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HomeMy WebLinkAboutRES 605 Draft 01 2006-2008COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 605 OS RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HRS 46-7, FOR THE EVIDENCE SPECIALIST PILOT PROGRAM GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of the Attorney General, Crime Prevention and Justice Assistance Division has authorized a Evidence Specialist Pilot Program Grant for the Hawaii County Police Department; and WHEREAS, to increase the quality of crime scene investigations and to enhance current law enforcement capabilities, the grant will be used to fund two (2) evidence specialist positions; and WHEREAS, these positions will be trained in the latest techniques of crime scene investigations, evidence recovery, processing and preserving, and latent print development/recovery; and WHEREAS, the funding will also provide for travel to attend training, for battle dress uniforms for the specialists and for additional equipment; and WHEREAS, the funds provided by the State of Hawaii Department of the Attorney General are derived from grants provided by the federal government; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, the contract, attached hereto and incorporated herein by reference as Exhibit "1", to enable the County to begin the Evidence Specialist Pilot Program. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments. Dated at xona ,Hawaii, this 7th day of May , 2008. INT DUCED BY: V~^--~ COUNCIL MEMB R C U TY OF HAWAII COUNTY COUNCIL County of Hawai` i Hilo, Hawaii 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on _ May 7, 2008 ATTEST t-'--~- COUNTY CLER: ROLL CALL VOTE AYES NOES ABS EX FORD X HIGA g HOFFMANN X IKGDA X 7ACOBSON X NAEOLE PII A<i0 X --- Y.AGONG X YOSHIMOTO X 7 0 2 0 _ C-11~FC-278_ _ __ sos o8 NO. Project Number 07-DJ-05 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of January I, 2008 by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and the County of Hawaii 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~C., as amended (hereinafter "Act"), was enacted to make grants to States and units of local government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following programs: (1) Law enforcement programs. (2) Prosecution and court programs. (3) Prevention and education programs. EXHIBIT "1" (4) Corrections and community corrections programs. (5) Drug treatment programs. (6) Planning, evaluation, and technology improvement programs. 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, contained in the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2005 State Solicitation, and 28 C.F.R. Chapter 1, Part 66, 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 iz/o5 2 provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' financial manual entitled "Financial Guide." i2/os 3 B. TERM OF CONTRACT. This Contract shall be in effect for the period from January 1, 2008 to and including December 31, 2008 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 guidance issued by the Bureau of Justice Assistance, 28 C.F.R. Chapter 1, Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 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 iz/os 4 • ~ provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency and such personal property shall be delivered to the Agency in good working order upon expiration or sooner termination of this Contract. 3. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Drug-Free Workplace Requirements which meets the requirements of the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D, U.S.C., Title 41, Chapter 10, §702), 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 iz/os 5 the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free Workplace Certification shall subject the State of Hawaii to government- wide suspension or debarment, or other sanctions which, in turn, shall 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 iz/os 6 under Section 1352, Title 31 U. S. C. A copy of the Lobbying Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true at the time this Contract is executed and will remain true throughout the entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently, accurately and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure 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 iz/os 7 after Agency's grant with the Bureau of Justice Assistance is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local government which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-133. 9. Grantee sl;aii comply with the non- discrimination requirements cf ti-ie Omnibus Crime Control and Safe Street Act of 1962 which prohibits discrimination in employment and in the delivery of services or benefits on the basis of race, color, national origin, religion, or 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, or 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 educational programs; and the Age Discrimination Act of 1975 is/os 8 which prohibits discrimination in the delivery of services or benefits on the basis of age; Department cf Justice regulations on disability (nondiscrimination on the basis of disability in the state and local government services, public accommodations and commercial facilities, and accessibility standards), 28 C.F.R. Part 35; Exec. Order No. 13279 iequal 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 sec. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Twenty five thousand two hundred twenty three and 00/100 dollars (525.223.00)---- 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 is/os 9 contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within sixty (60) 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. is/os 10 Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform 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 iz/os 11 Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and -adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this 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. iz/os 12 G. COMPENSATION. 1. Subject to continuing availability of funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed One hundred thousand eight hundred ninety two and 00/100 dollars ($100,892.00)---- 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 iz/os 13 Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of 12/os 14 appropriateness and allowability. d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities, or omissions of Grantee. Grantee shall indemnify and save harmless the State of 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 iz/os 15 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, iz/as 16 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 12/os 17 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 is/os 18 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, iz/os 19 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 iz/os 20 • ~ 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. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against iz/os 21 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. iz/os 22 ~- i IN WITNESS WHEREOF, the parties hereto have executed this Contract. APPROVED AS TO FORM: Deputy Attorney General, State of Hawaii DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII, ("AGENCY") By Print Name Mark J. Bennett Its Attorney General Date HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII, ("GRANTEE") By Print Name Dixie Kaetsu Title Managing Director Date APPROVED AS TO FORM AND LEGALITY By _ Print Title Date Name Corporation Counsel APPR ~~~ ENDED gy ~/r Mi.~~.Ti~sw---~ Print Name Lawrence K. Mahuna Title Chief of Police Date ~~_~~~~ is/os 23 CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Ste. 401 Honolulu, Hawaii 96813 A. PROJECT TITLE B. APPLICANT AGENCY: xAwAII POLICE DEPARTME[dT C. ADDRESS: 349 KAPIOLANI ST. , HILO, HI 96720 D. LOCATION OF PROJECT: HAWAII POLICE DEPARTMENT E. PROJECT PERIOD: From 01-01- F. AUTHORIZED PURPOSE AREA: CATEGORY II G. TYPE OF AWARD: New V H. TOTAL PROJECT COSTS: Continuation To 12-31-08 SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 80°e $100,892 Agency Match 20% $ 25, 223 TOTAL tuu~ $126,115 I. PROJECT DIRECTOR J Name: Kathy A. Pang Title: Criminalist II E-Mail: hc pd0922@co.hac~aii.hi.t>s Address 349 Kapiolani St. Hilo, HI Telephone: 808-961-2286 FAX: 808-961-8886 Name: ~Y K. Oshiro Title; Accountant IV E-Mail: hcpd0919@co.hawaii.hi.us Address• 349 Kapiolani St. Hilo, HI Telephone: 808-961-2274 FAX: 806-961-2390 FINANCIAL OFFICER APPLICATION FOR GRANT PART I. TITLE PAGE EVIDENCE SPECIALISTS PILOT PROGRAM ,}fi i\ L J ~l~Cb Projec[Number: c'l~~jJ"'yS Date aciceann a~ azio>> Exhibit A PART IL DESCRIPTION OF PROJECT EVIDENCE SPECIALISTS PILOT PROGRAM THE PROBLEM "The recovery of physical evidence during investigations of crime scenes and search warrant executions is one of the most important undertakings of contemporary law enforcement. Often, information derived from this evidence makes the difference between success and failure when a case is brought to trial. If evidence at a scene is not properly handled, the work of the crime laboratory analyst can be hindered, or even negated" - FBI Crime scene investigations and evidence recovery, collection, and preservation are conducted by Hawaii Police Department Criminal Investigation Section (CIS) detectives divided between two operations bureaus, East Hawaii and West Hawaii. According to the U.S. Census Bureau, in 2004, the state of Hawaii ranked 41St in violent crime incidents, which includes murder, forcible rape, robbery and aggravated assault. Hawaii's low ranking amongst the states for violent crime incidents underlies the fact that crime scene investigations are not conducted often in Hawaii. Processing crime scenes is not on a regular basis and therefore the learning curve is broad. Like all police forces, with tenure and experience comes promotion, usually into another section. The average amount of time spent in CIS is approximated to be 7 years. New detectives are promoted into the CIS ranks and the learning curve begins again. The violent crime rate in Hawaii is relatively low however, "CRIME IN HAWAII 2005, A Review of Uniform Crime Report" compiled by the Hawaii Attorney General's office and published in May 2007 states that "Hawaii County's index crime rate increased 28.7% in 2005. The violent crime rate surged 57.0%, and the property crime increased 27.3%. Hawaii County's violent crime rate in 2005 was the highest in the state of Hawaii". Murder investigations alone in Hawaii County has steadily increased in the past four years, one murder investigation in 2004, two in 2005, four in 2006 and three in the first half of 2007. This recent surge in violent crime activity, double digit Hawaii County resident population increases since 1980, tremendous yearly international and domestic tourist population, and High Intensity Drug Trafficking Area (HIDTA) designation in 1999 emphasizes the need for trained, efficient Evidence Specialists to improve the quality of crime scene investigations and address future needs in Hawaii County. A previous attempt to hire Evidence Specialists under grant funds did not progress to the final hiring of personnel due to time, budget and planning constraints. The previous attempt did however succeed in obtaining a County of Hawaii Civil Service position description and initial Council resolution approval, expediting this second attempt to hire Evidence Specialists. GOALS AND OBJECTIVES The Hawaii Police Department's goal is to increase the quality of crime scene investigations and enhance current law enforcement capabilities by adding two Evidence Specialist positions to the work force. These two Evidence Specialists will be trained in the latest techniques of crime scene investigations, evidence recovery, processing and preserving, and latent print developmentlrecovery. The objective is to hire and train the Evidence Specialists by December 31, 2008. The Evidence Specialists will assist in all major violent crime scene investigations and search warrants. Evidence Specialists will also be responsible for latent fingerprint crime lab work requests and monthly in-service training of patrol officers/detectives, and will perform these duties between crime scene investigations and training. Kona operations and Hilo operations will each be assigned one Evidence Specialist. The progress of the program will be closely monitored and recorded. With successful implementation of this program and documented case management, the Police Department will approach the County administration to add these positions on a permanent basis, and eventually expand the program by adding more Evidence Specialist positions. S PROJECT ACTIVITIES Hire and train two (2) Evidence Specialists positions by December 31, 2008. Activities: 1. Complete and post job description/requirements. 2. Determine office space/work space requirements. 3. Purchase (2) locker cabinets and (2) computer systems for Evidence Specialists. 4. Hire two Evidence Specialists by July 1, 2008. 5. Train Evidence Specialist in police procedures by July 15, 2008 6. Send both Evidence Specialists to (3) specialized crime scene investigation courses by December 31, 2008. 7. On-site crime scene training with experienced Evidence Specialists. Have trained Evidence Specialists assist in all major violent crime scene investigations and search warrants and conduct monthly in-sen ice training for patrol officers/detectives. Activities: 1. Evidence Specialists will assist in all major violent crime scene investigations. 2. Evidence Specialists will assist in seazch warrants. 3. Evidence Specialists will conduct monthly in-service training for patrol officers/detectives regarding evidence collection, recovery, and processing, and up to date scientific techniques and capabilities. Having Evidence Specialists in the Hawaii Police Department workforce will increase the quality of law enforcement services in Hawaii County. The Evidence Specialists will receive specialized training in the processing/recovering/preservation of evidence at major violent crime scenes. The training, knowledge and experience gained by the Evidence Specialists will be retained and increase within the Criminal Investigations Section of the Police Department. Promotions within this class of work will be to an Evidence Specialist II or III in the future as the program expands. These positions will decrease the detectives' workload allowing for more focus on the actual investigation and decrease the criminalists' workload, allowing for more focus on expediting drug analysis case work and preparing the lab for accreditation. PROJECT ORGANIZATION AND MANA(i~.MENT The Project Director will monitor the grant activities and progress. The Director will work with the Financial Officer, Human Resource/Personnel Officer and the Grant Specialist. The Project Director reports directly to the Criminal Investigations Division, Area I Captain. Progress reports will be completed by the Project Director and financial reports will be completed by the Financial Officer. PERSONNEL Two (2) full time Evidence Specialists will be hired. The Evidence Specialists will assist in all major violent crime scene investigations and seazch warrants. Evidence Specialists will also be responsible for latent fingerprint crime lab work requests and monthly in-service training of patrol officers/detectives, and will perform these duties between crime scene investigations and training. BRIEF PERSONNEL BIOGRAPHIES Resumes will be submitted when the staff is hired. PARTICIPATING AGENCIES Hawaii Police Department -Responsible for the hiring, training and monitoring of Evidence Specialists. PERFORMANCE INDICATORS/OUTCOME MEASURES Hire and train two (2) Evidence Specialists positions by December 31, 2008. Performance Indicators: 1. Completion date of equipped office/work space for Evidence Specialists in Hilo and Kona. 2. Hire date of two Evidence Specialists. 3. Completion date of in house police procedures training. 4. Completion dates of (3) specialized crime scene investigations course training. 5. Completion date of (1) week long, on-site crime scene training. Have trained Evidence Specialists assist in all major violent crime scene investigations and search warrants and conduct monthly in-service training for patrol officers/detectives. Performance Indicators: 1. Number of major violent crime scenes processed. 2. Number of search warrants assisted. 3. Number of patrol officers and detectives receiving in-service training. 4. Monthly summary of number and type of incidents processed/assisted. 5. Estimated amount of investigative time saved by utilizing evidence specialists. 6. Estimated amount of crime scene evidence processing time saved by utilizing evidence specialists, and its impact on the investigative process. The Project Dnrector will be responsible for all data collection and analysis. PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT A. SALARIES AND WAGES Position Title Evidence Specialist I 2 positions @ $37,488/yr TOTAL SALARIES AND WAGES $ 74,976 g. FRINGE BENEFITS Employee Benefits @ 41.13 % includes; Position title Monthly Fringe Cost Evidence Specialist I $1,285 2 positions @ $30,838/yr *(20o match of $25,223 applied through fringe cost) TOTAL FRINGE BENEFITS Retirement Social Security Medicare Tax Workers' Compensation Unemployment Canpensation Health Rand Payments $ 30,838 C. CONSULTANTS (Itemize) TOTAL CONSULTANTS Monthly Salary $3,124 AG/CPJAD #2 O5/O1 • PART III. BUDGET DETAIL AND EXPLANATION (Continued) COST ELEMENT AMOUNT D. TRANSPORTATION AND SUBSISTENCE (Itemize) Airfare - Rowed trip Hilo/Mainland 4x x (2) Evidence Specialist @ $750 = $6,000 3x for classroom training, lx for on scene training Per Diem - 4x x (2) Evidence Specialist 6.5 days @ $145 day = $7,540 TOTAL TRANSPORTATION AND SUBSISTENCE. .. .. .$ 13,540 E. SUPPLIES, POSTAGE, PRINTING, ETC. (Itemize) Basic Dress Uniform - BDU 2 @ $85 = $160 Unifann for crime scene processing with "Evidence Specialist" designation TOTAL SUPPLIES, POSTAGE, PRINTING, ETC $ 160 F. OTHER COSTS (Specify) Tuition - Training courses 3x x (2) Evidence Specialist @ $600 = $3,600 Personal Computer - 2 PC @ $1250 = $2,500 Locker Cabinets - 2 @ $250 = $500 TOTAL OTHER COSTS $ 6,600 TOTAL PROJECT COSTS .$ 126,114 80g Federal $ 100,892 20$ Agency Match $ 25,223 '1'OTAL .............$ 126,115 AG/CPJAD #2 O5/Ol • • Evidence Specialist Pilot Program BUDGET EXPLANATION A. Salaries and Wages Evidence Specialist I (2) positions based on entry level at SR18. B. Fringe Benefits Evidence Specialist I (2) FY 2007 State approved rate @ 41.13% C. Consultants D. Transportation & Subsistence Airfare Four times 2 positions, total of eight round trip - airfare from Hilo to mainland. - Six for course training - Two for on scene training Per Diem Hawaii County allocation for lodging and meals is calculated at a per diem fixed rate of $145 out of state travel, travel time included. E. Supplies BDU Basic dress uniform for crime scene investigations with "Evidence Specialist" designation F. Other Costs Tuition Anticipated cost of three training courses each for two Evidence Specialists. Personal Computer & New Evidence Specialist positions will require Locker Cabinet these pieces of equipment to function properly. Attachment to Memorandum No. 07-OB, July 26, 2007 Schedule of Fringe Benefit Rates for FY 2007-2008 Retirement: General Employees 13.75% of salary Police & Fire ] 5.75% of salary Social Security CY2007 6.20% on $97,500 Medicaze Tax CY2007 1.45% on all wages Workers' Compensation 2.07% of salary Unemployment Compensation 0.12% of salary Health Fund Payments: Non-SHOPO SHOPO Medical Plan, Single 149.44 142.14 Medical Plan, Two Party 372.92 354.62 Medical Plan, Family 484.00 460.30 Dental Plan, Single 16.46 16.46 Dental Plan, Two Party 32.94 32.94 Dental Plan, Family 68.16 68.16 Vision Caze Plan, Single 3.64 3.64 Vision Caze Plan, Two Party 6.74 6.74 Vision Caze Plan, Family 8.82 8.82 Life Insurance Plan 4.16 4.16 Part IV. ATTACHMENTS (Certifications) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System Improvement Formula Grant Program established under Title VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690). 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E, Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as applicable; (b) conditions applicable to the fiscal administration of grants under 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: 6~ Date: ~/ ~/°r Name: Lawrence K. Mahuna Title: Police Chief Agency: Hacsaii Police Departrnent AG/CPJAD #14 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY: Signature: ~-lo~~ Date: ~~~7~oO' Name: Lawrence K. INahtana 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 I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of: • The Omnibus Crime Contro] and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex, in OJP and COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et sec.) • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R. §42.101 et se .) • Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in O7P and COPS funded programs or activities. (29 U.S.C. §794 and 28 C.F.R. §42.501 et sec ..) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42 U.S.C. §10604) • Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132 and 28 C.F.R. Pt. 35) Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and 34 C.F.R. Pt. 106) • The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in OJP or COPS funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R. §42.700 et sec ..) Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. Executive Order No. 13279 regarding equal protection of the laws for faith-based organizations. (28 C.F.R. pt. 38) No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED Signature: -' Date: Name: wrence K. Mahuna Title: Agency: Hawaii Police DeEartment /~~/~- Police Chief AG/CPJAD #15 12/07 lFRTIFICATION FORMS Recipient Natne and Address: Hawaii Police Department 349 Kapiolani St. , Hilo, HI 96720 Grant Title: E`<ridence Specialists Pilot Grant ?;umber: o't- p3 ~ oS Award Amount: $100, 892 Program Contact Person Name and Title: Kathy A. Ptfn4 Criminalist II Phone Number: (808) 961-2286 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 F§ 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 OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption Gom the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, no[ both. If a recipient receives multiple O1P or COPS grants, please complete a form for each grant, ensuring that 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 of Justice, 810 Ts Street, N.W., Washington, D.C. 20531. For assistance in completing [his form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all Ina boxes oral app Ip. ^ 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 prepaze 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 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. If 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, [hen [he 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. INahtuta Police Chief [responsible official], certify that the Hawaii Poh ce De*+~r+rnan+ [recipient),whichhas 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an ESOP in accordance with 28 CFR §42.301, et seg., 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 St. Hilo, HI 96720 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by r vant laws d regulations. Lawrence K. Mahtma Police Chief _c-/~~-- ~1~ °~ ------------------------------------- --- - ----- Print or type Name and Title Signature Date Ob1B Approval No. 1121-0140 Expiration Date. 01/31/06 DEPARTMENT OF THE ATTORNEY GENERAL Creme Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIIZEMENTS Hawaii Police Department (hereinafrer referred to as "grantee") certifies that it will provide a dmg-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy ofmaintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that maybe imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under 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 (] 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 #16 06/02 (I) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani St. 74-5221 Queen Kaahtunanu Hwy. Street Address Street Address Hilo, HI, 96720 Kailua-Kona, HI 96740 City, State, Zip Code City, State, Zip Code Hawaii County Hawaii County SUBMITTED BY. Signature: -~ Date: ~~7/ed Nzme: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Dex~artment AG/CPJAD #16 06/02 U.S. DEPAATMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ` OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub•Recipient) This certification la roquirod by the rogulatlona implementing Executive Order 12549, Debarment and Suapenafon, 28 CFR Part 87; Section 87.510, Participants' reapone1bi11tlea. The regulations were published as Part VII of the May 28, 7988 Federe! Aeglster (pages 19180.19211). (BEFORE COMPLETIN<3 CERTIFICATION, READ INSTRUCTIONS ON REVERSq (1) The prospective lower tier participant certifies, by submission of this proposal, that neither h nor Its princlpala are proeently debarred, suspended, proposed for debarment, declared inellpiblo, orvoluntarlly excluded from partlelpatlon In this transaction by any Fedsrol department or agency. (~ Where the prospective lower tier participant M unable to certify to eny of the statements in this certllF. cation, such prospective participant shall attach an explanation to this proposal. ,~' JAN 17 2008 Dats Hawaii Police Department Name of Organization 349 Kapiolani S Hilo HI 96720 Address of Organizetlon QIP roHM ~0l1lt plEV.218% Pmbw b„bN ~n eDaoM4. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite formaking or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here _ and complete and submit Standard Fonn # LLL, A Disclosure of Lobbying Activities", in accordance with its instructions. (3) Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs. (4) The undersigned shall require that the language of this certification be included in the award documents for all subawazds at al] tiers and that all subrecipients shall certify and disclose accordingly. Hawaii Police Department ~~~ 4d4 Ka~nlani c~ u;ln Hr AF72Q_ Lawrence K. Mahuna Police Chief Name and Address of Organization Name of Authorized Individual Signature and date i/~7/off'" d1- A~ -oS Application No. Bureau Of .7 LLStif`P A~Gictanro Name of O7P Agency AG/CPJAD #22 Rev. 08/05