HomeMy WebLinkAboutCOM 0102.000 2000-2002 r
Harry Kam ~ William Takaba
Mayor Ovenor
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County of Hawari ~-L_.____!
Finance Department CounN)
25 Aupum Stee4 Room 118 • Hilo, FLweu 96720
(608)961-8234 • Fu (606)961-8248
January 24, 2001
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupurn Street
Hilo, Hawaii 96720
Re. Resolution Authorizing County to Enter into an Agreement
Enclosed is a resolution authorizing the Mayor to enter into an agreement for a
Statewide Marijuana Eradication Grant. The man~uana eradication grant, from the State
Department of the Attorney General Crime Prevention and Justice Assistance Division,
will provide the funding for expenses to conduct missions for the elimination of
controlled substances
If there are any questions, please do not hesitate to call the Police Department
y Wdllam Y Takab~~
Director of Finance
APPROVED
Hany Kim
Mayor
Enc.
Cc Police Comm. No•
QCS• ~b.p~ File No.~~`
Ref. To:~C
Ref. Date JAN 3 " 2on1
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a~~, i
BENJAMIN J CAYETANO • EARLI AN2AI
OONERNOR ATTORNEY GENERAL
THOMAS R RELLER
W FIRST DEPUTY ATTORNEY GENERAL
J
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
625 QUEEN STREET
HONOLULU HAwAU 96813
18081 586-1500
Crime Prevention and Justice Ass>.stance Division
October 23, 2000
The Honorable James Correa
Acting Chief of Police
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
Attention. Lt Henry Tavares
Dear Acting Chief Correa.
Enclosed are two copies of the contract for the Statewide
Marijuana Eradicat>_on Task Force project, 00-DB-6.
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
If you have any questions regarding the contract, please call
Earline Yokoi, Criminal Justice Planning Spec>.alist, at 586-1389.
Sincerely,
Adrian Kwock
Branch Chief
AK/EY
Enclosures (2)
C-/01 ~tS• ~6-oi~FG
Project Number 00-DB-6
C O N T RAC T
THIS CONTRACT, executed on the respective dates indicated
below, is effective as of November 1. 2000 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. 3711 gt, 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:
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(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,
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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
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
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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
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;
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(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;
(23) programs that address the need for effective bindover systems
for the prosecution of violent 16- and 17-year old juveniles
in courts with jurisdictions 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;
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(26) programs to assist states in the litigation processing of
death penalty federal habeas corpus petitions;
(27) programs to enforce child abuse and neglect laws, including
laws protecting against child sexual abuse, and programs
designed to prevent child abuse and neglect; and
(28) programs which establish or support cooperative programs
between law enforcement and media organizations, to collect,
record, retain, and disseminate information useful in the
identification and apprehension of suspected criminal
offenders.
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
funds, and is satisfied that all of the requirements of the Act and
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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
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Office of Justice Programs' financial manual entitled "Financial
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from
November 1. 2000 to and including October 31, 2001 unless
this Contract is sooner terminated as hereinafter provided or
unless this Contract is extended in accordance with Section L. of
this Contract
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 nonexpendable 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
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funds received under this Contract shall vest in Agency and such
personal property shall be delivered to the Agency in good working
order upon expiration or sooner termination of this Contract.
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
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 at the time this Contract is executed and will remain true
throughout the entire term of this Contract and any extensions, and
that Grantee shall fulfill all the requirements set forth therein.
Grantee's execution and submission of a false Drug-Free Workplace
Certification, or Grantee's violation of any or all 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
Rev 07/00 9
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 at the time this Contract is executed and
will remain true throughout the entire term of the Contract and any
extensions, and that Grantee shall fulfill any and all terms and
conditions set forth therein.
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 at the
time this Contract is executed and will remain true throughout the
entire term of the Contract and any extensions, and that Grantee
shall fulfill any and all terms and conditions set forth therein
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6. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records, documents
and other evidence which sufficiently, accurately 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 to the
Agency reports in such form and at such times as Agency or the
Bureau of Justice Assistance may require. At a minimum, Grantee
shall submit quarterly financial reports fifteen (15) calendar days
after the end of each calendar quarter. Records and financial
accounts shall be retained by the Grantee and shall be 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.
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.
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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
Americans with Disabilities Act of 1990 42 U.S.C. 12101 et
seQ.,
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. 55 42.301 ~ sea. it will submit a certification to
Agency that a current program is on file.
11. Grantee shall ensure that for ,y thousand.
eighty-four dollars (540.084.00) are available as
matching funds to provide the services under this Contract.
Grantee shall maintain records which clearly and accurately 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
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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
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
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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 and 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
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
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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 all applicable federal, state, and county fees which
may become due and owing by the Grantee by reason of the Contract,
including but not limited to (i) income taxes,(ii) employment
related fees, assessments and taxes and (iii) general excise taxes.
The Grantee also is responsible for obtaining all licenses, permits
and certificates that may be required in order to perform this
Contract.
2. This section shall not be enforced if Grantee is
an agency of the State of Hawaii.
G COMPENSATION.
1 Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily performed
under this Contract, a sum not to exceed one hundred twenty
thousand. two hundred fifty-three dollars (5120.253.00) 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
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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.
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 Grantee
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
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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
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
allowability.
d. Failure to submit required reports by the
applicable 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, activities, or omissions
of Grantee. Grantee shall indemnify and save harmless the State of
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Hawaii, Agency, and their officers, agents, and employees from and
against any and all liability, loss actions, claims, suits,
damages, costs or expenses, including all attorneys' fees, and all
claims, suits, and demands therefore, 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, 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
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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
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, amendment, 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
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of compensation, permitted by this Contract shall be made by
written supplemental agreement to this Contract 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
a party's written request with the other party's written approval
thereon to this Contract No oral modification, alteration,
amendment, change, or extension of any term, provision or condition
of this Contract shall be permitted.
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
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N. TERMINATION OF CONTRACT.
1. If, for any cause, Grantee refuses or fails to
satisfactorily fulfill in a timely or proper manner its obligations
under this Contract or any extension thereof, 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. The Grantee shall continue performance of the
Contract to the extent it is not terminated. Notwithstanding
termination of the Contract, and subject to any directions from the
Agency, the Grantee shall take timely, reasonable, and necessary
action to protect and preserve property in the possession of the
Grantee in which the Agency has an interest.
2. 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.
3. 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
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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.
4. 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
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or
relinquishment of the Agency's right to enforce the same in
accordance with this Contract. 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
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condition or of the right to enforce the same as to any other or
further violation.
P DISPUTES: GOVERNING LAW: VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of by
mutual agreement within fifteen (IS) calendar days, shall be
decided by the Attorney General, or the Attorney Generals 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 Contract in accordance with Agency's
request. The validity of this Contract and any of its terms or
provisions, as well as the rights and duties of the parties to this
Contract, shall be governed by the laws of the State of Hawaii.
Except as otherwise provided in this Section, any action to enforce
this Contract or for breach of this Contract shall be brought only
in a State court of competent jurisdiction in Honolulu, Hawaii.
Q ADDITIONAL CONDITIONS.
Additional conditions may be imposed against Grantee
by reducing them to writing and designating them as exhibits to
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this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein
IN WITNESS WHEREOF, the parties hereto have executed this
Contract
APPROVED AS TO FORM DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY")
Deputy Attorney General, SCate of Hawaii
By
Print Name Earl I. Anzai
Its Attorney General
- Date
HAWAII COUNTY POLICE DEPARTMENT
("GRANTEE")
APPROVED AS TO FORM AND By
LEGALITY: Print Name
Title Mavor
Date
Corporation Counsel
By
Print Name
Title Director of Finance
Date
APPROVAL RECOMMENDED:
Print Name
Title chief of Police
Date
Rev 07/00 24
CRI6tE PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPART>•1ENT OF THE ATTORNEY GENERAL
235 South Beretatita Street, Ste. 101
Honolulu, Hawaii 96613
APPI IC4TION FOR GRANT
PART 1• TiTI.E PAGE
A. PROJECT TITLE: Statewide Marijuana Eradication Task Force
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kaptolani Street Hilo Hawaii 96720
D. LOCATION OF PROJECT: 349 Kaptolani Street, Hilo, Hawaii 96720
E. PROJECT PERIOD: From November 1, 2000 To October 31, 2001
F. AUTHORIZED PURPOSE AREA ~ 2 )
G. TYPE OF AIVARD: New Continuation X
H. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT Al1tOUNT
Federal Funds 7s~ 120 253.00
Attorney Gmeral Match 0
Amer Match 40,084.00
TOTAL I00% 31.00
I. PROJECT DIRECTOR
Name: Henrv J. Tavares, Jr. Title: Lieutenant
349 Kaptolani Street
Address: Hilo, Hawaii 96720 Telephone: (808)961-2253 FAX: (808)961-2372
J. FINANCIAL OFFICER
Name: Gary Maesato Title: _ Business Manager '
349 Kaptolani Street
Address; Htlo, Hawaii 96720 Telephone:~808)961-2274 FAX;
t' q ry ff11 FOR CPIaD l'SE
Date rett~~ed: JU~ 2 ( 2~OI1 Pro~ee[ \umber: 00- flg- Fi
w crieon m,a,~ Exhibit A
STATEWIDE MARIJUANA ERADICATION TASK FORCE
HAWAII COUNTY POLICE DEPARTMENT
PART II. DESCRIPTION OF PROJECT
A. PROBLEM.
Marijuana cultivation within the County of Hawaii continues to be
a significant, ongoing problem, and a major concern to law
enforcement within the County and State of Hawaii.
Unfortunately, since the early 1980's to the present, Hawaii
gained a reputation of being a major "Source State" for high
quality marijuana ranging in price from 5400 to 5600 an ounce
National statistics show that Hawaii ranks among the top three
states in the amount of "cultivated" marijuana grown and
recovered. In 1995, Hawaii was number three in the nation, in the
amount of "cultivated" marijuana plants recovered, following
Kentucky and California (numbers one and two respectively). In
1996, Hawaii was number one, and in 1997, number two, following
Tennessee. In 1996 Hawaii again ranked first.
In 1999, the Statewide Marijuana Eradication Task Force,
consisting of the four (4) County Police Departments, as well as
other Federal and State law enforcement agencies, seized and/or
destroyed 629,312 "cultivated" marijuana plants. The County of
Hawaii accounted for 215,088 of the total.
The County of Hawaii continues to lead the State in illegally
cultivated marijuana The vast land area, a lot of which are in
remote subdivisions and undeveloped land, as well as ideal weather
conditions, provides ideal growing territories and conditions for
marijuana cultivators.
In the past, Law Enforcement received reports from the public,
some of who are hunters, farm workers, and hikers, who were
confronted and threatened by persons with weapons These innocent
citizens are warned to stay away from the area, or to "not disturb
their crop." More currently, hunters and hikers continue to
report sightings of marijuana cultivation.
These types of incidents are infrequent, but they still occur, and
are indicative of the methods and means the marijuana cultivators
resort to, and the value they place on their "crop There are
other documented accounts or incidents that have taken place,
whereby crimes of violence, threats, harassments, and property
crimes have occurred due to conflicts resulting from "rip-offs" or
"territorial rights."
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 2
Another primary concern to law enforcement is the increase of
marijuana consumption among Hawaii's youth. The 1998 Hawaii
Student Alcohol and Drug Use Study conducted by the Hawaii
Department of Health, Alcohol and Drug Abuse Division shows that
21.68 of high school students in the 12`" grade are dependant on
marijuana.
Further studies indicate that the upsurge in marijuana use by
youth is fostered by society's increasingly casual attitude and
more permissive atmosphere toward marijuana. The efforts of
national pro-marijuana groups have been highly publicized. The
June 2000 enactment of the medicinal marijuana bill has led
marijuana advocates to believe that marijuana cultivation has been
legalized.
Despite ongoing eradication and enforcement efforts by the
Statewide Marijuana Eradication Task Force, marijuana cultivation
and/or distribution activities, and operations, continue.
Marijuana cultivators continue to develop and implement new and
innovative methods and expend tremendous efforts to ensure a
"successful harvest" of their illicit crop. This makes
enforcement efforts more difficult.
It is imperative that law enforcement, under the auspices of the
statewide task force concept, continue its coordinated efforts in
developing and improving progressive eradication, investigative,
and prosecutorial avenues, to curtail this problem.
B. GOALS AND OBJECTIVES:
The overall goals of the Statewide Marijuana Eradication Task
Force are to suppress marijuana cultivation, and to minimize
product availability in the State of Hawaii. This will be
achieved through coordinated efforts of the multi-agency task
force, consisting of Federal, State, and local law enforcement
agencies.
She Objectives Are:
1 Maintain a statewide task force of personnel from the four
County Police Departments, the Drug Enforcement
Administration, and other State and Federal law enforcement
agencies.
2 Coordinate and carry out eradication efforts throughout the
State of Hawaii, combining tast force resources and manpower.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE3
3 Standard?ze guidelines and procedures for marguana eradication field
operations.
4 Provide standardized framing m detection, eradication and investigative
techniques, and safety procedures.
5 Eradicate a minimum of 85,000 manJuana plants dunng the project penod.
6. Effect a minimum of 100 arrests relating to the cultivation and/or distribution
of manJuana.
7. _ Enforce c~v?l and/or criminal asset forfeiture proceedings and seize assets, as
applicable.
8 Provide a minimum of four (4) educational presentations regarding manJuana
dunng the project penod.
C PROJECT ACTIVITIES•
I Enforcement efforts will be directed towards marquana eradication and
investigative efforts to identify and arrest manJuana cultivators and/or
distnnbutors
2 The Hawaii County Police Department will continue to take part in
coordinated efforts of the statewide multi-agency task force.
This will include combining resources and manpower dunng field operations
and other enforcement efforts throughout the State of Hawan.
3 The Statewide MariJuana Eradication Task Force will continue to formulate
and maintain effective and standardized manJuana eradication operation
guidelines and procedures for all member agencies within the State.
This will include the development of and training in safety procedures,
eradication techniques, and standardized guidelines relative to helicopter
operations, in maintaining the safety and welfare of the general public and law
enforcement personnel
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 4
9. Training of personnel is an essential and necessary component
to ensure effective and successful operations under the task
force concept. Training will include attending conferences
and workshops on topics that will be instrumental in
increasing the attendees' knowledge, effectiveness, and work
performance.
Training will also familiarize the task force officers with
current trends of various marijuana concerns and investigative
techniques.
5. Personnel will attend bi-monthly meetings in order to share,
collectively identify, and address any new or unusual
marijuana cultivation and/or distribution trends, techniques,
or issues.
Intelligence information is also shared at the bi-monthly
meetings.
6. Educational presentations relating to marijuana will be made
to schools and community groups
D PROJECT ORGANIZATION AND MANAGEMENT:
The project director for the Hawaii County Police Department shall
be the lieutenant of the Hilo Vice Section. The project director
will be responsible for the overall management of the project and
will oversee department activities with the Statewide Marijuana
Eradication Task Force.
The project director reports to the captain of the Criminal
Investigation Division. The Criminal Investigation Division falls
under the command of the Assistant Chief of Investigative
Operations.
PERSONNEL.
Personnel utilized for this project shall be comprised of existing
full-time officers of the Hawaii County Police Department. There
will be no hiring of personnel for this project
_ PARTICIPATING AGENCIES:
1. The Hawaii County Police Department will be the lead agency
for the County Police Departments. We will be responsible for
coordinating communication and liaison activities among
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 5
representatives of the four County Police Departments and will
have the lead role in project activities.
2. The Statewide Marijuana Eradication Task Force, also known as
the Domestic Cannabis Eradication/Suppression Program
(DCE/SP), is comprised of the following County, State, and
Federal agencies:
a. Hawaii County Police Department
b. Honolulu Police Department
c. Maui County Police Department
d Kauai County Police Department
e. Department of Land and Natural Resources
f. Hawaii Army National Guard
_g. Drug Enforcement Administration (lead agency for the
DCE/S P)
h Civil Air Patrol
G. PROJECT EVALUATION:
1. Analysis:
The project director will accurately record data and oversee
efforts and methods used to achieve the goals and objectives
of this project Data will be compiled monthly.
The project director will also determine the success and/or
failure of project operations and whether modifications are
needed for optimum results. Any modifications or deviations
in operating procedures utilized to achieve the goals and
objectives will be recorded in order to form a basis of
comparison.
2. Performance Indicators.
a. The dates of eradication missions where the Hawaii Police
Department is the lead agency.
b. The total amount of marijuana plants eradicated, as well
as volume of processed marijuana recovered
c. The dollar value of marijuana plants eradicated and
processed marijuana recovered
d. The number of persons arrested for cultivation,
possession, and/or distribution of marijuana.
STATEWIDE MARIJUANA TASK FORCE
DESCRIPTION OF PROJECT
PAGE 6
e. The type, amount, and value of assests seized.
f. The number and frequency of personnel provided to other
task force agencies' operations.
g. The number of multi-agency training sessions, number of
officers trained, and types of training received.
h. The number of inter-agency and multi-}urisdictional
investigations conducted
i. The dates of task force meetings and the number of
personnel who attended.
The dates of educational presentations given and the
target audience.
H. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM:
Continued eradication missions and other enforcement efforts by
the Statewide Mari}uana Eradication Task Force will significantly
disrupt cultivation and/or distribution operations as well as
considerably reduce the availability of the product. In
minimizing product availability, marl}uana consumption and abuse
may be reduced
Broadening the scope of enforcement and/or increasing
investigative efforts will serve to deter those who seek profits
from marl}uana cultivation and/or distribution. This will include
conspiracy and financial aspects, along with asset seizures.
PART III. - BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
A. SALARIES AND WAGES
Personnel Overtime: 521,800
Overtime and night differential
pay (excludes straight time) based
on 70 hrs./month @ S20/hr. x 12 mos.;
hazard pay based on 20 missions
@ 5250/mission
Sub-total 5 21, 800
Employee Benefits @ 9 S
TOTAL SALARIES AND WAGES S 21,800
B CONSULTANTS (Itemize)
TOTAL CONSULTANTS 5 0
C. TRANSPORTATION AND SUBSISTENCE (Itemize)
Personnel Travel 512,112
Air fare. 53,552
S98 inter-island x 2/mo
x 12 mos.; S600 out-of-state
x 2/yr.
Per Diem 7,060
72 days inter-island
@ S80/day; 10 days
out-of-state @ 5130/day
Ground Transportation: 1,500
15 rentals @ ave 2 days
per vehicle @ S50/day
TOTAL TRANSPORTATION AND SUBSISTENCE S 12,112
D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. S 0
AG/CPJAD #2 05/96
PART III. - BUDGET DETAIL AND EXPLANATION (Continued)
COST ELEMENT AMOUNT
E. OTHER COSTS (Specify)
Aircraft Rental: 5117,925
Rental of civilian helicopters $77,891
for aerial surveillance and
marijuana eradication
operations based on 6 hrs.
a day missions @ 5650.00 per
hour
258 Agency Match 90,089
Training: 1,000
Expense for tuition and
registration fees to attend
workshops, seminars, and conferences
Equipment. 3,500
Rappel and field equipment
Miscellaneous Supplies: 9,000
TOTAL OTHER COSTS $ 126, 925
TOTAL PROJECT COSTS $ 160,337
AG/CPJAD #2 05/96
BUDGET EXPLANATION
A. SALARIES AND WAGES: S 21,800
Overtime: To compensate officers and civilian staff for working overtime
while conducting Statewide Marijuana Eradication Task force operations
and investigations (516,800)
Hazard: Hazard duty pay based on 25~ of the minimum rate of the salary
range for aerial observers and helicopter rappellers as required
(S 5,000)
B CONSULTANTS•
N/A
C. TRANSPORTATION AND SUBSISTENCE: $ 12,112
_ Personnel Travel: Travel allocation is for all travel to include
airfare, per diem, and ground transportation to take part in Statewide
Marijuana Eradication Task Force missions and operations, including other
task force members throughout the state; to attend task force meetings
and other training within and out-of-state; for confidential informants
D. SUPPLIES, POSTAGE, PRINTING, ETC..
N/A
E OTHER COSTS: S126,425
Aircraft Rental: Rental of civilian helicopters for aerial surveillance
and marijuana eradication operations, based on S650.00 an hour
(577,841)
The Hawaii County Police Department will provide the 258 matching funds
from asset forfeitures for the rental of civilian helicopters for aerial
surveillance and marijuana eradication operations
(590,089)
Training: For tuition and registration expenses to attend a variety of
workshops, seminars and conferences which will further develop the
investigator's knowledge and techniques in marijuana related
investigations and operations 1,000)
Equipment: The purchase of rappel and field equipment to support
personnel in the field (S 3,500)
Miscellaneous Supplies/Costs• The purchase of supplies that are required
to complete the administrative or the investigative requirements of the
project such as food and meals to support personnel during eradication
missions (S 9,000)
PART IV• ATTACHMENTS
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTA.yCE 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 Tile
Vi, Subtitle C, Part E, Subpart i, of the Ant:-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 Just=ce
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. Q
Sianature• ""`^'r"~"r~ Date: l'~~~
Name WAYN G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/C?JAD n14 01/96
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPL,ADTI'ING
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:
~,0~
Signature: G' Dace:~•
Name: WA E G. CARVALHO Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD ~3 01/96
fEPTTFTCATION 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 [he 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 disabilitiy 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 [his 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, et. sea., it will maintain a current one on file. Noncompliance with
the discrimination regulations may result in the suspension or termination of
funding.
SUBMITTED HY: L
Signature: ~ Date: ~~~~0
Name: WAY G. CARVALNO Title: POLICE CHIEF
Aaencv• HAWAII POLICE DEPARTMENT
AG/CPJAD #15 01/96
CERTIFICATION
Grant Title: Statewide Marijuana Eradication Task Force
Grat:ree Name: Hawati Police Department
Address: 349 Kapiolani Street Contact Person: Tet A~:
Hilo, Hawati 96720 Lt, Henry J. Tavares, Jr. (808)961-2253
Grant Number: 00-DB-6 Award Amount: $160,337.00 (5120,253 federal,
540,084 match)
Date and effective duration of ESOP: February 23, 1993 (no expiration date)
Policy Statement: See attached.
CERTIFICATION (EEOP ON FILE)
Certification Statcmeat:
I, WAYNE G. CARVALHO agency executive officer], certify that the
HAWAII POLICE DEPARTMENT, UN [agcy] has
formulated as Equal Employment Opportunity Plaa in accordance with 28 CFR 42.301, et aea .
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 is the Office of WAYNE G. CARVALHO [mate],
349 Kapiolani Street, Hilo, Hawaii 96720
(address],
[title], for review or audit by officials of the cognizant
State plaamng agency oz the Office for Civil Rights, Office of Sustice Programs as required by
relevant laws and regul~a~tio~ns~. ~ ~ h
G,C POLICE CHIEF
[sigaattrre] E G. CARVALH [title] [date]
avv vvvvn vvavv vnv avvvvvvvvvvvv vvvv~nvvvvvvvvv vavvvvvvvvvvevvv nave
CERTIFICATION (NO ESOP REQUIRED)
I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES
AND TF~REFORE I5 NOT REQUIRID TO MAINTAIN AN ESOP, PURSUANT TO 28 CFR
42.301,~T ,~Q.
[signature] [title] [date]
Ezpirauon Date: 12/31/98
Revised 2/22/96
y~ wmat T• s~ataYasr~
~ - ~..,w
~ ~/~p. _
~Jr~~V!
The lffir-...at:ve 1?etion Plars of flit CGUaty of 8iwaii is
av:iiaale for ravie~ at the Mayor's Cffica, DaQastsaaat of C1vil
Serv:ew, 1Casa gervicas Center, aai3 public ].ihraries.
rn~'°~`1S DP PflLIC_'
it is t»e policy of tae Cossoty of Sasraii to take positive and
wntinssirr, action to prosssata es;s:al c}sgartausity its its,_..
_wsnpior=eat aac coat_ac- arogrs.ms acct its its ar_ivitias it:~
s..t' - -
c~_aL a~laynent c;,pn=*•_oitias ext:ead to all persons,
:c,azd_as.s of race, sax, age, religion, color, natiaaal oriaia,
;sndicap, aari_ai atat:ss, or arrest acid court recazd. It is
the intros: of this polir; ta-
.lssura eeL„1 erwariswnn Eh s;at-uitsaaaL aad evaluation
a: an indivi 1's itili~y, kaa++ledge, skills, and
2. ~surw non-disc::sssnat:tsa in all persoanal ar_ic-s.
iaclLC:nq :u r. oar, !s.~atad tD cwcrsit=oat, salee-sor.,
assa_aaent, eosaneasat:an, transfer, layoff, aac
:~1 Ae G1C~1.
3. $.^.SL:~ G .at O~artlEltiaa !or career advancame~ orb
ased an oa ;eciva staaaars3s and erstarsa +?stl ia: j
ca. arwd ra pwri?azt4anca :.tsd e,+sac ::sa xiteraa as
aoc t t e.i eanaass:ertly .
4. ?raviea ti:at eae eandir.:aas aessi tanaiits of Bork are
availstla eys:ally oast al:acstad oa tra !sasia nt
estatlisnao ~stecsa atsc •s;t~srs: aiss:rzmassst:aa.
*ha pn1'-a'I a? e4sa1 op'or-:snir-_~ slsall de apalie3 iz acrarz:sn_s+
vstr. :acaral, stair, and focal taws celaaassg to costal
esolcyeent sac=:ss:~ ti;,= affir_aaive a~iaa. 3arit syataa
rs:ies aaci s~::_st_ans, s:rarisiaas 3f ealler_:~e bats!ai: i.•:e lase
aac eantrac.s, .nd otter iadisse ',ederal aad etatr sags:sr=ars__.
DEPARTMENT OF THE ATTORNEY GENERAL
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
CERTIFICATION REGARDING DRUG-FREE 'RORKP~CE REQUIREMENTS
I. HAWAII POLICE DEPARTMENT (hereinafter
referred to as "grantee" certifies that is will provide a drug-free
workplace by:
(a) publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(bl 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 rece~.ving notice under subparagraph (d)
(2) from an employee or otherwise receiving actual notice of such
conviction;
AG/CPJAD X16 01/96
(f) taking one of the following actions with respect to any employee
who is so convicted:
(1) taking appropriate personnel action against such an employee,
up to and including termination; or
(2) requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d),
(e), and (f).
II. The grantee shall insert in the space provided below the site(s) for the
performance of work done in connection with this specific grant:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMITTED BY:
Name: WAYNE G. C//~~ARVALHO Title: POLICE CHIEF
Signature: ~'7""Y• Date: 1~
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #16 01/96
oeP~RTMENT Of JUSTICE
OFFICE OF JU571CE 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 F~cecuilve Ortler 12:49, Debarment and
Suspension, 28 CFA Para 67, Section 67.510, Participants' responsibilities. The regulations were published
as Part VIl of the May 26, 1988 Federal Register (pages 19160.19217).
(HEFOAE COMPLETING CERTIFtCAT10N, READ INSTRUCTIONS ON REVEASE~
(1) The prospec:ive lower tier participant certifies, by submission of this proposal, :hat nerther it nor its
pnnctpats are presently debarred, suspended, proposed for debarment, declared inefig~ble, or vofuntanly
excluded from participation In this transaction by any Federal department or agency.
(Z) Where the prospective lower tier part[cipant is unable to certify to any of the statements in this certiti
canon, such prospective participant Shall attach an explanation to this proposal.
WAYNE G. LARVALHO, POLICE CHIEF
Name and Title of Authorized Representative
G1Q.y(,t,t_G ~GGGUI~IixiC~-+ 1~`l~ .•oa
Signature Date
HAWAII POLICE DEPARTMENT
Name o! Organization
349 Kaplolanl Street, Hilo, Hawaii 96720
:,cc:ess of Organization
instruc:fons for Certific: ''on
1. By slgntng and submitting this proposal, the prospectfve lower tier panlclpant is providing the
certification set out below.
2 Tha cenlficatfon in this clause is a material representation o} tut upon whit:: reliance was placed
when thu transactlon was entered Into. If it Is later ~ietermmed that the prospec::'re lower tier partlctpant
knowingly rendered an eraneous certlflcatlan, In addition to other remedies avatiable to the Federal
Government, the department or agency with which this transactlon originated may pursue available
remedies, Including suspension andlar debarment.
3. The prospective lower tier partic:Gant shalt provide Immediate written notice to the parson to which
this proposal is submitted if at any time the prospectfve lowertler partlcfpant teams that Its cartttleatlon
was erroneous when submitted ar has became erroneous by reason o} changed elrcumstanees.
4. fie terms "covered transactlon;' "debamd;' "suspended;' "ineligible." "lower tier covered
transactlon," "partlelpant," "person," "pnmary covered transactlon;' "pnnclpal;' "proposal;' and
"voluntarily excluded," as used in this clause, have the meanings set out In the Oefinitlons and Coverage
sections of rules Implementing Executive Order t2°b9.
5. The prospectfve lower tier participant agrees by submitting this proposal that, should the proposed
covered transactlon 6e entered into, It shalt net knowingly enter Into any lowertler covered transactlon
with a person who Is debarred, suspended, declared Ineligible, or voluntarily excluded from parlelpatlon
in this covered transactlon, unless authorized by the department or agency with which thle transactlon
originated. ,
8. The prospectfve lowertler participant funkier agrees by submitting this proposal that It will Include
the clause titled "t;,ertlflcatlon Regarding Oebarment, Suspension, Inaliglblliry and Voluntary
Exclusion-lower TTer Covered Transactions," without modlficatlon, In all lower tier covered
ttansacttona and In all sallcitatlons for lowertler covered trartsaclfona.
7. A partlclpant In a covered transactlon may rely upon a eertifleatlon of a prospectfve participant In a
lower tier covered transactlon that It is not debarred, suspended, lneliglbls, or.voluntarlly excluded from
the covered transactlon, unless It knows that the certltlcatlon Is erroneous. A participant may decide the
method and frequency by which it detennlnes the eligibility of its principals. F.uh partfclpant may check
the Nonprocurement Llst
8. Nothing cnntalned In the foregoing shall be construed to require esta5lishment of a system of
records In order to render In good faith the certlflcatlon required by this clause. The knowledge and
Infonnatlon 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 authonzed under paragraph 5 of these Instructions, It a participant In a
covered transactlon knowingly enters Into a lower tier covered transactlon with a penon who 1s
suspended, debarred, Ineligible, or voluntary excluded from partletpatlon In this transactlon, in addition
to other remedies available to the Federal Government, the department or agency with which thin
transactlon originated may pursue availabte remedies, Including suspension andlor debarment
CL_-iIFIrATION REGARDING L•OBBY~NG
Each person shall file the most current edition of this
certification and disclosure form, if applicable, with each
submission that initiates agency consideration of such person for
an award of a Federal contract, grant, or cooperative agreement of
$100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any non-Federal funds have been paid or will be paid to any
person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member
of Congress in connection with rh;G Federal contract, grant,
loan, or cooperative agreement, the undersigned shall initial
here and complete and submit Standard Form # LLL,
"Disclosure of Lobbying Activities", in accordance with its
instructions .
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers and that all subrecipients shall "
certify and disclose accordingl .
HawaiipPolice Department ^•/1~..,...1, ~ ~
349 Ka iolani Street U ~~~f~p ~ ~
Hilo, Hawaii 96720 WA G. CARVALHO, POLICE CHIEF
Name and Address of Organization Name of Authorized Individual
Signature and date
00-DB-6 Bureau of Justice Assistance
Application No. Name of OJP Agency
Re~~ 1/90