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HomeMy WebLinkAboutCOM 0082.080 2004-2006 JNZY Os N,w v;•• lW • Lawrence K. Mahuna Harry Kim police Chief binoor a~ c• .•m;. Ma, P Harry S. Kubojiri <r• ov~nn~+ Deputy Police Chief County of Hawaii POLICE DEPARTMENT October 18, 2006 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Faz (808) 961-8869 TO STACY HIGA, COUNCIL CHAIR AND COUNCIL MEMBERS VIA D NNA S KO, CONTROLLER ~ FROM NCE K. MAHUNA, POLICE CHIEF -Nr- ~ SUBJECT NOTIFICATION OF GRANT AWARD ~ Compliance with Ordinance No. Oe-~q,, Section 7(1) , ~ 4 Name of Grant Program: Hawaii Narcotics Task Force Federal or State Grantor: State Department of the Attorney General Crime Prevention and Justice Assistance Division County Grantee DepartmenUAgency: County Police Department Grant No.: 04-DB-21 Amount of Grant: $59,199.00 Amount of County Match: $19,733.00 County Revenue & Expenditures Acct 010-201-5219.32 & 3304.31 Grant Period: September 1, 2006 -August 31, 2007 Purpose of Grant: For the interdiction of drugs within the County of Hawaii via the apprehension/ arrest/conviction of the individual smuggling narcotics into/within/out of the County of Hawaii. If final report required by grantor? yes Notification Attached: yes Q Comm. No. C72 •~0 Ref. To: Ref. Uate OCT 3 0 2006 iE ~3 y Alf ~\93p ~ 9~ LINDA LINGLE •j -=~?,~97~~ - MARK J. BENNETT GOVERNOR ! ~,g ATTORNEY GENERAL ~qd _ L~,~C{A M. GINOZA ~:a ~ FIRyT PEPk)LY ATTORNEY GENERAL STATE OF HAWAII _ DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention & Justice Assistance Division 23$ SOUTH BERETANIA STREET, SUITE 401 HONOLULU, HAWAII 86613 (608)$66-1$00 October 11, 2006 The Honorable Lawrence Mahuna Chief of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Mahuna: Enclosed is the fully executed contract for the following project: Project Number: 04-DB-21 Project Title: Hawaii Narcotics Task Force Project Period: 09/01/2006 - 08/31/2007 Federal Amount: $59,199 AG Match: $0 Agency Match: $19,733 Total Project Cost: $78,932 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, Lori Koga i Administrator LK/RU Enclosure ~ : a~a~7 ~ Project Number 04-DB-21 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 s_e~c., as amended (hereinafter "Act"), was enacted to make grants to state and local government units to assist them in enforcing state and local laws which establish offenses similar to those established in the Controlled Substances Act, and to improve the functioning of the criminal justice system, with emphases on violent crime and serious offenders, including the following programs: (1) demand reduction education programs in which law enforcement officers participate; (2) multi-jurisdictional task force programs that integrate federal, state and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence and facilitating multi jurisdictional investigations; (3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and cannabis cultivations; (4) community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; (5) programs to disrupt illicit commerce in stolen goods and property; (6) programs for improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes and fraud against the government with priority attention to cases involving drug-related official corruption; (7) programs for: (a) improving the operational effectiveness of law Rev. 08/04 2 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; Rev. 08/04 3 (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); Rev. 08/04 4 (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 Rev. 06/04 $ 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. Rev. 08/04 fi 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; Rev. 08/04 ~ 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 g 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, Rev. 08/04 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 Rev. 08/04 11 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 Rev. o8/oa 12 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 Rev. oe/o4 13 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 sew. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Nineteen thousand seven hundred thirty three and 00/100 dollars ($19,733.00)---- 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. Rev. 08/04 (4 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 Rev. 08/04 15 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. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Rev. 08/04 16 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 Rev. 08/04 17 performed under this Contract, a sum not to exceed Fifty nine thousand one hundred ninety nine and 00/100 dollars ($59,199.00)---- 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. Rev. 08/04 Ig 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. Rev. 08/04 19 d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities, or omissions of Grantee. Grantee shall indemnify and save harmless the State of 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 Rev. 08/04 2~ 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, Rev. 08/04 21 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 Rev. 08/04 22 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 Rev. 08/04 23 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, Rev. oa/oa 24 data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions. to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. The failure of the Agency to insist upon strict compliance with any term, provision, or condition of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the Agency's right to enforce the same in accordance with this Contract. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of this Contract shall constitute or be construed in any manner as Rev. 09/04 2$ 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. Rev. 08/04 26 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. 08/04 27 IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL APPROVED AS TO FORM: STATE OF HAWAII, ("AGENCY") By DePuey Accorney cenerai, scare of xawaii Print Name Mark J. Bennett Its Attorney General Date HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII, ("GRANTEE") By Print N~i"' . Title T Date APPROVED AS TO FORM AND LEGALITY Y Print e P^. ":,'~;^_i~.(zP>ZZF~,L~Z "PUT1For oration Counsel Date I vV Approved as to Availability of Funds In the amounts and for the purposes APPROVAL RECOMME sei fo t herein. f ~I BY FO(, Print Name Lawrence K. Mahuna IRECiOR Of FINANCE Title Chief of Police StP 112006 Date ~p - ~ ~QQ~j Rev. 08/04 28 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of `l~'~,c.(e~h' , 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. VIR INIA M. TOLENTINO N ary Public, State of Hawaii My commission expires: 4/22/2009 ```~~~ttllOry~~~~i ?°T'agr': o? •a- 4 Hfulltll~~~`++~ IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMEN F THE ATTORNEY GENERAL APPROVED AS TO FORM: STATE OF W ("AGENCY") A,w? tw n.+ BY Deputy Attorney eneral, state of Hawaii Print Name Mark J. Bennett Its Attorney General Date ~~T ~ Q HAWAII COUNTY POLICE DEPARTMENT COUNTY O~F ~H~A/W~AII, ("GRANTEE" ) By ~"P ' Print Name D_ixie__K:~t~~I Title ~ Date ~~PT~C APPROVED AS TO FORM AND LEGALITY Y f" Print e i'.. ii. f~';PdZALE2 p Cor oration Counsel Date q~ot0 Approved as To Availability of Funds In the amounts and for the purposes APPROVAL RECOMME e1n. set o er ~ print Na~ Lawrence K. Mahuna RECTOR Of FINANCE Title Chief of Police SEP 112006 Date _~p ~p06 Rev. 08/04 2g STATE OF HAWAII ) SS. COUNTY OF HAWAII ) /y'~''" On this day of YEr~r-lt~h' , 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. ~ w - VIR INIA M. TOLENTINO N ary Public, State of Hawaii My commission expires: 4/22/2009 ~ u~ Ep ~4. 1 i • ~yi w :A= : AV ~Gj~~~ y~na.. BV p~C y 11~11fts1~~``+ 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: HAWAII NARCOTICS 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 R H. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOl7NT Federal Funds 75% $ 59 ,199.00 Agency Match zs% 19 , 733.00 TOTAL too% $ 78,932.00 I. PROJECT DIRECTOR Name: Norman Keamo Titie: Lieutenant E-Mail: apio ani ree Address: Hilo, Hawaii 96720 Telephone:~808)961-2253 FAX: (808)961-2372 J. FINANCIAL OFFICER Name: Lawrence K. Mahuna Title: Police Chief E-Mail: 349 Kapiolani Street Address: Hilo, Hawaii 96720 Telephone~808)961-2244 FAX: FOR CPJAD USE AUG - 4 2006 04 _ c~ _ Z, Date received: Project Number: ncice,nnn ~osioa~ EXHIBIT A HAWAII NARCOTICS TASK FORCE -HAWAII POLICE DEPARTMENT PART II. DESCRIPTION OF PROJECT A. PROBLEM: The overwhelming flow of narcotics into and throughout the County and State of Hawaii, compounded by the ever increasing presence of marijuana cultivation and distribution, remains a very significant threat to the State of Hawaii. Marijuana continues to be readily available, as marijuana cultivators have developed and refined their methods to avoid detection of outdoor marijuana grows, and have also incorporated indoor cultivation with the use of artificial lighting and hydroponics technology. The demand for "Hawaiian" marijuana both domestically and internationally, due to its potency and reputation for high quality continues to grow, resulting in greater profitability for cultivators. Intelligence gathered from recent investigations has shown that much of the marijuana produced in Hawaii is shipped to the U.S. mainland, and in a number of cases have even been exchanged for "hard" drugs. Both the supply and the demand of cocaine, crystal methamphetamine, heroin and ecstasy have continued to increase in the County of Hawaii, as well as throughout the State. Of these drugs, crystal methamphetamine continues to stand at the forefront in terms of both supply and demand. Such increases have been further multiplied by the increase in purity levels of these drugs, which has allowed those persons involved in drug trafficking to significantly raise their profit margins. These "hard" drugs, being neither found nor produced locally in large quantities, are predominantly imported to the State of Hawaii via commercial and private air transportation, Federal and private mail couriers, and through maritime transport vessels. In light of the Hawaii Supreme Court decision restricting local interdiction efforts at the airports, consensual encounter investigations now mandate the participation of Federal Law Enforcement Agencies, such as the Drug Enforcement Administration. As a result, a specialized "Airport Smuggling Detail" comprised of a Police Detective/Sergeant and two (2) Police Officer III positions were created. These officers are assigned to the Hawaii Airport Task Force (HATE), comprised of federally deputized officers, under the High Intensity Drug Trafficking Area (HIDTA) initiative. This specialized unit is responsible for interdicting "ice" as well as other hard drugs that are being smuggled through the Keahole International Airport from source cities such as Los Angeles, San Francisco, San Diego, and Las Vegas. In addition to the arrival and departure of flights, this smuggling unit also monitors the various parcel services and freight companies located at the airport and other locations in the West Hawaii area. With the addition of a full time Airport interdiction team, we still lack the manpower and resources necessary to HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 2 maintain continuous interdiction at every airport on the Big Island of Hawaii and throughout the State of Hawaii. The influx of Mexican drug trafficking organizations to the State of Hawaii from the mid 1990's has been well documented. Utilizing techniques honed in the State of California, these organizations have become very well established in the County and State of Hawaii, setting up highly organized networks throughout the islands. Initially involved solely in the distribution of "black tar" heroin, these organizations have since expanded their trade to include cocaine and crystal methamphetamine. These groups have also become well known for their propensity for violence and the use of firearms. Their tightly knit groups have proven very difficult to penetrate by law enforcement, and even the arrest of several of their members has had minimal impact on the overall organization and its higher leadership. The potential profit of drug trafficking is extremely high, prompting numerous people to become involved in drug trafficking. These persons have since invested large amounts of money, time and effort to set up distribution networks which are very sophisticated and well organized. Such networks operate on many different levels, filtering all the way down to the "street dealers," who often deal drugs to support their own habits, sell only "user" quantities, and are highly visible to the general public. Such "street dealers" are often the subject of numerous public complaints and become nuisances in any community in which they operate. Investigations conducted the past year continue to reveal local organized crime figures to be involved in trafficking cocaine, crystal methamphetamine, heroin and marijuana. There have been a number documented accounts and incidents that have taken place, whereby crimes of violence have occurred due to "territorial rights" friction between different organizations and also due to thefts of money and drugs between organizations. Many of these local organized crime figures have been linked to Mexican drug trafficking organizations as their primary sources of narcotics. The utilization of undercover officers to infiltrate drug trafficking organizations has repeatedly proven itself as a very effective means of dismantling the organization. Such operations often lead to the arrest of the upper-most levels of dealers in the organizations through undercover purchases of narcotics. In addition, police controlled purchases conducted with reliable confidential sources and cooperating individuals have also led to the arrest of many mid- to high-level dealers. Narcotic investigations are often complicated and tedious and depend greatly on the skills of awell-trained investigator. Without such skills and training, successful arrests and/or drug seizures would not be possible. However, as the methods and HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 3 trends of drug trafficking continuously change, it is imperative that law enforcement personnel involved in narcotic investigations are continuously trained and educated in order to maintain effectiveness. During the period of January 1 through December 31, 2005, the Hawaii Police Department has conducted 1,788 drug related investigations resulting in 1,269 arrests. Officers also seized 6,035.39 grams of cocaine, 4,789.40 grams of crystal methamphetamine or "Ice" and 9.82 grams of heroin. Numerous assets, vehicles and currency related to narcotics investigations have also been seized for forfeiture during this time. The use and distribution of crystal methamphetamine has grown to such overwhelming proportions in Hawaii County that it has drawn national media attention, prompting Hawaii County Mayor Harry Kim to declare "War" on crystal methamphetamine in April of 2001. Hawaii County has since hosted three Meth Summits to discuss solutions to the ongoing "Ice" epidemic. As a part of that effort, the Hawaii Police Department has created its own internal "Ice Task Force" and continues to seek the aide and cooperation of every Federal, State and County agency, to include the Hawaii Narcotics Task Force (HNTF) in an attempt to stem the flow of illegal narcotics into and throughout the County of Hawaii. In a Title III project dubbed Operation Capsize in which the first of eleven wiretaps began in September 2004. The wiretaps continued into the first half of 2005 against three major crystal methamphetamine trafficking organizations. The project had a successful conclusion was able to dismantle four local organizations and two of its mainland sources. Such collaborated efforts have resulted in numerous successful investigations, several of which are summarized below: On January 22, 2005, task force officers executed a search warrant on a drug dealer's vehicle. Task Force officers recovered 43.6 grams of crystal methamphetamine, 3.1 grams of cocaine, $1,800 in currency, and seized a vehicle. The task force officers arrested the 36 year old suspect. On May 5, 2005, task force officers conducted an investigation of drugs had just arrived from the mainland with the use of a female "mule". The result of the investigation was the recovery of 466.5 grams of crystal methamphetamine, 2.4 grams of processed marijuana, and two rifles. The task force officers arrested a 31 year-old male and a 28 year old female. Both suspects have been prosecuted federally. HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 4 On May 12, 2005, task force officers in conjunction with Immigration Customs Enforcement, Drug Enforcement Administration, Internal Revenue Service served a federal search warrant on a Puna residence. The investigation resulted in the recovery of 3,405 grams of crystal methamphetamine, $192,523 in currency, 17 firearms and seized seven vehicle and a motorcycle. Task Force officers arrested a 42-year-old Federal drug charges. On May 31, 2005, task force officers served a search warrant on a residence in Mountain View, Hawaii. Task Force officers recovered 8.6 pounds of cocaine, 87 marijuana plants, $14,300.00 in currency. Officers arrested two males and a female. On June 30, 2005, task force officers executed a search warrant on a residence in Pahoa, Hawaii. Officers recovered 17.8 grams of crystal methamphetamine, 1,026.2 grams of processed marijuana, 60 marijuana plants, numerous pills, and $35,619.00 in currency. They arrested two males and a female. On July 27, 2005, Task Force officers executed a search warrant on a residence in Captain Cook, Hawaii. Task Force officers recovered 360.2 grams of crystal methamphetamine, and $12,500.00 in US currency. A 46- year-old female was arrested and charged on state charges. On December 17, 2005, Task Force Officers along with DEA a search warrant at a residence in Hilo and a connect up warrant at a residence in the Puna area. Task Force officers recovered a total of 52 ounces of cocaine, 104.8 grams of processed marijuana, $4,438 in currency, and seized a vehicle and a motorcycle. Officers arrested three males on state charges and one of the three will be prosecuted federally. B. GOALS: The overall goal of the HNTF is to disrupt the flow of narcotics via the apprehension of mid- to high-level dealers smuggling and distributing narcotics into and within the State of Hawaii. HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 5 C. OBJECTIVES: 1. Maintain a task force of personnel from the Hawaii Police Department, Maui Police Department and the Kauai Police Department. 2. Increase the knowledge of vice officers by providing training in such topics as narcotic investigations, current drug trends, smuggling and distribution techniques, and State/Federal laws that impact the task force. 3. Meet at least quarterly to coordinate joint operations and training, as well as other enforcement efforts, and to share information. 4. Seize a minimum of 850.5 grams of cocaine, 567 grams of crystal methamphetamine, and 425.25 grams of heroin. 5. Make a minimum of 200 drug-related arrests. 6. Seize assets for forfeiture, as applicable. 7. Conduct 3 joint task force operations. D. ACTIVITIES: 1. Investigative efforts will be directed towards the identification and arrest of drug distributors and smugglers. 2. The Hawaii Police Department's Narcotic Canine Unit will continue to play a vital role in the drug enforcement program. The unit also assists the HATF in interdiction and distribution operations in East and West Hawaii. Time will be spent at the Hilo International and Keahole-Kona International Airport, as well as at private and federal mail and courier services. When requested, the canine unit is utilized to assist other State and Federal law enforcement agencies. An example of this is the occasional check of private aircrafts and cruise ships. Personnel assigned to the canine unit and/or those assigned to assist them will attend various workshops and seminars dealing with canine issues and investigative techniques. HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 6 3. In furtherance of the task force concept, the Hawaii Police Department will continue to participate and assist in interagency investigations. 4. Personnel will attend quarterly meetings in order to share current information and to coordinate joint operations as well as other enforcement efforts. 5. Training of personnel is an essential component to the drug enforcement program. Training will include attending conferences and workshops on topics that will be instrumental in increasing the attendees' knowledge and work performance. Training will also familiarize the narcotics officers with current and up-to-date trends of various narcotics concerns and investigative techniques. E. PROJECT ORGANIZATION AND MANAGEMENT: The project director for the Hawaii 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 Hawaii Narcotics 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 Chief of Area I Operations. F. PERSONNEL: The County police departments will use existing personnel; there will be no hires for the project. G. PARTICIPATING AGENCIES: 1. The lead agency and facilitator for the County police departments will be the Maui Police Department who will, through the Vice Division, coordinate technical assistance, training, and manpower. 2. The Hawaii Police Department will conduct enforcement throughout the County of Hawaii and provide manpower assistance to the other Counties on an "as needed" basis. HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 7 3. The HNTF is comprised of the following County agencies: Hawaii Police Department Maui Police Department Kauai Police Department 4. Participating agencies shall include the Drug Enforcement Administration U.S. Customs & Immigration Enforcement U.S. Postal Service National Park Service U.S. Coast Guard Federal Bureau of Investigation U.S. Attorney General Internal Revenue Service State Attorney General Department of Land and Natural Resources State Narcotics Enforcement Division Hawaii National Guard Honolulu Police Department County Prosecutor's Office Hawaii HIDTA H. PROJECT EVALUATION: 1. Analysis: The project director will record data monthly, and oversee efforts and methods used to achieve the goals and objectives, and arrive at conclusions as to the success/failure or need for alterations. Any modifications and/or deviations in operating procedures utilized towards the achievement of goals and objectives will be recorded in order to form a basis for purposes of comparison. The standardization of training and techniques utilized is imperative in terms of the task force operations for optimum results. 2. Performance Indicators: a. The number of persons arrested for narcotics offenses involving distribution and smuggling of illicit drugs; b. The type, quantity and value of narcotics seized; c. The type, amount and value of assets seized for forfeiture; HAWAII NARCOTICS TASK FORCE DESCRIPTION OF PROJECT PAGE 8 d. The number of officers trained and types/dates of training received; e. The number, location, and dates of joint investigations conducted; f. The dates of task force meetings attended. PART III. -BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT A. SALARIES AND WAGES Personnel Overtime $21,600.00 Overtime, hazard, night differential pay (excludes straight time); based on 60 hrs./mo. @ $30/hr. x 12 mos. TOTAL SALARIES AND WAGES. $21,600.00 B. CONSULTANTS (Itemize) TOTAL CONSULTANTS. 0 AG/CPJAD #2 OS/O1 PART III. -BUDGET DETAIL AND EXPLANATION (Continued) COST ELEMENT AMOUNT C. TRANSPORTATION AND SUBSISTENCE (Itemize) Personnel Travel: $16,980.00 Airfare: $7,200.00 $200 inter-island x 2/mo. x 12 mos. $800 out-of-state x 3/yr. Per Diem: $4,600.00 38 days inter-island x $80/day 3 4-day out-of-state x $130/day Ground transportation: $5,180.00 37 rentals x 2 days x $70/day TOTAL TRANSPORTATION AND SUBSISTENCE . $16,980.00 D. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize) Office Supplies $ 2,000.00 TOTAL SUPPLIES, POSTAGE, PRINTING, ETC. $ 2,000.00 E. OTHER COSTS (Specify) Confidential Funds:* $21,352.00 Purchase of evidence and information AG/CPJAD #2 OS/Ol PART III. -BUDGET DETAIL AND EXPLANATION (Continued) COST ELEMENT AMOUNT Other: Undercover/Surveillance Apparel X10,000.00 and Equipment Miscellaneous Supplies $2,000.00 Personnel Training $5,000.00 (Registration/tuition ) TOTAL OTHER COSTS. $38,352.00 TOTAL PROJECT COSTS $78,932.00 AGlCPJAD #2 OS/Ol BUDGET EXPLANATION A. SALARIES AND WAGES: $21,600.00 Personnel Overtime: To compensate officers and civilian staff for working overtime conducting Hawaii Narcotics Task Force investigations and other program requirements such as education, prevention and demand reduction events (estimating an average of 60 hours of overtime a month, paid at $30.00 per hour for 12 months). B. CONSULTANTS: N/A C. TRANSPORTATION AND SUBSISTENCE: $16,980.00 Personnel Travel: Travel allocation includes airfare, per diem and ground transportation to attend Hawaii Narcotics Task Force meetings, intelligence meetings, and other training both within and out-of-state. For undercover officers to travel to and from other counties while conducting official investigations and to transport officers to Honolulu, Maui or Kauai for investigations and training. D. OFFICE SUPPLIES POSTAGE, PRINTING. ETC.: $2,000.00 Office Supplies: Miscellaneous office supplies, such as printer cartridges, wrapping paper, bubbled cushioned mail envelopes, rewritable compact discs, etc. E. OTHER COSTS: $38,352.00 Confidential Funds: $21,352.00 To be used for the purchase of evidence, information and/or services relating to investigations conducted by HNTF Officers. *25% agency match totaling $18,500 Undercover/Surveillance Aoaarel and E ui ment $10,000.00 Apparel and equipment that may be needed when performing narcotic investigations to include: a} Upgrading existing body wire system, ie transmitter antenna, external microphone, midriff elastic pouch, arm/leg elastic pouch, battery packs and receivers. b) Air monitoring device to measure air purity. c) Safety equipment and gear to conduct investigations in a clandestine laboratory. d) Digital cassette recorders to be used as backup to a body wire or vehicle wire. e) Wireless video system to be used in undercover operations. Also for expenses related to the rental of vehicles used for surveillance operations and for the maintenance and repair of such equipment. Audio Visual Supplies $2,000.00 Various items needed to operate assorted electronic equipment, to include video and audio cassette tapes, film, processing costs, batteries, digital memory chips, other accessories, etc. Personnel Training $5,000.00 Registration and tuition for personnel to attend conferences and workshops to familiarize officers with current and up-to-date trends of various narcotic concerns and investigative techniques. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part 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) genera] conditions applicable to administration of grants under Title VI, Subtitle C, Part. E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (b) conditions applicable to the fiscal administration of grants under Title VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (c) any special conditions contained in the grant award; and (d) genera] and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED BY' 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 I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY~\ ~a~1G ~ zoos 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 OFNON-DISCRIMINATION ]certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civi] Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II ofthe Americans with Disabilities Act (ADA) of 1990; Title Di; of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds 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 any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, ifrequired to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. se it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY. >~It!(, r ~OOE~ Signature: Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #15 06/02 CERTIFICATION FORM RecipientNameandAddress: Hawaii Police Department, 349 Kapiolani Street, Hilo, HI 96720 Grant Title: Hawaii Narcotics Task Force Grant Number: ~~-Dg'~ AwardAmoun[:$78,932 Contact Person Name and Title: Lawrence K. Mahuna, Police Chief phone Number: (808)961-2244 Federal regulations require recipients of (financial assistance from the Office of Justice Programs (O]P), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OIP for review, and implement an Equal Employment OpporNnity Plan (EEOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to O1P for review. Recipients that claim a complete exemption from [he EEOP requirement must complete Section A below, Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (i(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 of Justice, 810 T" Street, N. W., Washington, D.C. 2053 1 . For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please cheek an the boxes rhnr apply. ? Recipient has less than 50 employees, ? Recipient is an Indian tribe, ? Recipient is anon-profit organization, ? Recipient is an educational institution, or ? Recipient is a medical institution, ? Recipient 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 [0 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. Printor type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. ]f a recipient agency has 50 or more employees and is receiving a single award or subaward (or $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I Lawrence K. Mahuna [responsible official], certify that the 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 §42.301, et seq., subpart E. 1 further certify that the EEOP has been formu]ated 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 planning agency or [he Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by evant laws d regulattons. ~ ~ ~ _Lawre_n_ce__K_. M__a_hun_a,_P_olice Chief ?,t~lj ~ Qr+ Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date:01/31/06 I - MtetuT T iu*araM~ ~ The Affirmative Action Plan of the County of Hawaii is ' ! available for review at the Mayor's Office, Department of Civil Service, Rona Services Center, and public Libraries. I S?A.~`1ENS OF POLICY it is the policf of the County of Hawaii to take positive and i ' ~ concinuirg act:an to ?romote equal opportunity in its empo•.ment anc cone=ac= arograms and in its activities ar.d =Gca: en?loynent c~,por*._nities extend co all persons, I :egezd:es:a Of Cafe, 52X, age, religion, color, national origin, snoican, rar:ta; status, or arrest and court. record. ;t is ' - J the intent of th_s nolic; toc Assure equal r.rPar.mFnt in recruir_ment and evaluation of an individual's ability, kr.ovledge, skills, and °.ur_~. ' E'sure ncn-discrimination in al:.personnel acticr.s, • inclccing au r. not 1ti-toted tc: recruitment, azlec-:or., I ass:.gnment, comnensat_on, transfer, layoff, and ~ ;.~_mtnatton. ~ _ 3. =::se::e _~•at annort~r.ities For career. a vancement are eased on oe;ective stanoa*_ds and cr:r.eria valicll re.ated ra orriaimance ::nd t at :'he criteria ne apcliFd cnrslsr.ertlY. Pravicr t at tre conriir.:ons and ~ener'its of vor~ are i a•+ailsble zyt:ally and al_ocated on the basis cf establisnzd criteria anti v;thnut discrlmina-:on. I I The pcl:cy o= evuai opnor_unit•+ shall be annlied i.-. =_ccorcan,F :+i[r:'_eceral, state, anc local~iaws relating .o equal em?lcyment o?nor_ur.it_+ :c affir- acive actian, aerit system rL'I e5 anU L?~:1_~ti0P.5, =L O~lslan5 of CO11 c'Ct_Ve ~Jaroai'.: i.^.C i?_~` cRC COntT:~C= , c.'~d Gtf eC f:.l nC1 i,.^.C :2G2rr1~ '_nd °tate r2C3 L`1!5:"C ~C~, =~iT li rn. li DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIItEMENTS 1, HAWAII POLICE DEPARTMENT (hereinafter referred to as "grantee" certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that maybe imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 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 0) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CPJAD#]6 06/02 . ~ (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). P. 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: w-~ ~~~h~ ~~~1~ Signature: Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #16 06/02 _a w, U.S. DEPARTMENT OF JUSTICE OFFICE Of JUSTICE PROGRAMS E. w,..i OFFiCE OF 7HE tOMATROL6ER Certification Regarding ©ebatTnent, Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub~Recipient) Thts ceriitication I5 repuired by the regulations Implementing Executive Order 12569. Dabarmem and Susponstan, 28 CFR Pan 87, Section 87.510, Part(cipants' ro~ponsibtiities. The regulations were published as Part VII o! the May 2b. 1988 Federal Register (pages 19160.19211). (8EF0RE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE (1) The prospective lower tier participant certifies, Dy submission o1 this proposal, that nellher ii nor its principals are presently debased, suspended, proposed for debarment, declared i neligibte, or voluntarily excluded from participation in this Transaction by any Foderat deparimen~ or agency. Where the prospective lower tier participant is unable to corti[y !o any of the statements In this certili• cation, such prospective participant shall attach an explanation to This proposal.. LAWRENCE K. MAHUNA, POLICE CHIEF Name ills al A orized Representative Signature Date HAWAII POLICE DEPARTMENT Name of OrganLtatdon 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Qrganizalion p;4 rOrw ~a:~~+ ,niv NaM F».~.+M~d+i1 i» ccw+N DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CONFIDENTIAL FiJNDS CERTIFICATION I 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 al] the conditions for confidential funds as set forth in the manual. SUBMITTED BY~~ Signature: Date: ` Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #18 06/02