is being withheld. (d) 11' Agency determines that a RFF or 1410 requires clarification and/or revision. Agency will notify Grantee and Grantee shall respond "Ith the reCILICSICCI clarification and/or revised FRI-,'F,' or PI C;) within the time specified by the Agency. Grantee expressly ackno"Iedges and agrees that Aoency may withhold payment unless and until Such time Agency determines that Grantee has adequately responded to Agcnq"s request Or clarification andtor revision. 3 HA O FY 2021 (County) Rev. 09/2022) (e) All funds available for use Linder this b Agreement shall be subject ect to the allotment Agreement I system as provided in Hawaii Devised Statutes Chapter 37. All payments shall be made in accordance \N,ith and subject to Hawaii Revised Statutes Chapter 40. (g) If., at any time after payrnent is ISSLIed to Grantee Under this Agreement, Agency cletermincs that certain costs paid by Agency to Grantee were inappropriate or Unallowable, I Z= Agency may either require ii-il,it Grantee return all equivalent arl"101111t Of 11101lieS to Agency or withhold an equivalent amount from any payments Clue and owing to Grantee. (h) If, for any reason. Grantee is in possession of any funds provided to Grantee Linder this Agreement which were not encumbered by Grantee during the Project Period, all such funds shall be returned to Agency within ten (10) calendar clays after the end of the Project Period. If, for any reason. Grantee is in possession of any funds provided to Grantee under this Agreement which Grantee encumbered dilrim, the Project Period, but which Grantee 01 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. If, at any time during the Term, Agency determines that Grantee is not complying with the conditions of this A,reemerit 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 perforin the Scope of Services dUring, the period that payment is being,, withheld. 5. CERTIFICATIONS Prior to., or concurrently with the cxeCLltlOr1 ofthis 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 wilt 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 Anv information, data, report.. record, SUnnnal-V, 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 IndividLial or organization other than any subcontractor to which the material may relate, withoLit 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 (JAG FY 2021 (County} Re%. 09/2022) provided by the Grantee or the Agency shall be kept confidential otily to the extent 11crillitted by la\v. Gn<lwee shall cornply "ith the requirements of' Chapters 487J. 487N and 487RHawaii Revised Statutes as applicable. 7. (."OIIYRI(',;fi,r AND PATENT The Agency shall have complete OWIM-Ship 01' all ITIatCrUll, both 1-1111SIled aIICI LIlllllliSlIC(l, vvIlich is developed, prepared, assembled, or conceived by the Grantee pursuant to this Aoreement. and all such material shall be considered -works iiiidc fOr hlrc. No summary, report, inap. chart. graph, table, study or other- documents oi- discovery, invention. or cicvclol)lllelll produced In \Vllolc or in ])art with Curt(is made available Under flits Agreement shall be tile subject ' of all application fear y r copright or patent by o()it r behalf' of Grantee, its officers., agents, or orril.floyces, or its Subcontractors without prior written authorization from Agency. To the extent that ariv material, summary, report. trial), chart, graph, table, study, or other clocurnents. or discovery, invention, or development UFICICT this Aoreement, is not recogriized as a work made for hire" as a matter of law, Grantee herebv assigns to the ;'Agency Emy and all copyrights in and to the materiail, 8. CONFLICT OFA INTEREST Grantee expressly represents that at the time this Agreement is CXCCLI[ed, it presently has no interest, either direct or indirect, that would conflict or adversely affect, in any inallner or degree, Its ability to satisfactorily pet -Corin the Scope of Services Under this Agreement. Grantee L_ t�� covenants that this representation. will remain true throughout the Term, incILIClino an -v extensions 9. PROC',RESS REPORTS Grantee shall submit progress reports as required f'c)r JA(.'a funds to Agency as required by the Acceptance of' IA(..i Special Conditions in Exhibit "B." Grantee's obligation to submit progress reports to Agency shall SUI-ViVe tile expiration or termination of this Agreement. I 10. COOPERATION WITIJ DATA COLLECTION; ASSESSMENTS Grantee expressly acknowledges and agrees that. it' requested by Agency. Grantee shall cooperate with, participate in, and/or support ally data collection efforts, assessments, or information requests involving or relating to Gralifcc,'s perl'Orniance of' the Scope of Services Under this Agreement. Grantec*s obli,oations under this sectioti shall SLII-\/IVC the expiration or ternimation of Agreement, I I :agreement. 11. SUBCONTRACTING,; ASSIGNNIFNT Gnai-nee shall not subcontract or assign any portion of' the Scope of Services under this Agreement VVIthOUt first obtaining the prior written approval of' Agency. If Graince obtains Agency. Ag,cncy'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 tile (JA(I FY 2021 1( OUIVY) Rev. 09/2022) subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that Z-- the Subcontractor has complied with all applicable requirements and conditions before any funds are disbursed to the subcontractor. 12, INDEPENDENT CONTRACTOR In the pertormancc 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 -vvith the terms and provisions of this A4reen-ient. Grantee's employees and agents are not employees or agents of the Agency by reason of this Agreement, and Grantee's employees and agents shall not be entitled to claim or receive from Agency any vacation, sick leave, retirement, or other benefits directly afforded to employees of" Agency. Grantee shall be responsible for the accuracy, completeness,, and adequacy of Grantee's performance. Linder this Agreement, Grantee shall be responsible for payment of any federal, state, and county fees -,,vilich may, become due and otving 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 Linder this Agreement. 13. INDEMNIFICATION Grantee shall defend. indemnify, and hold harmless the State of Hawaii. Aiaencv. 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 fi-orn the acts or ornissions of Grantee. its officers. employees, agents. subcontractors, and/or suborantecs under this Agreement; provided, howcycr, 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, thatment is gents, and employees to the extent permitted by law, and it is understood pay sub' at by the county council/or city Council, as the case may be. subject to approv 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 niaN make modifications \vIthin the general scope of this Agreement by a v,ritten amendment signed b,,,, 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 (JA(i FY 2021 (County) Rn'. 09/2022) of the Attorney General, rnaIssue a unilateral 1xrItten project, t4rant modification notice which directs Grantee to make the folloxvinZ� o challoes et"I'wive as of the elate specified in the \vritten - notice, or if no date is specilled, as of the date the �vrittcn notice is approved (hereinafter, IN"lodification Notice''): (1) CIIMIgcs III the Scope of` Sergi within the scope of the Agreement: 0 Changes In the Project Period that do not alter the scope of the Aoreemeril 0 r (111) Chang,cs in Project Director or Financial Officer. AH Modification Notices issued by the CPJA Administrator shall be incorporated in and made a I-xirt of the Agreement. If' the Parties agree: that a Ntodification Notice increases or decreases Grantee's cost of perlorniance of the Scope of Services Under this Agreement, an adJustment, to - the NTE Amount shall be made by written amendment to the Agreement. It' (;Ianice belie-ves that it is entitled to an adjustment of the NTF' ArnOLIflt as d I'CSLIlt Of a Modification Notice, Grantee shall file a kvi-itten clait'n within fourteen (l l) calendar days after receipt of I 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 clairri for an act ' justment of the NTI", 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 An-IOLInt shall not excuse Grantee from proceeding with the Agreement Lis changed by the kfodification Notice. 'The right. of' Grantee to dispute tile NTI` Amount shall not be ,vaived by its performance,, provided Grantee timely tiles a written claim. 15. TERMINATION FOR CAUSE; CONVENIENCE (a) "Termination for C.ause. 11' Grantee breaches any of' its promises or fails to satisfactorily perform or fulfill its obligations under this Agrecincrit, Agency may notify Grantee in writing ol'Grantee's breach or noriperforniance under this Agreement (hereinafter, -:Notice of Default"). If the breach or nonperformance is not cured within ten (10) calendar (lays 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 t-.)Nl providing Grantee %vith a written notice of termination (hereinafter, "Notice of Termination flor Cause"). The Notice of Termination (or Cause shall be effective as of the date of such notice Unless otherwise specified, 'file Grantee shall continue perl'orniance of the Agreement to the extent if Is not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency liar darriaocs sustained by, Agency because of` Grantee's breach or nonperformance under this Agreement. (b) Termination I , or Convenience. Agency may terminate this Agreement, in whole or in part, at any time when the interests of the \gency so require by ijvim, \,vritten notice of such termination to Grantee (hereinafter, --Notice of "termination for Convenience"). I'lieNotice of Termination for Convenience shall be CITeCtiVe as of the date Of such notice 1.1111CS's Other\ViSe 7 (JAG FY 2021 (Couilt\9 09/2022) specified. The Grantee shall continue perf'orrriance 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 Lip to and including the date ot'Grantee's receipt of the Notice of' Termination lor Cause or Notice of' Termination for Convenience, whichever Is applicable. Any costs incurred by Grantee after Grantec"s receipt of such notice will be eligible for reimbursement only if they represent unavoidable: or reasonable wind-dmkn 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 tile possession of Grantee in \vhich Agency has all interest. (e) In the event of' termination of this Agreement, all finished or unfinished documents, reports, Summaries, lists, charts, graphs, maps, or other written material developed or prepared by Grantee tinder this Agi-ccinent shall, at the option of Agency, become Agency's property and, together with all information, data, reports, records, maps,, and other materials (it' an),) provided to Grantee by Agency, shall be delivered and surrendered to Agency "ithin such time specified by Agency. 16. WAIVER The failure of Agency to ]Insist upon strict compliance with any term, provision, or condition of this Agreement shall not constitute a �vaivcr or relinquishment of Agency's right to enforce the same in accordaricc with this Agreement. In the event Agency is determined to have Z= waived a term, provision. or condition of this Agreement, it is expressly understood and agreed that such �vaiver shall not constitute a \N,aiver or relinquishment of Agency's right to enforce the same as to any other or further violation. 17. DISPUTES Any dispute arising Linder this Agreement which is not disposed of by mutual agreement of the Parties within fifteen (1 5) 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 Nvith the performance of this Agreement unless otherwise directed by Agency. 18. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as Nvell as the rights and ditties of the Parties to this Agreement, shall be governed by the ]a,, -,7s of the State of Hawali. Any action at law or in equityto enforce or interpret the provisions of this Agreement shall be brought in a state Court o[corripetent.jurisdiction ill Honolulu, Hawaii. Z:� S (JAG FY 20121 (County} Rev. 09/2022) 19. SEVERABILITY Should any provision of this Agreement be field 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 (teemed severable from this Agreement, 20. ENTIRE AGREEMENT This Agreement sets forth all of" the agreements, conditions, understandings, prornises, 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. 21. AUTHORITY TO ENTER INTO AGREEMENT Each Part), represents and warrants to the other that it is duly authorized to enter into this Agreement and to ftilly perform its obligations hereunder. 22. COUNTER13AIZTS 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, 9 (JAG FY 2021 (CoLinty) Rev. 09/2022) IN WITNESS WHERF"OF, the Parties hereto have executed this Agreement as of the I--',Tt7ectjve Date. API' ' 0 ASTO FORN1: Z� De tuity Attorne;"T"Jeneral I APPROVAL RECOMMENDYI.'.D.- By: R&amin Woszk-Wicz Its: Chief of Police Date: JUL 1 4 2023 APPROW'D AS TO FORM AND LEGALITY: By: s- Corp oration Counsel Date: "Agency" DEPARTIMENT OF THE ATTORNEY GENERAL STA'I"E OF HAWAII By: Matthew S, Dvonch Its: First Deputy Attorney General Date: "Grantee" HAWAII POLICE DEPARTMENT COUNTY OF HAWAII /Z By: Mitchell 1). Roth Its: t 1-11�lor-- Date: 10 (JAG FY 2021 (County) Rev. 09/2022) CRIME PREVENTION ANI) ,)I.,JSI'IC'E,kSSIS'I'AN(-'t�' DIVISION DFPAR'1*M,NT OFTIIE ATTORNEY GENT= HAL APPLICATION FOR GRANT FY 2021 EDWARD BN�l�Nl;"1lEil,IOIZI)kL,Jtl�SI'I('F:kSSIS'I'zkNCE G'RANT (JAG) I1,ART 1. TITLY PAGE A. PROJECTTITLE: Staie%� ide Multi -Jurisdictional Drmo,'I'ask l'orce (SM I lawaii Police Departmcm SYSTEM FOR AWARD M.-A.NAGEMENT (SAM) Unique Entity C. REGISTRATION: El Yes 0 No Identifier W95MALL)l YJY5 1). APPLICATION RANKING kNATHIN AGENCY: F. ADDI2ESS: 3,19 KAPIOLANJ ST. PRIMARY PLACE OF F. PERFORMANCE: City Hilo City Hilo zip 9(,)7')0 Zip + 4 State 1-11 digits .96720-3998 G. PROJECT PERIOD: I° rom Julv 1, 2023'Fo RHIC 330 202-4 IL FEDERAL PROGRANJAREA: Enforument Programs I. sTATE PRIORITY AREA: Drui, - Fil6orcement J. SCORINC INCENTIVE AREA(S): Check All That Apply F] Ividence-Based Procyram Multi -Agency Collaboration E] Criminal Justice Intersect toAddress Homelessness K. TYPE OF APPLICATION: New F-1 Continuation z L. TOTAL PROJECT AMOUNT: S 48.865 M OTHER FUNDINGSOURCES: Is the proposed project seekin- other sources offundin,-,? Yes F] No [71 If vs, then provide name ofJ Y� the source or grant pro gran) and the amount offunds that is heing sought: Z7 'In - Source A111OL1111 N. PROJECT DIRECTOR Name: Rovcc Serrao Title: Lieutenant Address: 349 KaiLolan'I Street Hilo, 111 96720 —2-411Vall Telephone (808) 961-225 3 --- ------ - — — -- ------ E-,\,Iail: R o v cc, S e rra cii? 11 a «,-1 i i C 0 U 11 t V, t-1 0 V 0. FINANCIAL OFFICER Name: Kelsic KailiLdi Title: ACCOLMU1111 [11 -- ------ -- Address: 349 Kapiolani Stret I lilo. f 11 96720 Telephone: (808)961-2274 L -.Ma i 1: kelsie,kail iu h6W11,1W3iiCOLIMN'. 1-10V Date Received: i/31/2023, 7/7/23 Project Number 21-D.1-01 Exhibit A 1) r= I { Rn 01/2023) APPLICATION FOR GRAINT EY 2021 EDWARD BY`RNE MEMO RJAL,I L" STICE ASSISTANCE GRANT (,JAG) PART 11. DESCRIPTION OF PROJECT A. THE PROBLEM The importation of it legal narcotics continues to I)la(--,Lic the State ofHawaii and Island of I [awail, often referred to as the "Big Island". Due to I lawaii's remote location in the Pacific Ocean. an attractive tourist destination, and a mid -point between Asia and the United States mainland. the methods used to import and distribute illegal narcotics present unique challenges to law enforcement. Importation and distribution of narcotics on the Big Island continues to be a problem Clue to a high number of travelers, parcels and merchandise being imported to Hawaii County, and large areas of land to cover by a limited amount of la\\, enforcement officers. Importation ofthe illegal narcotics occurs by a NNide variety of transportation services used to ship goods to and from the state, including the Big Island. These include the U.S. Postal Service, private shipping businesses for merchandise and vehicles, and moving companies for household goods. In addition,. the importation of illegal narcotics is achieved via airlines by way of the "body carry" method, in which individuals conceal (ILIantities of narcotics on themselves within clothing or within various body cavities through ingestion oi- insertion of small l 111 packets. 'Franspor-ters of drugs also use various techni(ILICS to conceal the narcotics within their carry -on or checked in luggage. Once the narcotics reach the Big Island, they are distributed throughout our community by drug dealers and individuals who profit monetarily from the narcotic sales. Within our community, the distribution of illegal narcotics contributes to a wide variety of crimes such as robbery, assault, and burglary to name a few, Narcotic sales also have a ripple effect in the community and contribute to a wide variety of social problems Such as personal saTety, domestic/family abuse, and mental health issues all driven by narcotics sales and people's addictions to illegal drugs. The sales of illegal drugs can tear apart families, create broken homes, and can cause irreversible damaoc to the children of these fiarnilies, that they sometimes never recover frons. To combat drug) importation and distribution described above, it is necessary for narcotics law enforcement officers to; I ) be highly trained in the latest intelligence gathering methods and operational techniques used to investigate narcotics offenses; 2) use the acquired skills and training to plan and execute narcotics investigations for successful prosecution. 3) develop case cooperation with other agencies to maximize resources and information within the State of Hawaii. (Rev 01/2023) Page 1 Crystal methamphetamine, or "ice," continues to be the most prevalent drug ot'choice and has a significant negative impact on our island C01-11111LIflitieS, families, and the visitors to the Bio Island, Oftentimes. methamphetamine users lack the ability to paN, four inetharnphetarn i tic and resort to committing= Property CrUnCS, Such as theft, burglary, arid unauthorized entry into a motor vehicle, so they may obtain money for the stolen items. The money is their used to facilitate the purchase of metharnphetall-line. Users of crystal inetharnphetarnine have also been associated with "crime sprees" involving a series of, rapidly escalating crimes, including crimes ot'violence, such as robbery arid assault, sirnpiv, because they are tookino for an easy and quick way to get money to purchase methamphetamine. In 2022, the Hawaii Police Department Vice Division seized approximately 105.5 Pounds of methamphetamine with in estimated street value of $5,988,122 dollars. The Bi(, Island has seen a dramatic rise in the importation and distribution of'1entanyl both in the pill and powder form. Fentanyl is 50 times more potent their heroin and 100 times more potent their morphine. It only takes about two milligrams of fentanyl to be potentially lethal for most people. Fentanyl is a very potent and dangerous opiate and becoming increasingly popular because. in powdered form, fentanyl provides a quicker and more potent high. Fentanyl in pressed pills has become easier to conceal and transport, due to the binding agents present in the pill form. Both forms of fentanyl can be dangerous to users and law enforcement officers recovering this narcotic. For this reason, officers take extra precaution., knowing that even the slightest exposure to fentanyl can be lethal. The Hawaii County Police Department now issues Narcan nasal spray to all officers in the event of a fentanyl exposure. Fentanyl is also mixed with other drugs, or disguised as other pills, to increase profits arid induce a greater high. Often users do not know they are ingestin". - fentanyl and just a very small amount of fentanyl can lead to I overdoses or accidental deaths. Recent investigations by the Hawai'l Police Department's Vice Sections have led to the recovery of 8,355 fentanyl pills estimated at $250, 650 in street value as well as approximately 344 grams of fentanyl powder with a value of about $137,652. Following a nationwide trend, heroin continues to grow in popularity on the Big Island. Black tar heroin continues to be the most common form of heroin but is in limited supply and confined to a small number ot'distributors. Individuals who use / distribute heroin are often physically dependent on the drug, and generally unwilling to assist law enforcement c� because they do not want tel lose the limited source of then, heroin supply. However. recent investigations conducted by the Statewide Multi-JUrisdictional Drug Task Force (SMDTF) have led to the recovery of black tar heroin directly from the responsible importers of the heroin. In 2022, 5.6 pounds of heroin have been recovered with a street value of about $764,970. Because of the rising cost of illegal prescription opiates. it is anticipated that heroin use will increase. Cocaine remains available throughout the Big Island and is popular with the working- class community. It is often referred to as a "social drug" and the users often remain undetected due to the secrecy of their use. Identifying the distributors presents challenges, because when individuals are arrested for possession of cocaine, they rarely. AW(TIAD Pl(ii) Mev 01/2023) PaLC 2 reveal their suppliers. The majority of cocaine recovered by law enforcement is in its powdered form. In 2021, 4.4 pounds of cocaine have been seized with an estimated value of 5241,284. The illegal possession and distribution of marijuana continues to be widespread on the BiL, Island. Street -level distributors are common in tourist attraction areas and continue to generate complaints from the general public and business owners, Task Force Officers have increased their efforts to identify and arrest the mid-level Suppliers, as well as the upper-level growers. In 2022, the department recovered approximately 198 pounds of marijuana with an estimated value of $1,353,353. The sale and distribution of pharmaceutical drugs and especially opiates has decreased slightly because the price of these drugs has gone up. The distribution of pharmaceutically prescribed drugs occurs when a legally obtained prescription is filled and the prescribed narcotics are diverted illegally, typically sold for monetary profit or traded for another illicit substance; luiown as pharmaceutical diversion. Pharmaceutical diversion remains a threat in the United States, and Hawai'i County is included in this trend. However, efforts from the Hawaii Police Department Vice Division, together with State of Hawaii, Narcotics Enforcement Division, and federal Drug Enforcen-lent Administration have led to a significant reduction in the amount of pharmaceutical diversion. As a result, the amounts of pharmaceutical drugs recovered during execution of search warrants by the Hawaii Police Department's Vice Sections has been decreasing' Drug trafficking remains highly profitable and attract numerous people into becoming distributers and dealers. As an example, the potential profit of one pound of crystal methamphetamine can be purchased on the mainland for $2,000; that same pound of crystal methamphetamine can be sold on the Big Island for $10,000. Typically, that pound is divided into 16 -ounce quantities and sold for up to $1,500 per ounce, that's $24,000 for the pound which equates to $22,000 in Pure profit. For this reason, drug traffickers invest large amounts of time, money, and effort to set up sophisticated and organized distribution networks to evade law enforcement. These drug organizations operate on different levels filtering down to the "street dealers." These dealers often distribute drugs to support their own habits, selling "user" quantities, and are highly Z-1 visible to the general public. These dealers and subsequent users are a direct source of criminal activity and pose a serious threat to the Community. The Hawaii Police Department Vice Division, as a member of the SMDTF., continues to use undercover officers to infiltrate drug trafficking organizations as an effective means C, of dismantling narcotic distribution and drug trafficking networks. Such undercover operations often lead to the arrest of tipper -level dealers in the drug organizations through undercover purchases of narcotics and the use of informants. Through controlled Purchases with confidential informants and community cooperation, the Vice'Division has successfully at -rested many mid to high level dealers and disrupted the flow of Z:! narcotics in Hawaii County. In turn, these arrests affect the price of narcotics by decreasing the supply and driving the prices higher. Recently the average cost of an ounce of crystal methamphetamine has varied between $500 and $1,000. The varying AGICPJAD,41(a) (RevOI(2023) Page 3 cosi of, an illeo'll narcotic call be attributed to the tireless efforts of'of,ficers '11-restillo tZ: distributors, and temporarily taking the supply ofTol'the street level market. Narcotic investigations are often dangerous. complicated, and depend gready on intelligence gathering. 01-,) rational and tactical plannino, and interrogation methods. Narcotics law enf'orcenient officers niust constantly stay abreast ol'the latest irfl'Orniation about new drugs on the marka nevv variations of drugs, and their associated elTects, 111MIL111101,11-ino and distribUtiOn networks, investigative niethods, technology and legal issues. The landscape ofdrug investigations and narcotic distribution is ConsmiltINI, changing and without up-to-date training and resource sharing st.iccess(1il arrests and / or drug seizures would not be possible. Criminals use the latest technologies and, innovative WC11111CILICS to maintain UIC11, distribution network. For example, (lie Vice Division has seen in increase in the arnount of'Cash App transactions on cell phones seized by officers during arrests. The use of technology to MIOIIVMOUSIy reach end users, complete transactions, and send packages has increased with the use of the internet and social riledia. The ljm-aii, Police Department needs on-going and continuous training to keep the niernbcrs of'our Vice sections abreast of,the latest narcotic investigation teClIlli(ILICS, intelligence, and resources to combat the ever changing and evolving methods of the modern-day drug tral'Fickin(y organizations. The I lawaii Police Department's Vice Division's continued participation and collaboration within the Statewide Multi -Jurisdictional F)RIE Task Force (SMDTF) has proven to be SUCCCSS1111 in gathering inf'orination and uncovering members of Drug Trafficking Organizations (DTO's) in the State ot'tlawal'i. It. Is imperative that the collaborative ef1bas of the task l'orcc be continued in order to maximize the -Available resources already in place and to advance l'uture narcotics investioitions. Given our state's remote island IOUAiOn, Uni(ILle culture and limited resources, it stands to reason that combined law enforcement of are most effective il'inforniation, investigative resources and operational strategies are shared anionost the different County, state, and federal law enforcement agencies. '['lie development of cease cooperation within the State of Ilavvaii at the county. state. and federal level will have a direct impact on redtlClng the amount of illegal drugs entering our communities. C�l Completing the program activities outlined in this proposal will have a positive impact on the C0111111LInity at large and disrupt the activities ol'those responsible Por the importation and distribution of'narcotics. By attending the latest narcotics training courses task force officers will learn the latest drug trends, strategies, and investigative techniques to combat narcotic importation and distribution. These added skill sets will enhance the quality of narcotics investigations and are likely to lead to successful criminal prosecutions. V;/CT.JAF) 41(a1 (He% W2023) M COALS AND OBJE'CTIVES The overall goal of the Statewide N/lUlti-Jurisdictional Drug Task Force (SNADTF) is to disrupt the flow of drugs through the coordination of operations, drug seizures, and the sharing of information, personnel. and resources. The purpose is to reduce drUG availability, drug crirne, and drug use. The apprehension of mid to high level distributors importing and distributira"I illegal narcotics into and within the State of Hawaii remains a high priority. Z� Information and Intelligence Gathering t� k� Objective 1: EIISLirc law enforcement agencies in different jurisdictions work togethcr as a single enforcement entity with the ability to improve communication, share intelligence, and coordinate activities through a Memorandum of Understanding (NIOU). Objective 2: Increase collaboration and sharing of'resources pertaining to narcotic investigations, interdictions and missions through sen -ii -annual meetings. Objective 3: Increase the ability to complete missions across I lawaii by participating in joint task force missions across the State as requested. Specialized Training Objective 4: Increase the knowledge of vice officers by.providing specialized trainings in Z7� topics pertaining to narcotics, canine handling issues, conducting high quality narcotics investigations, current drug trends, smuggling and distribution techniques, confidential informant development and management, officer safety. and State/Federal kv,\,s that impact the task force. Investigations Objective 5: Decrease the number of drLl() trafficking organizations in the community by disruptinp, and/or dismantling f)TOs or mid to high level distributors. Drug Seizures Objective 6: Reduce the number of drugs on the street by seizing narcotics as applicable. Objective 7: Reduce the number of drug assets on the street by seizing "!capons. vehicles, Zn and U.S. currency as applicable. * Foi- HPD andlem PSD * Decrease the number of marijuana plant,; grown in the community by detecting and J Y eradicating growing marijuana plants. * Reducing the arri(11,111t of marijuana illegally sold in the COMITIL1111tV by seizing illegal marijuana plants, processed marijuana. marijuana concentrate, and marijuana edibles. AG/CPJAD41(a) (Rev 01/2023) Page �' Community Drug Education and Awareness Objective 8: Increase the knowledge of community niernbers."oroups by giving, L_ presentations III Ch -Up demai-ld reCILIC6011 at schools and in the cornllluliitv C". PROJECT M."TIVITIES Funding will allow for continued intelligence and information sharing,- training and assessment OfCclnillC drLIA, dog's, joint operational plannirig: trainin-71 to increase ocr ffic I knowledge, effectiveness, safety, and opportunities to meet, work, and train with other state and national law enforcement agencies Information and Intelligence gathering (meetings) The participating task force agencies shall work in a coordinated effort in accordance with the Memorandum of I Jilderstanding, (NICAJ') and will keep all updated copy at each department. The joint. task force personnel From the Hawaii Police Department, 1-1011011.111.1 Police Department, Maui Police Department, Kauai Police Department, and the Department ofPublicSat"ety -- Narcotics Enforcement Division %vIII continue to communicate, at least semi-annually, through face-to-face meetings, telephone, and/or email as appropriate, Continue to participate and assist in interagency investigations rnal I involving local, state, and federal jurisdictions as needed. These meetings will be used to coordinate,joint operations. training, share iril'ormation and intelligence, and discuss other enforcement efforts. These.joint, task force Operations and missions will be coordinated by the respective Vice Division Commander at the semi-a'nnua'l rneeting, The lead agency will be responsible For collecting and reporting the statistics from that joint task force mission. Each county will be responsible Cor their own expenses when their officers travel to another jurisdiction (i.e. airfare, I411-01.1nd transportation, per diem., etc.). Each officer will also follow their respective agency's -Use of'I"orce" policy. The aforementioned as well as other areas are covered within the, MOO. The MOU is reviewed on all annual basis for any needed modifications. The task force will direct their investigative efforts towards identifying and arresting mid to high level individuals involved in narcotics related offenses. Personnel will accomplish this by using traditional, as well as new and innovative investigative methods and by cultiv,ating, nianag, ing, and directing confidential informants and./or undercover officers to conduct certain activities in furtherance ofnarcotics investi,oations. Specialized Training ?n Training ofpersonnel is an essential component to the drug enforcement prograirl, Tra i 11 i 11 Q will include attending conferences and workshops with topics that will be instrumental in increasing the attendees' knowlcdoe, lilVesil"ative abilities, and work Z:� AGI CPJADr 41 (it) (Ro 01/2023) 6 performance. Training ",,III also familiarize the narcotics' officers with current and up-to- date trends of'various narcotics concerns and investi(gative techniclLies. Each officer will complete the online CT LI training within 120 clays of'hire, or every 4 years. Officers will be trained regularly in the policies and procedures and operational guidelines of the task force. All members will be trained on the proper collection, use and dissemination of all personal information and the protection of'citizen privacy and constitutional rights. Training conferences that have consistently proven to be of great value to the task force members include the semi-annual Inter -County Criminal Intelligence Unit (I.C.C.LU) conference. This conference is held at varying locations in the State of Hawaii. It typically OCCUI-S in April and October of each year and is attended by representatives of each of the island's local law enforcement agencies, as well as the various federal law enforcement agencies and law enforcement partners throughout our State. Presentations given at the conference are relevant to the narcotics trends seen in our State and are applicable to our narcotics investigations b. Another noteworthy annual training is the California Narcotics Officer Association (CNOA) conference. This conference is held in California or Nevada and occurs annually in November of each year. 'The topics presented at this conference are presented by instructors who have the background and expertise to support their teachings. In addition, the topics presented are applicable to our narcotics investigations. It is attended by new and seasoned narcotics investigators and narcotics supervisors from all over the western region of the United States. '['his allows attendees a great opportunity to expand upon their network of available resources when conducting narcotics investigations. Equipment This project proposes the purchase of a new TruNarc Analyzer to aid in the presumptive testing of drugs for rapid detection of'suspected drug evidence and to maintain officer safety win recovering illegal substances in the field. The current TrUNarc analyzer is about four (4) years old and a new model is needed to expedite field operation when multiple investigations are ongoing. The Vice Division uses this instrument several times a clay, and on a daily basis to test substances and for legal charging purposes. The TruNarc is a hand-held spectrometer used to safely field test narcotics that are scanned with a laser requiring no direct contact %vith suspected drug evidence. This instrument delivers clear, real-time results For the presumptive testing ot'Linknown substances. The TruNarc instrument tests for almost 500 substances, including narcotics, stimulants, - st mulants, depressants. hallucinogens, and analgesics and comes with a software library that is regularly updated to include emerging drug threats. This instrument provides automated, tamper -proof records with scan results,, IFICILIding time -and -date stamps to help expedite prosecution. Even little-known Substances can be identified almost instantly in the field, and the need far Law Enforcement Officers to handle potentially lethal narcotics is greatly reduced, and valuable lab time is freed up for higher priority AGICPJAD,'�I(a) (Re\,0172023) P`we 7 Cases, Investigations and Missions The task force will direct their ln\�estluativc ellorts towards identifying and disrupting an i d"or dismantlino drug tra flick i no organizations. Arresting and prosecuting rilid-level dealers. high-level dealers. traffickers and Drug Trafficking, Organizations (DTO's) \,vill be the priority of the task l'orce. Low-level dealers will sometimes be targeted in hol-.)cs Of UtiliZin(I theta and their intbriliation to inliltrate the upper-level dealers, traffickers and DTUS� Personnel will accomplish this by using traditional, as well as new and innovative. investigative rnedlods and by CUhiV'LltilhI, niatiaging, and directing confidential informants and/or undercover officers to conduct certain 'activities In furtherance of narcotics investigations. When available, Nve will provide other a0cricies with undercover police officer(s) for short- or long-term investigative efforts. Z-1 - Search warrants, buy/busts, controlled deliveries, wiretaps, etc. will be utilized as investigative tools to seize drugs, assets, arrest responsible pat -ties, and disrupt and/or dismantle drUil, traffickinu organizations. T'ask force members will direct their investigative efforts towards recovering illegal narcotics to include but not limited to cocaine, crystal metharriphetarni tie, marijuana, heroin, and diverted pharmaceutical pills. Drug Seizures This multi jurisdictional task force represents a coordinated effort involving , , county police departments along with state and federal law cilforcenient agencies. Funding will allow the SMDTF to continue to Conduct surveillance and covert operations to interdict druos, arrest drug dealers and couriers, seize monetary assets and property gained From the sate of narcotics. Community Drug Education and Awareness Educating members/groups mem community I , groups about the narcotics -related topics is important in recognizing narcotics offenses. All too often community members are affected by narcotics use; they either become victims ofa narcotics driven crime or the narcotics user is a family member/relative:. ["ducating the community about narcotics -related topics \vill provide the corni-riunity with ,in awareness of indicators to look for when narcotics use and/or distribution is suspected and inform them ol'the available steps to take when narcotics otTenses are SLISI)MCCI. Timeline In the process ofcondi cting, drug investigations, enough evidence shall be collected to arrest: suspects and to initiate prosecutorial procedures on a dally basis from the beoinnin_ of the project. The timeline for the Iiroect is I_months.s. GICPJA 1) U I (a) (Rev 1) 1 �2023) D. PROJEcr ORGANIZATION AND MANAGEMENI' The Project Director for the Hawaii Police Department shall be the Lieutenant of the Area I Vice Section. The Project Director will be responsible for the overall management of the Project and will oversee department activities xvith the Statewide Nlulti- Jurisdictional Drug Task Force. The Project Director reports to the Captain of the Criminal Investigation Division. The E. PERSONNEL The llavvaii Police Department will use existing personnel. During the project period, new personnel will likely he assigned to the task forces., as there are currently six (6) officer vacancies. Area I Task Force Officers Lieutenant Royce Serrao Detective Zachary Fernando Detective Jesse Kerr Detective Kelly Moritz Detective William Brown Officer Wyatt Kaili-Leong Officer KLIP0110 Mata Officer Louie Ondo Jr. (Rev01/2023) Paac 9 \MONTH ACTIVITIES July thru 1-l"Itilize funds to further narcotics investigations by conducting June controlled purchases utilizing confide retial informants undercover officers. . ... . ........ . . July thrU Throughout this protect period, drug presentations, to include I LHIC narcotic canine demonstrations, will be given to community school / vouth / business groups as ncquircd. July thru I Utilize fund for SMDTF operations June July B o aCC]Liire FruNarc October Send two Officers / Supervisors to the genu -Annual filter - County Criminal Intelligence Unit Collf'crelice, location to be determined (Hawaii). October Meet with SMD"1°F commanders to share information and intelligence, discuss/plan any joint operations, ti-ain]112 and other enforcement efforts. location to be determined (I lawaii). November Send two Officers / Supervisors to the annual California Narcotics OffiCel'S Association Conference (California or Nevada) --- ------------ JauLl Continue vice i�L)Cmiltions at the task -force level. D. PROJEcr ORGANIZATION AND MANAGEMENI' The Project Director for the Hawaii Police Department shall be the Lieutenant of the Area I Vice Section. The Project Director will be responsible for the overall management of the Project and will oversee department activities xvith the Statewide Nlulti- Jurisdictional Drug Task Force. The Project Director reports to the Captain of the Criminal Investigation Division. The E. PERSONNEL The llavvaii Police Department will use existing personnel. During the project period, new personnel will likely he assigned to the task forces., as there are currently six (6) officer vacancies. Area I Task Force Officers Lieutenant Royce Serrao Detective Zachary Fernando Detective Jesse Kerr Detective Kelly Moritz Detective William Brown Officer Wyatt Kaili-Leong Officer KLIP0110 Mata Officer Louie Ondo Jr. (Rev01/2023) Paac 9 Oflicer Roberto Se{�ohil (A'ficer F.hk Vodovos Officer Danny Rances, Area 11 Task Force Officers Detective Chad Tanivaina Detective Grad FlarionoIT Detective Kelena flookano Detective Kelsey Kobavlishf Officer Sidra Brown Off-icei-Justin Gaspar Officer Stephen Kishimoto Jr, Officer Adarn Cho Officer Chandler Nacino Officer Brad Hanes Additional sworn personnel include officers and detectives \,vith specialized training and experience, Nvithin the Vice Section. The following personnel assigned to the Area I Vice Section (HamakLia. North I h1c), South Hilo and Puna) are identified as; Lieutenant Royce Serrao - 26 years as a police officer Detective Zachary Fernando -- 19 years as a police officer Detective Jesse Kerr - 274 \-cars as a police off -icer Detective Kelly Monis - I () years as a police. officer Detective Willy Brown 19 years as a po I i cc officer Officer Wyatt Kaili-Leong - 12 years as a police officer Officer Kupono Mata --- 13 years as as police officer Ofliccr Louic Ondo Jr. -- 16 years as a police officer Officer Roberto Seoobia -- 10 years as a police officer Officer Elik Vodovos - 6 years as as police officer Officer Danny Rances - 21 years as a police officer The following personnel assigned to the Area 11 Vice Section (North Kohala, South Kohala, Kona and Kau) are identified as, Detective ("had Tanlyarna -- 26 years as a police officer Detective Grad Elarionol-f- - 24 years as a police officer Detective Kelena flookano - 12 years as a police officer Detective Kelsey Kobayashi - 12 years as a police oflicer Officer Sidra Brown - 10 \,cars as a police officer ()I'tICCI- JUStill Ciaspar- 13 years as police officer Officer Stephen Kishinioto Jr. -- 14 years Lis a police officer Officer Adam Cho - 7 years as a police officer Officer Chandler Nacino - 10 yearsas a police officer Officer Brad Llanes -- 10 years as a police officer 1) P-* I (a) (Rev 0 1 /2023) P12C 10 Support personnel (Police Records Clerks and Evidence Custodians) also possess the specialized training and experience needed to accomplish the goals and objectives Q('this project. F. PARTICIPAIING AGENCIES Tlie lead agency and facilitator for the County Police Departments will be the %4aul Police Department wlio will, thrOU211 the Vice Division, coordinate technical assistance, training. and manpower. Z:" 1'. The Flawail Police Department will conduct enforcement throughout the Count), - of I lawaii and request, and prmide, manpower assistance to the other Counties on an "as needed" basis. 2, The SNIDTF Is comprised of the followingcl County agencies: Hawaii Police Department Maul Police Department HOIIOIUIU Police Department Kauai Police Department State of Hawaii, Narcotics Enforcement Division Participating agencies shall include: Z� Bureau of Alcohol, Tobacco, and Firearms Homeland Security Itivestigafions U.S. Customs and Immigration F"nforcernent U.S. Postal Service National Park Service UI.S. Coast Guard Federal Bureau of Investigation U.S. Attorney Internal Revenue Service State Attorney General Department of Land and Natural Resources I lawaii National Guard I lawaii County Prosecutors Office Hawaii HIDTA G. PERFORMANCE INDICATORS Information and Intelligence gatherinI4 (meetings) Copy of MOtJ on File -"I(a) (Rev 01/2023) I'aac I I 4InUlti-iUrisdictional task 60rce inutings and Oie daics/location ofthe meetli'hl ioint task f)icc misSions. local p<qjc it)ants. daeofhe misSion. and coNthe niission took place Specialized Ti-aining, P hours of specialized training and the trainifIL, t 0 pic Officers completing slxcialized training - name and dates ofspecialized training Investigations 4multi-jurisdictional investlaatu ns 4 off)Tffs/mid .to hi( -d -I lc\'el dIstribLItOrS disrun<i 4; 'butors disruiitcd dismantled L, o.f*.D.'FO.*.s,/mId to hi(�,h leve -1. clis,n I Di -ug Seizures 4narcotic seizures: tv.c. Quantity i 1 grams, and value of drug sur srcl frOf7weapons, it of vehicles.. and total U.S. currencv seized Communit), Driq,, Education and Awareness 4 of community 11rescntqtions conducted — with date and number of communitv, members in attendance The Edwaml Bvirne MenioHal Justice Assistance C'4 -ant (JAG) Performance N'teastires: The f."Award Byrne N,lerriorial Justice Assistance Gyrant (JAG) requires grantees to report an specific Performance 'NIC1SUI-CS lor project activities. Re f'er to to locate the perlormance Measures to be reported on for the Lav,, l."Inforcement Prool-am module. Ft. PROBABILITY TO IMPROVETHE CRIMINAL JUSTICE SYSTEM ANI) SUSTAINABILITY PLAN It is highly likely that our community and our criminal justice system will be positively impacted by the successful outcomes of the task force's investigative efforts. By ensuring the task force stays abreast ofthe latest trends in narcotics importation / distribution, and by providing training to task force members that IS SIICCifiC to PUttil"1C� 0 t0gCther effective Z__ narcotics investigations, the flow ofillep] narcotics into the State is sure to decrease. With the decrease of available narcotics, law enforcement officers. and SUbSeCluently the criminal justice system, will see a decrease In the amount ol'other narcotics -driven offenses to include burglaries, robberies, thefts, crimes against persons and/or property, and the like. The Statewide Multi -Jurisdictional Drug Task Force will provide the I lawaii Police De artment %�I-ith the continued Cundino necessary to investigate apprehend mid to p Z:� gate and apl high level narcotics distributors. At the end ol'this project period, it is anticipated that all of the (,oals and obicetives will be met or Surpassed. Future grant funding will he SOLIght AG1/(TJAD 01(a) (Ro 01/2023) 112ae 12 in order to continue the objectives of this project. Task force officers will Continue to work toNvards disrupting the flow of narcotics -via the C; -ib apprehension of mid-level to high-level distributors importing and distributing illegal narcotics into and within the State of Haxvali. White the objectives may vary, existing law enforcement personnel will be LltiliZC(I to fulfill the overall goal. Ifthe need arises, additional manpower / funding assistance will be sought from law enforcement personnel from neighbor -island police departments and / or state / federal. law crit61-cement agencies. In addition. drug awareness information will continue to be presented to community / schoot/vouth / bL1',inCSS aroups as requested. Task force officers have been seeing 'net v an increase in DTO'S {Drug' Organizations) with members on Multiple islands within the state. Continuing Joint operations are essential to gather information and ensure that all DTO ineiribers are apprehended. If the Statewide Multi -Jurisdictional Drug Task Force projects are not supported in the future, we will see an increase in DTO'S, street drug crimes and violence due to drug use. AG/(,',P,IAD !I (a) (Rev (1112023) flag? ! 13 PROJECT ACTIVITIFS AND TLYIETINE, I4/ I o I this tcInpla 10 10 occulo I/ for the /I I op I ht r of,prol'!ct oljceti IC's cored 'I cli I' ilics. To add mon-, activities, add roots to the ulydic"'IbIc lable Tar add Inon", objeclives, co/I> and past" Ille ewire lable. OBJEC"I'lVE 41: 1 �- ----- Activity Responsible Anticipated Completion (X) N---L-I, m- -b- e -r - ----- ------- Description of Activity Individual(s) Jul -Sept'10ct-Dec i-anMar�Apr-Jun I I Q1 Q2 Q3 Q4 I Ensure law enforcement agencies in Project x different jurisdictions work too ether as a Director single enforcement entity willi the ability Task Force to improve communication, share Officers intelligence, and coordinate activities through a Memorandum of Understanding ��I 0 U). OBJECTIVE 4: 2 Activity Responsible Number Description of Activity Individuals) I Increase collaboration and sharing of Project resources pertaining to narcotic Director i investigations, interdictions and missions r Task Force throu2ii semi-annual mectim-1s. Officers AGATJ W 41ta1 (ReN 01 '2023) Anticipated Completion (X) ul - Sept!Oct - Dec 1. Jan - Mar !Apr -Jun QI Q3 Q4 x OBJECTIVE #-. 3 Activi Anticipated Completion (X) Anticipated Completion (X) ty N u in 1) 1 Responsible Jul Oct — Jan — 1 Apr — Individual(s) Sept Dcc Nlar Jun Responsible — T, I T— r, 6-ct Jan Apr — Q1 Q2 Q3 Q4 Description of Activity Individual(s) Sept Dcc Alar Jun cr organizations in the community by Director QJ Q2 Q3 Q4 disrupting and/or dismantling DTOs or Increase the ability to complete missions Project x Officers across Hawaii by participating in joint Director task force missions across the State as Task Force Officers requested. OBJECTIVE #: 4 Activi Anticipated Completion N Responsible J�I N ii in Oct .-- 1 Jan— Apr— Description ActivitIndividual(s ben ) Sept i [)CC Ma r J if 11 i )l Q2Q3 Q4 I IIncrease the knowledge of vice officers Project x by providing specialized trainings in Director topics pertaining to narcotics, canine -I'ask Force handling issues, conducting high quality Officers narcotics investigations, current drug trends, smuggling and distribution techniques, confidential informant development and management, office" safety, and State/Federal laws that impact the task force. OBJECTIVE #t: 5 Activi Anticipated Completion (X) Nuiub lf Description ofActivitv Responsible Jul Oct — Jan — 1 Apr — Individual(s) Sept Dcc Nlar Jun er Q1 Q2 Q3 Q4 crca number of drug trafficking FD c sc the P1 oject X organizations in the community by Director disrupting and/or dismantling DTOs or "task Force mid to high level distributors. Officers AGICIIJAD #1(a) (Rev 01/2023) fla,-,e 2 OBJECTIVE #: 6 ly i Numb Description of Activit), I Reduce the number of drugs on the strect 1)), seizing narcotics as applicable. OBJECTIVE #: 7 Activi Anticipated ("onipletion (X) Responsible Jul Oct----Jan— Apr — Individual(s) Sept- Dec mar Jull Numb Q Q2 Q3 I Q4 Pro,ice( er x Director Sept Dec Mai- Jun 'rask Force Q J_ Q2 Officers thenumber—ofdrug assets on the Project OBJECTIVE #: 7 Activi ty Anticipated Completion (X) Numb Responsible Jul — Oct — [all — pr — AQ4 er Description of Activity Individual(s) Sept Dec Mai- Jun Q J_ Q2 thenumber—ofdrug assets on the Project x street by seizing weapons, vehicles, and Director U.S. currency as applicable. Task Force Officers OBJECTIVE 4: 8 Activi J nticipated Completion (X) Respo lsll)lcNumb ul — Oct— Apr — Description er Description of Activity Indivi:111al(s) dept I Dec Mill- Jun QI Q2 Q3 Q4 Increase the knowledge of communi TProject N , u) ein bers/grou ps by giving presentations Director in drug demand reduction at schools and Tnsk Force in the Coll) ill ull itv. Officers AG,'C11,1AD 41(:0 (Ro 01/2023) c 0 0 0 LT.U) 0 CoL Ir (0-) U) ol .5; 0 0W ❑ 0 0W 4t 01 10 CL O Z; 0- 0 I — o m C: m co I 'Rim C 0 0 'Zl 0 'Z RUI Ln CL U w 1*5: o 0 0 0 o 0 0 0 tj F5 0 oof 00 CD -@ vQ 65 0 01 ca p x LE; a Y. a) 0) M E -6 E -6 0 0- 0 - - ! �! - 0 m - 0 -- zr, .0 .00 CL D ci 0 C 0 CL 0 .= cu 0 D- L) w 20 CD 0 c M cz u E p I ID 2 LL CD O U 0 W (D E 0 as U - U) co -6 cm 10 O 0 a) 0 U) 00 N CL U) 0 0 m .0 '0 (DCD U E o CU — 0 00 R c 0 ) — U) 0 D .2 E 75 Ok CL 0 cs 4- 0 C t0 in j t CX 0 CL cn cu 0 L) c E p I ID 2 LL CD O U 0 W U) co 00 N CL 0 0 m .0 '0 (DCD U E o 0 — 0 L. 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Q) (U ru - vl ry 0 c ra > L'I 1.3 0 _0 (D — — =, C �2 C) C: C M CD I - .— cj - tl LL >, 7z- ra *Z:0 C: Ln C) C Q) E a) o — u CL CS C: 0 u 0 u _0 -C 0 �S) C) u 0 u 0 LI) U 4-r), C) _0 v_L) z E E WW M C) = 0 0 Ln 0 0 CD CD C 0 0 0 0 Ln ZT +.h C'j c Ln M, to cc 0 rl-j 00 N eL 06 zs LL .0 ir, Vs aj U < 0 c Ln Ln V} vr r"I 0 Ln V)- I_rlth m k.0 cc 00 06 CL 0 O 00 tJ0 Z to m u co CL E E u V) V) C, Ul 0 > ru CD m tCy�LL/) U- LJ V) E E WW M CER,rIFICATIONS * «cccptallcc ofCondi Qom (AG/CPJAD 7'1]4) * Acceptance of JAG Spccial Conditions (AG/CPJAD 4`26) * Certification of'Non-Supplanting (AG/CPJAD 43) * Certification 0£/ on -Discrimination (AG/ClIJAD 1415) * Certification ol'Non-Discriminati011 Com PI/llt PrOMILlreS (AG/CPJAD 40)0) ® Certification Form -- Compliance with the Fqual Employment Opportunity Plan Requirements ( MB Control No. 1121 -03 )40) * Certification Regardim, Debarment. Suspension, Inclioibility, and VOILintary FINCILISI011 Sower Tier Covered Transactions (SUb-Recipient)(OJP 1, orm 4061/1) * Confidential Funds Certification (AG/CPJAD 418) E" X 11 1,B IT 13 (JAG FY 2021 (County) Rev. 09/2022) DEPARIAlEgrOFTHE AT I ORNEY (HAERAL (,glint; Pavenkm and Jumkc Misuince Division Ile undo nyval agrees, on MAW die applicant agency, dinit: 1. This pMVcL upon app ovaL shall constitute an oMdA Pam or i Walk Dnig Control and System Improvement Fom-nda WH Progrwn cwtablkhed unkrIlle Q StAxitleQ Pam F. Subpart Wthe Anti -Drug Abuse Acd of 1988 (Public Lav, 100-690). 2. Any grant awarded pursuant to this application hall be subject to and will be adndriNtend in confornlity with: (a) general conditions applicable to administration or grants under Title Vl, Subtitle C, Part F., Subpart 1. of the Anti -Drug ,,,\ use Act of 1988 (Public La" 100-690), as wariended, as applicable; (b) conditions applicable to the fiscal UninksmOn of -grants mclaTAN VK Subtitle C Pan E, Subpart 1. of the AMkDwg ,Abuse. Act or 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 Pmvcution and Justice Assistance Divishn. 1 Any .*mint received as a result of this application nay be terminated, or fund q,rnmit may be CfiSCOulithled, by the Crime Mention and Jurke Assistance Division when it find; a substantial f',1ilUFe to COHIPIy %vith Ow Ongoing provisions, the application obligations or l'or non-avadabiliiy of M�wl SUBWOrry �17 Signature:: Date: Milne: Mitchell D Rath Tido: Mayor Agency: Hawaii Police _P_ep_artlle�!2LCounty _2f Hawaii AWMAD M OND2 DUARTMENT01"'I"I IF ATTORNFY( ' ;FNINERAI, Crime Prevcrition and Justice Assistance Division ACCEPT.ANCLI, (A"JAG SPLCIAI. ("OND14JONS The Undersigned Grantee Understands and agrees, on behalfol'its agency that: 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 behall-ol"the Grantee that relates to conduct during the period ol'perlormance also is a material requirement of this award. L, Faihll-C to COMPIV with any (.-)lie 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. Amon:- other things. CPJAD may withhold award funds, disallow costs, or suspend or terminate the award. The Department ofJustice and CPJAD also may take other legal action as appropriate. An\, materially false, fictitious, or fraudulent statement to the state and/or federal government related to this award (or concealment or omission of material fact) may be the SUbJCCt of -criminal prosecution (including under 18 U.S,C 1001 and/or 1(121, and/or 34 L)'.S.0 10271-10273), and also may lead to imposition of Civil penalties and administrative remedies for false claims or otherwise (including under 31 I I,S,C. 3729- 3730 and 3801-3812). Should any provision of reClUirernent 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 b\1 law. Should it be held, instead, that the provision 15 Utterly invalid or Unenforceable, SLICII provision shall be deerned severable from this awrard. Applicability of Part 200 Uniform Requirements Grantee agrees to comply \vith the financial and adlll in iStratiVC re(lUirCnler1tS Set forth in 2 CTR. Part 200 and the CL11-1-Cilt edition 01'01C Depal-1111C111 Of'JUStiCC (DOJ) Grants financial Guidc. Grantee understands and m,,rccs that CPJAD rna} withhold award I'Linds, or may impose other related requirements, if the Grantee does not satisf"ictorily and promptly address OWSIandiIll 11 1 g iSSLICS frorn audits required by the Part 200 Unif'or i Requirements (or b\ the A(J ('11JAD :i26 FY 2021 JAC Spx:ciu I Conditim I", (I - Q', iCj o-; '022) terms o[thioav/mz|,orother ootsr*ndin()issues that ariscinconnection with audits. invcdion ious, orreviews o[CP1ADawards. 3. Reporting Requirements Grantee shall comply vvith all reporting, data collection, and evaluation requirements, as prescribed bylaw and detailed hvthe BjA inprogram LTuidancctor the Justice Assistance Grant Program. Grantee shall complete D]&-ruquircdreports On-line usiog,the Performance Nlcuyunymuot Tool (PKJl). The on-line reporting syscem vvi|| require auscrnorne and password to log oo. The useroameand password wi||beprovided by[P]&Dafter the contract iy executed. The MIT web address is: litt The B]Areporting periods and due dates are: = January l —Nlurch3\ Due: April 15 " &pri| | — June -10 [)uc Ju|V 15 • July | —3cptcnubcr30 Duo: October 15 " October |— December 3| Due: January 15 Any law enforcement agency receiving direct orsub-awarded JAG hmdingnoua( submi( quarter|yuocouutabi|i/y metrics data related to training that officers have received on thu use uF|brcc. rouiu| and ethnic bias., de-escalation n[unoUict,and constructive engagement with tile Public. Girantee shall submit a Serni-AnnUal Progress Report to CPJAD every six (6) months following the calendar year. The progress report is to cover activities that tile Grantee has completed durin�that opodinAperiod. The mcmi'aunua|rcponin�periods and due dates are: " January \ — June 30 IJuc July 15 • July | — December 3} Due: 1onuary 15 /\ Final Pnn&rccsReport isdue 3Odays after the pr jcczeuddatcendohou|drepod cumu|uhvdyonthe entire p jootperiod. Thd cuppnoprioicropo6>nnwill be provided toeach p jcctby[PJ/\U(&(}/CP]/\D#20).ThoropoUxhoUcootuinin[brmo1ioo describing progress, accomplishments, activities, changes, and problerns during the report period and any additional information specified by thcCP]&[). 4. DOJ Regulations Pertaining toCivil Rights and Nondiscrimination 6nzntmo, and an), nubgmntccutany tier, mugcump|y with all app\icab|on:quiozmcn1s of 2XC.F.K.Part 38. A&CPJA 1) ;-26 FY 202 1 JAG Special Conditions (revised 04,`2022) Amom,� other things, 29 CF.R, Part38 includes rules that. prohibit specific forms of discrimination oil the basis ol*reli-ion. a religious belief. a refusal to hold a 1-6(00LIS belief' or refusal to auctid or participate in a religious practice. Part 38 also sets 01.1t RIICS and r exjl.lircrnents that periain to Grantee and subgramcc organizations that en ga-e ill or conduct explicitly rcli(IiC)Us activities, as well as rUICS 'Ind reqUirements that pertain to I C� &IranteCS and SUburantees that are faith -based or reli-ious or-anizations. -1 lie text (Iffthe regulation, now entitled with f= Should any question arise as to whether a particular use of federal funds by a Grantee (or oubrccipicnUxmu|d or might [uU within the scope ofthese prohibitions, the Grantee is to con\uotCPJ/\I) for guidance, and may not proceed without the express prior written approval ofCP]/\& 6. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct Grantee and any suhceciPieot ("ou )uKunybcr,cnustprmnoUyre[ertotbcD0J Office ofthe Inspector General (OIG) any credible evidence that uphnoipa|, employee, agent, contractor, Subcontractor, or other person has, in connection with funds Linder this award — l) submitted uc|aim that violates the False Claims /\ct� *r2) coonnniUod a criminal orcivil violation oflaws pertaining \V fraud, conflict oFinterest, bribery, ,aratuity. orsimilar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds Linder this award Should be reported to the OfG by online Submission accessible via the OIG v/chpugoo1 (Select "Submit Report Online"), or by: h4oi|: Office ofthe Inspector General U.9.Department ofJustice Investigations Division ATTN: Grantee Reporting V50Pennsylvania Avenue, NYV Washington, DC2Oj3O-00O| Hotline tliz O02)6|6 -988l Additional iufonnximu is available bom the DOJ OIG website at 41D-S.C.47I2(including Prohibitions unReprisal; Notice tuEmployees) Grantee, and any anhprun1cc at any tier, must comply with, and is subject to, all applicable provisions of4| U.S.C. 471I including all applicable provisions that prohibit, undorspcoifiudcircumstances,dixcrinninu1iooaguinsiuncmp|myecosrcprisu|fbrtbe employee's disclosure mfinfbuna1inn related tngross mismanagement ofufederal grunt, agross waste offederal funds, uoabuse ofauthority ro/u1in�0oafederal grunt, a substantial and specific danger tupublic health or safety, oraviolation oflaw, rule, or regulation related to a federal grant. Grantee also must inform its employees, inwriting (and in the predominant native language ofthc*orkfbruc),ofemployee rights and remedies under 4| U.S.C. 4712, 8. Federal Leadership on Reducing Text Messaging While Driving Pursuant to Executive Order 135 13, "Federal Leadership on Reducing Text Messaging xCY/Cp1Ao1420FYz0|JAG Special CmWkion(revised o4/20I2) Whiie Driving," 74 Fed, Rco, 512.25 (October 1. 2009), the (PJ A D encourages Grantees and Sub-Ql-dllICeS to adopt alld enforce policiLS hallilill(' C1111110yeCS fi-0111 ICNIL nlCSSa�IiM_I, while driving any vehicle during UIC Course of'performing work funded by this grant. and to establish workplace safety policies and COLICILICt CCJUCltiori. aww areness, and other outreach to decrease crashes cause(] by distracted drivers, 9. Coil] plia lice Grantee agrees to comply with all applicable laws, regulations, policies. and t,,tLidancc (including SpeCit-IC Cost limits, prior approval and rcl-lorting l°C(IIIII-(II)CRIS, where applicable) governing the use Of' i&leral funds for expenses related to con J` rcnces. rneetinggs. trainingsand other events. Information oil pertinent laws, regulations. policies, And guidance is available in the DOJ Grants Financial Guide Conference Cost Chapter. Grantee Lill derstand s and agrees that any training or training materials developed or deli\,ered \vith funding provided under this award ITIUSt adhere to the OJI1 Training, GLlidinu, Principles for Grantees and Sub -grantees, available at Ilt4)S: /%NV D. UOVALI lid i nu/ i till) Icill ell L/tra in ill U-ULI id i n L-nri nc 1 SUbgrantecs 10. Duplicate Award of Federal Funds Grantee agrees that if it Currently has an open award of 1ecleral funds or i fit receives all award of federal funds other than this CPJAD award, and those award fund,,.-, have been, are being. or are to be used, in whole or in pari, for one or more of the identical cost items 661- which funds are being provided under this CRIAD award, the Grantee will promptly notify, in writing, the assigned Criminal JLlSIiCC Planning Specialist for this (.'P.J,,ND award, and, if so requested by CFIJAD, seek a budget or project narrative modification to chrilinate any inappropriate duplication Of funding, 11. Information Technology Compliance To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for la\\, enforcement information sharing systems which involve interstate connectivity between _jurisdictions, Such systems shall employ, to the extent possible, existing; networks as the communication backbone to achieve interstate connectivity, Unless the (Irantee can demonstrate to the satisfaction of BJA that this requirement Would not be cost effective or would impair the functionality of ran existing or proposed IT system. 12. Restrictions and Certifications Regarding Non -Disclosure Agreements and Related INIatters No Grantee or subgrantee Under this award, or entity [flat 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 A G'C PJA 1) a-1'26 FY 2021 JAG Spot ial Coi�dki ),, - \ (4,20 2) � I�i�c isQj 1, -1 - 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 ora federal department or agency authorized to receive Such information. 13. Prohibited Conduct Related to Trafficking in Persons Grantee, and any subgrantee at any tier, must Comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Grantees, subgrantees, or individuals defined (for purposes of this condition) as "employees" of the Grantee or orany 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.�,yov/fiiiidiiif-,,rExplorc/Pi-oliibitedCoiidLict-Ti-afFickiiiL.htiii (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. 14. General Appropriations -Lav 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, for each fiscal year, are set out at httlis.//\N,ww.oip.,gov/f'titidiiig/explot-e/award-conditioii-. �s,enei-al-al)L)roL)riatioiis-law-restrictionS-Ll,se-i'eclei'al-,twai-d-ftinds-fv-2021 and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee Would or might fall within the scope of an appropriations -law restriction, the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 15. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information (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" (Pll) (2 CFR 200.1), if Grantee 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses. or disposes Of Such "personally identifiable information" within the scope of the grant -Handed 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 PH to the assigned CPJAD grant manager and to hawaiiag@i,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 ACY/CP.JAD tt26 FY 2021 JAG Special Conditions (revised 04/2022) an imminent breach. dcseriMiono[ucUual or immincn1 Wuch' p �ccL numbu� pn�cz\ title, namco[(J ran tee. and (3nmteccontactin6znna|ion. 16. Emp|vymcn( Eligibility, \'oriDuuhon fory]iriug LOW tbc4`v,mr6 Gmn|mc. and unysubrecipicxt (-subgmmec-)n1anyiiur,mum: u)ensue that. xupan WAS Wing prooess tbruny posibon wi\hin Ubc United Gia]csdba1 is or will be k/ndod On mho(c or in purg with amun] k/ndi the {huo|ce (or any aubL_,ruo|ce) properly periDec|hcemployment c{iobi|ityorw* individua| who is being hircd,cvnais1ontwi(h(kepnoviminnoo[8U.SI. 1324n(a)(|)� b) ncxi[,u|| peruons ossuuiuud with Be Gmowc (or any subgrantee) who are or will be iornivcd inuuhviiies tinder this on/urd of both this award rcquiremCni KorvChUcohonof cmp|wymcnic|iAihi|ky and thcusomoio1cd provisions in B U.5I, 1324,1(a)(1) that. gcncnzUy speaking, nuke iL un|anfuL in the Uni(cd States, to hire (or recruit Cor employment) certain aliens: c) providciruining no (bues1ani ncocssory) to Unuoc persons required by this condition to be noLikd ofthc uwon] requirCmcn1 hnrcmp|oymun( eligibility verification an(] o(chc associated provisions uf8 US. [ 1324u(a)O): und d) as pan of recordkeeping Rw Be award (includinf-I Pursuant to file Part 200 Uniforin Kcquircmcn|x),nnaiotoin noondso[aU cmp|uymcn\eligibility verifications pertinent to ccmp|iuuce pidzi6isaward condihon inacoonJoncowith Form 1-9 reuondcd ncAc/«ioo ocquircmon1s.os well as ccconiyo[a|\ pcniorn|no|i5coLionsand inziniogy. Por1hc porpnscau[Lbiscondi\km, persons ~xhotire orwi|| be involved in aobvihcs undcrihisowand"spcc(ficoUyioc|uden(xithoot6mibhon)anyaoduU0ran/ec(oruuy subgroo(cc) oU5da|surother sbKwho are orwiU he involved in the hiring process with respect Loapoaidoo?at iyorwill be funded (W whole or in por) n/iUhaward [unds. For Be pwposes of satisfying the reclukement ordAs comihkn regaNing verification of' employment eligibility, the Grantee (or auI subgrun\cu) muy cboose to participate in, and use. E-VcriFv ), provided uuappropriate person authorized toact on behalf nfthcGrantee (or subgrantee) uses IE -Verily (and follows the proper E-Ycrifv procedures, including iothe event u[u°Tru1u\iveNooconfirmabon'`oru''Finui NonconUnnoJion'`} to condrm employment c|igiN|iiy fbrcuch WnA |6rn posidon in the United Siaiosthy1 isur"Al be h/ndcd(in vho|cor in ponU xirhawuod Rinds, 17. Dcncrmimoboo *fSuitability tu Iutcruct*/i{h Yxrboipudug Alinoo Thia condition applies /o Us uvund if it is indicuiod in We xpp|icudcm [hruvsrd (us appr)vcd bvCP//\Cq(orin We upp|icabon Ourany xubuounJ at my \iur). Be hunding, announcement (so|ici(u<ioxy or an associated ['Cdcru| or stulc Statute -that n purpose Of' DEPARTMENT ()FTI IF AT"1ORNli,Y GF,Nt RA,L Crime Prevention and Justice As.sisttrcic:e Divisum C'I:l I1I lt'A'1'1()N (fI' NON-DIS('RII;iINAI ION certify that the applicant agency ',vill comply with rand v01 insure compliance hY its subgrarntcc's and contractors wills rile roll -discrimination requirements of: • The Omnibus Crime Control and Same Streets Act of 19(18, as amended, which prohibits discrim,hmiion oil the; basis of race. color, national e.nig,in, religion, 01' sc:x, in (:;)(Mice 01' RlStice Programs, Ot'fice of Communky Oriented Policing Services, and Office on Violence Against `+a+'orraen funded prof-ranis or activities, (12 t., 4.(_'. §3789d and 28 C ,F'.R. §41201 el L eC.) • T!tie V1 ofIthe Civil Rights Act of 1964, which prohibits discrimination oil the basis ofrace., color or national ori4oin in Office of Justice Pro(_,,rarlls, Office of, C'ommurtit) Oriented Policing Services, and Office cin Violence Against Women handed programs or activities. (42 U.S.C. §200()d and 28 C.1=.R. §42.101 et sect_) • Section 504 of the [rehabilitation Act, which prohibits discrimination on the basis of disability n1 Office ot'Justice Programs. Office ofCornmunity Oriented policing Services. and Office on Violence Aotdrist Women funded programs or activities. ('19 U.S.C. §794 and 28 C 1=.R. §42.501 et sect) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on tole basis of race, color, national origin, rein-ri<;rn, se.y, czar disability illVOC"t� fund c; l�rograrns or activities. (42 U.S.(:'. § 10604) • title Ii of the Americans with Disabilities Act of- 1990, as it. relates to discrimination oil the basis of disability in Office of Justice Programs, Office of Comtrlurlity Oriented Policing Services, and Office on Violence Against Women funded programs or activities. (12 U,S.C. §12132 and 29 C.I:.IZ. Pt, 35) • Title IX of the Education Amendments of 1972, as it relates to discrimination oil the basis of sex in Office of Justice Programs, Office of C'ornnlunity Oriented Policing Services, and Office ora Violence Against Women funded trainino or educational programs. (20 U.S.C. §1681 and 78 C'.1"K Pt. 54) • The Age i)iscrimination Act cap' 1975 as it relates to services discrimination on the basis of age in Office c:tf Justice Prograrns. Office. ofC'ommunity Oriented Policing. Services, and Office oil Violence Against Women funded pro,7rams or activities. (42 U.S.C. §6102 Gard 28 C.F.R. §42.700 et s V • Executive Order No. 13166 prohibiting discrimination ol" Limited English Proficient Persons. • Executive Order No. 13279 and 28 ('.P.R, pt, 38 regarding; equal protection of file laws for faith - based organizations. • The Violence Against Wonlen Reauthorization Act of 2013, Put). L. No. 113-4, 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, reli<gion, national ori0in, sex, gender identity, sexual orientation, or disaJbility in any program or activity funded in whore or in part with funds made available through VAVVA or the Office on Violence Against Women. (42 U.S.C. § 13925(b)(13)), No person shall, on the ,;rounds of race, calor, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of', be Subjected to discrimination under, or be denied employllient in connection with any program or activity funded in v,+,hole or in part with funds trade available under this title from the U.S. Departnnerlt of Justice thr01.1;:rh the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination re<Orulations may result in the suspension or termination of fu ndirtg;. SUBMIT" I CJD BY: Signature: Date:? Name: Mitchell D. Roth Title: M Agency: -Hawaii Police Department, County of Hawaii rlGC'PJ.AD 15 (rc4 iscd 7 201 5) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 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, County of Hawaii (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: Benjamin T. Moszkowicz 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. awffuv a -Ilyd 113 M1. __57 I�V Signature: -Date: Name: Mitchell D. Roth Title: -Mayor (Head of Agency or Designee)_ AG/CPJAD #30 6/2010 CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements PIcase read corefidli, the lnstruclioi7s (Yee be/ou) and then coinplete Section ,4 or Section B or Section C, not till three. ll -recipient completes Section -I or (' rand siib-gi-o)itstisitigic award over,5500,000, in addition, please corn pletcSection 17, Recipient's Name: Hawaii Police Department, COWIly of Hawaii Address: 349 Kaprolani Sirect, Hilo, Hawaii 96720 Is agency a, a Direct or n Sub recipient of OJI1. OVW or COPS func w Enforcement Agency? r� Yes n, No .,DUNS Number:613154335 I Vendor NUT11171ff (Only if'direCt recipient) Name and Title of'Contact Person: Royce Serrijo, Police Lieutenant Tcle)hone Nurnber:808-961-2253 7 F -Mail Address: Royce, Serrao@hawaiicourity.gov Section A—Declaration Claiming Complete Exemption from theEEOP Requirement Please check all the .161lowing boxes that apply. F1 Less than filly employees. t.a Indian THbe c Medical Institution. o Nonprofit Organization C.1 Educational Institution i'j Receiving a single award(s) less, than $25,000. [responsible official], certify that [recipient] is not require(] to prepare an EE,01' for the reason(s) checked above, pursuant to 28 CY.R § 42,302. ) fiirthf-,r (,pt-tif-v thni r'—_ ....... -'l L' " fl/fe-flf I will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. a single cint,ard over 5500,000, in addition, please complele Section D 1'riru or 1'y Name and T(de Sisnotitre Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Revievv, ll'el recipient ogencl, has /i/?v or 11101-e emplo-Vets and rV receiving asiikg/,! award or, slihoward, ql_S25,000 or more, but less than S.500,000, darn dw r-ecipient eigenc.v does not have to submit an k"I"'OP to lbe OCR /or- 1-cvi'ns os lol;ig asit eertrfics the loflowhtq (42 C.V R. § 42,305 .' 1, Benjamin T. Moszkowicz --------- [responsible Certify that Hawaii Police Department Irecilfient], which has fifiv or more employees and is receiving a single award or SUbaward for $25,000 or more, but less L than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last I 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 Ior Civil Rights, Office cif Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Hawaii Police Department organization], 349 Kapiolani Street, Hiio, HI 96720 Benjamin T. Nioszkowic?. Chia of Police UL 2023 J------- -- .- Print or 1_ype A."ame and Tale S'i '11ai Y, Date Section C—Declaration Stating that an EEOP Short Form Has n Submitted to the Office for Civil Rights for Review h recipient qgencj, hasfil%y or irrore employees and is receiving a su single a mustsendan EEOPShort Foi-ni to the 0C1?,fi)r revicw!ward, oorbaward, qf$500,000 or more, then the recipient ogyenc)� l, - [responsible qfficiafl, certify that frecipient], which has filly or more employees and is receiving a single award of $500,000 or more, has fOrniUlated an E' OP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [elate] to the Office for Civil Rights, Office ol"Justice Programs, U.S. Department ol'Justice. ll"recipient sub -grants a single at,rard over S500, 000, in addition, please complete Section D Print or Type :Vann arra''Title Si>nantre Date 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. Z� - L'. All awards from the Office of Community Oriented Policing Services (CO(IS) 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 (O.I.IDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women (OVW) are also Subject to the EEOP requirements. If you have any questions as to whether Your award from the U.S. Department of.lustice is Subject to the Safe Streets Act's EEOP requirements, please consult your grant award docurnent, 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 5500,000, in addition, please complete Section D. Section A The regulations exempt some recipients from all of the ESOP requirements. Your organization may claim all 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 A10101.1011 the regulations require some recipients to create, maintain on file, and implement all 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 (love rn inent, all 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 claire the limited exemption from the submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP oil Z:�, file has been prepared within twenty-four months of the date of the most recent grant award, Section C Recipients that ('I) are a unit of state or local government, an agency of state or local government, or a private business, I cind (2) have fifty or more employees, wid (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the OCRJOr 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 4 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 tile signed document to the following e-mail address: t_`FOPForrns(�7),.usdq ' j.gov. The document must have 1he./bIlolving 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, 310 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027). OMB Approval No 1] 21-0340 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 Lis with information. 'rhe 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 OFJUSTICE OFFICE OFJUSTICE PROGRAMS OFFICE QFTHE CONIPTROLLER 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 2G.1988Federal Register (pages 181G01B211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ONREVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently deborred, suspended, proposed for debarment, declared ineUgib|a, or voluntarily excluded from participation inthis transaction byany Federal department ofagency (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach anexplanation tothis proposal, Mitchell D.Roth KAavo/ Name d Title of Authorized Representative Oee '712 Signature Date Hawaii Police Department, Countv of Hawaii Name of Organization 34SKapio|aniStreet Hikz, HI 96720 Address orOrganization OJP FORNI 4061/1 'REV 2/89) Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prospective lower der participant is providing the certification set out below. 2. The certification in this clause is a mahahe| 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 oerti6cetion, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal issubmitted 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," ''dabamsd." "suspended," "ineligible," "lower her covered transaction," "participant," "penson." ''phonery oomsnad inanaechon." "principal," "proposes," and "voluntarily excluded," as used in this duusa, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order i2548 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it mhoU not knowingly enter into any lower tier covered transaction with e person who is debarnad, suapended, declared ineligible, or voluntarily excluded horn participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. O. 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 modifioohon in all lower her covered transactions and in all solicitations for lower tier covered transactions. 7, A participant in a covered transaction may rely upon a certification of prospective participant in m lower tier covered transaction that it is not debarred, auepeoded, ine|igib|e, or voluntarily excluded from the covered tranaachon, 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 NonproounementLiaL O. 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 participant is not required to exceed that which is normally possessed by a prudent person inthe ordinary course ofbusiness dealings. 9. Except for transactions authorized under paragraph 5 of these inatruubona, if participant in u covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, dnbarned, ine|igib|e, or vn|untary excluded from participation in this tranooution, 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 (I)TUIE ATTORNEY G !A ERA I. C!-illIC PI�CV011601! Mld JUSIiCk: A,�sislance Divi ion HAS is to Certify Mat I have read all of We cmulidons Or confidential finds as set Koh in the effec(ive Ccliti,:)n of OMCC ONUNCe Progmnf s Firwricial Guidc. and I agorce to abidc b� ail tl%� cond4ions for conlidential binds as set Koh in Me manual. SUBIMITfiat) BY: Signature: Name: Mitchell D. Rona TMY Mayor Agency: Hawaii Police Department, County of Hawaii AGUNAD AS 050)