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HomeMy WebLinkAboutCOM 0770.000 1998-2000 40'*IY OF N,•~4 Stephen K. Yamashiro Harry A. Takahashi Mayor Director :r•,. S. K. Schutte ~T6 oF'N? Deputy Countp of W i DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-82,34 • Fax (808) 961-8248 May 1, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance to appropriate $65,193 for the Clandestine Drug Lab Response program, a federally-funded grant. Funding for this grant is to conduct aggressive, comprehensive and coordinated law enforcement activities to detect, identify, access, and counter or neutralize clandestine drug manufacturing laboratories by training officers and purchasing the proper equipment. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the State Department of Attorney General. If there are any questions, please do not hesitate to call the Hawai'i County Police Department. Harry A. T ahas i Director of inane APP VE ~0--Stephen K. Yamashiro Mayor Enc. 1 J Comm. No.~,. -770 File No, R41) OPf~ F'G Ref. Toy Ref. Date MAY 0 2 2000 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 4/27/00 STAFF CONTACT: GARY MAESATO, BUSINESS MANAGER _ PHONE: 961-2274 A REQUEST: To create an account entitled "Clandestine Drug Lab Response" under the following object codes: 115 $19,081 480 $46,112 Total $65,193 To enter into a contract with the State Department of Attorney General Crime Prevention and Justice Asssistance to provide funding under the Clandestine Drug Response Program Grant. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The State Department of Attorney General Crime Prevention and Justice Assistance Program is providing a grant enhance the ability of the Hawaii County Police Department to conduct aggressive, comprehensive and coordinated law enforcement activities to detect, identify, access, and counter or neutralize clandestine drug manufacturing laboratories by training officers and purchasing the proper equipment.. SIGNED: ktw e ' Q*MUAh DATE : - W NE G. CARVALHO POLICE CHIEF rS` O a Cosa., BENJAMIN J. CAYETANO EARL I. ANZAI GOVERNOR ATTORNEY GENERAL THOMAS R. KELLER e FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN STREET HONOLULU, HAWAII 96813 (808) 586-1500 Crime Prevention and Justice Assistance Division April 5, 2000 The Honorable Wayne G. Carvalho Chief of Police Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chieif'.'Yrvalho: Enclosed are two copies of the contract for the Clandestine Drug Lab Response Program, 99-DB-18. After reviewing the contract, please sign as indicated and return both copies to our office. An original contract will be returned to you for your files after the Attorney General has signed the contract. Please do not fill in the contract date as this will be inserted upon execution of the contract. If you have any questions regarding the contract, please call Earline Yokoi, Criminal Justice Planning Specialist, at 586-1389. Sincerely, Adrian Kwock Branch Chief AK/EY Enclosures (2) A '3717 Project Number 99-DB-18 C O N T R A C T THIS CONTRACT, dated by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and the Hawaii County Police Department , hereinafter called "Grantee". WITNESSETH WHEREAS, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U. S. C. S§ 3711 at sea., as amended (hereinafter "Act"), was enacted to make grants to state and local government units to assist them in enforcing state and local laws which establish offenses similar to those established in the Controlled Substances Act, and to improve the functioning of the criminal justice system, with emphases on violent crime and serious offenders, including the following programs: (1) demand reduction education programs in which law enforcement officers participate; (2) multi-jurisdictional task force programs that integrate federal, state and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence and facilitating multi- jurisdictional investigations; (3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and cannabis cultivations; (4) community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; (5) programs to disrupt illicit commerce in stolen goods and property; (6) programs for improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes and fraud against the government with priority attention to cases involving drug-related official corruption; (7) programs for: (a) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang-related and low-income housing drug control programs; (b) developing and implementing anti-terrorism plans for deep draft ports, international airports and other important facilities; (8) career criminal prosecution programs, including the development of model drug control legislation; (9) financial investigative programs that target the 2 identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training and financial information sharing systems; (10) improving the operational effectiveness of the court process by expanding prosecutorial, defender, and judicial resources and implementing court delay reduction programs; (11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs and long-range corrections and sentencing strategies; (12) programs for providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support to their families and for support of themselves in the , institution; (13) programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; (14) programs to provide assistance to jurors and witnesses and assistance (other than compensation) to victims of crime; (15) programs: (a) to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case 3 management and monitoring of drug-dependent offenders and enhancement of state and local forensic laboratories; (b) for criminal justice information systems to assist law enforcement, prosecution, courts and corrections organizations (including automated fingerprint identification systems); (16) innovative programs which demonstrate new and different approaches to enforcement, prosecution and adjudication of drug offenses and other serious crimes; (17) programs addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing; (18) programs for improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse and abuse of the elderly; (19) drug control evaluation programs which state and local units of government may utilize to evaluate programs and projects directed at state drug control activities; (20) programs providing alternatives to prevent detention, jail and prison for persons who pose no danger to the community; (21) programs with the primary goal of strengthening urban enforcement and prosecution efforts targeted at street drug sales; (22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles; 4 (23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year old juveniles in courts with jurisdiction over adults. Certain violent crimes, including murder and felonies committed with firearms, are specified, with reference to 18 U. S. C. § 36; (24) law enforcement and prevention programs that target gangs'or youth who are involved with or are at risk of involvement in gangs; (25) programs to develop or improve forensic laboratory capabilities to analyze DNA for identification purposes; and (26) programs to assist states in the litigation processing of death penalty federal habeas corpus petitions. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; WHEREAS, Grantee, as an agency of the County of Hawaii , is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. Part 33) or guidelines (Bureau of Justice Assistance, Edward Byrne Memorial State and Local Law Enforcement Assistance Program Guidance), and has applied to Agency for receipt of the same as a subgrantee; WHEREAS, Agency has reviewed Grantee's application for 5 funds, and is satisfied that all of the requirements of the Act and its implementing regulations have been satisfied and that Grantee is capable of using the federal funds requested appropriately; WHEREAS, Grantee has demonstrated the capacity to provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal office of Management and Budget circulars and the effective edition of the Office of Justice Programs' financial manual entitled "Financial 6 Guide." B. TERM OF CONTRACT. This Contract shall be in effect for the period from June 1, 2000 to and including May 31, 2001 unless this Contract is sooner terminated as hereinafter provided. C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to Bureau of Justice Assistance, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' financial manual entitled "Financial Guide." 2. If so required by Agency, Grantee shall certify to Agency that any expendable or non-expendable personal property purchased or acquired with funds received under this Contract will be used for criminal justice purposes before title in such property may vest in Grantee. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency. 3. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Drug-Free Workplace Requirements which meets the requirements of the Drug 7 Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), hereinafter referred to as the "Drug-Free Workplace Certification". A copy of the Drug-Free Workplace Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true and that Grantee shall fulfill the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free Workplace Certification shall subject the State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 4. Prior to, or concurrently with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, hereinafter referred to as the "Debarment Certification". A copy of the Debarment Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Debarment certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 8 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Lobbying, hereinafter referred to as the "Lobbying Certification", and any subsequent disclosure forms required under Section 1352, Title 31 U. S. C. A copy of the Lobbying Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own books, records, and documents are available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit reports in such form and at such times as Agency or the Bureau of Justice Assistance may require; at minimum, Grantee shall submit quarterly financial reports twenty (20) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained and accessible to Agency and the United States Department of Justice for at least three years after Agency's grant with the Bureau of Justice Assistance is closed. 9 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local government which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office,of Management and Budget Circular A-128. 9. Grantee will comply with the non-discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), and the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R., Part 42, Subparts C, D, E and G, the American with Disabilities Act of 1990 42 U.S.C. 12101 et sea., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 10. Grantee assures Agency that if it is required to formulate an Equal Employment Opportunity Program in accordance with 28 C.F.R. 42.301 _et sea. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that twenty-one thousand seven hundred thirty-one and no/100 dollars ($21,731.00) 10 are available as matching funds to provide the services under this contract. Grantee shall maintain records which clearly show the source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. D. PERSONNEL. 1. Grantee shall secure at its own expense all personnel required to perform the services required under this Contract. All such personnel shall not be considered employees of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services 11 required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed one year, and funds to the private organization will not 'be released unless and until the requirements set forth in applicable State law or implementing rules are complied with by the subcontractor. All subcontracts shall include provisions to ensure that Grantee is capable of satisfying the requirements of this Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. F. SERVICES AS INDEPENDENT CONTRACTOR. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services 12 performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of income, social security, and other federal, state or local taxes that it may be required to pay. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. G. COMPENSATION. 1. Subject to continuing availability of funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed sixty-five thousand, one hundred ninety-three and no/100 dollars ($65,193.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 13 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this contract to be payable out of federal funds, this contract shall be construed to be an agreement to pay such portion to the contractor only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. C. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the 14 moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowableness. d. Failure to submit required reports by the deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts or activities of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, employees, agents, or subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, 15 Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy certification for review and approval prior to the expenditure of funds for the collection of identifiable research/ statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for 16 hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. L. MODIFICATION OF CONTRACT. Any modification, alteration, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, shall be reduced to a written supplemental agreement and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching 17 a party's written request with the other party's written approval thereon to this Contract. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. If, for any cause, Grantee fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become 18 Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES. Any dispute concerning a matter of fact arising under this contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing 19 and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's request. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By Its Attorney General HAWAII COUNTY POLICE DEPARTMEN'T' COUNTY OF HAWAII ("GRANTEE") APPROVED AS TO FORM AND By LEGALITY: Its Mayor By Corporation Counsel/ County Attorney Its Director of Finance APPROVAL RECOMMENDED: Wayne G. Carvalho Chief of Police 20 CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 425 Queen Street Honolulu, Hawaii 96813 APPLICATION FOR GRANT PART I. TITLE PAGE A. PROJECT TITLE: CLANDESTINE DRUG LAB RESPONSE PROGRAM B. APPLICANT AGENCY: _HAWAII COUNTY POLICE DEPARTMENT C. ADDRESS: 349 Kapiolani Street. Hilo. Hawaii 96720 D. LOCATION OF PROJECT: Hawaii County E. PROJECT PERIOD: From June 1, 2000 To May 31, 2001 F. AUTHORIZED PURPOSE AREA 3 G. TYPE OF AWARD: New X Continuation H. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $65,193.00 Attorney General Match 0% 0 Agency Match 25% 21,731.00 TOTAL 100% $86,924.00 1. PROJECT DIRECTOR Name: ROBERT P. HICKCOX Title: LIEUTENANT Address: 349 Kapiolani St., Hilo, HI Telephone: (808)326-4205 Fax: (808)326-4236 J. FINANCIAL OFFICER Name: GARY MAESATO Title: DIRECTOR OF FINANCE Address: 349 Kapiolani St., Hilo, HI Telephone: (808)961-2274 Fax: (808)961-2390 FOR CPJAD USE Date received: MAR z 8 ~oo Project Number: 99-DB-18 Exhibit A AG/CPJAD #1 (01/96) CLANDESTINE DRUG LAB RESPONSE PROGRAM HAWAII COUNTY POLICE DEPARTMENT PART II. DESCRIPTION OF PROJECT A. PROBLEM: Clandestine Drug Laboratories are operating on the Big Island. On October 10, 1997 at 5:30 p.m., 10 Hawaii County police officers executed a search warrant on residence in Mountain View, in the Puna District. Police had developed information that a subject was distributing a form of methamphetamine, commonly referred to as ice or batu. During the execution of the search warrant, officers soon realized that the residence was being used as a conversion laboratory for converting the raw methamphetamine to the more refined ice. The Hawaii County Fire Department hazardous material unit responded to the scene. Unfortunately none of these fire fighters specially trained in hazardous materials had any training dealing with clandestine laboratories. The fire fighters had no training and the police officers had no equipment. In spite of this, the laboratory was dismantled and transported to the Hilo station. The items transported included unknown chemical liquids that were recovered from the site. This liquid was later determined to be methamphetamine. The following day members from the Honolulu Police Department's Clandestine Laboratory Unit responded to Hilo to assist in the evaluation, proper storage, and recovery of the evidence. These highly trained Honolulu Police Department officers were shocked to learn that our officers had dismantled the laboratory and recovered the toxic chemicals with no "clan lab safety gear". On August 5, 1998, Hawaii County Police Department (HCPD) officers with the assistance of the United States Drug Enforcement Agency (DEA) and Honolulu Police Department (HPD) police officers served a search warrant on a residence in Waiakea Uka. They found a complete processing laboratory for creating methamphetamine from ephedrine tablets and converting the methamphetamine to ice. Clandestine laboratory certified investigators from both DEA and the Honolulu Police Department had to be flown in to process this lab. We were extremely fortunate in this case to be able to wait for the arrival of both the DEA and Honolulu officers. The next time we may not be so lucky. On October 20, 1999, a search warrant was executed at a residence in Kalaoa, North Kona, for crystal methamphetamine. Upon entering the residence, officers immediately noticed a strong chemical odor within the dwelling. Upon securing the residence, there was no evidence or indication of a full scale or conversion laboratory. After clearing the residence, several of the officers complained of dizziness, nausea, and headaches. Subsequent interviews revealed that several of the defendants were "drying" the crystal methamphetamine by heating it over the stove. Prior to executing the search warrant, there was no information or intelligence of any type of cook being done at the residence. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 2 Methamphetamine has been dubbed the drug of the 90's. Each year law enforcement across the country report increased numbers of clandestine laboratories. This epidemic that started in California has found its way east across the United States and west to Hawaii and Guam. We continuously receive information from informants about methamphetamine cooks on the Big Island and we have ongoing investigations involving four confirmed cooks. Clandestine laboratory sites produce both explosive and toxic chemicals. Some of the cooking methods put off extremely deadly gases. One of these gases is so deadly, it will kill in a matter of seconds. Other clandestine laboratory exposures work much slower. California officers are just now suffering severe physical problems including various forms of cancer that are the result of exposures that took place over 10 years ago. Due to the hazardous nature of clandestine laboratories, the Occupational Safety and Health Administration has mandated a 40-hour certification course for anyone who enters a clandestine laboratory site. Officers that attend certification training will learn exactly what type of protective gear is need for entry into a clandestine laboratory site. In addition, they will be trained and certified in the use of the safety gear. Due to the hazards involved in searching for and dismantling a clandestine laboratory, it is essential that Hawaii County police officers have both the training and equipment necessary to do the job safely. B. GOALS AND OBJECTIVES Program Goals The goals of the Clandestine Drug Lab Response Program are: 1. To enhance the ability of the Hawaii County Police Department to conduct aggressive, comprehensive and coordinated law enforcement activities to detect, identify, access, and counter or neutralize clandestine drug manufacturing laboratories operating within the County of Hawaii, and 2. In doing so, ensure the safest possible environment by avoiding or reducing chemical exposure to members of law enforcement and the public. Objectives In order to attain these goals, it is imperative that the Hawaii County Police Department meet the following objectives: 1. Train and certify 14 officers to enter a drug laboratory site. 2. Acquire the necessary equipment and supplies to detect, investigate and dismantle clandestine drug laboratories. CANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 3 3. Educate all members of Hawaii County law enforcement and other members of the community in the County of Hawaii to recognize the signs of a possible clandestine laboratory and the necessary steps in reporting a possible laboratory. 4. Develop protocols with those agencies responding to clandestine laboratories. C. PROJECT ACTIVITIES: To obtain these objectives, the following activities will be undertaken: 1. Clandestine Laboratory Investigator Certification Hawaii County Police Department is currently working with the Honolulu Office of the United States Drug Enforcement Administration and the Honolulu Police Department on its Clandestine Laboratories training program. We have received a tentative commitment from DEA for providing DEA academy clandestine laboratory trainers for the training program. We are currently planning on training and certifying a minimum of 14 officers. This will allow us to have two (2) seven-man clandestine laboratory teams, one for each side of the Island. Four officers out of each team will need the necessary clandestine laboratory safety equipment. Two (2) spare sets of safety equipment will be needed for emergencies, one for each side of the Island. The four-outfitted officers will be the actual entry team. These officers will handle the actual search of the laboratory, the recovery of necessary evidence, and the proper dismantling of the laboratory. The other three members of the team will be comprised of a Lieutenant who will handle overall management of the investigation, the Site Safety Officer who controls all safety/hazard issues during the investigation and the Clandestine Laboratory Coordinator who is responsible for training and equipment. 2. Clandestine Laboratory Investigator Safetyyquipment Purchase the necessary clandestine laboratory safety equipment prior to starting the certification training. Officers can only be certified with the equipment that they will be using during actual investigations. A minimum of 10 complete sets is needed. This will allow for one extra set to use as a spare for each team. 3. Hawaii County Police Department Clandestine Drug Laboratory Investigation Procedure Manual Establish Hawaii County Police Department procedures for the handling of clandestine laboratory investigations. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 4 4. Inter-Agency Response Protocol Development the working relationship and written protocol for inter-agency involvement during a clandestine laboratory investigation. Agencies to include the Hawaii County Police Department, the Hawaii County Fire Department, Hawaii County Civil Defense, the State of Hawaii Department of Health and the United States Drug Enforcement Agency. 5. Law Enforcement Training Conduct in-service training to police officers and recruit school training to new recruits in the recognition and reporting of clandestine laboratories. Conduct presentations to governmental agencies that have contact with the public out in the field such as probation officers, parole officers, building inspectors, and public health investigators. 6. Public Groups Conduct presentations to public groups to include members of the realty board, property managers, neighborhood watch groups and utility service personnel. 7. Clandestine Drug Laboratory Seizures Through the use of a multi agency response team, detect, investigate and neutralize clandestine laboratories. 8. Clandestine Drug Laboratory Seizures Through the use of a multi agency response team, detect, investigate and neutralize clandestine laboratories. D. PROJECT ORGANIZATION AND MANAGEMENT: INVESTIGATIVE OPERATIONS, AREA I & II Assistant Chief The Assistant Chief, Investigative Operations, or designee has general responsibility for the overall management, integration, and coordination of the CDL program and has final authority for participants in clandestine laboratory operations. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 5 Lieutenant. Vice Section. Areas I & II 1. The lieutenant of the clandestine laboratory response team assigns officers to perform duties during all phases of clandestine laboratory operations. 2. The lieutenant will be certified in all phases of clandestine laboratory investigations. 3. The lieutenant or designee establishes the department's Personal Protective Equipment program. 4. Exercises operational control over the department's CDL program. 5. Monitors all aspects of the CDL program to determine program effectiveness. 6. Establishes policy and issues regulations and guidance for processing and investigation of CDL's. 7. Manages the continuing training program for CDL investigations. 8. Apprises higher authorities of significant CDL incidents and situations. 9. Approves operational plans for clandestine laboratory search warrants. 10. Exercises on scene direction to all CDL operations. 11. Supervises CDL investigations. 12. Appoints a site safety officer. 13. Ensures utilization of clandestine laboratory incident report. Case Agents Coordinates CDL operations. 1. Completes the affidavit for search warrant and.secures the search warrant. 2. Coordinates liaison with the Scientific Investigation Section. 3. Develops the operation plan for the execution of the search warrant. 4. Coordinates the disposition of hazardous chemicals. 5. Prepares the investigative report. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 6 6. Coordinates liaison with the prosecuting attorney. 7. Coordinates evidence recovery. 8. Provides a pre-mission briefing to all personnel regarding all known hazards associated with the targeted CDL. Clandestine Laboratory Coordinator 1. Conducts CDL training. 2. Ensures that the assessment team is in place prior to the execution of the search warrant. 3. Provides for the maintenance of all unit equipment and prepared appropriate maintenance records. Equipment will be maintained in accordance with the manufacturers' recommended procedures. 4. Ensures adequate supplies of expendable personal protective equipment are available for all operations 5. Performs monthly preventive maintenance and inspection of all non-expendable personal protective equipment. 6. Maintains records of all exposures to hazardous or dangerous materials by all personnel involved in any CDL mission. 7. Performs field inspections of all personal protective equipment prior to clandestine laboratory operations. Site Safety Officer 1. Ensures the proper use and wearing of all personal protective equipment. 2. Designates the decontamination area. 3. Enforces safety procedures during all phases of the operation. 4. Ensures that the vital signs of personnel utilizing SCBA are taken prior to and after entry to contaminated areas and records those signs on the Clandestine Laboratory Incident Report. 5. Tracks the entry and exit of all personnel during all phases of the clandestine laboratory operation noting times entered and exited and level of personnel protection utilized and records those times on the Clandestine Laboratory Incident Report. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 7 6. Provides for the Decontamination of all exposed personnel including prisoners and non- involved citizens. 7. Provides for the decontamination or disposal of all clothing and equipment. 8. Completes the Hazard Assessment and Recognition Plan (HARP) form. E. PERSONNEL: The Hawaii County Police Department will maintain two clandestine laboratory response teams, consisting of one Lieutenant, two Sergeants, and six police officers each from Area I and Area II. F. BRIEF PERSONNEL BIOGRAPHIES: Robert Hickcox has been employed with the Hawaii County Police Department for approximately 23 years and is currently assigned to the Vice Section, Area II, as a Lieutenant. Lieutenant Hickcox has 12 years experience with the Vice Section in investigating narcotics and other Vice related cases. Lieutenant Hickcox has received some training in the investigation of clandestine laboratory, which includes recognizing clandestine laboratories and familiarization with the equipment used in investigating and dismantling these laboratories. G. PARTICIPATING AGENCIES: 1. Hawaii County Fire Department (HCFD) The Hawaii County Fire Department and especially their HAZMAT Response Team assist the Hawaii County Police Department in providing initial assessment of laboratory sites. They will standby to provide fire suppression, emergency and rescue support. HCFD paramedics will provide emergency medical support for law enforcement personnel investigating clandestine laboratories. 2. State Department of Health (SDOH) The State Department of Health provides assistance in the clean up and disposal of the hazardous waste which is produced when manufacturing illicit drugs. 3. United States Drug Enforcement Administration (USDEA) The United States Drug Enforcement Administration will provide on going training, certification, and re-certification for clandestine laboratory investigations. They will also provide on-site assistance in the investigation of clandestine laboratories. CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 8 4. Neiehborhood Security Watch (NSW) The neighborhood security watches in our community will assist the police department in the dissemination of information concerning clandestine laboratories to members of the public. 5. Other Community Organizations Based on previous experiences, we expect an enthusiastic response on the part of the Hawaii Hotel Association, the local realty boards and property manager groups. H. PROJECT EVALUATION: A progress report to document accomplishments, changes and problems shall be completed every six months during the project period. The report shall be on a form provided by the CPJAD. I. PERFORMANCE INDICATORS The success of the Clandestine Laboratories program will be measured by: 1. The number of clandestine laboratories identified and safely neutralized. 2. The number of police officers certified to conduct clandestine laboratory investigations. 3. The number of officers actually trained in clandestine laboratory identification. 4. The number of non-law enforcement individuals trained in recognizing signs of possible clandestine laboratories and the methods of reporting the laboratories. 5. The completion of a Hawaii County Police Department Clandestine Laboratory Procedures. 6. The written protocols for inter-agency involvement in a clandestine laboratory response. 7. The evaluation of how well the different agencies work together. 8. The number of search warrants served on confirmed clandestine laboratories as a result of information received from the public. 9. The number of defendants arrested, and referred for prosecution for the possession and/or manufacturing of illicit drugs. 1. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM: The greatest challenge faced by law enforcement in clandestine laboratory investigations is the ability to insure the health and well being of both the public and law enforcement officers while CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 9 rigorously pursuing the prosecution of those involved in illicit drug manufacturing. The Hawaii County Police Department and citizens of the County of Hawaii will benefit directly as follows: 1. Currently, the problem of methamphetamine use has escalated to the point of persons trying to set up laboratories and manufacture and distribute their own drugs; 2. clandestine laboratory investigations and ensure toxic chemicals are properly disposed off, PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT A. SALARIES AND WAGES Personnel Overtime: $ 10,000.00 (Part of 25% agency match) Sub-total $ 10,000.00 Employee Benefits @ % 0 TOTAL SALARIES AND WAGES $10,000-00 B. CONSULTANTS (Itemize) $ 0 C. TRANSPORTATION AND SUBSISTENCE (Itemize) Airfare: 5,520.00 $114.00 inter-island x 30/year $700.00 out of-state x 3/year Per diem: $ 8,810.00 82.5 days inter-island @ $80.00/day 17 days out-of-state @ $130.00/day Ground Transportation: $3,750.00 10 rentals @ ave 5/days per vehicle @ $75/day (Part of 25% agency match) TOTAL TRANSPORTATION AND SUBSISTENCE $18,080.00 CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 10 D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize) TOTAL SUPPLIES, POSTAGE, PRINTING, ETC $.00 E. OTHER COSTS (Specify) Trainine : 500.00 Expense for tuition and registration fees to attend workshops, seminars, and conferences Equipment: ...................................................158,344.00 Ten (10) sets of safety equipment (safety gear, MSA SCBA 30 min. Tank, MSA full face APR w/BSP communication unit MSA cartridge for APR, Saranex coveralls, Nomex Coveralls, Butyl gloves, glassware and other supplies) Site Working Equipment (Materials used in processing clandestine laboratories to include decontamination trays, evidence recovery containers, portable decontamination showers, a light and power sources, disposal gloves and air purifying filter) TOTAL OTHER COSTS $58,844.00 TOTAL PROJECT COSTS: $86,924.00 CLANDESTINE DRUG LAB RESPONSE PROGRAM PAGE 11 BUDGET EXPLANATION A. SALARIES AND WAGES: Hawaii County Police Department will provide part of the 25% matching funds by paying for overtime costs for personnel managing and investigating clandestine laboratory related operations. B. TRANSPORTATION AND SUBSISTENCE: Personnel Travel: Travel allocation includes airfare, per diem, and ground transportation for personnel to attend meetings and training in-state and training out-of-state. Also travel for confidential informants. Part of the 25% matching funds will be provided by the travel-related costs. C. OTHER COSTS: Registration Fees: For tuition and registration expenses to attend a variety of workshops, seminars and conferences which will further the investigators' knowledge and techniques in clandestine laboratory related investigations and operations. Equipment: The purchase of safety and site equipment and supplies to support personnel in the field. PART IV. ATTACHMENTS nEPARTMENT OF THE ATTORNEY I`NERAL 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 Hawaii's Drug Control and System Improvement Formula Grant Program established under Title VI, Subtitle C, Part E, Subpart 1, of the Anti- Drug Abuse Act of 1988 (Public Law 100-690). 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (b) conditions applicable to the fiscal administration of grants under Title VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non- availability of funds. SUBMITTED BY: ~j Signature: Date: Name: Wayne G. Carvalho Title: Police hipf Agency: Hawaii Pol i cp Department AG/CPJAD 114 01/96 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY: / - Signature: C~~~~ Date: Name: tdayne G. Carvalho Title: Police Chief Agency: Hawaii Police Department AG/CPJAD 03 01/96 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, and 42 USC 3789 (d) ; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended;. Title II of the Americans with Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 'No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in 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. The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, Yt sec., it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: Signature: 4 ' Date: Name: Wayne G. Carval ho Title: Police Chief Agency: Hawaii Police Department AG/CPJAD 015 01/96 CERTIFICATION Grant Title: Clandestine Drug Lab Response Program Grantee Name: Hawaii Police Department Address: 349 Kapiolani Street Contact Person: TeL (808)326-4205 Hilo, Hawaii 96720 Lieutenant Robert P. Hickcox Grant Number: 99-DB-18 Award Amount: $86,924.00($65,193 federal, $21,731 match) Date and effective duration of ESOP: February 23, 1993 (no expiration date) Policy Statement: (See attached.) CERTIFICATION (ESOP ON FILE) Certification Statement: 1, WA Y N E G. CA RV A L H O [agency executive officer], certify that the HAWAII POLICE DEPARTMENT. COUNTY OF HAWATT (agency] has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, Ij se°.. subpart E, that it has been signed into effect by the proper agency authority and disseminated to all employees, and that it is on file in the Office of WAYNE G. CARVALHO [name], 349 Kapiolani Street, Hilo, Hawaii 96720 [address], Police Chief [title], for review or audit by officials of the cognizant State planning agency or the Office for Civil Rights, Office of Justice Programs as required by relevant laws lFr"om OJA" P- X ~q [signature] WAYNE . CARVALHO [tide] POLICE CHIEF [date] CERTIFICATION (NO ESOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 28 CPR Q. 42.301, 91 [signature] [title] [date] Expiration Date: 12/31/98 Revised 2/22/96 • OCR"" T. A"IF&TO6611 The Affirmative Action Plan of the County of Hawaii is available for review at the Mayor's Office, Department of Civil Service, Rona Services Center, and public libraries. T'%' SMEN i OF POLICY i it is the policy o= the County of Hawaii to take positive and L continuing ac--:an to promote equal opportunity in its I Pmp avment and contract programs and in its activities and 5 • . : W.-S. - sa empiavnent c ozr=ni*_ies extend to all persons, C :ega:d:esz of race, sex, age, religion, color, national oricin, l handican, marital status, or arrest and court. record. rt is the inters of th:s po_ic-e to: I Assure equal r.rParmfnt in recruitment and evaluation of an individual's ability, knowledge, skills, and 2. Ensure ncn-discrimination in all personnel acticns, including put non 1 i=i ted tc recr= i=ent , se lec- i o r. , i ass..gnnent, ccmpensat_on, transfer, lavot , and ,'SlI Ilia C -torl. { t ' 3. Z., is= a t:-.at ommort.l:.ities for career advancemer:L are Lased on on;ective stanoar_ds and criteria valiail re. ared ro oer=nraance and t:.at :::e criteria he I cis:: f t E"i r.:,r.s 15T.Er.L1 Y . . l~ 4. ?rr.vice t:.at the condir.tons and :,enefits of work are availatle equally and allocated on the basis of estatlisnaa criteria and jithout discrimination. I I The ;,-_l ;c7 o= equal ommor_unir-; shall. be armlied in accorcan=e f Witt. _ecera,, state, and local laws relating to equal empicyMent opaor==nity ;..-.d affir-acive action, merit svsr.en rules and tequlat'ons, =ro:•isions of collective baraai^i^c law and conL_sct , =nd atier .:lndinc Federal and state re''quirs enms i DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I. Pol'i ce Chief Wavne G. Carva i ho (hereinafter referred to as "grantee") certifies that it will provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a' controlled substance is prohibited in the grantees workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing a drug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (e) notifying the Department of the Attorney General, State of Hawaii, within ten (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; AG/CPJAD #16 01/96 (f) taking one of the following actions with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (q) making a good faith effort to continue to maintain.a.druq-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani Sircet'- Street Address Street Address Hilo, Haviai i 96720 C ty, State, Zip Code City, State, Zip Code Harrai i County County SUBMITTED BY: Signature: G• &*rub Date: ",?I Name: Wayti G. Carval ho Title: Police Chief Agency: Hauai i Poi i DeparMeni: AG/CPJAD #16 01/96 All& U.S. DEPARTMENT OF JUSTI. 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 67310, Participants' responsibllitles. The regulations were published as Part VII of the May 26,1!88 Federal Register (papas 16160.16211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that nikher 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 or agency. (2) Where the prospective lower tier participant Is unable to certify to any of the statements In this certifi- cation, such prospective participant shall attach an explanation to this proposal. WAYNE G. CARVALHO, POLICE CHIEF Name and Title of Authorized Representative ~1n~r~it-~o t 1,rl4- 11 Signature Otte HAWAII POLICE DEPARTMENT Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720. Address of Organization WO F"M 4WM IHEV 2M" Fwvi&" ed"lons am ebsolsb.