HomeMy WebLinkAboutCOM 0082.079 2004-2006 OatY Oc Hqw
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~ Lawrence K. Mahuna
Harry Kim police Chief
.Mnyor
' Harry S. Kubojiri
•'+iE o~~Hi!'• Depury~ Police Chief
County of Hawaii
October 18, 2006 POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 Fax (808) 961-8669
TO STACY HIGA, COUNCIL CHAIR AND COUNCIL MEMBERS
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VIA D KO, CONTROLLER 0""
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FROM RENCE K. MAHUNA, POLICE CHIEF r•
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SUBJECT NOTIFICATION OF GRANT AWARD ~
Compliance with Ordinance No.oia-lq, Section 7(1) i
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Name of Grant Program: Statewide Marijuana Eradication
Federal or State Grantor: State Department of the Attorney Genera
Crime Prevention and Justice Assistance
Divison
County Grantee Department/Agency: County Police Department
Grant No.: 04-DB-22
Amount of Grant: $159,000.00
Amount of County Match: $530,000.00
County Revenue & Expenditures Acct 010-201-5219.48 & 3304.77
Grant Period: September 1, 2006 -August 31, 2007
Purpose of Grant: To suppress marijuana cultivation and to
minimize product availability in the State
of Hawaii.
Is final report required by grantor? yes
Notification Attached: yes Q
Comm. No. v Z•~
Ref. To: ^
Ref. Uate ~T 2_
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~a'° MARK J. BENNE7T
LINDA LINGLE y,~" .~~'~i~ ATTORNEY GENERAL
GOVERNOR 11
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LISA M. GINOZA
~~°<~e~ex~a~ FIRST DEPUtt ATTORNEY GENERAL
STATE OF HAWAII v ~ ~ ~ ~ "
DEPARTMENT OF THE ATTORNEY GENERAL -
Crime Prevention & Justice Assistance Division - ~ ~ - ~
23$ SOUTH 6ERETANIA STREET, SUITE 401
HONOLULU, HAWAII 96813
(808)$86-1500
October 12, 2006
The Honorable Lawrence Mahuna
Chief of Police
Hawaii County Police Deparhnent
349 Kapiolani Street
Hilo, Hawaii 96720
Dear Chief Mahuna:
Enclosed is the fully executed contract for the following project:
Project Number: 04-DB-22
Project Title: Marijuana Eradication Task Force
Project Period: 09/01/2006 - 08/31/2007
Federal Amount: 15$ 9,000
AG Match: ~0
Agency Match: 53 000
Total Project Cost: $212,000
You may begin to request funds for your project by submitting a Request for Funds and
Cash Balance Report Form (AG/CPJAD form# 7) to our office.
If you have any questions or concerns regarding the contract, please call Ralph Uyeoka at
586-0888.
We look forward to the implementation of this project.
Sincerely,
I
(C ~'1
Lari Koga
Administrator
LK/RU
Enclosure
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Project Number 04-DB-22
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of September 1, 2006 by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency", by and through the Attorney
General, and Hawaii 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 et se 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;
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(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
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enforcement through the use of crime analysis
techniques, street sales enforcement, schoolyard
violator programs, gang-related and low-income housing
drug control programs;
(b) developing and implementing anti-terrorism plans for
deep draft ports, international airports and other
important facilities;
(8) career criminal prosecution programs, including the
development of model drug control legislation;
(9) financial investigative programs that target the
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;
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(12) programs for providing prison industry projects designed
to place inmates in a realistic working and training
environment which will enable them to acquire marketable
skills and to make financial payments for restitution to
their victims, for support to their families and for
support of themselves in the institution;
(13) programs which identify and meet the treatment needs of
adult and juvenile drug-dependent and alcohol-dependent
offenders;
(14) programs to provide assistance to jurors and witnesses and
assistance (other than compensation) to victims of crime;
(15) programs:
(a) to improve drug control technology, such as pretrial
drug testing programs, programs which provide for the
identification, assessment, referral to treatment,
case 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);
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(16) innovative programs which demonstrate new and different
approaches to enforcement, prosecution and adjudication of
drug offenses and other serious crimes;
(17) programs addressing the problems of drug trafficking and
the illegal manufacture of controlled substances in public
housing;
(18) programs for improving the criminal and juvenile justice
system's response to domestic and family violence,
including spouse abuse, child abuse and abuse of the
elderly;
(19) drug control evaluation programs which state and local
units of government may utilize to evaluate programs and
projects directed at state drug control activities;
(20) programs providing alternatives to prevent detention, jail
and prison for persons who pose no danger to the community;
(21) programs with the primary goal of strengthening urban
enforcement and prosecution efforts targeted at street drug
sales;
(22) programs for the prosecution of driving while intoxicated
charges and the enforcement of other laws relating to
alcohol use and the operation of motor vehicles;
(23) programs that address the need for effective bindover
systems for the prosecution of violent 16- and 17-year old
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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;
(26) programs to develop and implement anti-terrorism training
and procure equipment for local law enforcement
authorities;
(27) programs to improve the quality, timeliness, and
credibility of forensic science services for criminal
justice purposes;
(28) 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
(29) 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.
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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 services,
programs and activities;
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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 September 1, 2006 to and including August 31, 2007
Rev. 08/04 $
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 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.
Rev. 08/04 9
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,
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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
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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 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
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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-133.
9. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and
Safe Street Act of 1968 which prohibits discrimination in
employment and in the delivery of services or benefits on the
basis of race, color, national origin, religion, and sex; Title
VI of the Civil Rights Act of 1964 which prohibits
discrimination in the delivery of services or benefits on the
basis of race, color, and national origin; Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 which prohibit discrimination in
employment and in the delivery of services or benefits based on
disability; Title IX of the Education Amendments of 1972 which
prohibits discrimination on the basis of sex in training or
education programs; and the Age Discrimination Act of 1975 which
prohibits discrimination in the delivery of services or benefits
on the basis of age; Department of Justice regulations on
disability (nondiscrimination on the basis of disability in the
state and local government services, public accommodations and
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commercial facilities, and accessibility standards), 28 C.F.R.
Part 35; Exec. Order No. 13279 (equal protection of the laws for
faith-based and community organizations); Exec. Order No. 13166
and U.S. Department of Justice, Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English
Proficient Persons; the Hawaii State Fair Employment Practices
Act, Chapter 378, Hawaii Revised Statutes; and all other
applicable federal and state laws, rules and regulations.
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 sue. it will submit a
certification to Agency that a current program is on file.
11. Grantee shall ensure that Fifty three
thousand and 00/100 dollars ($53,000.00)----
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.
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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
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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 INDEPENDENT CONTRACTOR.
I. 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.
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Furthermore, Grantee intentionally, voluntarily, and knowingly
assumes the sole and entire liability if such liability is
determined to exist, to its agents and employees or to third
persons, for all loss, cost, damage or injury caused by
Grantee's agents and employees in the course of their
employment. The performance of work under this Contract alone
shall not be construed as employment with the State of Hawaii
and shall not entitle Grantee's agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes. Grantee shall be
responsible for payment of 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
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performed under this Contract, a sum not to exceed One hundred
fifty nine thousand and 00/100 dollars ($159,000.00)---- 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 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.
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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 notwithstanding Agency's preliminary determination of
appropriateness and allowability.
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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. I NDENII~TI F I CAT I ON .
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
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the action or claim involves an act or omission solely of
Agency, its officers, agents, or employees.
2. This section shall not be enforced if
Grantee is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
research/ statistical data. All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
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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 Administrator of the Crime Prevention
and Justice Assistance Division on Agency's behalf, and made by
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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.
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
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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 Agency's property and, together with all information,
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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 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
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a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES; 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 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.
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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.
Rev. oe/o4 27
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
DEPARTMENT OF ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWA I ("A NCY")
QntAJ~t.~t r $Y
Deputy Attorney General, State of Hawaii Print Name ar J. Bennett
Its ttorney General
Date OCT 12
HAWAII COUNTY POLICE DEPARTMENT
COUNT' OF HAWAII, ("GRANTEE")
B ~ ~ ~
Y
Print Name Dixie Kaetsu
Title a in Director
Date
APPROVED AS TO FORM AND
LEGALITY
B
rin ame -
j11EPUTXCorporation Counsel
Date ~/I~/=~
APPROVAL RECOMMENDE
Approved as to Availability of Funds 'n, _ - ray
In fhe amounts and for the purposes $y 7_.~A~O~1 liL7~t'~^'"
ser rr erein. Print Name Lawrence K. Mahuna
/ Title Chief of Police
Date iEP - 1 7(]Ofi
DIRECTOR Of FINANCE
SEP 1 i 20Qf
Rev. 08/04 28
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of Z~m-1~~~ , 2006, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Acting 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 the said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Acting
Mayor of the County of Hawaii by Section 5-1.5 of the County Charter, County of
Hawaii (2000), as amended; and said DIXIE KAETSU acknowledged said instrument
to be the free act and deed of said County of Hawaii.
GCE 9~C~FC "CCU C~i~K-d
VI INIA M. TOLENTINO
ary Public, State of Hawaii
My commission expires: 4/22/2009
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CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Ste. 401
Honolulu, Hawaii 96813
APPLICATION FOR GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: MARIJUANA ERADICATION TASK FORCE
B. APPLICANT AGENCY• Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D. LOCATION OF PROJECT: 349 Kapiolani Street, Hilo, Hawaii 96720
E. PROJECT PERIOD: From 09/01/2006 To 08/31/2007
F. AUTHORIZED PURPOSE AREA: Law Enforcement
G. TYPE OF AWARD: New Continuation X
H. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
FederalFmds 9596 $ 159>000.00
Agency Match 2596 53,000.00
TOTAL t~`~ $ 212,000.00
I. PROJECT DIRECTOR
Name: Norman Keamo Title: Lieutenant E-Mail:
349 Kapiolani Street
Address: Hilo, Hawaii 96720 Telephone~808)961-2253 FAX: (808)961-2372
J. FINANCIAL OFFICER
Name: Lawrence K. Mahuna Tile: Police Chief E-Mail:
349 Kapiolani Street
Address: Hilo, Hawaii 96720 Telephone: (808)961-2244 FAX:
FOR CPJAD USE
AUG - 4 2006 Pro ect Number: '~Q' L2
Dale received: J
AGIC%ADrI ~a~a~ EXHIBIT A
MARIJUANA ERADICATION TASK FORCE
HAWAII COUNTY POLICE DEPARTMENT
A. PROBLEM:
The cultivation of marijuana throughout the County and State of Hawaii
remains a serious threat to the community. Law enforcement
investigations have found that marijuana continues to be readily
accessible on the street, and is often perceived as being not a harmful
substance, thus increasing its role as a "gateway drug". Marijuana use
often leads to the abuse of other, more potent and hazardous drugs such
as cocaine and crystal methamphetamine. Additionally, marijuana is often
used as a means for drug users to generate cash to support their other
"hard drug" habits, and is commonly used as a medium to trade or barter
for such drugs.
Hawaii has been notorious for being a major source of high quality
marijuana since the early 1980's, with prices for Hawaii grown marijuana
ranging from $400 to $600 an ounce. Intelligence has indicated that at
least half of the marijuana produced locally is shipped to the U.S.
mainland, particularly throughout the West Coast, and the remainder is
split between Hawaii County and the rest of the State of Hawaii.
In 2005, the Hawaii County Police Department, in a combined effort with
the Marijuana Eradication Task Force eradicated 46,428 marijuana plants,
recovered 60.73 pounds of dried processed marijuana, dismantled 11 indoor
growing operations and made 539 arrests. Also recovered were a total of
$52,069 U.S. currency and six weapons. Although the number of eradicated
plants has decreased since the earlier years of the marijuana eradication
program, the problem remains as significant a threat as before.
The plant count has decreased for several reasons, to include adaptation
by cultivators to utilize indoor growing techniques and advanced methods
of camouflaging their marijuana grows and growing a shorter breed.
Marijuana growers have aggressively pursued every avenue to protect their
operations, often utilizing the political bandstand by lobbying for pro-
marijuana legislation. Such efforts have resulted in flight restrictions
on marijuana eradication missions, doubling the minimum height above
ground to 1,000 feet, and creating a 500 feet lateral distance around any
buildings, structures and livestock in which helicopters are not
permitted to fly. These restrictions exist only in Hawaii County, making
the Big Island appear as a safe haven for marijuana cultivators world-
wide. Even with such restrictions already enacted, cultivators continue
to put pressure on elected officials, flooding the telephone lines with
complaints whenever a helicopter flies overhead, whether the helicopter
is related to marijuana eradication or not. Other, more drastic measures
to protect their marijuana grows have also begun to surface in recent
events:
• On June 13, 2005, while conducting a search warrant of a residence in
Puna involved in the cultivation of marijuana, Hawaii County Police
recovered 61 marijuana plants, 229.9 grams of processed marijuana, 3.5
grams of hashish, and 2 pistols, one of which had been stolen from the
Secret Service. The suspect had armed himself to prevent being ripped
off.
• On September 12, 2005, while conducting a search warrant of a
residence in Keaau, Hawaii, for marijuana cultivation. Officers
recovered 68 marijuana plants in an indoor operation. The suspect was
not at his residence and officers learned that he had gone into the
forest to harvest marijuana with a rifle for protection. The suspect
was located as he exited the forest with 3.2 pounds of marijuana and a
loaded rifle. Officers arrested the 94 year-old male suspect who has
been charged federally.
The County of Hawaii continues to be the primary location in the State
for the illegal cultivation of marijuana. The vast land area, much of
which remains undeveloped and overgrown with natural vegetation, as well
as ideal weather and climate conditions provide the perfect geographic
zone for such activities.
Over the years, Hawaii County Police have received a number of reports
from the public, to include hunters, farm workers, hikers, surveyors, and
even property owners visiting their own lands in remote areas who were
confronted and threatened by persons with weapons. These innocent
citizens are intimidated and warned to stay away from the area, or to
"not disturb their crop." On other occasions, such citizens have
reported actually stumbling into marijuana grows or coming across signs
posted along trails with threats of injury or death to anyone that comes
into the area.
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 of incidents that have taken place, whereby crimes of violence,
threats, harassments, and property crimes have occurred due to conflicts
resulting from friction between competing growers, or between growers and
other citizens who live in or frequent the area.
Another primary concern to law enforcement is the widespread use and
abuse of marijuana, particularly among Hawaii's youth. Also worthy of
consideration is the fact that due to refined cultivation techniques, THC
levels in marijuana are now 20 times higher than they were in the 1960's.
For these reasons, marijuana is regarded by Hawaii's HIDTA program as one
of the most significant drug threats to the State of Hawaii, second only
to that of crystal methamphetamine.
While conducting quest speaker appearances at schools throughout the Big
Island, members of the Hawaii County Police Department have repeatedly
inquired from the students as to what illegal drug they most frequently
encounter on school campuses. The answer has been the same at every
school: ~~Marijuana... It's all over the place."
Despite ongoing eradication and enforcement efforts by the Marijuana
Eradication Task Force, marijuana cultivation and/or distribution
activities, and operations, continue. Marijuana cultivators are
continuously developing and implementing new and innovative methods and
expend tremendous efforts to ensure the success and profitability of
their marijuana grow operations. This has made enforcement efforts
increasingly more difficult, requiring longer and more sophisticated
investigations.
In order to prevent these illicit marijuana cultivation and distribution
operations from reaching epidemic proportions in the State of Hawaii, 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, coupled with proactive investigations
and aggressive prosecution efforts to curtail this problem.
B. GOALS AND OBJECTIVES:
The overall goals of the Marijuana Eradication Task Force are to suppress
marijuana cultivation, and to minimize product availability in the State
of Hawaii.
The Objectives Are:
1. Coordinate and carry out eradication efforts throughout the State of
Hawaii, combining task force resources and manpower.
2. Provide standardized training in detection, eradication and
investigative techniques, and safety procedures.
3. Eradicate a minimum of 50,000 marijuana plants during the project
period.
4. Effect a minimum of 100 arrests relating to the cultivation and/or
distribution of marijuana.
5. Enforce civil and/or criminal asset forfeiture proceedings, and to
seize assets, as applicable.
6. Provide a minimum of four (4) educational presentations regarding
marijuana during the project period.
C. PROJECT ACTIVITIES:
1. Enforcement efforts will be directed towards marijuana eradication
and investigative efforts to identify and arrest marijuana
cultivators and/or distributors.
Helicopters will conduct reconnaissance for marijuana for eradication
missions and probable cause for search warrants for commercial
promotion of marijuana investigations.
Helicopters will also be utilized to transport officers into
marijuana patches for harvesting during marijuana eradication
missions.
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 during field
operations and other enforcement efforts throughout the State of
Hawaii.
3. The Marijuana Eradication Task Force will continue to formulate and
maintain effective and standardized marijuana 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.
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 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 Major and Assistant Police Chief of Area I Operations.
E. 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-
F. 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 representatives of the
four County Police Departments and will have the lead role in project
activities.
2. The Marijuana Eradication Task Force, also known as the Domestic
Cannabis Eradication/Suppression Program (DCE/S P), 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/SP)
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.
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 training sessions, number of officers trained, and
types and dates of training received.
h. The number of inter-agency and multi-jurisdictional
investigations conducted.
i. The dates of task force meetings and the number of personnel who
attended.
j. The dates of educational presentations given and the target
audience.
H. PROBABILITY TO IMPROVE THE CRIMINAL JOSTICE SYSTEM:
Continued eradication missions and other enforcement efforts by the
Marijuana 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,
marijuana 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 marijuana
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
Overtime, hazard, night differential pay (excludes straight time):
Based on 60 hrs/mo. @ $30/hr x 12 mos.
Sub-Total . . . . . . . . . . . . . . . . . . . . . . . . $ 21,600.00
Employee Benefits @ % ~ ~ ~ ~ $ 0
TOTAL SALARIES AND WAGES . . . . . . . . . . . . . . . . $ 21,600.00
B. CONSULTANTS (Itemize)
TOTAL CONSULTANTS.................. $ 0
C. TRANSPORTATION AND SUBSISTENCE (Itemize)
Air faze: $ 9,600.00
$200 inter-island x 3/mo. x 12 mos.
$800 out-of--state x 3/yr.
Per Diem: 6,890.00
65 days inter-island @ $80/day
13 days out-of--state @ $130/day
Ground Transportation: 3,920.00
28 rentals p ave. 2 days per vehicle
@ $70/day
Training: 1,110.00
Expense for tuition and registration
fees to attend workshops, seminars,
and conferences
TOTAL TRANSPORTATION AND SUBSISTENCE $ 21,520.00
PART III. BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize)
Office Supplies and Equipment $ 1,000.00
TOTAL SUPPLIES, POSTAGE, PRINTING, ETC . . . . . . . . . . . $ 1,000.00
E. OTHER COSTS (Specify)
Aircraft Rental: $ 150,000.00
Rental of civilian helicopters for $ 97,000.00
aerial surveillance and marijuana
eradication operations based on 6
hrs. a day missions Q $700.00 per
hour
25% Agency Match 53,000.00
Equipment:
Rappel and field equipment 7,000.00
Miscellaneous Supplies: 5,500.00
Communication: 5,380.00
TOTAL OTHER COSTS . . . . . . . . . . . . . . . . . . . . . $ 167,880.00
TOTAL PROJECT COSTS . . . $ 212,000.00
BUDGET EXPLANATION
A. SALARIES AND WAGES: $ 21,600.00
To compensate officers and civilian staff for working overtime
while conducting SMETF eradication and investigations (estimating
an average of 50 hours of overtime per month, paid at $30 per hour,
for 12 months).
B. CONSULTANTS:
N/A
C. TRANSPORTATION AND SUBSISTENCE: $ 21,600.00
Personnel Travel: Travel allocation is for all travel to include
airfare, per diem, and ground transportation to take part in
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
$ 20,910.00
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
1,110.00
D. SUPPLIES, POSTAGE, PRINTING, ETC.: 1,000.00
Miscellaneous office supplies required to complete the
administrative requirements of the project and equipment (file
cabinets, metal shelving, etc.) to secure and properly store
supplies (plastic storage boxes, cardboard boxes, et.)
E. OTHER COSTS: 167,880.00
Aircraft Rental: Rental of civilian helicopters for aerial surveillance
and marijuana eradication operations, based on $700.00 an hour
97,000.00
The Hawaii County Police Department will provide the 25o matching funds
from asset forfeitures for the rental of civilian helicopters for aerial
surveillance and marijuana eradication operations
53,000.00
BUDGET EXPLANATION (cont.)
Equipment: The purchase of rappel and field equipment (rappel
ropes, seats, and helmets; carabiners; boots; Nomex flight suits;
descenders; compass; global positioning system (GPS); safety
goggles; gloves and other rappel gear; other field gear and
camouflage equipment as needed for stake-outs) to support personnel
in the field
7,000.00
Miscellaneous Supplies/Costs: The purchase of supplies required to
complete the administrative or the investigative requirements of
the project such as food and meals to support personnel during
eradication missions
5,500.00
Communication: Digital telephone equipment and service with
"walkie-talkie" capability to allow personnel to converse with each
other throughout the State and to be able to speak with
confidential informants and undercover officers on a secure network
5,380.00
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
I. This project, upon approval, shall constitute an official par[ of Hawaii's Drug Control and System
Improvement Formula 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-Drug Abuse Aci 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 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 B
i.I I II}!~
Signature: Date:
Name: LAWRENCE K. MAHUNA 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
1 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.
1iii; = ! e~G~
Signature : Date:
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
1 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 1 968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as
amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Title II ofthe Americans with
Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; the Department ofJustice Nondiscrimination Regulations 28 CFR Part
42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy discrimination,
?8 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, orbe denied employment in connection with anyprogram 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, ifrequired to formulate an Equal Employment Opportunity
Program (EEOP) in accordance with 28 CFR 42.301, et_ seq., it will maintain a current one on file.
Noncompliance with the discrimination regulations may result in the suspension or termination of
funding.
SUBMITTED BY:
Signature: Date'.
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #15 06/02
m
CERTIFICATION FORM
RecipientNarneandAddress: Hawaii Police Department, 349 Kapiolani Street, Hilo, HI 96720
Grant Title: Statewide Marijuana Eradication Grant Number: dq'D$-lL Award Amount: $212,000
Task Force
Contact Person Name and Title: Lawrence K. Mahuna, Police Chief phoneNumber:~08 ]961-2244
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients from all of
the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and tmplement an EEOP, but they
do not need to submit the EEOP to O1P for review. Recipients that claim a complete exemption from the ESOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below A recipi ent should complete either Section A or Section B, not both. If a recipient receives multiple O1P or COPS grants,
please complete a form for each grant, ensuring (hat any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department o(Justice, 810 Ta Street, N.W., Washington, D.C. 20531. For assistance m completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please meek nn the bores rhnr
nvv ty
? Recipient has less than SO employees, ? Recipient is an Indian tribe,
? Recipient is anon-profit organization, ? Recipient is an educational institution, or
? Recipient is a medical institution, ? Recipi ent is receiving an award less than $25,000
I ]responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws That prohibit discrimination in employment and in the delivery of services.
Print or ty peName and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is recervi ng asingle award or subaward for $25,000 or more, but less than $$00,000,
then the recipient agency does not have to submit an EEOP [o O1P (or review as long as it certifies the following (42 C.F.A. § 42.305):
I Lawrence K. Mahuna ]responsible official], certify that
[he Hawaii Police Department ]recipient],whichhas50ormore
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.30], et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Hawaii Police Department ]organization],
at 349 Kapiolani Street, Hilo, HI 96720 ]address],forreviewbythepublicand
employees or for review or audit by officials of the relevant state p]annin agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by evant laws a dregulations. ffff
Lawrence K. Mahuna, Police Chief ~,`~ijj ~ 1€a~~5
Print or type Name and Title Signature Date
OMB ADUmval No. 1121-0140 Expiration Date:01/31/06
• I -MltLtiT T. W7~~O~N~
.MrO~
/.I ' . t.~~f,~
I ~~L~~
i
The Affirmative Action Plan of ttte County of Hawaii is '
! available for review at the Mayor's Office, Department of Civil
Service, Rona Services Center, and public Libraries.
S'ATE`1EN^ OF POZiCY
it is the policy of the County of Hawaii to take positive-and
~ concinuir.g actin to ?remote equal opportunity in its
emp oypent nnc contrac= arogrzms and in its ar_tivities ar.d
I s.:r.:.~~.
_Gua_ ep?Loyment c?poL*_nities ex t.er.d to all persons,
rPC~c :d_2$.i of race, sex, age,~religion, COLOC, RatiOna~ Or101n,
=spa ican, 31dr~tai eta*J5, Or dCrest dRd COUCL [eCOrd. ~t 15
' _ she iaLenr of th_s c+olic•; to:
~ As Si1rE eQ L'al L.r P.aLmf.nL lr1 reCruifLRe Rt and evaluation
of an individ_al's atilit:y, kr.ovledge, skills, and
°cc
2. Ensure ncn-discr:pination in all ?erspnnel acticr.s,
inclucing cur. no- li:aited tr, cecr::it~enr., >-e lec~~or.,
assi.:nm?nt, compensation, transfer, la~ot " and
~ :.a.T~not_on.
I
3. .:ae:re gnat onnortur.ities For career. a vancemer.-_ are
eased on op;ective stanoa*_ds and criteria valiclt
reared rp periai:aance z.nd t:-.at ;!:e criteria ne
applied rnr.sisr.er.tly.
Prcvict t at tre cpndir.;ons and ~ener.its of wOLiC are
i a•Jailable egcally and al_ocated on t::e basis cf
es.atlisn2a criteria and v;t':nnt oisczimina-;on.
I
I The xl ic-t of equal oppor_unit•J shall be applied i.-. =_ccorcan_e
witt-'_eceral, state, apc local iaus relating to eaval
em?lcyr~ent oppor,ur.ity :c affir-ative acL~on, merit systeL
rL'125 aRU L?Gu_>LiGRS, =CO:'islpn5 of COIIBCLLVe ~JaLgaiAi^C law
aI]d COnL uCLS, crud Gtf_eL GlRa l..^.C 2(22ra~ '_nd °Late r2tl l`_Y ~!^,C r;_x.
i _
'
111 r li I T
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIItEMENTS
l 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:
the dangers of drug abuse in the workplace;
(2) the grantee's policy ofmaintaining adrug-free workplace;
(3) any available dmg 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 byparagraph (a) that, as a condition
of employment under the grant, the employee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Department of the Attorney General; State of Hawaii, within ten (10)
days after receiving notice under subparagraph (d) (2) from an employee or otherwise
receiving actual notice of such conviction;
(fl taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD #!l6 06/02
(l) taking appropriate personnel action against such an employee, up to and
including termination; or
(2) requiring such employee to participate satisfzctorily in a drag abuse
assistance or rehabilitation prog7am 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).
The grantee shall insert in the space provided below the site(s) for the performance ofwork
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:
Signature: Date: l~f~fl° " r ~Q~
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #16 06/02
. ~
1 U.S. DEPARTMENT Of JVSTICE
OFFICE Of JUSTICE PROGRAMS
t/ OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, 1ne11gib1Hty and Voluntary Exclusion
Lower Tier Covered transactions
(Sub~Recipie~t)
7nis certification Is required by the regulations Implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Pan 61, Section 67.510. Panlcipants' rasponslbllities. The regulations were published
as Part VII 01 the May 26. 1988 Federal Register iPages 19t60•t9211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(t) Tha prospectiro Tower tier participant certifies, by subm3sslOn of this Proposal, that neither ii nor i;s
principata are prQSently debarred, suspended, proposed for debarment, declared ineligible, or votuntarity
excluCed from participation in this transaction by any Fedora) department or agency.
(Z} Wharo the prospective lower tier panic pant Is unable to certify to any of the statemems to this certit6
canon, such prospective participant shall attach an explanation to This proposal..
LAWRENCE K. MAHUNA, POLICE CHIEF
Na i Ile o uthorited Represemative
c~ Ali)(; ~ k ~~Gli
S3gnaturo Date
HAWAII POLICE DEPARTMENT
Name of Organuatton
349 Kapiolani Street, Hilo, Hawaii 96720
Addres3 of Organiz3lign
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CONFIDENTIAL FUNDS %ERTIFICATION
1 certify that I have read the effective edition of the Office of Justice Programs' Guideline Manual
entitled "Financial and Administrative Guide for Grants", and I agree to abide by all the conditions
for confidential funds as set forth in the manual.
SUBMITTED BY:
Date: ~}~ily ~
Signature:
Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII POLICE DEPARTMENT
AG/CPJAD #18 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition ofthis certification and disclosure form, ifapplicable,
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:
(I) 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial
here _ and complete and submit 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 subrecipients shall certify and disclose
accordingly.
Hawaii Police Department ~//e~
349 Kapiolani Street
Hilo, Hawaii 96720 LAWRENCE K. MAHUNA, POLICE CHIEF
Name and Address of Organization Name of Authorized Individual
Signature and date
04- D~-ZS Bureau of Justice Assistance
Application No. Name of OJP Agency