HomeMy WebLinkAboutCOM 0785.000 2000-2002 J~SY Oa N'Ud
Harry Kim a°' ~
_ 9~. William Takaba
~I~i;H;
Mayor Director
w; °e
- :-r Nancy E. Crawford
• :''Q~ Deputy Director
oi=•H~,,s~
COilll~y Of ~~~'~11
Finance IDepartment
25 Aupuni Street, Room l 18 • Hilo, Hawaii 96720
(808)961-8234 • Fax (808)961-8248
October 16, 2002
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council _
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget ;a;,
The State of Hawaii Department of the Attorney General Crime Prevention and Justice Assistance
Division is providing a $130,000 grant to the Hawaii County Police Department for the purchase of
equipment for its crime laboratory. The new equipment will decrease the amount of time
necessary to complete instrumental drug analysis and increase the amount of cases processed.
inclosed is a resolution to authorize the Mayor to enter into an agreement with the State of Hawaii
Department of the Attorney General.
Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating this
$130,000 Increasing Drug Analysis Grant.
If there are any questions, please do not hesitate to call the Police Department.
William Takaba
Director of Finance
APPROVBD:
Harry Kim
Mayor
Bnc.
~>rntln, No.
cc: Police File No.
- ~ OCT 2 2 2002
Form 8-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 10/14/02
STAFF CONTACT: Nori Ishii PHONE: 961-2273
A. REQUEST:
To create an account entitled °`increasing Drug Analysis" for $130,000.00 under object code 480.
To enter into a contract with the State Department of the Attorney General Crimes Prevention and Justice
Assistance Division to provide funding under the Increasing Drug Analysis Grant.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED:
The State Department of the Attorney Genera! Crime Prevention and Justice Assistance is providing a grant
to purchase equipment for the department's crime laboratory. The new equipment will decrease the amount
of time necessary to complete instrumental drug analysis and increase the amount of cases processed.
SIGNED: DATE:
Department Head
GI~le1T SUMMt~IaY
Su lernent to II-52, Re oast for Council Aetion
T e of Grant A ro nation bein re uested: (New or an additional a ro nation)
New (for this fiscal year period). Odd ? Additional appropriation (to an existing grant);
Is a draft agreerrrent attached? Has the origiraal grant notification been transmitted to
Yes ? No Council? ? Yes ? No
Name of Grant Program: Increasing Drug Analysis
Grantor: State Department of the Attorney General Crime Prevention and Justice Assistance Division
County Grantee Department or Agency: Police Department
County Grantee Contact Person: Captain James Day Phone Number: 961-2251
Amount of Grant: $130,000.00
Grant Period (Commencement ~ Completion): November 1, 2002 -October 31, 2003
Purpose of Grant: To increase County Police Department's Crime Lab drug analysis productivity.
County Match required?: ®Yes ®No
If yes, Matching Amount? 43,333.00 Budgeted in account# : 010-201-5218.41-115
In-kind? Explain:
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: Permanent: ? Temporary: Duration:
Full-time: ? Part-time: Time Element:
Qty: Contractual: ? Explain:
L~planation:
,~d~iiti~~nal Comments about Grant:
B-52 Grant Summary Form
Project Number 02-DB-3
CONTRACT
THIS CONTRACT, executed on the respective dates indicated below, is effective
as of November 1, 2002 by and between the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency", by and through the Attorney General, and the Hawaii
Count~Police Department ,hereinafter called "Grantee".
WITNESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
=I2 U. S. C. §5 3711 et sec 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;
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;
career criminal prosecution programs, including the development of model drug control
legislation;
(9) financial im~estigative 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;
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(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;
(Li) 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;
(b1 for criminal justice information systems to assist la~v 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;
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(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;
(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;
(2~) programs to develop or improve forensic laboratory capabilities to analyze DNA for
identification purposes;
(26) programs to assist states in the litigation processing of death penalty federal habeas
corpus petitions;
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(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 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
sen-ices, programs and activities;
Rev. 07:00 $
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
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from November 1, 2002 to
and including October 31, 2003 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
Reti•. 07/00
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 Agencx 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 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 Drums 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 N of the Application for Grant. Grantee covenants that the representations
made in the Drums 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
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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 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.
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
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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 rt~nimum, 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.
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 ~jII of the Civil Rights Act of 1964, section X04 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 197 (age), Executive Order
12138, 44 C.F.R. 29637 (affirmative fiction 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. §S 12101 et seq., and the Hawaii State
Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes.
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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 sec . it will submit
a certification to Agency that a current program is on file.
11. Grantee shall ensure that _ forty-three thousand three hundred
thirty-three and no/100 dollars ($43 333 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 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. PERSOiVNEL.
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 dvritten
approval of Agency.
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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 p~vate 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 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 ~NDEPENDENT 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
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
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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 thirty thousand and 00/100 dollars X5130 000 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 ~r~hich it incurs or may incur in connection
with this Contract.
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
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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
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
not`vithstanding Agency's preliminary determination of appropriateness and allowabiiity.
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
Rev. 07/00 13
Agency. Grantee shall continue to provide the services, programs and activities during the
period that payments are being withheld.
I. II~IDEMNIFIC.4TION.
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 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
Rev. 07;'00 14
subcontractor to which the material may relate, without prior tivritten 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. COPYRIGI-IT 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 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
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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 (~15) 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.
N. TERiy11NATION 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
Rz~~. o~ioo 16
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) calendaz 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 prepazed by
Grantee, under this Contract shall, at the option of Agency become Agency's property and,
together with all information, data, reports, records, maps, and other materials (if any) provided
to Grantee by Agency, shall be delivered and surrendered to Agency 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.
O. 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
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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 condition or of the ~ght 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 (15) calendar days,
shall be decided by the Attorney General, or the Attorney General's duly designated
representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of
the decision to Grantee. The decision of such person shall be final and conclusive. Pending final
decision of such dispute, Grantee shall proceed diligently tivith 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 this Contract. Any such exhibit shall be attached
hereto and thereby incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY")
APPROVED AS TO FORM:
By
Deputy Attorney General, State of Hawaii Print Name Earl I. Anzai
Its Attorney General
Date
HAWAII COUNTY POLICE DEPARTMENT
COUNTY OF HAWAII, ("GRANTEE")
By
Print Name Harry Kim
Title Mayor
Date
APPROVED AS TO FORM
AIVD LEGALITY:
By
Corporation Counsel APPROVAL RECOMRTENDED:
Print Name Lawrence Mahuna
Title Acting Chief of Police
Date ST~p 9 Z00
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CRIME PREVENTION AND JUSTIC]E~`ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
23~ South Beretania Street, Ste. 401
Honolulu, Hawaii 96813
APPLICATION FOR GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Increasing Drug Analysis Productivity
B. APPLICANT AGENCY: Hawaii County Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, HI 96720
D. LOCATION OF PROJECT: Hawaii County
E. PROJECT PERIOD: From LVovember 1, 2002 To October 31, 2003
F. AUTHORIZED Pv'R.POSE AREA: 15a
G. TYPE OF A`i'VARD: New X Continuation
H. TOTAL PROJECT COSTS:
SOCRCE OF FUNDS PERCENT' A.'~fOUNT'
Federal Funds 75% $130, 000
Attorney General lYiatch
Agency Match 25~ $ 43 , 333
TOTAL. 1005'0 $173 , 333
I. PROJECT DIRECTOR
Name: James Day Title: Captain HCPD CIS
Address: 349 Kapiolani Street Telephone: 961-2251 FAX: 961-2376
J. FI~'ANCL~L OFFICER
Name: Gary Maesato Title: Business Manager
Address: 349 Kapiolani Street Telephone: 961-2274 FAX: 961-2376
FOR CPJAD USE -
i ~~o OZ- pp,_
Date received: ~ Project Nuffiber: y3
nc;crt,wrt ,~s~oo~ Attachment A
Part II. Project Description
PROBLEM STATEMENT
The Hawaii County Police Department's Crime Lab was established in 1977 to provide scientific
support for criminal investigations and further assist outside agencies such as the County's Department
of Liquor Control, the State Department of Land and Natural Resources and the Federal Drug
Enforcement Agency. The majority of cases handled by the Crime Lab involve the testing of illicit
drugs such as marijuana, cocaine, methamphetamine, heroin, the increasingly popular designer drugs
such as ecstasy and their precursors found in clandestine labs, and controlled prescription drugs.
Statistics reveal a dramatic increase in the amount of cases received during the past four years.
Year Cases Received Cases Pending Increase/Decrease
1998 68~ 27
1999 821 164 19.85% increase
2000 1,051 392 28.00% increase
2001 1,032 420 1.80% decrease
2002 (Jan.) (22.83% increase over cases received in January 2001)
The rapid increase of cases assigned to the lab has created a backlog of cases averaging six months. An
article published in West Hativaii Today dated August 22, 2001, claims, "The back log of cases slows the
process for charging criminals, giving criminals opportunity to commit more crimes."
The court-accepted standard for instrumental analysis conducted on drug samples by a laboratory
requires identification and confirmation through either the FTIR Fourier Transform Infrared
Spectroscopy method or the GC/MS Gas Chromatography/Mass Spectroscopy method. The Hawaii
County Lab is currently equipped with an antiquated FTIR that is approximately 12 years old and
requires about 1 S minutes to analyze and record a single sample. The lab is also equipped with two (2)
single injection GC/MS systems that are about 8 years old without autosample capability. Single
injection GCtTvIS analysis of'.nown substances take anywhere from 10 to 20 minutes per sample and
requires the criminalist to standby for multiple samples. A single drug case may require as many as 500
individual instrumental analyses, the largest single case encountered in the Hawaii County Crime Lab to
date. Newer models equipped with an autosampler on the GC/MS system is capable of handling as
many as 100 sample injections and is programmable to run overnight or on weekends without the
presence of the criminalist, on regular weekdays this capability frees the criminalist to conduct other
duties, increasing efficiency. Our current FTIR drug library database contains 1422 spectra, the updated
version carries 1940 spectra. Likewise, our GC/1~1S drug libraries have approximately 55,000 spectra,
the updated version has 130,000 spectra. Databases are used to confirm drug identification and detect
drugs not commonly encountered, improved versions will enhance and expedite confirmation.
Current efforts to reduce the backlog of cases include overtime work put in by Criminalists employed by
the County of Hawaii and proposals to acquire faster up-dated equipment.
1 of 3
GOALS AND OBJECTIVES
GOAL - To increase Hawaii County Police Department's Crime Lab drug analysis productivity.
OBJECTIVES - To decrease the amount of time required to complete instrumental drug analysis by
as much as 50%.
To increase the monthly case assignment clearance by at least 10% over the
previous set goals of 80% clearance.
To reduce the amount of cases pending completion by 15% the first year of
implementation.
PROJECT ACTIVITIES
Acquire updated scientific instrumentation by March 31, 2003.
- Two (2) FTIR (Fourier Transform Infra Red) Spectrometer systems
- One (1) GC/MS (Gas Chromatograph! Mass Spectroscopy) system with Autosampler capability
Update drug libraries.
- Replace FTIR library of 1422 spectra with updated library containing 1940 spectra.
- Replace GC/MS library of 55,000 with updated library containing 130,000 spectra.
Conduct drug analysis/confirmation using updated and automated equipment
- Compare amount of time required to complete a single sample analysis using old and new
systems.
- Program autosampler for multiple analysis as needed.
Attend special training course for updated analysis techniques and instrumentation by October 31, 2003.
- All three (3) criminalist employed by the Hawaii County Police Department to attend three (3)
day instrumental training course for FTIR system in Madison, WI. This software operations
course is included with -each system purchase at no additional cost. The three (3) day course is
offered at the Thermo-Nicolet company headquarters located in Madison, WI. This is a complete
comprehensive course that includes the use of all accessories available for the FTIR system. An
on-site training on use of new FTIR systems is included with installation of system.
- Credit for the comprehensive rostrum<ental training course may be applied to the cost of bringing
a trainer in from Madison, WI to conduct a limited training course in Hawaii County.
Increasing ?lie Crime Lab productivity will result in a reduction of the backlog of cases assigned to the
Lab thereby facilitating quicker charging decisions.
2 of 3
PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will work with the Crime Lab Supervisor to purchase updated instrumentation and
schedule training course attendance. The Project Director will report to Assistant Chief 1Nendall Paiva.
Project accountability will be maintained through inventory kept by the Hawaii County Fiscal Office
and Crime Lab case statistics maintained monthly.
PARTICIPATING AGENCIES
The Hawaii County Police Department is the sole agency involved in this project.
PROJECT EVALUATIONS
A comparison on analysis "time" will be reported in the first project evaluation. Time required to
complete a single sample drug analysis using the current GC/MS and FTIR systems and updated
systems will be recorded.
The project will be monitored monthly through the Crime Lab case statistics, which is maintained by
Police Reporter Maxine Hanashiro. Crime Lab case statistics records cases assigned to and completed
by the Crime Lab on a monthly basis and compares the numbers to the previous year totals. The Crime
Lab case statistics also compares the completed cases with the case clearance goals for each month.
A project evaluation will be conducted every six months by Project Director Captain James Day and
Crime Lab Supervisor Kenneth Saito. A progress report shall be completed and submitted to CPJAD
after each evaluation.
3 of 3
.
PART III. BUDGET DETAIL~AND EXPLANATION
COST ELEMENT AMOUi~1T
A. SALARIES AND WAGES
Position Title Monthly Salary
TOTAL SALARIES AND WAGES . $ 0.00
B. FRINGE BENEFITS
Employee .Benefits C~
0
Position title Mor_thly Fringe Cost
TOTAL FRINGE BENEFITS . . $ 0.00
C. CGNSULTANTS (Itemize)
TOTAL CONSULTAi'~TTS . $ 0.00
AG/CPJA..D ~2 OS/Ol
PART III. B;.JDGET DETAIL A1~7D E~PLPNATION (Continues)
COST Ei.,E:"~IEiv'T hMOj,-~jT
D. T?.~~SPCRTATiON AiVD SUBSISTENCE (Itemize)
Air Transportation 3 @ $1200*---------------~-------------------$3600
Per Diem (3) @ $130 x 5 davs*-----------------------------------$1950
Ground Transportation @ $50*---~---_______________________________$ 450
Budget based on 3 individual travel times to Thermo-Nicolet headquarters
in Madison, WI for comprehensive system and accessories training.
TOTAL TRANSPORTATION AND SUBSISTENCE. 6,000
E. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
TOTAL SUPPLIES, POSTP.GE, PFINTING, ETC. 0.00
F. OTnER COSTS (SzCify)
Two (2) FTIR Spectrometers @ $40,616*---------------------------S8J_,232
includes - (1) smart accessory *(cash match of $37,333 app_1_ied
- Drug J_ibrary to total match}
- Extended Warranty
- (1) 3-day FTIR training course with each system valued at $ 1,100
One (1) GCMS System @ $85,000 ----------------------------------$85,000
includes - Autosampler
- Drug library One (1) 3-day FTIR training course @ $1,100
- Extended Warranty (for 3rd criminalist position`
TOT=_r. 0~, ER COSTS . ~ 167, 332
TOT L PROJECT COSTS . S ' 73, 332
Federal $130,000
25°s Agency Match* $ 43,333
TOTAL ....................5173,333
AG/CPJ?.D ;~2 05/01
PART IV. ATTAC~IMENTS
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an off~ial part of Hawaii's Drug Control and System
Improvement Fornula Grant Program established under Title VI, Subtitle C, Part E, Subpart 1, ofthe
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-Drag 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 ~
Signature: Date: ~
Name: James CORREA Title: Police Chief
Agency: Hawaii Police Department
AG/CPJAD ~ 14 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
Signature: Date: ~ °Z°'' C
Name: J~+y S S. CORREA Title: POLICE CHIEF
Agency: HA6dAII POLICE DEPARTMENT
AG/CPJAD ~3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees and
contractors with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, 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 disabilitiy discrimination,
28 CFR Part 35 and Part 39. No person shall, on the grounds ofrace, 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, et. se it will maintain a current one on file.
Noncompliance with the discrimination regulations may result in the suspension or termination of
funding.
SUBMITTED
Si ature: ~?l Date: ~
Name: JAP~1~ S. C~RREA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMEPJT
AG/CPJAD # 15 06/02
. C~~~~F~O~~~ON
Grant Title: Increasing Drug Analysis Productivity
Grantee Name: Hawaii Police Department
Address: 349 Kapiolani Street Contact Person: James Day Tel.#: (808) 961-2251
Hilo, Hawaii 96720 Captain
Grant Nudnber: 02-DB--3 Ava~ard Aonount: ($130,000 federal
$173,333 $43,333 county match)
Date and effective duration ofEEOP: February 23, 1993 (no expiration date)
Policy Statement: See attached.
OE~.~°~F~~~,~ON (ESOP ON 1~ IIaE)
Certification Statement:
JAMES S. CORREA [executive officer], certify that the
HA1dAI I POLIfF DEpARTME,~~,.~QUI'lTY OF HAWAII (organizatieanJ has formulated an Equal
Employment Opportunity Plan in accordance with 28 CiR 42.301, e~ ems., sulspart E, that it has been signed
into effect by the proper authority and disseminated to all employees, and that it is on Eels in the ®ffice of
,IANiFS S _ ~,ORPFA (~atneJ, 349 Kapi of ani Street, Hi 10, Hawaii 96720
(address],
(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 a regul tions.
LICE CHIEF ~~~dZ-"
[signet (title] (date]
C~R'I'IF'IC?A°~ION (NO ESOP R.E(~ITII2EI?)
I HERESY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND
THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 29 CFR 42.301, ~ .
[signature] [title] (date]
OMB Approval No. 1121-0140
Expiration !?ate: 09!30!2002
Paperw€srk I2edaaction Act Notice. Under the Paper~voric Reduction Act, a person is not required to respond
to a collection of information unless it displays a curaertly valid OMF~ control number. We try to create
forms and instn:ctions that are accurate, can be easily understood, and which impose die least possible
burden on you to provide us with information. T'ne estimated average time to complete and file this
certification is 15 minutes-per application. if you have comments regarding the accuracy of this estimate,
or suggestions for making this form simpler, you can write to the Office of Justice Programs, Office for Civil
Rights, 810 7'" Street N.W., Washington, D.C. 20531.
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Services, bona ~~-vices C~nt~r, and public libraries.
f Ci~i=E°4E1V~ QE P®LICY
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=Ci:ls~ @°.:i~LJvT.i~YA~ G a ®Lt::nltl@S ~Xt~Iid Lo a:l ors®$2s,
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? n3SUT~ Eal:m? r.r~aT.y;1¢:Ylt 2P1 r'ecrlll r.Lfent and ~Vm113aLiOn
of an individ'.:al's al;ility, kro~rled~~, skills, and
2. E':.SL'Z4? P1Cr1-Qlscr.~ination in al_ p~rsanne? acticas,
inclucing ;,u r. :~o- l l:~it~d tc r~c_:~it~enr., sel~c° nor.,
i ass i.~r~rr~r,t, CDTfE~~C'iSrZt:on, transfer, lnvotf, and
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as~L i inn ,:~r:slsg~r.tiy .
Pr:.vic~ t at try Bondir_:ons and ^,enetits of. work aze
a~ai.Ia~l~ ~s;::m11v and al:ocat~cl on t::~ 4~asis cf
` estavlisnaa crit~rla anci ~r;t`se~st ciscriatiina-_or~.
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i ~ritt: =ec~rai , state, anc local ia~ts r~la~ln~ _o eclaal
~7~i~1Cygil~Ylt J~DC7rL:17:i~'J _ :C 4LYlr:«~L~V~ 3CtoJr1, :~~rit s:7S~~a:
r~:les gnu '-°-'~:1satlJY:a, °.ZO:'1s1Gns of co'lect_'Je LJar~a31:'al^C i?_:d
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E~?Ei:°'.° is
1 ~'~^0~-1' •aer ~010/V 47~ ~ ~tl H/Ar~ "`9/ 6~J
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
I, HAWAII POLICE DEPARTMENT _ (hereinafter referred to as
"grantee" certifies that it will provide adrug-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;
(b) establishing adrug-free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy ofmaintaining adrug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that maybe 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 tl>e 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;
(f) taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD #16 06102
(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 adrug-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 Ka~iolani street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMITTED BY: < r, L
Signature. Date: ~
Name: JAMES S. CORREA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD # 16 06/02
U.S. t7EPI,RTl~4ENT ~USTtCE
m OFFICE OF JUSTICE 4sROFeRI~MS
?J OFFICE OF Tad£ C0~+19'TROLLER -
~~r~lfl~~i!®n ~g~rding
~lsbarri~t~nt, ~~sp~nsi®n, lnts!lgi~!!!t end d/®lf~nt~~y ~lusi~n
L®ei~~r Tt~r ~®v~r~d ~r~ns~i~t€®n~
(~~b-Reclpl~~t)
This csarYlffcatlvn is required by the regulatloaas irtapiementing £x~cutive Order 125®9, i~et9arment grad
Suspera8lsara, 28 CSR part ti7, secliora 67.590. ~artlclptants' respOnsibllities. The reputatlvns ea+ssrsr pvblishet7
as ~tu~ Vll tars ~i~y 26. 99 FedeFaf ~~QBsSags (p>~p~s 99560.19211).
~~®6tE C®lV~f~L~rtN~ C~I~TI~l~AT80P~, i~F~~ lNS7~~1CTlO~dS ~f~ f~leVlmfiSl
{1) Ttae prosp~ctimrs3 I®anr~r tier patticiparat certifies. by saabrralsslvn vi 4hlg propo~l, Eieat Walther it nor its
principals ar® presently del~rred, susper~e~e~, prses9 fvt debarrrlerat, dec9ar~ lnell flibfe, yr ~tusatarity
a~zclutJe~ frvra~ partlclpatlvsa ir$ 8his traraSactla?re by any f=ederal aiepartrsaera~ yr agency.
(Z) ~6hese 8t3SS prospatctive Ivwer ties particlpa~! !s useable- to cer8ify tv easy ~t tree ~tatesraesats in this certili•
catlvn, Such prvspectiwap pafticfpant staaAl s288acf1 era expfanativn tv this prsspasal..
JAl`1ES S. CORREA, POLICE CHIEF
fdsrras ared TiBie~ u8hori2ed representative
JULY 24, 2002
~1gn8turC ~at8
HA4lAII POLICE DEPART3^ENT
Narrae of Orgara€~atlvn
LANI STREET, HILO, NAylAII 96720
Address of Os€~araiaativra
p;~ fpaua aOG~if R$v :sir, ~+v+..9vs se<•c+~s aro c~ao~~
DEPARTMENT OF THE ATTORNEY GENERAL .
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edation 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 ofthis certification is a prerequisite formaking 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 lmowledge 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 er employee of any Federal agency, a Member of Congress,
an off cer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making o f any Federal grant, the snaking 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial
here and complete and subtnit Standard Form # LLL, A 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 subreeipients shall certify and disclose
accordingly.
HA4JAII POLICE DEPARTI;'sENT
349 KAPIOLANI STREET
HILO, HI 96720 JAMES S. REA, POLICE CHIEF
Name and Address of Organization Name of Authorized Individual
Signature and date
02-rB-3 Bureau of Justice Assistance
Application No. Name of OJP Agency
AG,'CPJAD X22 Rev. 0!02