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HomeMy WebLinkAboutCOM 0082.042 2004-2006 OO~tY Oi H,w Harry Kim " W~; Lawrence K. Mahuna Nm~or Police Chief b; ; o~'~r Harry S. Kubojiri ,lr Oi'N•~ Deputy Police Chief County of Hawaii March 20, 2006 POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fax (808)961-8869 TO STACY HIGA, COUNCIL CHAIR AND COUNCIL MEMBERS VIA tjEANNA KO, CONTROLLER ck-- FROM ~ NCE K. MAHUNA, POLICE CHIEF SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 01-55, Section 7(1) Name of Grant Program: Marijuana Eradication Federal or State Grantor: U.S. Department of Justice Drug Enforcement Administration County Grantee Department/Agency: County Police Department Grant No.: 2006-60 Amount of Grant: $341,246.00 Amount of County Match: $0.00 County Revenue & Expenditures Acct 010-201-5219.31 & 3301.95 Grant Period: January 1, 2006-December 31, 2006 Purpose of Grant: To investigate, eradicate and suppress marijuana cultivation and to minimize product availability in the State of Hawaii. If final report required by grantor? yes Notification Attached: yes Comm. No. y Z"TZ Ref. To: Rsf. L~a,~~~ J°ja.VV4ns~,or ~ U. S. Department of Justice Drug Enforcement Administration 9'ae'`/ Agreement Number: 2006-60 AGREEMENT This agreement is entered between the HAWAII COUNTY POLICE DEPARTMENT (HCPD) hereinafter referred to as HCPD and the DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE, hereinafter referred to as DEA, with a reference to the following: There is evidence that trafficking in controlled substances exists and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of HAWAII. The parties hereto agree that it is to their mutual benefit to cooperate in locating and eradicating illicit cannabis plants and in the investigation and prosecution of cases before the courts of the United States and the courts of the State of HAWAII involving controlled substances. The DEA, pursuant to the authority of 21 USC 873, proposes to provide certain necessary funds and HCPD is desirous of securing funds. NOW, therefore, in consideration of the mutual covenants hereinafter contained, the parties hereto have agreed as follows: 1. HCPD, will, with its own law enforcement personnel and employees, as hereinafter perform specified, performed the activities and duties described below: a. Gather and report intelligence data relating to the illicit possession and distribution of marijuana. b. Investigate and report instances involving the trafficking in controlled substances. c. Provide staffing of law enforcement personnel for the eradication of illicit marijuana located within the State of HAWAII. d. Arrest and bring to prosecution defendants charged with violation of the controlled substance laws. e. Send required samples of eradicated marijuana to the NIDA marijuana Potency Monitoring Program. It is understood and agreed by the parties to this agreement that the activities described in Sub-paragraphs a, b, c, d, and e above shall be provided with the existing personnel and that the scope of HCPD program with respect to those activities by such personnel, F'`~"'> Letter of Agreement No. 2006-60 page 2 ' shall be solely at HCPD discretion, subject to appropriate limitations contained in the budget adopted by HCPD. 2. DEA will pay to HCPD the amount of THREE HUNDRED FORTY-ONE THOUSAND TWO HUNDRED FORTY-SIX DOLLARS (5341,246.00) for. the period of JANUARY 1, 2006 TO DECEMBER 31, 2006 to defray the cost relating to the eradication and suppression of illicit marijuana. It is explicitly understood and agreed that Federal funds provided to HCPD under this agreement may not be used to defray costs relating to herbicidal eradication of marijuana without the advance written consent of DEA. The Federal funds provided to HCPD are primazily intended for payment of deputies'/officers' overtime, and salary and overtime of reserve officers while they aze actively engaged in the cannabis eradication process, as well as per diem as appropriate and other direct costs related to the actual conduct of cannabis eradication, such as rental of equipment and vehicles, fuel for vehicles and aircraft, and minor repairs and maintenance necessitated by their use to support cannabis eradication. These Federal funds aze not primarily intended for purchase of equipment. Unless specifically itemized and approved in advance in the operational plan, expenditures for expendable and non- expendable equipment should not normally exceed ] 0% of the total Federal funds awarded. All purchases of property having a useful life of one year or more with an acquisition cost of $300.00 or more per unit or an aggregate cost of $1,000.00 or more require the advance approval of the Domestic Cannabis Eradication/Suppression Program (DCE/SP) coordinator, unless specifically approved in the operational plan. If DEA approves the purchase ofnon-expendable equipment with an acquisition cost of $5,000.00 or more per unit for the use of HCPD personnel engaged in cannabis eradication under this Agreement, DEA may elect to claim ownership of the equipment at the termination of this Agreement. DEA may also, at its discretion, allow HCPD to retain ownership of the equipment for its future use in accordance with applicable Federal rules and regulations. Payment by DEA to HCPD will be in accordance with a schedule determined by DEA and said payment will be made pursuant to the execution by HCPD of a Standard Form SF-270, Request for Advance or Reimbursement, and receipt of same by DEA. However, no funds will be paid by DEA to a statelcounty agency under this Agreement until DEA has received to its satisfaction an accounting of the expenditures of all funds paid to this statelcounty agency during the periods of previous Agreements for this same purpose. These expenditures will be reported on a Standard Form SF-269, Financial Status Report, and December Monthly Accounting Form. 3. Employees of HCPD shall at no time be considered employees of the United States Government or the DEA for any purpose, nor will this Agreement establish an agency relationship between HCPD and the DEA. 4. HCPD shall maintain complete and accurate reports, records and accounts of all obligations and expenditures of DEA funds under this Agreement in accordance with generally accepted accounting principle and in accordance with state laws and procedures for expending and accounting for it's own funds. HCPD shall further maintain its records of all obligations and expenditures of DEA funds under this Agreement in accordance with all instructions provided by Letter of Agreement No. 2006-60 Page 3 DEA to facilitate on-site inspection and auditing of such records and accounts. 5. HCPD shall permit and have available for examination and auditing by DEA, the United States, Department of Justice or the Comptroller General of the United States, or any of their duly authorized agents and representatives, any and al] investigative reports, records, documents, accounts, invoices, receipts or expenditures relating to this Agreement. In addition, HCPD will maintain all such foregoing reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this Agreement, whichever sooner. b. The recipient agrees to comply with the organizational audit requirements of OMB Circular A- 133, "Audits of States, Local Governments, and Non-Profit Organizations." In conjunction with the beginning date of the award, the audit report period of the state or local government entity to be audited under the single audit requirement is (01/2006) to (12/2006). The audit report must be submitted no later than (01/2008) and each audit cycle thereafrer covering the entire award period as originally approved or amended. The management letter must be submitted with the audit report. Subsequent audits must be submitted no later than thirteen 3) months after the close of the recipient organization's audited fiscal year. The submission of the audit report shall be as follows: When the Department of Justice (DOJ) is the cognizant agency, an original and one copy of the audit report shall be sent to: DOJ Regional Inspector General for Audit San Francisco Regional Audit Manager 1200 Bayhill Drive, Suite 201 San Bruno, CA 94066 (415) 876-9220 A copy of your audit transmittal letter addressed to the Regional Inspector General, shall be sent to: Audit Services Office of the Controller Office of Justice Programs 810 7'~ Street, N.W., Room 5303 Washington, D.C. 20531 When DOJ is not the cognizant agency, an original and one copy of the audit report shall be sent to the cognizant agency: \h > r ~y Letter of Agreement No. 2006-60 Page 4 Also, a copy of the audit report shall be sent: DOJ Regional Inspector General for Audit San Francisco Regional Audit Manager 1200 Bayhill Drive, Suite 201 San Bruno, CA 94066 (415) 876-9220 A copy of your audit transmittal letter addressed to the Regional Inspector General, shall be sent to: Audis Services Office of the Controller Office of Justice Programs 810 7`h Street, N.W., Room 5303 Washington, D.C. 20531 The recipient agrees to submit their corrective action plan with the audit report to the DOJ Regional Inspector General for Audit, when there are findingslrecommendations disclosed in the audit report. The corrective action plan should include: (])specific steps taken to comply with the recommendations; (2) timetable for performance and/or implementation date for each recommendation; and (3) description of monitoring to be conducted to ensure implementation. A Department of Justice Order requires the Office of Justice Programs (OJP) to maintain a data base of all grants made by DOJ components (DOJ Order 2900.8A (June 20, 1990) copy attached). To implement this requirement, OJP requires all DOJ components to submit to it a completed form, "Grantee Information for Access, a copy of which is attached, for completion by the recipient. The recipient acknowledges that failure to furnish an acceptable audit as determined by the cognizant Federal agency may be a basis for denial of future Federal funds and/or refunding of Federal funds and may be a basis fur limiting the recipient to payment by reimbursement on a case basis. 7. Executive Order 12549 The participant agrees that an authorized officer or employee will execute and return to the DEA Investigative Support Section (OMS), 240] Jefferson Davis Highway, Alexandria, Virginia 22301, the attached OJP Form 406]/6, "Certification Regarding Lobbying; Debarment, Suspension, and other Responsibility Matters; and Drug Free Workplace Requirements." The participant acknowledges that this agreement will not take effect and that no Federal funds will be awarded by DEA until the completed certification is received. 8. Disclosure of Federal Participation In compliance with Section 623 of Public Law 102-141, the recipient agrees that no amount of this Award shall be used to finance the acquisition of goods or services (including construction services) ~n~l~ Letter of Agreement No. 2006-60 Page 5 for the Project unless the recipient: (a) Specifies in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (b) Expresses the amount announced pursuant to pazagraph (a) as a percentage of the total cost of the planned acquisition. The above requirements only apply to procurements for goods or services (including construction services) that have an aggregate value of $500,000 or more. 9. It is further covenant and agreed that HCPD will hold the DEA, its agents and employees and the United States Government harmless from any and all claims, demands, suits, liabilities and cases of action, of whatever kind and designation, and wherever located in the State of HAWAII, resulting from the DCE(SP funded by DEA. The DEA acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees while on duty and acting within the scope of their employment to the extent permitted by the Federal Tort Claims Act, 28 USC Sections 1346(6), 2671, et seq. 10. HCPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act (as incorporated in the Civil Rights Act of ] 99]) and all requirements imposed or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, D, and F. 1 ] . Within sixty (60) days afrer termination of the Agreement, HCPD will prepare a December Monthly Accounting Form and a SF-269, Financial Status Report, itemizing the breakdown of final expenditures. The December Accounting form and the SF-264, along with a refund check, payable to DEA for any unexpended funds which were advanced by DEA, pursuant to this Agreement will be returned to DEA. 12. Upon submission of the SF-269 and December Accounting Form to the Investigative Support Section (OMS) for the preceding year, a copy of the general ledger and the underlying supporting documentation reflecting the expenditures for equipment in excess of $5,000 and the expenses associated with the rental or leasing of vehicles or aircraft must be attached. 13. The duration of this Agreement shall be as specified in Paragraph 2. The terms of this Agreement may be terminated by either party for good cause shown by notice in writing given to the other party thirty (30) days prior thereof. All obligations that are outstanding on the above prescribed termination date or on the date of any thirty (30) day notice of termination shall be liquidated by HCPD within sixty (60) days thereof, in which event DEA will only be liable for obligations incurred by HCPD during the terms of this Agreement. In no event shall HCPD incur any new obligations during the period of notice of termination. HCPD shall return to DEA all unexpended funds forthwith afrer the sixty (60) days liquidated period. Letter of Agreement No. 2006-60 Page 6 •:•:•$THE HAWAII COUNTY POLICE DEPARTMENT y. '~;~Title: Date: DRUG ENFORC (EMS ENT ADMINISTRATION By:"v Date: Spe tal Agent in Charge Los Angeles Field Division *DEA ACCOUNTING DATA: DEAIFFS INPUT DATE: BY: *DIVISIONAL FISCAL CLERK MUST INPUT INTO DEAfFFS TO BE FILLED OUT BY HEADQUARTERS: APPROVAL FOR PAYMENT This is to verif}~ that all of the administrative detem~inations have been made, that the payment is legal, proper, correct and approved for payment. Amount: $341,246.00 Obligation Doc No. See Above Line No. Signature Printed Name fTitle Philip A. Jessar -Chief, Investigative Supaort Section Date Approved / ~p~ IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. COUNTY OF Hawaii APPROVED AS TO FORM AND LEGALITY: BY HARRY KIM Corporation Counsel ITS MAYOR STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2005, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County ofHawaii (2000), as amended, and said HARRY KIM acknowledged said instnunent to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: OMB APPROVAL NO. PAGE OF . 0$48-004 1 2 PAGES REQUEST FOR ADVANCE a. x'one abort boxes 2. BASIS OF REQUEST OR REIMBURSEMENT TYPE OF ? ADVANCE ? REIMBURSE- ? CASH PAYMENT MENT REQUESTED b x'Ihe applicable box (See instructions on back) ? FINAL ? PARTIAL ? ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT 4. FEDERAL GRANTOR OTHER ~ 5. PARTIAL PAYMENT REQUEST TO WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST DRUG ENFORCEMENT ADMINISTRATION BY FEDERAL AGENCY 2006-60 6. EMPLOYER IDENTIFICATION 7. RECIPIENT'S ACCOUNT NUMBER g. PERIOD COVERED BY THIS REQUEST NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, year) 99-6000567 N(A JANUARY 1, 2006 DECEMBER 31, 2006 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is ro be sent i/dil/erent than Item 9J Name: Name: HAWAII COUNTY POLICE DEPARTMENT C/0 DEA Number Number 300 ALA MOANA BLVD., ROOM 3129 and Street and Street: HONOLULU, HAWAII N/A City, Stete City, State and ZIP Code: and ZIP Code: 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTSIADVANCES REQUESTED PROGRAMS/FUNCTIONS/ACTIVITIES Y- Original Letter TOTAL of Agreement a. Total program (qs of date) outlays to date 391 29 6.00 391 29 6.00 D. Less: Cumulative program income 0.00 c. Net program outlays (Line a minus line b) 391 296.00 0.00 0.00 391 296.00 d. Estimated net cash outlays for advance eriod 0.00 E. TO1aI (Snm Ol linE5t 8dj 341 L4l,.GO O.OO U.UU 391 246.00 t. Non-Fetleral share otamount on knee 0.00 g. Federal share of amount on knee 391,296.00 341,296.00 h. Federal pa menu previously requested 0.00 i. Federal share now requested (Line g minus lineh 391 246.00 0.00 0.00 391 296.00 j. Advances required by t st month month, when requested 391, 296.00 391, 296.00 by Federal grantor 2nd month 0.00 agency for use in making p rescheduletl advances 3rd month 0.00 12. ALT RNAT C PUTATiON FOR DVANC ONLY a. E stimated Federal casD outla s that will be made dorm eriod covered b the advance W b. less' Estimated balance of Federal cash on hantl as of be innin of atlvance eriod c. Amount re nested Line a minu tin b ~ 0.00 AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev. 7-97) Prescribed by OMB Circulars A-102 and A-110 13.... CERTIFICATION ' •'l "CerU{p: {fret to the best of my SIGNATURE OR AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST .'.kn4wJe~lge;and belief the data on SUBMITTED • ~ ~h • • ~e 's's bre correct and that all .made in accordance • • with' .grant conditions or Other TYPED OR PRINTED NAME AND TITLE TELEPHONE (AREA CODE, agfsemetth.and that payment is NUMOER AND EXTENSION) - 'doe' and fias not been previously requested. This space tar agency use Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for revievng instuctons, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Otfice of Management and Budget, Paperwork Reduction Project (0346-0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11 e, 11f, 11g, 11i, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Item Entry Item Entry 2 Indicate whether request is prepared on cash or accrued activity. If additional columns are needed, use as many expenditure basis. All requests for advances shall be additional forms as needed and indicate page number in prepared on a cash basis. space provided in upper right; however, the summary totals of all programs, functions, or activities should be 4 Enter the Federal grant number, or other identifying. shown in the "total" column on the first page. number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one 11a Enter in "as of date," the month, day, and year of the grant or other agreement, insert N/A; then, show the ending of the accounting period to which this amount aggregate amounts. On a separate sheet, list each applies. Enter program outlays to date (net of refunds, grant or agreement number and the Federal share of rebates, and discounts), in the appropriate columns. For outlays made against the grant or agreement, requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the 6 Enter the employer identification number assigned by the amount of indirect expenses charged, the value of U.S. Internal Revenue Service, or the FICE (institution) in-kind contributions applied, and the amount of cash code if requested by the Federal agency. advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued ? This space is reserred for an account number or other expenditure basis, outlays are the sum of the actual cash identifying number that may be assigned by the recipient. disbursements, the amount of indirect expenses incurred, and the net increase (or decrease) in the 8 Enter the month, day, and year for the beginning and amounts owed by the recipient for goods and other ending of the period covered in this request. If the property received and for services performed by request is for an advance or for both an advance and employees, contracts, subgrantees and other payees. reimbursement, show the period that the advance will cover. If the request is for reimbursement, show the 11b Enter the cumulative cash income received to date, if period for which the reimbursement is requested. requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the Note: The Federal sponsoring agencies have the option of cumulative income earned to date. Under either basis, requiring recipients to complete items 11 or 12, but not enter only the amount applicable to program income that both. Item 12 should be used when only a minimum was required to be used for the project or program by the amount of information is needed to make an advance terms of the grant or other agreement. and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be 11 The purpose of the vertical columns (a), (b), and (c) is to made during the period covered by the advance. provide space for separate cost breakdowns when a project has been planned and budgeted by program, 13 Complete the certification before submitting this request. function, or i STANDARD FORM 270 (Rev. 7-97) Back ce °"-;~A s wW~ey Memorandum FO Subject Date Grantee Information for ACCESS February 13, 2006 To From Audit Services Drug Enforcement Administration Investigative Support Section 1. GRANTEE: Hawaii County Police Department 2. GRANTEE ADDRESS: 349 Kapiolani Street Hilo, HI 96720 3. GRANT/LOA NO.: LK'E/SP Agreement No. 2006-60 4. GRANT PERIOD: January 1, 2006 throught Decanter 31, 2006 5. AUDIT REPORT PERIOD: N/A 6. COGNIZANT AGENCY: Department of ,justice 7. RECIPIENT TYPE: Ol AGENCY LEVEL: 03 (Code) (Code) Recipient Type and Agency Level Codes: Ol -Law Enforcement 02 -State 03 -County 04 -City 8. REASON OR MEMO: (Check as many of the following as apply) a. New Grantee: [ ] e. Change in Audit Report Period: [ ] b. New Award: [X ] f. Change in Cognizant Agency: [ J c. Change in Grantee Address: [ ] g. Other: [ ] d. Chang in Aware Report Period: [ ] (Specify) NOTE: If submission is for a CHANGE ONLY (8c - 8g) to information previously submitted to Audit Services, you will only need to complete Item 1 in Items 1-6 in addition to your change information. 2~ U.S. DEPARTMENT OF JUSTICE (j;@x t OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352, Title 31 of the U.S. Code, and statutes or commission of embeulement, theft forgery, implemented at 26 CFR Part 69, for ppersons entering into a bribery, falsification or destruction of records, making false ggrant or cooperative agreement over 5100,000, as defined of statements, or receiving stolen property; 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or (a) No Federal appropriate tunds have been paid or will be civilly charged by a governmental emity (Federal, Stale, or ypard, by or on behalf of the undersigned, to any person for in- local) with commission of any of the offenses enumerated in tluencing or attempting to influence an officer or employee of paragraph (1)(b) of this certification; and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- ((d) Have not within athree-year period preceding this applica- nection wrth the makmg of any Federal grant, the entering into Eton had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local) terminated for cause or default; and renewal, amendment, or modification of any Federal grant or - cooperative agreement; B. Where the applicant, is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 3. DRUG-FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure of As required by the Drug Free Workplace Act of 1988, and Lobbying Activities," in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.6`20- {c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards A. The applicant certifies that it will or will continue to provide at all tiers (including subgrants, contracts under grants and a drug-free workplace by: cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,, possession, or 2. DEBARMENT SUSPENSION, AND OTHER use of a controlled substance is prohibited in the grantee's RESPONSIBILITIf MATTERS workplace and specifying the actions that will be taken against (DIRECT RECIPIENT) employees for violation o such prohibition; (b) Establishing an on-going drug-free awareness program to As required by .Executive Order 12549, Debarment and inform employees about- Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in primarryy covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 26 CFR Part 67, Section 67.510- A. The applicant certifies that it and its principals: (2) The granlee'S policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee (a) Are not presently debarred, suspended, proposed for debar- assistance programs; and merit, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions try any Federal department drug abuse violations occurring in the workplace; or agency; (c) Making it a requirement that each employee to be engaged (b) Have not within athree-year period preceding this applica- in the performance of the grant be given a copy of the state- tion been convicted of or had a civil judgment rendered against merit regwred by paragraph (a); them (or commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (d) Notifying the employee in, the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days aftfter receiving notice under subparagraph (d (2) from an Check ? if there are workplace on file that are not identified employee or otherwise receiving actual notice of such convic- here. lion. Employers of,convicted employees must provide notice including position title, to: Department of Justice, Office of Section 67, 630 of the regulations provides that a grantee that Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, is a State may elect fo make one certification in each Federal N.W., Washington, D. C. 20531. Notice shall include the iden- fiscal year. A copy of which should be included with each ap- tification number(s) of each affected grant; plication for Department of Justice funding. States and Stafe agencies may elect to use OJP Form 406117. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ? if the State has elected to complete OJP Form respect to any employee who is so convicted- 4061/7. (1) Taking apppropriate personnel action against such an employee, up to and including termination consistent with the DRUG-FREE WORKPLACE requirements of the Rehabilitation Act of 1933, as amended; or (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a As required by the Drug Free Workplace Act of 1988, and drug abuse assistance or rehabilitation program approved for implemented al 28 CFR Part 67, Subpart F, for grantees, as such purposes by a Federal, State, or local health, law enforce- defined at 28 CFR Part 67; Sections 67.615 and 67. 20- ment, or other appropriate agency; A. As a condition of the grant I certify that I will not engage (g) Making a good faith effort to continue to maintain a dru in the unlawful manufacture distribution, dispensing posses- ree workplace through implementation of paragraphs (a), (b~, sion, or use' of a coMroljed substance in condition any (c), (d), (e), and (f). activity with the grant; and B. The grantee may insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done in connection with violation occurring during the conduct of anyy grant activity, I the specifc grant: will report the, conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, slate, zip Programs, ATTN: Control Desk, 633 Indiana Avenue. N.W., code) Washington, D.C. 20531. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Hawaii Cotanty Police Department 349 Kapiolani Street Hilo, HI 96720 2. Application Number and/or Project Name 3. Grantee IRSNendor Number DCE/SP Agreement No. 2006-60 4. Typed Name and Title of Authorized Representative •Si§riature 6. Date