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HomeMy WebLinkAboutCOM 0108.031 2022-2024 Mitchell D.Roth °'c.� • \�4 Benjamin T.Moszkowicz Mayor rt Police Chief Tp OF'N.'� County of Hawai'i POLICE DEPARTMENT'-, 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 ra Q cp (808)935-3311 • Fax(808)961-2389 4* ') • .„ - `_' DATE: JANUARY 4 2024 1m TO: HEATHER KIMBALL, COUNCIL CHAIRWOMAN ANDCD COUNCIL MEMBERS VIA: KAY OSHIRO, CONTROLLER AyerFROM: BENJAMIN T. MOSZKOWICZ, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 22-63, SECTION 7(1) Name of Grant Program: Paul Coverdell National Forensic Sciences Improvement Grant Grantor: Department of the Attorney General, State of Hawaii County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 22-CD-01 Amount of Grant: $96,360.00 Amount of County Match: None County Revenue & Expenditure Account Numbers: 010.201.5216.47:3308.95 Grant Period (Commencement & Completion): Nov. 1, 2023 to Sept. 30, 2024 Purpose of Grant: To provide technical training & equipment for digital evidence for investigations Is final report required by grantor? ki Yes No Notification attached: IA Yes No, because Comm. No. 10g. �I Ref. To: "Hawai'i County is an Equal Opportunity Provider and Employer" Ref. Date MAY 3 1 2024 AGREEMENT by and between the DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII and the Hawaii Police Department, County of Hawaii Relating to Project No. 22-CD-01 This Agreement("Agreement") is effective as of November 1, 2023 ("Effective Date"), by and between the Department of the Attorney General, State of Hawaii("Agency") and the Hawaii Police Department, County of Hawaii,whose business address is 349 Kapiolani Street, Hilo,Hawaii 96720("Grantee") (collectively,"the Parties"). RECITALS WHEREAS, Public Law 106-561, the Paul Coverdell National Forensic Sciences Improvement Act, as amended (hereinafter "Act"), authorizes funding to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes; WHEREAS, the Governor has designated the Agency to serve as Hawaii's State Administering Agency for administering the federal financial assistance under the Act; WHEREAS, Agency applied for Paul Coverdell Forensic Science Improvement Grants Program—Formula(Coverdell)Funds in the form of a Coverdell award; • WHEREAS, on or about September 27, 2022, the Bureau of Justice Assistance ("BJA"), which is a component of the Office of Justice Programs ("OJP"), U.S. Department of Justice, awarded Agency $293,954 in Coverdell Funds, Award No. 15PBJA-22-GG-01954-COVE ("Award"); WHEREAS, Grantee is qualified to receive funds available to State under the Act and its respective implementing regulations, contained in the Coverdell Solicitation, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), and has submitted an application to Agency for receipt of the same as a subgrantee, a copy of which attached hereto as Exhibit"A"; WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that Grantee has demonstrated that it is ready, willing and able to perform the services described herein, and that Grantee is capable of using the requested federal funds appropriately; and (Coverdell FY 2022(County)Rev. 03/2023) r WHEREAS, Agency is satisfied that the requirements of the Award have been met for purposes of entering into this Agreement. AGREEMENT NOW THEREFORE, the Parties, for and in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the receipt of which is hereby acknowledged, agree as follows: 1. SCOPE OF SERVICES Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Agreement, furnish all labor, materials, and equipment necessary to satisfactorily perform the services (hereinafter, "Scope of Services") described in Parts II and III of Exhibit"A,"attached hereto and incorporated by reference herein. 2. PROJECT PERIOD Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part I of Exhibit"A." 3. TERM OF AGREEMENT The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on the date Agency accepts the final financial reports (Request for Funds and Cash Balance Report ("RFF") and Project Expenditures and Obligations Report ("PEO")) from Grantee under this Agreement ("Termination Date"), unless-sooner terminated as provided herein or as otherwise agreed to in writing by the Parties. 4. REIMBURSEMENT (a) Subject to availability of funds, Grantee shall be reimbursed for all actual, allowable, allocable, and reasonable costs it incurs in performing the Scope of Services under this Agreement in an amount not-to-exceed ninety-six thousand, three hundred sixty and no/100 dollars($96,360.00) (hereinafter,"NTE Amount"). Grantee acknowledges and agrees that it will not be reimbursed for any costs it incurs in excess of the NTE Amount in performing the Scope of Services under this Agreement. (b) Grantee acknowledges and agrees that Agency's obligation to reimburse Grantee is subject to Agency's receipt of federal funds under the Award, and at no time shall this Agreement be construed as an agreement to reimburse or compensate Grantee with funds other than those which are received from the federal government. Grantee further acknowledges and agrees that federal funds under this Agreement will be used to supplement, but not supplant,state or local funds. Failure of Agency to receive anticipated federal funds shall not be considered a breach by Agency or an excuse for nonperformance by Grantee. 2 (Coverdell FY 2022(County)Rev.03/2023) (c) In seeking reimbursement under this Agreement, Grantee shall submit to Agency: (i) A monthly RFF for costs it incurs in performing the Scope of Services under this Agreement within fifteen (15) calendar days after the end of each calendar month. Grantee shall submit to Agency its final RFF drawdown within thirty (30) calendar days after the end of the Project Period; and Grantee shall submit to Agency its final RFF within sixty (60) calendar days after the end of the Project Period. (ii) A quarterly PEO within fifteen (15) calendar days after the end of each calendar quarter as follows: (A) For the January 1st through March 31 st calendar quarter, the PEO is due April 15th; (B) For the April 1st through June 30th calendar quarter, the PEO is due July 15th; (C) For the July 1st through September 30th calendar quarter, the PEO is due October 15th; and (D) For the October 1st through December 31st calendar quarter, the PEO is due January 15th Grantee shall submit to Agency its final PEO within sixty (60) calendar days after the end of the Project Period. Grantee expressly acknowledges that non-adherence to the above deadlines may result in the withholding of funds. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. (d) If Agency determines that a RFF or PEO requires clarification and/or revision, Agency will notify Grantee and Grantee shall respond with the requested clarification and/or revised RFF or PEO within the time specified by the Agency. Grantee expressly acknowledges and agrees that Agency may withhold payment unless and until such time Agency determines that Grantee has adequately responded to Agency's request for clarification and/or revision. (e) All funds available for use under this Agreement shall be subject to the allotment system as provided in Hawaii Revised Statutes Chapter 37. (f) All payments shall be made in accordance with and subject to Hawaii Revised Statutes Chapter 40. 3 (Coverdell FY 2022(County)Rev.03/2023) (g) If, at any time after payment is issued to Grantee under this Agreement, Agency determines that certain costs paid by Agency to Grantee were inappropriate or unallowable, Agency may either require that Grantee return an equivalent amount of monies to Agency or withhold an equivalent amount from any payments due and owing to Grantee. (h) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which were not encumbered by Grantee during the Project Period, all such funds shall be returned to Agency within ten (10) calendar days after the end of the Project Period. (i) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which Grantee encumbered during the Project Period, but which Grantee did not disburse within sixty (60) days after the end of the Project Period, all such funds shall be returned to Agency within ten(10)calendar days. (j) If, at any time during the Term, Agency determines that Grantee is not complying with the conditions of this Agreement or satisfactorily fulfilling its obligations under this Agreement, Agency may withhold payments due and owing to Grantee until such time Agency reasonably determines that payment can be issued. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. 5. CERTIFICATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto as Exhibit"B" and incorporated by reference herein. Grantee covenants that the representations made in the signed certifications are true at the time this Agreement is executed and will remain true throughout the Term, including any extensions thereof, and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. CONFIDENTIAL MATERIAL Any information, data, report, record, summary,table, map, or study given to or prepared or assembled by Grantee under this Agreement which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate,without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. Grantee shall comply with the requirements of Chapters 487J, 487N and 487R, Hawaii Revised Statutes as applicable. 4 (Coverdell FY 2022(County)Rev.03/2023) ' r 7. COPYRIGHT AND PATENT The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Agreement, and all such material shall be considered "works made for hire." No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Agreement shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. To the extent that any material, summary, report, map, chart, graph, table, study, or other documents, or discovery, invention, or development under this Agreement is not recognized as a "work made for hire" as a matter of law, Grantee hereby assigns to the Agency any and all copyrights in and to the material. S. CONFLICT OF INTEREST Grantee expressly represents that at the time this Agreement is executed, it presently has no interest, either direct or indirect, that would conflict or adversely affect, in any manner or degree, its ability to satisfactorily perform the Scope of Services under this Agreement. Grantee covenants that this representation will remain true throughout the Term,including any extensions thereof. 9. PROGRESS REPORTS Grantee shall submit progress reports as required for Coverdell funds to Agency as required by the Acceptance of Coverdell Special Conditions in Exhibit "B." Grantee's obligation to submit progress reports to Agency shall survive the expiration or termination of this Agreement. 10. COOPERATION WITH DATA COLLECTION; ASSESSMENTS Grantee expressly acknowledges and agrees that, if requested by Agency, Grantee shall cooperate with, participate. in, and/or support any data collection efforts, assessments, or information requests involving or relating to Grantee's performance of the Scope of Services under this Agreement. Grantee's obligations under this section shall survive the expiration or termination of this Agreement. 11. SUBCONTRACTING; ASSIGNMENT Grantee shall not subcontract or assign any portion of the Scope of Services under this Agreement without first obtaining the prior written approval of Agency. If Grantee obtains Agency's approval to enter into a subcontract, Grantee shall ensure that the subcontract is in writing signed by both parties, includes all required provisions, and that the term of the subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that the subcontractor has complied with all applicable requirements and conditions before any funds are disbursed to the subcontractor. 5 (Coverdell FY 2022(County)Rev. 03/2023) 12. INDEPENDENT CONTRACTOR In the performance of the Scope of Services under this Agreement, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the Scope of Services; however, Agency shall have a general right to inspect Grantee's work to determine whether, in Agency's opinion, Grantee is performing the Scope of Services in accordance with the terms and provisions of this Agreement. Grantee's employees and agents are not employees or agents of the Agency by reason of this Agreement, and Grantee's employees and agents shall not be entitled to claim or receive from Agency any vacation, sick leave, retirement, or other benefits directly afforded to employees of Agency. Grantee shall be responsible for the accuracy, completeness, and adequacy of Grantee's performance under this Agreement. Grantee shall be responsible for payment of any federal, state,and county fees which may become due and owing by reason of this Agreement, including but not limited to (i) income taxes, (ii) employment related fees, assessments and taxes and(iii)general excise taxes. Grantee shall also be responsible for obtaining any licenses,permits and certificates that may be required in order to perform the Scope of Services under this Agreement. 13. INDEMNIFICATION Grantee shall defend, indemnify, and hold harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against all liability, loss, actions, claims, suits, damages, and costs or expenses (including attorneys' fees) arising out of,relating to, or resulting from the acts or omissions of Grantee, its officers, employees, agents, subcontractors, and/or subgrantees under this Agreement; provided, however, that this provision shall not apply if Grantee is a State agency. The County of Hawaii shall indemnify the State of Hawaii, Agency, and their officers, agents, and employees to the extent permitted by law, and it is understood that payment is subject to approval by the county council/or city council,as the case may be. The provisions of this section shall survive the expiration or termination of this Agreement. 14. MODIFICATION OF CONTRACT (a) Modification by Mutual Agreement. At any time during the Project Period of this Agreement,the Parties may make modifications within the general scope of this Agreement by a written amendment signed by both Parties. 6 (Coverdell FY 2022(County)Rev. 03/2023) ,a, •,, le— (b) Unilateral Modification by Agency. At any time during the Project Period, but no later than 45 days prior to the end of the Project Period, the Administrator of the Crime Prevention and Justice Assistance Division ("CPJA Administrator"), as the authorized designee of the Attorney General, may issue a unilateral written project grant modification notice which directs Grantee to make the following changes effective as of the date specified in the written notice, or if no date is specified, as of the date the written notice is approved (hereinafter, "Modification Notice"): (i) Changes in the Scope of Services within the scope of the Agreement; • (ii) Changes in the Project Period that do not alter the scope of the Agreement; or (iii) Changes in Project Director or Financial Officer. All Modification Notices issued by the CPJA Administrator shall be incorporated in and made a part of the Agreement. If the Parties agree that a Modification Notice increases or decreases Grantee's cost of performance of the Scope of Services under this Agreement, an adjustment to the NTE Amount shall be made by written amendment to the Agreement. If Grantee believes that it is entitled to an adjustment of the NTE Amount as a result of a Modification Notice, Grantee shall file a written claim within fourteen (14) calendar days after receipt of the Modification Notice or prior to final payment under this Agreement, whichever is shorter; provided, however, that the CPJA Administrator may extend such period for filing. The requirement for filing a timely written claim for an adjustment of the NTE Amount cannot be waived and shall be a condition precedent to the assertion of a claim. Failure of the Parties to agree to an adjustment of the NTE Amount shall not excuse Grantee from proceeding with the Agreement as changed by the Modification Notice. The right of Grantee to dispute the NTE Amount shall not be waived by its performance,provided Grantee timely files a written claim. 15. TERMINATION FOR CAUSE; CONVENIENCE (a) Termination for Cause. If Grantee breaches any of its promises or fails to satisfactorily perform or fulfill its obligations under this Agreement, Agency may notify Grantee in writing of Grantee's breach or nonperformance under this Agreement (hereinafter, "Notice of Default"). If the breach or nonperformance is not cured within ten (10) calendar days of the Notice of Default, or within some other time as may be specified by Agency, Agency may terminate Grantee's right to proceed with this Agreement or portion thereof by providing Grantee with a written notice of termination (hereinafter, "Notice of Termination for Cause"). The Notice of Termination for Cause shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of Grantee's breach or nonperformance under this Agreement. 7 (Coverdell FY 2022(County) Rev.03/2023) T e SiY (b) Termination for Convenience. Agency may terminate this Agreement, in whole or in part, at any time when the interests of the Agency so require by giving written notice of such termination to Grantee (hereinafter, "Notice of Termination for Convenience"). The Notice of Termination for Convenience shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. (c) Grantee shall be entitled to be reimbursed for all allowable, allocable, and reasonable costs actually incurred up to and including the date of Grantee's receipt of the Notice of Termination for Cause or Notice of Termination for Convenience, whichever is applicable. Any costs incurred by Grantee after Grantee's receipt of such notice will be eligible for reimbursement only if they represent unavoidable or reasonable wind-down costs as determined by Agency in Agency's sole discretion. (d) Notwithstanding the termination of this Agreement, and subject to any directions from Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve property in the possession of Grantee in which Agency has an interest. • (e) In the event of termination of this Agreement, all finished or unfinished documents,reports,summaries, lists, charts, graphs,maps, or other written material developed or prepared by Grantee under this Agreement shall, at the option of Agency, become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency within such time specified by Agency. 16. WAIVER The failure of Agency to insist upon strict compliance with any term, provision, or condition of this Agreement shall not constitute a waiver or relinquishment of Agency's right to enforce the same in accordance with this Agreement. In the event Agency is determined to have waived a term, provision, or condition of this Agreement, it is expressly understood and agreed that such waiver shall not constitute a waiver or relinquishment of Agency's right to enforce the same as to any other or further violation. • 17. DISPUTES Any dispute arising under this Agreement which is not disposed of by mutual agreement of the Parties within fifteen (15) calendar days shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Agreement unless otherwise directed by Agency. 8 (Coverdell FY 2022(County)Rev.03/2023) 18. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties to this Agreement, shall be governed by the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be brought in a state court of competent jurisdiction in Honolulu, Hawaii. 19. SEVERABILITY Should any provision of this Agreement be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead,that the provision is utterly invalid or unenforceable,such provision shall be deemed severable from this Agreement. 20. ENTIRE AGREEMENT This Agreement sets forth all of the agreements, conditions, understandings, promises, warranties, and representations between Agency and Grantee relative to this Agreement. This Agreement supersedes all prior agreements, conditions, understandings, promises, warranties, and representations,which shall have no further force or effect. 21. AUTHORITY TO ENTER INTO AGREEMENT Each Party represents and warrants to the other that it is duly authorized to enter into this Agreement and to fully perform its obligations hereunder. 22. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original,and all such counterparts shall together constitute one and the same agreement. // // // // // // // // 9 (Coverdell FY 2022(County) Rev. 03/2023) 7 { • IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. "Agency" DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII APPROV D AS TO FORM: L, P Depu orne eneral By: Matthew S. Dv nb ch Its: First Deputy Attorney General Date: l ('L1 l 7-3 "Grantee" HAWAII POLICE DEPARTMENT COUNTY OF HAWAII By: Mitchell D.Roth tom,Its: Mayor Date: 11 13 APPROVAL RECOMMENDED: icz By: Benj401 Moszko Its: Chief of Police Date: i1•t6-Z 3 APPROVED AS TO FORM AND LEGALITY: By: dt0'1> -- DEPUTYIts: Corporation Counsel Date: \1 I -61(2-e) 10 (Coverdell FY 2022(County)Rev. 03/2023) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL APPLICATION FOR GRANT FY 2022 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA PART I. TITLE PAGE A. PROJECT TITLE: Forensic Lab Equipment B. APPLICANTAGENCY: Hawaii Police Department—Crime Lab SYSTEM FOR AWARD MANAGEMENT(SAM) UNIQUE ENTITY C. REGISTRATION: ® Yes ❑ No IDENTIFIER(UEI): 6131543350000 Zip+4 D. MAILING ADDRESS: 349 Kapiolani Street City Hilo digits 96720-3998 PRIMARY PLACE Zip+4 OF PERFORMANCE: 349 Kapiolani Street City Hilo digits 96720-3998 E. PROJECT PERIOD: From November 1 2023 To September 30,2024 F. GRANT PURPOSE: Improve Quality and Timeliness G. ACCREDITATION: Yes ® :Attach No❑: Date applying for accreditation: H. TOTAL PROJECT AMOUNT: $ 96,360 I. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding?Yes ❑ No ® If y_es,then provide name of source or grant program and the amount of funds that is being sought: Source Amount$ J. PROJECT DIRECTOR Name: Mary S.Midkiff Title: Evidence Specialist 11 Address: 74-611 Hale Makai Place Kailua-Kona,Hawaii 96740 Telephone: (808)326-4646 ext.338 E-Mail: mary.midkiffghawaiicounty.gov K. FINANCIAL OFFICER Name: Kelsie K.K.Kailiuli Title: Accountant III Address: 349 Kapiolani Street Hilo,Hawaii 96720 Telephone: (808)961-2274 E-Mail: Kelsie.K.K.Kailiuli@hawaiicounty.gov FOR CPJAD USE Date received: 04/14/23; 11/1/23;11/1/23 Project Number: 22-CD-01 EXHIBIT A AG/CPJAD#1(Rev 02/2023) 7 4 ' APPLICATION FOR GRANT FY 2022 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA PART II. DESCRIPTION OF PROJECT A. PROBLEM STATEMENT Drug investigations are of primary importance to the Hawaii Police Department(HiPD)as illegal drugs continue to enter the County of Hawaii. Drug traffickers take advantage of Hawaii's geographical location, tourist industry, and the high volume of air and freight cargo to transport illegal substances into Hawaii County and throughout the state. These illegal substances enter the community from drug traffickers, dealers, and users leading to a host of violent and non-violent crimes impacting the community. These crimes put the public at risk and typically include family/domestic violence, burglary, assault, fraud, and can involve more serious crimes such as abduction, homicide, and human trafficking. For many habitual users, crime is often the easiest option to obtain money to feed a drug addiction. The drug trade can generate violence in the community due to competition, disputes or thefts, and exploit people living in low socio-economic areas where money is scarce. Drug transactions often occur in centrally located public places such as parking lots, beach parks, and bars and restaurants where dealers meet buyers and blend in with a crowd. Drug disputes may erupt at any time and escalate quickly leading to violence in the community where innocent people become victims simply by being in the wrong place at the wrong time. Most crimes encountered by HiPD involve some type of drug related activity.Drugs have been found in powders, pills and U.S. mail parcels along with paraphernalia and commonly recovered in traffic stops, arrests, and executed search warrants. Drug problems in our communities have escalated recently on the Big Island and HiPD is in a continual fight against illegal drug importation, possession, sale, and use. For 2022, the following tables illustrate the number of drug related arrests,type of drugs recovered in grams,and estimated street value. Area I—Drug Seizures in 2022 872 Arrests Drug Amount(grams) Estimated Street Value Methamphetamine 42069.55 $3,470,737.88 Fentanyl pills 4682(pills) $140,460.00 Fentanyl 35.4 $21,240.00 Marijuana 82830.36 $828,303.60 Cocaine 1557.21 $155,721.00 Heroin 2180.88 $545,220.00 • Area II—Drug Seizures in 2022 73 Arrests(411 offenses) AG/CPJAD#1(a)(Rev 02/2023) page 2 Area II-Drug Seizures in 2022 73 Arrests(411 offenses) Drug Amount(grams) Estimated Street Value Methamphetamine 5835.3 $5,988,122 Fentanyl pills 8625 (pills) $250,650 Fentanyl 2234.6 $137,652 Marijuana 8212.2 $1,353,353 Cocaine 453.5 $241,284 Heroin 369.1 $764,970 Most of the recovered evidence ends up being sent to the HiPD Crime Lab where the results of drug tests, such as identification of Scheduled Substances and weight determine sentencing for criminal cases.Presently,the lab struggles to process the amount of drug evidence that it receives. The HiPD Crime Lab is responsible for the analysis of controlled substances for all of Hawaii County and not only receives samples within HiPD but from outside agencies as well. Federal and State partner agencies look to the HiPD Crime Lab for a low-cost,timely, on-island analysis of drug evidence. The lab receives between 50-80 drug analysis requests per month, depending on the number and amount of drug investigations evidence/drug paraphernalia recovered for that month. At present the average turnaround time from when samples are received to analyzation and final report is 20 to 25 days. In order to handle this workload and screen requests, all forensic drug requests are prioritized by their severity,court or prosecution requirement. For 2022,the following table illustrates HiPD Crime Lab Drug Requests. Crime Lab Drug Requests in 2022 734 Requests Drug Requests Methamphetamine 346 Fentanyl pills 67 Fentanyl 37 Marijuana 115 Cocaine 33 Heroin 33 Other 103 Within the past year and a half, two main instruments in the HiPD Crime Lab have been taken out of service due to underperformance and unreliability leaving only one set of working instruments for drug analysis. As a result, there is approximately 40+number of backlog of drug evidence cases that has built up and remain unprocessed and unreported. This backlog leads to delays in test results that in turn, delay court proceedings, meaning that some drug dealers can easily get released. ' Due to budgetary constraints, the HiPD Crime Lab has been unable to acquire new scientific instrumentation for the analysis of controlled substances. With only one set of reliable working instruments, should these fail, the HiPD Crime Lab will be unable to process any drug evidence. Adding two (2) new instruments to the lab will create a second workstation allowing Criminalists to process evidence faster, reduce the current backlog of samples,and stay abreast of the workload. AG/CPJAD#1(a)(Rev 02/2023) page 3 In order to identify new forms of synthetically made drugs and opioids the HiPD Crime Lab needs to update its library of certified drug reference standards. Synthetic drugs also known as designer drugs or new psychoactive substances. Clandestine labs producing synthetic/designer drugs change the chemical structures of these drugs to avoid prosecution.These new drugs aim to mimic the effects of existing illicit drugs, examples include new forms of cannabis, cocaine, MDMA, and LSD, fentanyl, and carfentanyl. Fentanyl use and distribution is on the rise within Hawaii County and throughout the State.According to the Hawaii High Intensity Drug Trafficking Area(HIDTA)report of October 2022,57%of fentanyl confiscated in the state between 2016 and 2021 was on Hawaii island. The State of Hawaii is now experiencing the anticipated trend of counterfeit opioid pills(fentanyl-laced),coinciding with an increasing number of fentanyl related deaths--from 28 in 2020 to 48 in 2021. With the recent upsurge in fentanyl recovered from drug investigations,new drug reference standards are needed to identify new forms of synthetically produced fentanyl and opioids. The Crime Lab's current library of drug reference standards for controlled substances (and their chemical analogs) are outdated and need updating to include the new chemical signatures of synthetically produced drugs such as fentanyl, methamphetamine, cocaine, cannabis, MDMA, LSD and other opioid drugs. The certified drug reference standards are crucial to determining scientifically valid results for forensic analytical methods.These reference standards will be used for the quality control process established at the ANAB Accredited HiPD Crime Lab and used to identify target drug compounds,for instrumentation verification,and proficiency testing. B. GOALS AND OBJECTIVES GOAL: The goal of the Forensic Lab Equipment project is to improve the quality,timeliness, efficiency,and sensitivity of drug analysis and identification for the Hawaii County Police Crime Laboratory. Objective 1:To purchase a new Ultraviolet-Visible Spectrophotometer(UV-VIS) instrument for the presumptive testing of suspected drug evidence. Objective 2:To purchase a new Fourier Transform Infrared Spectrometer(FTIR) instrument for the confirmatory testing of suspected drug evidence. Objective 3:To purchase certified drug reference standards for controlled substances to verify the identity of analyzed compounds. Objective 4:To eliminate backlog of drug identification requests. C. PROJECT ACTIVITIES To meet the high demand for drug analysis and to reduce the backlog of drug evidence within the HiPD Crime lab,this project proposes to purchase two (2)scientific instruments and certified drug reference standards to identify the presence of controlled substances on submitted evidence. These new instruments will create an additional workstation within the Crime Lab so analysts can process more samples on a daily basis and reduce the current backlog of cases. The proposed instrumentation consists of an Ultraviolet-Visible Spectrophotometer (UV-VIS) and a Fourier Transform Infrared Spectrometer(FTIR)that are essential in identifying illegal substances and are already part of the HiPD Crime Lab ANAB accredited and established work flow for controlled substances. AG/CPJAD#1(a)(Rev 02/2023) page 4 • The UV-VIS instrument will be used for presumptive testing of submitted samples. Presumptive tests are general screening tests to help narrow down a particular substance. The FTIR instrument will be used for the confirmatory testing of submitted samples. Confirmatory testing provides positive identification of the material(s) in question and is required for prosecution and appropriate sentencing of suspects. The UV-VIS instrument is a fundamental component of presumptive testing procedures used in the identification of drugs and works by exposing material to UV light and measuring the way that material absorbs light. Since different chemicals absorb light differently,this instrument provides clues about what compounds might be present in the material. From this information, Criminalist can employ a series of analytical schemes to further identify substances present in a sample. The FTIR instrument is necessary for confirmatory testing of substances and determines the unique chemical characteristics of a material.The FTIR instrument uses infrared light to decipher the chemical signature of materials, specifically the bonds between the atoms. Different components in the sample will absorb IR radiation differently and Criminalist can use this information to compare against the wavelengths of certified drug reference standards, used as positive controls,to identify a drug. The HiPD Crime Lab is accredited by ANAB under ISO/IEC 17025:2017 for Forensic Testing and Calibration AR 3125:2019,certificate number FT-0134.The existing resources within the HiPD Crime Lab include approved,and accredited policies and procedures that are outlined for both the UV-VIS and FTIR instruments as well as documentation, inventory and quality performance measures for certified drug reference standards.These procedures and quality control forms are outlined in the HiPD Crime Lab Controlled Substance Procedures Manual, Quality Manual and Operations Manual, and include Standard Operating Procedures, Technical Procedures, Work Instructions, and Instrument Performance Checks. These documents ensure that quality control measures will be followed in the purchasing, installation,and operation of instruments and use of certified drug reference standards. Two(2)full time Criminalist are devoted to performing drug analysis, and this project will provide each Criminalist with their own workstation for increased efficiency. Weekly and monthly quality instrument checks are performed on the UV-VIS with drug reference standards and documented prior to the instrument being used for casework. Daily,weekly,and monthly quality instrument checks are performed on the FTIR with drug reference standards and documented prior to the instrument being used for casework. Certified drug reference standards will be purchased and used as controls to compare against evidence samples for chemical identification. Certified drug references are standards of a known composition used to identify specific properties of a material.They are used to validate analytical test results, instrument calibration, and quality control standards and come with a Certificate of Analysis listing the physical and chemical properties of the standard and the values associated with specific types of instrumentation. Reference samples will be purchased from a competent supplier for identification, comparison, and interpretation of test samples against known substances.The reference samples will be fully documented,tested,and used according to the HiPD Crime Lab Controlled Substance Procedures Manual and Quality Control Manual. Lab supplies will also be purchased and include vials to provide sample containment, and solvents for dissolving test samples into solution for analysis. With the additional instruments,certified drug reference standards,and lab supplies,the HiPD Crime Lab can process drug evidence faster and reduce the amount of backlog cases by AG/CPJAD#1(a)(Rev 02/2023) page 5 I- A having an additional workstation and with two (2) new instruments to shorten the sample turnaround time from 20-25 days to 7-10 days for analytical drug testing. D. PROJECT ORGANIZATION AND MANAGEMENT Project Director: Mary S.Midkiff,Evidence Specialist II Employed by HPD in 2017, M. Midkiff has grant work experience from 2000-2008 with previous employers and will be responsible for tracking project activities,performance measures, and writing progress reports. Specific duties for this project include preparing requisitions, completing the financial procurement package for the equipment and supplies, collecting and reporting performance measure data. She will maintain paper and electronic copies of contracts, financial reports,progress reports,and correspondence regarding this project.A project folder with worksheets will assist in tracking documents,project assessments,quarterly performance measures and semi-annual progress reports. A final project report will be completed and submitted along with any other applicable reports and materials. Project Administrator: Haylee N.Roush,Acting Crime Lab Supervisor/Criminalist II Haylee has been with the HiPD since April 2021 and is the Acting Supervisor of the HiPD Crime Lab.Haylee Roush has work experience in analysis of suspected controlled substances. She will be responsible for 1)obtaining instrumentation and drug reference standard specifications and quotes from identified vendors; 2) receiving and conducting instrumentation set up and documenting quality control measures;3)assist in gathering data for performance measures such as number of backlogged cases cleared, samples processed per month, instrument use, and drug identification data. Financial Officer: Kelsie K.K.Kailiuli,Accountant III Monthly requests for funds and project expenditure financial reports will be completed and submitted by Kelsie K.K. Kailiuli. She has been employed by HPD since 2019 and has financial grant work experience from 2016 with previous employer and will be responsible for the management of the grant financial records and financial reports. E. PERSONNEL Mary S.Midkiff—Evidence Specialist II Evidence Specialist Midkiff has a B.A. degree in Biology from the University of Hawaii at Manoa and a M.S. in Counseling Psychology from Capella University. She was employed by HPD June of 2017 and relocated to HPD Area II and primarily serves as the Evidence Specialist for this area. For this project, she will complete the financial procurements documents and requisitions for the forensic lab equipment and supplies,collect and report performances measures for the semi-annual and final project reports. AG/CPJAD NI(a)(Rev 02/2023) page 6 Financial Officer: Kelsie K.K. Kailiuli,Accountant III Monthly requests for funds and project expenditure financial reports will be completed and submitted by Kelsie K.K. Kailiuli. She has been employed by HPD since 2019 and has financial grant work experience from 2016 with previous employer and will be responsible for the management of the grant financial records and financial reports. Acting Crime Lab Supervisor/Criminalist II: Haylee N.Roush Acting Crime Lab Supervisor/Criminalist II Roush has a B.S. degree in Forensic & Investigative Science with an Emphasis in Chemistry and a Minor in Psychology from West Virginia University. She was employed by HiPD in April of 2021 as a Criminalist I and has been the supervisor since November of 2022. Her duties include conducting drug identification casework,maintaining ANAB accreditation,and training new employees. For this project, Roush will be responsible for obtaining the specifications and financial quotes for the new instruments and drug reference standards, conducting instrument set-up and documenting quality control measures, and gathering data for performance measures. Criminalist I: Derek T.Allard . Criminalist I Allard has a B.S. in Forensic Science from the University of West Haven and a M.S. in Forensic Science with a concentration in Biology from the University of Strathclyde in Glasgow, Scotland. He was employed by HiPD in November of 2022. Prior to his hiring, he was employed as a Laboratory Chemist to identify the existence and concentration of different compounds within drinking and waste waters. For this project,Allard will assist with conducting quality control instrument checks on lab equipment and certified drug reference standards and tracking crime lab work requests on a monthly basis. F. CAPABILITIES AND COMPETENCIES HiPD is currently accredited for ANAB Forensic Testing and Calibration AR: 3125:2019 until August 31, 2024. HiPD Crime Lab has been previously ANAB accredited lab until March 2021 for the following scope of activities and will undergo a surveillance document review regarding these activities: Drug Analysis Latent Print Development Serial Number Restoration Test Fire of Firearms for Operability Currently the Crime Lab is awaiting an ANAB assessment to be completed in April 2023 to assess the above disciplines to see if accreditation can be renewed for the next five years. AG/CPJAD#11(a)(Rev 02/2023) page 7 ' c G. PERFORMANCE INDICATORS AND REPORTING In addition to the mandatory performance measures, the performance measures for this project addressing each objective are described below: Objective 1: To purchase a new Ultraviolet-Visible Spectrophotometer(UV-VIS) instrument for the presumptive testing of suspected drug evidence. Activity Performance Measures Obtain quotes for UV-VIS instrument from Quote(s)from vendor(s) scientific vendors Prepare and route HiPD financial procurement HiPD Financial Procurement Package and package for UV-VIS instrument through HiPD required forms Finance and Hawaii County for approval and payment(revise as needed) HiPD Crime Lab Operations Manual: Purchasing of Supplies&Services HiPD Crime Lab Vendor Evaluation and Approval Form(HPDOl4) Payment received for UV-VIS instrument HiPD Financial Procurement Package Instrument Warranty&Service Agreement Receive, inventory and install UV-VIS Payment receipts for contract/purchase instrument agreement Instrument packing slip HiPD Crime Lab Instrument Inventory Form(HPD028) HiPD Equipment Inventory number HiPD Crime Lab UV-VIS Instrument Standard Operating Procedures HiPD Crime Lab UV-VIS Quality Assurance Checklist(HPD024) HiPD Crime Lab UV Technical Procedures(HPD.UV.TP) HiPD Crime Lab Work Instructions (HPD.UV.WI) AG/CPJAD#1(a)(Rev 02/2023) page 8 HiPD Crime Lab UV-VIS Performance Checks(HPD.UV.PC) Conduct quality control instrument checks with HiPD Crime Lab UV-VIS Instrument certified drug reference standards Standard Operating Procedures HiPD Crime Lab UV Instrument Performance Checks(HiPD.UV.PC) HiPD Crime Lab UV-VIS Quality Assurance Checklist(HPD024) Weekly/Monthly UV-VIS instrument checks HiPD Crime Lab UV Instrument prior to casework Performance Checks (HiPD.UV.PC) HiPD Crime Lab UV-VIS Quality Assurance Checklist(HPD024) UV-VIS Quality Assurance HiPD Crime Lab Controlled Substance Procedures Manual Document the number of samples processed on Instrument Use Tracker Sheet new UV-VIS per month Objective 2: To purchase a new Fourier Transform Infrared Spectrometer(FTIR) instrument for the confirmatory testing of suspected drug evidence. Activity Performance Measures Obtain quotes for FTIR instrument from scientific Quote(s)from vendor(s) vendors Prepare and route HiPD financial procurement HiPD Financial Procurement Package and package for FTIR instrument through HiPD required forms Finance and Hawaii County for approval and payment(revise as needed) HiPD Crime Lab Operations Manual: Purchasing of Supplies& Services HiPD Crime Lab Vendor Evaluation and Approval Form(HPD014) Payment received for FTIR instrument, HiPD Financial Procurement Package Instrument Warranty& Service Agreements Receive, inventory and install FTIR instrument Payment receipts for contract/purchase agreement Instrument packing slip HiPD Crime Lab Instrument Inventory AG/CPJAD#1(a)(Rev 02/2023) page 9 Form(HPD028) HiPD Equipment Inventory number HiPD Crime Lab FTIR Technical Procedures(HPD.IR.TP) HiPD Crime Lab FTIR Work Instructions (HPD.IR.WI) HiPD Crime Lab FTIR Performance Check (HPD.IR.PC) Conduct quality control instrument checks with HiPD Crime Lab FTIR Quality Assurance certified drug reference standards Checklist(HPD007) HiPD Crime Lab FTIR Performance Check (HPD.IR.PC) Daily FTIR instrument checks prior to casework HiPD Crime Lab FTIR Quality Assurance Checklist(HPD007) HiPD Crime Lab FTIR Performance Check (HPD.IR.PC) FTIR Quality Assurance HiPD Crime Lab Controlled Substance Procedures Manual Document the number of samples processed on new Instrument Use Tracker Sheet FTIR per month Objective 3: To purchase certified drug reference standards for controlled substances to verify the identity of analyzed compounds. Activity Performance Measures Obtain quotes for certified drug reference standards of Quote(s)from vendor(s) controlled substances from scientific vendors Product information and Certificate of Analysis per reference standard Prepare requisitions for certified drug reference HiPD Crime Lab Operations Manual: standards Purchasing of Supplies&Services Vendor Requisitions Obtain and inventory all certified drug reference HiPD Crime Lab Chemical Inventory standards Control Sheet Certificate of Analysis per reference standard AG/CPJAD#1(a)(Rev 02/2023) page 10 Material Safety Data Sheet per reference standard Conduct quality control tests for each certified drug HiPD Crime Lab Reference Material reference standard and document results for each lot Verification Form (HPD01 6) number Objective 4: To eliminate backlog of drug identification requests. Activity Performance Measures Document the number of back-logged drug Semi-Annual Coverdell Progress Report identification work requests at the start of the project Document the number of cleared back-logged drug HiPD Crime Lab Approvals List Sheet identification work requests cleared on a monthly basis Document the number of back-logged drug Semi-Annual Coverdell Progress Report identification work requests at the end of the project Document the number of backlog cases acquired per HiPD Crime Lab Approvals List Sheet month with reasons Document the average turnaround time for samples HiPD Crime Lab Approvals List Sheet completed for the current month H. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND SUSTAINABILITY PLAN HiPD needs to continue to fight the importation and sale of narcotics to reduce drug related crime by being able to test recovered substances to charge individuals with drug related offenses. This project will have a direct impact on assisting HiPD with drug control efforts by purchasing up-to-date equipment, certified drug reference standards and lab supplies to combat drug trafficking and related criminal activity for Hawaii County and the State of Hawaii. New instrumentation will provide a greater sensitivity and quantity of samples to be processed with faster turnaround times. Having another set of instruments for sample testing creates an additional work station to increase the number of samples processed on a daily basis and to reduce the number of backlog cases. Currently the sample turnaround time in the lab is about 20-25 days from the time a sample reaches the lab until the final report is written and evidence is returned;this project will reduce the wait time to 7-10 days. This project will provide the cost for the initial purchase of the instruments and extended warranty and service plans for maintaining the instruments will be absorbed by the Hawaii Police Department. AG/CPJAD#1(a)(Rev 02/2023) page 11 P PROJECT ACTIVITIES AND TIMELINE Adjust this template to account for the number of project objectives and activities. To add more activities,add rows to the applicable table. To add more objectives, copy and paste the entire table. OBJECTIVE#1. To purchase a new Ultraviolet_Visible Spectrophotometer(UV VIS)instrument for the presumptive testing of suspected drug evidence Activity Responsible Anticipated Completion(X) Number Description of Activity Individual(s) Nov-Dec Jan—Mar Apr—Jun Jul-Sep Q1 Q2 Q3 Q4 1 Obtain quotes for UV-VIS instrument H.Roush X from scientific vendors. 2 Prepare and route HiPD financial M.Midkiff X X procurement package for UV-VIS instrument through HiPD Finance and Hawaii County for approval and payment(revise as needed). 3 Payment received for UV-VIS-. K.Kailiuli X X instrument. 4 Receive,inventory and install UV-VIS H.Roush X X instrument. 5 Conduct quality control instrument H.Roush X X checks with drug reference standards. D.Allard 6 Weekly/Monthly UV-VIS instrument H.Roush X X checks prior to casework D.Allard 7 UV-VIS Quality Assurance H.Roush X X D.Allard 8 Document the number of samples H.Roush X X processed on new UV-VIS per month D.Allard OBJECTIVE#2:: AG/CPJAD#1(a)(Rev 02/2023) Page 12 To purchase anew Fourier Transform Infrared Spectrometer;:;(FTIR)instrument for the confirmatory testing of suspected drug evidence Activity Responsible Anticipated Completion(X) Number Description of Activity Individual(s) Nov-Dec Jan—Mar Apr—Jun Jul-Sep Q1 Q2 Q3 Q4 I Obtain quotes for FTIR instrument H.Roush X from scientific vendors. 2 Prepare and route HiPD financial M.Midkiff X X procurement package for FTIR instrument through HiPD Finance and Hawaii County for approval and payment(revise as needed). 3 Payment received for FTIR instrument. K.Kailiuli X X 4 Receive, inventory and install FTIR. H.Roush X X instrument. 5 Conduct quality control instrument H.Roush X X checks with drug reference standards. D.Allard 6 Daily FTIR instrument checks prior to H.Roush X X casework D.Allard 7 FTIR Quality Assurance H.Roush X X D.Allard 8 Document the number of samples H.Roush X X processed on new FTIR per month D.Allard OBJECTIVE#3; To purchase certified drug reference standards for controlled substances to verify the identity of analyzed compounds ' Activity Res Responsible Anticipated Completion(X) Number p Description of Activity Individual(s) Nov-Dec Jan—Mar Apr—Jun Jul-Sep Q1 Q2 Q3 Q4 1 Obtain quotes for certified drug H.Roush X reference standards of controlled substances from scientific vendors. 2 Prepare requisitions for certified drug M.Midkiff X X reference standards. 3 Obtain and inventory all certified drug H.Roush X X reference standards D.Allard AG/CPJAD#i(a)(Rev 02/2023) Page 13 4 Conduct quality control tests for each H.Roush X X X certified drug reference standards and D.Allard document results for each lot number. OBJECTIVE#4:` o eliminate backlog of drug identification requests Activity Responsible Anticipated Completion(X) Number Description of Activity Individual(s) Nov-Dec Jan—Mar Apr—Jun Jul-Sep Q1 Q2 Q3 Q4 I Identify the number of back-logged H.Roush X drug identification work requests at the D.Allard start of the project. 2 Identify the number of cleared back- H.Roush X X X X logged drug identification work D.Allard requests cleared on a monthly basis 3 Identify the number of back-logged H.Roush X drug identification work requests at the D.Allard end of the project. 4 Document the number of backlog cases H.Roush X X X X acquired per month with reasons D.Allard 5 Document the average turnaround time H.Roush X X X X for samples completed for the current D.Allard month AGICPJAD#1(a)(Rev 02/2023) Page 14 LOGIC MODEL—PERFORMANCE INDICATORS Adjust this template to account for the number of project objectives and performance measures. To add more performance indicators/data to be collected,add rows to the applicable table. To add more objectives,copy and paste the entire table. OBJ ECT]NE#I To purchase:a new Ultraviolet Visible Spectrophotometer(MTNIS),inkrutheriffor the presumptive testing of suspected drug evidence Description of Performance Indicator! Select One(X) Baseline Source of Data/Where Data Individual(s)Responsible Data to be Collected Output Outcome Will be Collected From for Data Collection Quote(s)from vendor(s) X Number of Quotes Scientific Vendor H.Roush HiPD Financial Procurement Package and X 1 financial package HiPD Financial Section M.Midkiff required forms HiPD Crime Lab Operations Manual: X Operational guidance HiPD Crime Lab H.Roush Purchasing of Supplies&Services for Supplies&Services HiPD Crime Lab Vendor Evaluation and X 1 form per vendor HiPD Crime Lab H. Roush Approval Form(HPD014) Instrument Warranty&Service Agreement X 1 warranty/service Scientific Vendor H. Roush agreement per instrument Payment receipts for contract/purchase X 1 receipt/purchase Scientific Vendor agreement agreement per HiPD Financial Section K. Kailiuli instrument Instrument packing slip X 1 packing slip per Scientific Vendor H.Roush' instrument HiPD Crime Lab Instrument Inventory Form X 1 inventory form per HiPD Crime Lab H.Roush (HPD028) instrument HiPD/Hi County Inventory Number X 1 inventory number per HiPD Financial Section H. Roush instrument Document the number of samples processed X Number of samples HiPD Crime Lab H.Roush on new UV-VIS per month processed per month AG/CP.1AD#1(a)(Rev 02/2023) Page 15 OBJECTIVE#2. '' To purchase anew Fourier Transform Infrared Spectrometer(FTIR)instrument for the confirmatory testing of suspected drug evidence Description of Performance Indicator/ Select One(X) Baseline Source of Data/Where Data Individual(s)Responsible Data to be Collected Output Outcome Will be Collected From for Data Collection Quote(s)from vendor(s) X Number of Quotes Scientific Vendor H.Roush HiPD Financial Procurement Package and X 1 financial package HiPD Financial Section M.Midkiff required forms HiPD Crime Lab Operations Manual: X Operational guidance HiPD Crime Lab H.Roush Purchasing of Supplies&Services for Supplies&Services HiPD Crime Lab Vendor Evaluation and X 1 form per vendor HiPD Crime Lab H.Roush Approval Form(HPD014) Instrument Warranty&Service Agreement X 1 warranty/service Scientific Vendor H. Roush agreement per instrument Payment receipts for contract/purchase X 1 receipt/purchase Scientific Vendor agreement agreement per HiPD Financial Section K. Kailiuli instrument Instrument packing slip X 1 packing slip per Scientific Vendor H.Roush instrument HiPD Crime Lab Instrument Inventory Form X 1 inventory form per HiPD Crime Lab H.Roush (HPD028) instrument HiPD/Hi County Inventory number X 1 inventory number per HiPD Financial Section H.Roush instrument Document the number of samples processed X Number of samples HiPD Crime Lab H.Roush on new FTIR per month processed per month AG/CPJAD#1(a)(Rev 02/2023) Page 16 OBJECTIVE 3 To purchase certified drug reference standards for;controlled substances to verify,the identity of analyzed compounds Description of Performance Indicator/ Select One(X) Baseline Source of Data/Where Data Individual(s)Responsible Data to be Collected Output Outcome Will be Collected From for Data Collection Quote(s)from vendor(s) X 10 certified drug Scientific Vendor H. Roush reference standards Product information per certified drug X 10 certified drug Scientific Vendor H. Roush reference standard reference standards HiPD Crime Lab Operations Manual: X Operational guidance HiPD Crime Lab H.Roush Purchasing of Supplies&Services for Supplies&Services Vendor requisitions for certified drug X No.of requisitions per Scientific Vendor M.Midkiff reference standards - vendor HiPD Crime Lab Chemical Inventory X 10 certified drug HiPD Crime Lab H. Roush Control Sheet reference standards Certificate of Analysis per certified drug X 10 certified drug Scientific Vendor H.Roush reference standard reference standards Material Safety Data Sheet per certified drug X 10 certified drug Scientific Vendor H. Roush reference standard reference standards , HiPD Crime Lab Reference Material X 10 certified drug HiPD Crime Lab H. Roush Verification Form(HPD016) reference standards AG/CPJAD#1(a)(Rev 02/2023) Page 17 • OBJECTIVE#4 To eliminate backlo g of drug-identification requests_within the Hawaii County Poltce Department;Crlme Laboratory Description of Performance Indicator/ Select One(X) Baseline Source of Data/Where Data Individual(s)Responsible Data to be Collected Output Outcome Will be Collected From for Data Collection Number of back-logged drug identification X No.backlog cases at HiPD Crime.Lab M.Midkiff work requests at the start of the project start of project HiPD Crime Lab Approvals List Sheet Number of cleared back-logged drug X No.of backlog cases HiPD Crime Lab M.Midkiff identification work requests cleared per cleared on a monthly HiPD Crime Lab month basis Approvals List Sheet Number of back-logged drug identification X No.backlog cases at HiPD Crime Lab H. Roush work requests at the end of the project end of project HiPD Crime Lab Approvals List Sheet Number of backlog cases acquired per month X No.of backlog cases HiPD Crime Lab H. Roush with reasons acquired/month HiPD Crime Lab Approvals List Sheet Document the average turnaround time for X Shorten sample HiPD Crime Lab H. Roush samples completed per month turnaround time from HiPD Crime Lab 20-25 days to 7-10 Approvals List Sheet days • AG/CPJAD#1(a)(Rev 02/2023) Page 18 .4 a DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT -- PART III. BUDGET SUMMARY This summary is automatically calculated based on the entries into the budget detail. Budget Category Total Agency Match Federal Request A. Salaries and Wages - $0 . $0 $0 B. Fringe Benefits $0 $0 $0 C. Travel $0 $0 $0 D. Equipment $88,500 $0 $88,500 E. Supplies $7,860 $0 $7,860 F. Subawards(Subgrants) $0 $0 $0 G. Procurement Contracts $0 $0 $0 H. Insurance $0 $0 $0 I. Lease/Rental of Space $0 $0 $0 J. Utilities/Telecommunications $0 $0 $0 K. Indirect Costs $0 $0 $0 L. Other Costs $0 $0 $0 TOTAL PROJECT COST $96,360 $0 $96,360 '- a PERCENT AGENCY MATCH= 0% (Calculation:Agency Match/Total) AG/CPJAD#1(b)(Rev.01/2023) Budget Summary DEPARTMENT OF THE ATTORNEY GENERALICPJAD APPLICATION FOR GRANT-- PART III. BUDGET DETAIL A. Salaries and Wages Computation(Show the basis for computation.) Name Position Salary Rate Time %of Time Total Cost Agency Federal Worked (FTE) Match Request $0 $0 Total(s)-Salaries and Wages 0.00% $0 $0 $0 B. Fringe Benefits Computation(Show the basis for computation.) Name Position Agency Federal Base Rate Total Cost Match Request $0 $0 Total(s)-Fringe Benefits $0 $0 $0 C. Travel Computation Purpose of Travel Location Type of Expense Basis Cost Quantity #of Staff #of Trips Total Cost Agency Federal Match Request T $o $0 Total(s)-Travel $0 $0 $0 D. Equipment Item #of Items Unit Cost Total Cost Agency Federal Match Request Ultraviolent-Visible Spectrophotometer(UV-VIS) 1 $23,500 $23,500 $23,500 Fourier Tranform Infrarad Spectrometer(FTIR) 1 $65,000 $65,000 $65,000 Total(s)-Equipment $88,500 $0 $88,500 AG/CJPAD#1(b)(Rev.01/2023) - Budget Detail page 2 DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT— PART III. BUDGET DETAIL E. Supplies Computation Item #of Items Unit Cost Total Cost Agency Federal Match Request Drug Reference Standards 10 $400 $4,000 $4,000 Glass vials&caps - 2 $250 $500 $500 Glass pipettes 1 $300 $300 $300 Solvents 4 $300 $1,200 $1,200 Culture tubes 2 $80 $160 $160 '' UV-VIS Curvette 1 $1,700 $1,700 $1,700 Total(s)-Supplies $7,860 $0 $7,860 F. Subawards (Subgrants) Description and Purpose Consultant Total Cost Agency Federal (YIN) Match Request $0 Total(s)-Subawards(Subgrants) $0 $0 $0 [Note:This line will include the total from Subawards-Consultant Travel(below).] Subawards- Consultant Travel (if necessary) Computation Purpose of Travel Location Type of Expense Duration or Agency Federal Cost Distance #of Staff Total Cost Match Request $0 S0 Total(s)-Subawards-Consultant Travel(if necessary) $0 $0 $0 • AG/CJPAD#1(b)(Rev.01/2023) Budget Detail page 3 DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT-- PART III. BUDGET DETAIL G. Procurement Contracts Description and Purpose Consultant Total Cost Agency Federal (Y/N) Match Request $0 Total(s)-Procurement Contracts [Note:This line will include the total from Procurement Contracts-Consultant Travel(below).1 $0 $0 $0 Procurement Contracts-Consultant Travel (if necessary) Computation Purpose of Travel Location Type of Expense Cost Duration or #of Staff Total Cost Agency Federal Distance Match Request $0 $0 Total(s)-Procurement Contracts-Consultant Travel(if necessary) $0 $0 $0 H. Insurance Computation Description Quantity Basis Cost LeT me of Total Cost Match Federal Request $0 $0 Total(s)-Insurance $0 $0 $0 I. Lease/Rental of Space x•'yr ti Computation Description Quantity Basis Cost LeTime of Total Cost Match Federal Request $0 $0 Total(s)-Lease/Rental of Space $0 $0 $0 AG/CIPAD R1(b)(Rev.01/2023) Budget Detail page 4 DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT-- PART III. BUDGET DETAIL J. Utilities/Telecommunications Computation Description Quantity Basis Cost Length T meof Total Cost Agency a!h Federal Request $0 $0 Total(s)-Utilities/Telecommunications $0 $0 $0 K. Indirect Costs • Computation Description Base Indirect Total Cost Agency Federal Request Cost Rate Match $0 $0 Totals)-Indirect Costs $0 $0 $0 L. Other Costs Computation Description Quantity Basis Cost Length of Total Cost Agency Federal Request Time Match $0 $0 Total(s)-Other Costs $0 $0 $0 AG/CiPAD p1(h)(Rev.01/2023) Budget Detail page 5 DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT -- PART III. BUDGET NARRATIVE A. Salaries and Wages N/A B. Fringe Benefits N/A C. Travel N/A D. Equipment Ultraviolet-Visible Spectrophotometer(UV-VIS) j The Ultraviolet-Visible Spectrophotometer(UV-Vis)is a scientific instrument that measures the absorption of light by a sample versus the wavelength.The sample is dissolved in a suitable solvent and placed in a fused silica or quartz cell(cuvette).The source light passes through the sample and the detector records the absorption of the light source at different wavelengths.The resulting UV spectrum is used by this laboratory as an"instrumental screening"procedure and is part of the drug analysis protocol.This cost includes the instrument,software,computer and >"f,. monitor,shipping/handling,and an installation and familiarization visit from the vendor and a I-year warranty. Fourier Transform Infrared Spectrometer(FTIR) A Fourier Transform Infrared Spectrometer(FTIR)is a method of infrared spectroscopy that records information about a material placed in an infrared(IR) beam.When IR radiation passes through a sample,some radiation is absorbed by the sample and some passes through(is transmitted).The resulting signal at the detector is a spectrum representing a molecular'fingerprint'of the sample. Interpretation of the resulting FTIR spectra is used to identify or quantify the material.This instrument is used for confirmatory testing in the drug analysis protocol because different chemical structures(molecules) produce different spectral fingerprints.This cost includes the instrument,software,computer, monitor,printer,necessary accessories,an installation,verification,and familiarization site visit from the vendor and a I-year warranty. AG/CPJAD#1(b)(Rev.01/2023) Budget Narrative page 6 E. Supplies Drug reference standard will be used as positive control for identification and verification of target drug compounds and for quality control procedures. Glass vials,caps, pipettes,solvents,culture tubes,and cuvettes are used for routine laboratory work in preparing samples for a variety of presumptive and confirmatory tests. F. Subawards (Subgrants) N/A G. Procurement Contracts N/A H. Insurance N/A I. Lease/Rental of Space N/A J. Utilities/Telecommunications N/A K. Indirect Costs N/A AG/CPJAD#1(b)(Rev.01/2023) Budget Narrative page 7 L. Other Costs N/A AG/CPJAD#1(b)(Rev.01/2023) Budget Narrative page 8 CERTIFICATIONS • Acceptance of Conditions(AG/CPJAD#14) • Acceptance of Coverdell Special Conditions(AG/CPJAD #26) • Certification of Non-Supplanting(AG/CPJAD#3) • Certification of Non-Discrimination(AG/CPJAD#15) • Certification of Non-Discrimination Complaint Procedures(AG/CPJAD #30) • Certification Form—Compliance with the Equal Employment Opportunity Plan Requirements (OMB Control No. 1121-0340) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) (OJP Form 4061/1) EXHIBIT B (Coverdell FY 2022(County)Rev. 03/2023) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees,on behalf of the applicant agency,that: 1. This project,upon approval,shall constitute an official part of the Paul Coverdell Forensic Sciences Improvement Grants("Coverdell grants")under part BB of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3797). 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title VI,Subtitle C,Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (b) conditions applicable to the fiscal administration of grants under Title VI,Subtitle C,Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (c) any special conditions contained in the grant award;and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions,the application obligations or for non-availability of funds. SUBMITTED BY: Signature: `QQ 4 Date: Name: Mitchell D. Roth Title Mayor Agency: Hawaii Police Department,County of Hawaii AG/CPJAD#14 Coverdell 01/2017 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM SPECIAL CONDITIONS The undersigned Grantee understands and agrees, on behalf of its agency,that: 1. Requirements of the Award; Remedies for Non-Compliance or for Materially False Statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the Grantee that relates to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements—whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period—may result in CPJAD taking appropriate action with respect to the Grantee and the award. Among other things, CPJAD may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice and CPJAD also may take other legal action as appropriate. Any materially false, fictitious,or fraudulent statement to the state and/or federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. 3729- 3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead,that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. - 2. Applicability of Part 200 Uniform Requirements Grantee agrees to comply with the financial and administrative requirements set forth in 2 C.F.R. Part 200 and the current edition of the Department of Justice(DOJ) Grants Financial Guide. Grantee understands and agrees that CPJAD may withhold award funds, or may impose other related requirements, if the Grantee does not satisfactorily and promptly address AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 1 outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of CPJAD awards. 3. Reporting Requirements and Performance Metrics Grantee shall comply with all reporting, data collection and evaluation requirements, as prescribed by law and entailed by the BJA in program guidance for the Coverdell program. Grantee shall also complete and submit both semi-annual progress reports and final reports. Semi-Annual Progress Reports Grantee must utilize and complete the Progress Report Format Form,AG/CPJAD#20 (Coverdell), every six months following the calendar year. The progress reports are to cover activities that the Grantee has completed and must include data on the following Coverdell identified performance measures, as applicable: Goal/Objective Performance Measures Data Grantee Provides To improve the quality and Outcome Measure Average number of days to timeliness of forensic services and 1. Percent reduction in the average process a sample at the to reduce the number of backlogged number of days from beginning of the grant period. cases in forensic laboratories. submission of a sample to a forensic science laboratory to Average number of days to the delivery of test results to a process a sample at the end of requesting agency. the grant period. 2. Percent reduction in the number Number of backlogged cases at of backlogged forensic cases. the beginning of the grant period. Output Measure The number of forensic science or Number of backlogged cases at medical examiner personnel who the end of the grant period. completed appropriate training or educational opportunities with Number of forensic science Coverdell funds(if applicable to personnel attending training. the grant) Number of medical examiner personnel attending training programs. The semi-annual reporting periods and due dates are: January 1 through June 30 Due: July 15 July 1 through December 31 Due: January 15 AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 2 Final Report Grantee agrees to submit a final report, at the end of this award,documenting all relevant project activities during the entire period of support under this award. This report will include the following: (1)a summary and assessment of the program carried out with the award, which shall include a comparison of pre-grant and post-grant forensic science capabilities(and shall cite the specific improvements in quality and/or timeliness of forensic science or medical examiner services); (2)the average number of days between submission of a sample to a forensic science laboratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency; and(3)an identification of the number and type of cases currently accepted by the forensic science laboratory or forensic science laboratory system. Grantee is required to collect data necessary for this report. This report is due no later than 30 days following the close of the award period or the expiration of any extension periods. Grantee shall submit the following information as part of its final report: (1) the number and nature of any allegations of serious negligence or misconduct substantially affecting the integrity of forensic results received during the 12-month period of the award; (2) information on the referrals of such allegations(e.g.,the government entity or entities to which referred,the date of referral); (3)the outcome of such referrals(if known as of the date of the report); and(4)if any such allegations were not referred,the reason(s)for the non-referral. Should the project period for this award be extended,the Grantee shall submit the above information as to the first twelve months of the award as part of the first semi-annual progress report that comes due after the conclusion of the first twelve months of the project period, and shall submit the required information as to subsequent twelve-month periods every twelve months thereafter(as part of a semi-annual progress report)until the close of the award period,at which point the Grantee shall submit the required information as to any period not covered by prior reports as part of its final report. Grantee understands and agrees that funds may be withheld(including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. 4. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination 28 C.F.R. Part 38 Grantee, and any subgrantee at any tier,must comply with all applicable requirements of 28 C.F.R. Part 38. Among other things,28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief, a refusal to hold a religious AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 3 belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to Grantee and subgrantee organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Grantees and subgrantees that are faith-based or religious organizations. The text of the regulation, now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1,Part 38,under e-CFR "current"data. 28 C.F.R. Part 42 Grantee, and any subgrantee at any tier,must comply with all applicable requirements of 28 C.F.R. Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 28 C.F.R. Part 54 Grantee, and any subrecipient("subgrantee")at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 5. "Lobbying"Restrictions In general,as a matter of federal law,federal funds may not be used by the Grantee,or any subrecipient("subgrantee")at any tier, either directly or indirectly,to support or oppose the enactment,repeal,modification, or adoption of any law,regulation,or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded from being used by the Grantee,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency, a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee(or subrecipient)would or might fall within the scope of these prohibitions,the Grantee is to contact CPJAD for guidance,and may not proceed without the express prior written approval of CPJAD. AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 4 � a 6. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct Grantee and any subrecipients("subgrantees")at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal, employee, agent,contractor, subcontractor,or other person has, in connection with funds under this award— 1) submitted a claim that violates the False Claims Act;or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud,waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by online submission accessible via the OIG webpage at Imps://oig.justice.gov/hotline/contact-grants.htm (select"Submit Report Online"),or by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division ATTN: Grantee Reporting 950 Pennsylvania Avenue,NW Washington, DC 20530-0001 Hotline fax: (202)616-9881 Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline 7. 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee, and any subgrantee at any tier, must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds,an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety,or a violation of law, rule, or regulation related to a federal grant. Grantee also must inform its employees,in writing(and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 8. Federal Leadership on Reducing Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"74 Fed. Reg. 51225 (October 1, 2009),the CPJAD encourages Grantees and subgrantees to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 5 9. Training(s)/Conference(s) Compliance Grantee agrees to comply with all applicable laws,regulations,policies, and guidance (including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences, meetings,trainings,and other events. Information on pertinent laws,regulations, policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost Chapter. Grantee understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OW Training Guiding Principles for Grantees and Sub-grantees,available at https://www.oip.gov/funding/implement/training-guiding-principles-grantees-and- subgrantees 10. Duplicate Award of Federal Funds Grantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this CPJAD award,and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this CPJAD award,the Grantee will promptly notify, in writing,the assigned Criminal Justice Planning Specialist for this CPJAD award, and,if so requested by CPJAD, seek a budget or project narrative modification to eliminate any inappropriate duplication of funding. 11. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Grantee or subgrantee under this award,or entity that receives a contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law) of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 12. Prohibited Conduct Related to Trafficking in Persons Grantee, and any subgrantee at any tier,must comply with all applicable requirements (including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of Grantees,subgrantees, or individuals defined (for purposes of this condition)as"employees"of the Grantee or of any subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 6 https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)and are incorporated by reference here. 13. General Appropriations-Law Restrictions Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, for each fiscal year, are set out at https://www.oj p.gov/funding/Explore/FY22AppropriationsRestrictions.htm and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 14. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information (PII) Grantee shall have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)of"personally identifiable information"(PII) (2 CFR 200.1), if Grantee 1)creates, collects,uses,processes,stores, maintains, disseminates,discloses, or disposes of such"personally identifiable information"within the scope of the grant-funded program or activity, or 2)uses or operates a"Federal information system" (OMB Circular A-130). Grantee's response procedures must include a requirement to report by email actual or imminent breach of PII to the assigned CPJAD grant manager and to hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach, or the detection of an imminent breach, with the date and time of the breach or detection of an imminent breach, description of actual or imminent breach,project number, project title,name of Grantee, and Grantee contact information. 15. Employment Eligibility Verification for Hiring Under the Award Grantee, and any subrecipient("subgrantee") at any tier,must: a)ensure that, as part of the hiring process for any position within the United States that is or will be funded(in whole or in part) with award funds,the Grantee(or any subgrantee)properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1); AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 7 1 b)notify all persons associated with the Grantee(or any subgrantee)who are or will be involved in activities under this award of both this award requirement for verification of employment eligibility and the associated provisions in 8 U.S.C. 1324a(a)(1)that, generally speaking,make it unlawful,in the United States,to hire(or recruit for employment)certain aliens; c)provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S. C. 1324a(a)(1); and d)as part of recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 recorded retention requirements,as well as records of all pertinent notifications and trainings. For the purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes (without limitation)any and all Grantee(or any subgrantee) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. For the purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the Grantee(or any subgrantee)may choose to participate in, and use, E-Verify (www.e-verify.gov),provided an appropriate person authorized to act on behalf of the Grantee(or subgrantee)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. 16. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated in the application for award(as approved by CPJAD)(or in the application for any subaward at any tier),the funding announcement(solicitation),or an associated federal or state statute—that a purpose of some or all of the activities to be carried out under the award(whether by the Grantee or subgrantee at any tier)is to benefit a set of individuals under 18 years of age. Grantee, and any subgrantee at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance,for certain individuals who may interact with participating minors), and are incorporated by reference here. AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 8 17. Generally Accepted Laboratory Practices Grantee shall ensure that any forensic laboratory, forensic laboratory system,medical examiner's office, or coroner's office that will receive any portion of the award uses generally accepted laboratory practices and procedures as established by accrediting organizations or appropriate certifying bodies. 18. External Investigations Grantee shall ensure that the requirements of 34 U.S.C. section 10562(4) (which relate to independent external investigations into allegations of serious negligence or misconduct by employees or contractors)are satisfied with respect to any forensic laboratory system, medical examiner's office,coroner's office,law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount. 19. Use of Funds No Research. Funds provided under this award shall be used only for the purposes and types of expenses set forth in the solicitation for the Paul Coverdell Forensic Science Improvement Grants Program. Funds shall not be used for general law enforcement functions or non-forensic investigatory functions, and shall not be used for research or statistical projects or activities. Use of award funds for construction of new facilities is restricted by statute. Any questions concerning this provision should be directed to the CPJAD Criminal Justice Planning Specialist prior to incurring the expense or commencing the activity in question. Grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,repeal,modification or adoption of any laws, regulation or policy,at any level of government,without the express prior written approval of CPJAD. 20. Press Releases Grantee shall transmit to the assigned CPJAD Criminal Justice Planning Specialist copies of all official grant-related press releases at least thirty (30)working days prior to public release.Advance notice permits time for coordination of release of information by CPJAD and BJA where appropriate and to respond to press or public inquiries. 21. Development and Use of Publications,Curricula,Training Materials, etc. Grantee agrees to submit to CJAD for review and approval any curricula,training materials,proposed publications,reports,or any other written materials that will be published, including web-based materials and web site content,through funds from this grant at least 45 working days prior to the targeted dissemination date. Any written, video, or audio publications, with the exception of press releases and newsletters, AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 9 whether published at the Grantee's or government's expense, shall contain the following statement: "This project was supported by Grant No. *awarded by the Bureau of Justice Assistance. The Bureau ofJustice Assistance is a component of the Department ofJustice's Office ofJustice Programs, which also includes the Bureau ofJustice Statistics, the National Institute ofJustice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Hawaii Department of the Attorney General." This statement shall appear on the first page of written publications. For audio and video publications, it shall be included immediately after the title of the publication in the audio or video file. - The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. (*) Grantee should contact the assigned CPJAD Criminal Justice Planning Specialist for the federal grant number. 22. Copyrights Grantee acknowledges that the Office of Justice Programs reserves a royalty-free,non- exclusive, and irrevocable license to reproduce,publish, or otherwise use, and authorize others to use(in whole or in part,including in connection with derivative works), for Federal purposes: (1)the copyright in any work developed under an award or subaward; and(2)any rights of copyright to which a Grantee or subgrantee purchases ownership with Federal support. Grantee acknowledges that the Office of Justice Programs has the right to (1)obtain, reproduce,publish,or otherwise use the data first produced under an award or subaward; and(2)authorize others to receive,reproduce,publish, or otherwise use such data for Federal purposes. It is the responsibility of the Grantee(and of each subrecipient, if applicable)to ensure that this condition is included in any subaward under this award. 23. Accreditation Grantee shall ensure that any forensic laboratory or forensic laboratory system(not including any medical examiner's office or coroner's office)that will receive any portion of the award either is accredited or will use a portion of this award to prepare and apply for accreditation by not more than two years from the award date of this award. AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) 10 a If accredited, Grantee must continue to demonstrate such accreditation as a condition of receiving or using the award funds. If not accredited, Grantee must use the award funds to prepare and apply for accreditation. Grantee is to contact CPJAD for clarification or guidance if it should have any question as to what constitutes proper accreditation for the purposes of the Coverdell program.. Award funds may not be used under this award by a forensic laboratory or forensic laboratory system with accreditation(or by such laboratory to obtain accreditation)that CPJAD determines not to be consistent with the Coverdell law and the solicitation or to be otherwise deficient. Grantee agrees to notify CPJAD promptly upon any change in the accreditation status of any forensic science laboratory or forensic laboratory system that receives funding under this award. 24. Required Training Grantee must receive and engage in any training and technical assistance activities recommended by CPJAD and/or the Department of Justice. SUBMITTED BY: Signature: Date: (I Name: Mitchell D. Roth Title -Mayor Agency: Hawaii Police Department,County of Hawaii AG/CPJAD#26 FY 2022 Coverdell Special Conditions(revised 05/2023) I I DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid,be made available for law enforcement,criminal justice, and victim compensation and assistance activities. SUBMITTED BY: Signature: - Date: t Name: Mitchell D. Roth Title `Mayor Agency: Hawaii Police Department, County of Hawaii AG/CPJAD#3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of: • The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex, in Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.) • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race,color or national origin in Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R. §42.101 et seq.) • Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in Office of Justice Programs, Office of Community Oriented Policing Services,and Office on Violence Against Women funded programs or activities.(29 U.S.C. §794 and 28 C.F.R. §42.501 et seq.) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42 U.S.C. §10604) • Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in Office of Justice Programs,Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §12132 and 28 C.F.R. Pt. 35) • Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in Office of Justice Programs,Office of Community Oriented Policing Services,and Office on Violence Against Women funded training or educational programs.(20 U.S.C. §1681 and 28 C.F.R. Pt.54) • The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in Office of Justice Programs,Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R. §42.700 et seq.) • Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. • Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith- based organizations. • The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 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, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part with funds made available through VAWA or the Office on Violence Against Women.(42 U.S.C. § 13925(b)(13)). No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: Signature: 4�� Date: (I 130 Name: Mitchell D. Roth Title: Mayor Agency: Hawaii Police Department,County of Hawaii AG/CPJAD#15(revised 7/2015) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES The U.S. Department of Justice, Office of Justice Programs(OW), 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 Pdlice Chief (808) 961-2243: Name Title Phone (2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware that they may complain of discrimination directly to a subrecipient, to the Department of the Attorney General,or to the Office for Civil Rights. (3) a procedure to investigate the complaint. (The procedure may be an internal investigation or forwarding the complaint to the Department of the'Attorney General, the OCR, or another appropriate external agency.) (4) a procedure to notify the Department of the Attorney General,Crime Prevention and Justice Assistance Division of the complaint. (The Department will forward the complaint information to OCR and may conduct an investigation of the complaint.) (5) a procedure to notify the Department of the Attorney General of the findings of the investigation. SUBMITTED BY: s Signature: [�� Date: ` L 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 Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C.not all three.If recipient completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D. Recipient's Name:Hawaii Police Department,County of Hawaii Address:349 Kapiolani Street.Hilo,Hawaii 96720 Is agency a; o Direct or®'Sub recipient of OJP,OVW or COPS funding? Law Enforcement Agency? Ii Yes o No DUNS Number:613154335 Vendor Number(only if direct recipient) Name and Title of Contact Person:Mary Midkiff,Evidence Specialist it Telephone Number:808-326-4646 x 338 E-Mail Address: mary.midkiff@hawaiicounty.gov Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. ❑Less than fifty employees. ❑Indian Tribe ❑Medical Institution. ❑Nonprofit Organization o Educational Institution ❑Receiving a single award(s)less than$25,000. h [responsible official], certify that [recipient]is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub-grants a single award over$500,000, in addition,please complete Section D Print or Type Name and Title Signature Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has fifty or more employees and is receiving a single award or,subaward,of$25,000 or more,but less than$500,000,then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R.§42.305): I, Benjamin Moszkowicz [responsible official], certify that Hawaii Police Department [recipient],which has fifty or more employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice. The EEOP is on file at the following office: Hawaii Police Department [organization], 349 Kapiolani Street,Hilo,HI 96720 [address]. Benjamin Moszkowicz,Chief of Police 12/13/2023 Print or Type Name and Title AtigiSignature Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award,or subaward,of$500,000 or more,then the recipient agency must send an EEOP Short Form to the OCR for review. I, [responsible official], certify that [recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice. If recipient sub-grants a single award over$500,000,in addition,please complete Section D Print or Type Name and Title Signature Date Section D—Declaration Stating that Recipient Subawards a Single Award Over$500.000 If a recipient agency subawards a srngle aµard of$500 000 or more then'the granting agency should provide a list rncl rdrng name,address and DUNS#of each such sub r ecipren! Sub Recipient Agency Name/Address Sub-Recipient DUNS Numbe• If • additional s"ace in`p necessary,please duplicate this page. OMB Control No.1121-0340 Expiration Date:12/31/2015 INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan(EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,require some recipients of financial assistance from the U.S.Department of Justice subject to the statute's administrative provisions to create,keep on file,submit to the Office for Civil Rights(OCR)at the Office of Justice Programs(OJP)for review,and implement an Equal Employment Opportunity Plan(EEOP).See 28 C.F.R.pt.42,subpt. E.All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements; many awards from OJP,including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and Delinquency Prevention(OJJDP),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements; and many awards from the Office on Violence'Against Women(OVW)are also subject to the EEOP requirements.If you have any questions as to whether your award from the U.S.Department of Justice is subject to the Safe Streets Act's EEOP requirements,please consult your grant award document,your program manager,or the OCR. Recipients should complete either Section A or Section B or Section C,not all three.If recipient completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D. Section A The regulations exempt some recipients from all of the EEOP requirements.Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria:it is a nonprofit organization,an educational institution,a medical institution,or an Indian tribe;or it received an award under$25,000;or it has less than fifty employees.To claim the complete exemption from the EEOP requirements,complete Section A. Section B Although the regulations require some recipients to create,maintain on file,and implement an EEOP,the regulations allow some recipients to forego submitting the EEOP to the OCR for review.Recipients that(1)are a unit of state or local government,an agency of state or local government,or a private business;and(2)have fifty or more employees; and(3) have received a single grant award of$25,000 or more,but less than$500,000,may claim the limited exemption from the submission requirement by completing Section B. In completing Section B,the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that(1)are a unit of state or local government,an agency of state or local government,or a private business, and(2)have fifty or more employees,and(3)have received a single grant award of$500,000 or more,must prepare, maintain on file,submit to the OCR for review,and implement an EEOP.Recipients that have submitted an EEOP Utilization Report(or in the process of submitting one)to the OCR,should complete Section C. Section D Recipients that(1)receive a single award over$500,000;and(2)subaward a single award of$500,000 or more must provide a list;including,name,address and DUNS#of each such sub-recipient by completing Section D. Submission Process Recipients should download the online Certification Form,complete required sections,have the appropriate official sign it,electronically scan the signed document,and then send the signed document to the following e-mail address: EEOPFormsavusdoj.gov. The document must have the following title:EEOP Certification. If you have questions about completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs, 810 7th Street,NW,Washington,DC 20531 (Telephone:(202)307-0690 and TTY: (202)307-2027). OMB Approval No.1121-0340 Expiration Date:12;31/15 t Public Reporting Burden Statement '4 Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to a collection of information unless it displays a current valid OMB control number.We try to create forms and instructions that are accurate,can be easily understood,and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this application is 20 minutes per form.If you have any comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the Office of Justice Programs,810 7th Street,N.W.,Washington,D.C.20531. • U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants'responsibilities.The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. o1,Mitchell D. Roth, Mayor Name and Title of Authorized Representative \ 750\ t'l Signature Date Hawaii Police Department, County of Hawaii Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization OJP FORM 406111 (REV.2/89)Previous editions are obsolete I to Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.