HomeMy WebLinkAboutCOM 0041.001 2008-2010
`QJ~1v Of N'•V
William P. Kenoi Harry S. Kubojiri
Mayor Police Chief
Paul K. Ferreira
County of Hawaii Deputy Police Chief
POLICE DEPARTMENT
June 22, 2009 349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 • Fax (808) 961-8865
TO J YOSHIMOTO, COUNCIL CHAIR AND COUNCIL MEMBERS
VIA Y OSHIRO, CON ROLLER
FROM S. J I, LICE CHIEF
r..
SUBJECT NOTIFICATION OF GRANT AWARD 1
Compliance with Ordinance No.;68°7$; Section 7(1)
Name of Grant Program: Marijuana Eradication
Federal or State Grantor: U.S. Department of Justice u
Drug Enforcement Administration
County Grantee Department/Agency: County Police Department
Grant No.: 2009-65
Amount of Grant: $280,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010.201.5219.31 & 3301.95
Grant Period: January 1, 2009 - December 31, 2009
Purpose of Grant: To investigate, eradication and suppress
marijuana cultivation and to minimize product
availability in the State of Hawaii, in accordance
to and consistent with the newly enacted county
ordinance pertaining to the lowest law
enforcement priority as it relates to marijuana.
If final report required by grantor? yes i / t
Comm. No. L
Notification Attached: yes Ref. To:
Ref. Date JUN 3 0 2009
"Hawai`i County is an Equal opportunity Provider and Employer'
' pevarvneyo?
U. S. Department of Justice
Drug Enforcement Administration
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Agreement Number: 2009-65
This Agreement is entered into between the HAWAII COUNTYPOLICE DEPARTMENT
hereinafter referred to as HCPD and the DRUG ENFORCEMENT ADMINISTRATION OF THE
UNITED STATES DEPARTMENT OF JUSTICE, hereinafter referred to as DEA, in reference to
the following:
There is evidence that trafficking in controlled substances exists and that such illegal activity has a
substantial and detrimental effect on the health and general welfare of the people of the State of
HAWAII. The parties hereto agree that it is to their mutual benefit to cooperate in locating and
eradicating illicit cannabis plants and in the investigation and prosecution of cases before the courts
of the United States and the courts of the State of HAWAII involving controlled substances. DEA,
pursuant to the authority of 21 U.S.C. § 873, proposes to provide certain necessary funds and HCPD
is desirous of securing funds.
NOW, therefore, in consideration of the mutual covenants hereinafter contained, the parties hereto
have agreed as follows:
L HCPD will, with its own law enforcement personnel and employees, as hereinafter specified,
perform the activities and duties described below:
a. Gather and report intelligence data relating to the illicit cultivation, possession
and distribution of cannabis.
b. Investigate and report instances involving the trafficking in controlled substances.
c. Provide law enforcement personnel for the eradication of illicit cannabis
located within the State of HAWAII.
d. Arrest and bring to prosecution defendants charged with violation of the
controlled substance laws.
e. Send required samples of eradicated cannabis to the NIDA Marijuana Potency
Monitoring Program.
2. It is understood and agreed by the parties to this Agreement that the activities described in Sub-
paragraphs a, b, c, d, and e above shall be accomplished with existing personnel and that the scope
of HCPD's program with respect to those activities by such personnel shall be solely at HCPD's
discretion, subject to appropriate limitations contained in the budget adopted by HCPD.
3. DEA will pay to HCPD Federal funds in the amount of TWO HUNDRED EIGHTY
THOUSAND DOLLARS ($280,000.00) for the period of JANUARY 1, 2009 TO DECEMBER 31,
Letter of Agreement No. 2009-65 Page 2
2009 to defray costs relating to the eradication and suppression of illicit cannabis. HCPD explicitly
understands and agrees that Federal funds provided to HCPD under this Agreement may not be used
to defray costs relating to herbicidal eradication of cannabis without the advance written consent of
DEA. While using the Federal funds provided to HCPD under this Agreement for activities on
Federal land, HCPD agrees to notify the appropriate local office of the U.S. Department of
Agriculture (Forest System) (national forests and national grasslands) and the U.S. Department of
the Interior (Bureau of Land Management, National Park Service, Fish and Wildlife Service, Bureau
of Indian Affairs, Bureau of Reclamation) ofHCPD's presence on Federal land.
4. The Federal funds provided to HCPD are primarily intended for payment of deputies'/officers'
overtime, and reserve officers' salaries and overtime while those deputies and officers are actively
engaged in the cannabis eradication process, as well as for per diem as appropriate and other direct
costs related to the actual conduct of cannabis eradication, such as rental of equipment and vehicles,
fuel for vehicles and aircraft, and minor repairs and maintenance necessitated by their use to support
cannabis eradication. These Federal funds are not intended primarily for the purchase of equipment
or supplies. Unless specifically itemized in the operational plan and approved in advance,
expenditures for expendable and non-expendable equipment should not normally exceed 10% of the
total Federal funds awarded. All purchases of property having a useful life of one year or more with
an acquisition cost of $300.00 or more per unit or an aggregate cost of $1,000.00 or more require the
advance approval of the Domestic Cannabis Eradication/Suppression Program (DCE/SP)
coordinator, unless specifically itemized in the operational plan and approved by DEA.
5. In compliance with Section 623 of Public Law 102-141, HCPD agrees that no amount of these
funds shall be used to finance the acquisition of goods or services (including construction services)
unless HCPD:
(a) Specifies in any announcement of the awarding of the contract for the procurement of
the goods and services involved (including construction services) the amount of Federal
funds that will be used to finance the acquisition; and
(b) Expresses the amount announced pursuant to paragraph (a) as a percentage of the total
cost of the planned acquisition.
The above requirements only apply to procurements for goods or services (including construction
services) that have an aggregate value of $500,000 or more.
6. If DEA approves the purchase of supplies (all tangible personal property other than "equipment"
as defined by 28 C.F.R. § 66.3), and there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate fair market value upon termination or completion of this Agreement, and if
the supplies are not needed for any other federally sponsored programs or projects, HCPD shall
compensate DEA for DEA's share.
7. If DEA approves the purchase of equipment (tangible, non-expendable personal property having
a useful life of more than one year and an acquisition cost of $5,000.00 or more per unit) for the use
of HCPD personnel engaged in cannabis eradication under this Agreement, HCPD will use,
manage, and dispose of the equipment in accordance with 28 C.F.R. § 66.32.
Letter of Agreement No. 2009-65 Page 3
8. Payment by DEA to HCPD will be in accordance with a schedule determined by DEA and said
payment will be made pursuant to the execution by HCPD of a Standard Form SF-270, Request for
Advance or Reimbursement, and receipt of same by DEA. However, no funds will be paid by DEA
to HCPD under this Agreement until DEA has received to its satisfaction an accounting of the
expenditures of all funds paid to HCPD during the periods of previous Agreements for this same
purpose. These expenditures will be reported on a Standard Form SF-269, Financial Status Report,
and a December Monthly Accounting Form.
9. It is understood and agreed by HCPD that, in return for DEA's payment to HCPD of Federal
funds, HCPD will comply with all applicable Federal statutes, regulations, guidance, and orders,
including OMB Circular A-102 (administrative requirements), OMB Circular A-87 (cost principles,
codified at 2 C.F.R. Part 225), OMB Circular A-133 (audit requirements), 28 C.F.R. Part 66 (grants
management common rule), 2 C.F.R. § 2867 (non-procurement suspension & debarment), 28 C.F.R.
Part 83 (Drug-Free Workplace Act common rule), 28 C.F.R. Part 69 (Byrd Anti-Lobbying
Amendment common rule), and DOJ Order 2900.8A (June 20, 1990). The Financial Guide
published by the office of the Comptroller, Office of Justice Programs, U.S. Department of Justice
contains helpful information regarding compliance requirements.
10. HCPD agrees to comply with the requirements of OMB Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations." OMB Circular A-133 is available at
http://www.whilehouse.gov/omb/circulars/al33/al33.htm]. In conjunction with the beginning date
of the award, the audit report period of HCPD under the single audit requirement is (01/1/2009)
through (12/31/2009).
11, HCPD acknowledges that arrangements have been made for any required financial and
compliance audits, and audits will be made within the prescribed audit reporting cycle. HCPD
understands that failure to furnish an acceptable audit as determined by the cognizant Federal agency
may be a basis for denial of future Federal funds and/or refunding of Federal funds and may be a
basis for limiting HCPD to payment by reimbursement on a cash basis.
12. HCPD shall maintain complete and accurate reports, records and accounts of all obligations and
expenditures of DEA funds under this Agreement in accordance with generally accepted government
accounting principles and in accordance with state laws and procedures for expending and
accounting for its own funds. HCPD shall further maintain its records of all obligations and
expenditures of DEA funds under this Agreement in accordance with all instructions provided by
DEA to facilitate on-site inspection and auditing of such records and accounts.
13. HCPD shall permit and have available for examination and auditing by DEA, the United States
Department of Justice Office of Inspector General, the Government Accountability Office, and any
of their duly authorized agents and representatives, any and all investigative reports, records,
documents, accounts, invoices, receipts and expenditures relating to this Agreement. In addition,
HCPD will maintain all such foregoing reports and records for three years after termination of this
Agreement or until after all audits and examinations are completed and resolved, whichever is
longer.
Letter of Agreement No. 2009-65 Page 4
14. HCPD agrees that an authorized officer or employee will execute and return to the Investigative
Support Section (OMS), Drug Enforcement Administration, 8701 Morrissette Drive, Springfield;
VA 22152, the attached OJP Form 4061/6, "Certifications Regarding Lobbying; Debarment,
Suspension, and Other Responsibility Matters; and Drug Free Workplace Requirements" and the
attached OJP Form 4000/3, "Assurances." HCPD acknowledges that this Agreement will not take
effect and that no Federal funds will be awarded by DEA until DEA receives the completed
Certifications and Assurances.
15. Employees of HCPD shall at no time be considered employees of the United States Government
or DEA for any purpose, nor will this Agreement establish an agency relationship between HCPD
and DEA.
16. HCPD shall be responsible for the acts or omissions of HCPD personnel. HCPD and HCPD's
employees shall not be considered as the agent of any other participating entity. Nothing herein is
intended to waive or limit sovereign immunity under federal or state statutory or constitutional
authority. This Agreement creates no liability on the part of the DEA, its agents or employees, or the
United States Government for any claims, demands, suits, liabilities or causes of action of whatever
kind and designation, and wherever located in the State of HAWAII resulting from the DCE/SP
funded by DEA.
17. HCPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements
imposed by or pursuant to the regulations of the United States Department of Justice implementing
those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I.
18. Within sixty (60) days after termination of the Agreement, HCPD will prepare a December
Monthly Accounting Form and a Standard Form 269 Financial Status Report (SF-269), itemizing the
breakdown of final expenditures. The December Monthly Accounting Form and the SF-269, along
with a refund check, payable to DEA for any unexpended funds which were advanced by DEA
pursuant to this Agreement, will be returned to DEA.
19. Upon submission of the SF-269 and December Monthly Accounting Form to the Investigative
Support Section (OMS) for the preceding year, a copy of the general ledger and the underlying
supporting documentation reflecting the expenditures for equipment in excess of $5,000 and the
expenses associated with the rental or leasing of vehicles or aircraft must be attached.
20. The duration of this Agreement shall be as specified in Paragraph 3. This Agreement maybe
terminated by either party for good cause shown after thirty days written notice to the other party.
All obligations that are outstanding on the above prescribed termination date or on the date of any
thirty (30) day notice of termination shall be liquidated by the HCPD within sixty (60) days thereof,
in which event DEA will only be liable for obligations incurred by the HCPD during the terms of
this Agreement. In no event shall HCPD incur any new obligations during the period of notice of
termination. HCPD shall return to DEA all unexpended funds forthwith after the sixty (60) days
liquidation period.
Letter of Agreement No. 2009-65 Page 5
THE HAWAII COUNTY POLICE DEPARTMENT
By:
Title: Police Chief Date
DRUG ENFORCEMENT ADMINISTRATION
By: Date:
Special Agent in Charge
Los Angeles Field Division
DEA DIVISIONAL FISCAL CLERK MUST INPUT INTO FFS
ACCOUNTING CLASSIFICATION/OBLIGATION NO.;
09A-
FFS INPUT DATE: BY:
TO BE FILLED OUT BY HEADQUARTERS:
APPROVAL FOR PAYMENT
This is to verify that all of the administrative determinations have been made, that the payment is
legal, proper, correct and approved for payment.
Amount: $280,000.00
Obligation Doc No. See Above
Line No.
Signature
Printed Name /Title Scott Hoernke-Actin g Chief, Investieative Support Section
Date Approved
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed.
COUNTY OF HAWAII
ByV-!)~
WILLIAM P. KENOI
It's Mayor
APPROVED AS TO FORM
AND LEGALITY:
LINCOLN ASHIDA
Corporation Counsel
Datem
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this 7th day of May 2009 before me personally appeared
WILLIAM P. KENOI, to me personally known, who, being by me duly swom, did say that he is
the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii, that the
seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii, the
foregoing instrument was signed and sealed on behalf of the County of Hawaii by authority
given to said Mayor of the County of Hawaii by Section 5-13(g) of the County Charter, County
of Hawaii (2000), as amended, and said WILLIAM P. KENOI acknowledged said instrument to
be the free act and deed of said County of Hawaii.
Signature
Guillerma G. Sumera
Print or Type Name
Notary Public, State of Hawaii
My Commission Expires: 9/22/09
NOTARY CERTIFICATION
Doc. Date: No date No. of Pages: 13
Notary Name: Ord Circuit
Doc. Description: Agreement Number:
2009-65
HCPD/DEA
5/7/09
Notary Signature Date
OMB APPROVAL NO. PAGE OF
0348-004 1 2 PAGES
REQUEST FOR ADVANCE a. .one or both boxes 2. BASIS OF REQUEST
OR REIMBURSEMENT TYPE OF ? ADVANCE ? REIMBURSE- ? CASH
PAYMENT MENT
REQUESTED b.7.1heapplicablebox ?gCCRUAL
(See instructions on back) ? FINAL ? PARTIAL
3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT 4. FEDERAL GRANTOR OTHER 5. PARTIAL PAYMENT REQUEST
TO WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST
DRUG ENFORCEMENT ADMINISTRATION BY FEDERAL AGENCY
2009-65
6. EMPLOYER IDENTIFICATION 7. RECIPIENT'S ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST
NUMBER OR IDENTIFYING NUMBER FROM (month, day, year) TO (month, day, year)
99-6000567 N/A JANUARY 1, 2009 DECEMBER 31, 2009
9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent if different than Item 9)
Name: Name: HAWAII COUNTY POLICE DEPARTMENT
C/O DEA
Number Number 300 ALA MOANA BLVD., ROOM 3129
and Street: and Street: HONOLULU, HAWAII
N/A
City, State city, state
and ZIP Code.: and ZIP Code:
11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED
(a) (b) (c)
PROGRAMS/FUNCTIONS/ACTIVITIES )P- Original Letter TOTAL
of Agreement
a. Total program (As of date)
outlays to date 280, 000.00 280, 000.00
b. Less: Cumulative program income 0.00
c. Net program outlays (Linea minus
line b 280,000.00 0.00 0.00 280,000.00
d. Estimated net cash outlays for advance
period 0.00
e. Total (Sum oflines c 8 d) 280, 000.00 0.00 0.00 280, 000.00
f. Non-Federal share of amount on line a 0.00
g. Federal share of amount on line a 280,000.00 280,000.00
h. Federal payments previously requested 0.00
I. Federal share now requested (Line 9
minus line h 280,000.00 0.00 0.00 280,000.00
j. Advances required by 1st month
month, when requested 280, 000.00 280, 000.00
by Federal grantor
2nd month
agency for use in making 0.00
prescheduled advances 3rd month
0.00
12. ALTERNATE COMPUTATION FOR ADVANCES ONLY Qd~
a. Estimated Federal cash outlays that will be made during period covered b the advance $
b. Less: Estimated balance of Federal cash on hand as of beginning of advance period
c. Amount requested Line a minus line b $ 0.00
AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev. 7-97)
Prescribed by OMB Circulars A-102 and A-110
q ;J.
1 --ertify that to the best of my SIGNATURE OR ALeTHORiZED CFH. IFYING OFFICIAL _ DATE REQUEST
knowledge and belief the data on SUBMITTED
the reverse are correct and that all APR 2 2 2009
outlays were made in accordance 44my
with the grant conditions or other TYPED OR PRINTE NA ME AND TITLE TELEPHONE (AREA CODE,'
agreement and that payment is ICq NUMBER AND EXTENSION)
due and has not been previously Harry S. Kubojiii, Police Chief 808-961-2243
requested.
This space for agency use
Public reporting burden for this collection of information is estimated to average 60 minutes per
response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of- information,
including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0004), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
INSTRUCTIONS
Please type or print legibly. Items 1, 3, 5, 9, 10, Ile, l lf, 11g, 11i, 12 and 13 are self-explanatory; specific instructions
for other items are as follows:
Item Entry Item Entry
2 Indicate whether request is prepared on cash or accrued activity. If additional columns. are needed, use. as many
expenditure basis. All requests for advances shall be additional forms as needed and indicate page number in
prepared on a cash basis. space provided in upper right; however, the summary
totals of all programs, functions, or activities should be
4 Enter the Federal grant number, or other identifying shown in the "total" column on the first page.
number assigned by the Federal sponsoring agency. If
the advance or reimbursement is for more than one Ila Enter in "as of dale," the month, day, and year of the
grant or other- agreement, insert N/A; then, show the ending of the accounting period to which this amount
aggregate amounts. On a separate sheet, list each applies. Enter program outlays to date (net of refunds,
- grant or agreement number and the Federal share of rebates, and discounts), in the appropriate columns. For
outlays made against the grant or agreement. requests prepared on a cash basis, outlays are the sum
of actual cash disbursements for goods and services, the
6 Enter the employer identification number assigned by the amount of indirect expenses charged, the value of
U.S. Internal Revenue Service, or the FICE (institution) in-kind contributions applied, and the amount of cash
code if requested by the Federal agency. advances and payments made to subcontractors and
subrecipients. For requests prepared on an accrued
7 This space is reserved for an account number or other expenditure basis, outlays are the sum of the actual cash
identifying number that may be assigned by the recipient. disbursements, the amount of indirect expenses
incurred, and the net increase (or decrease) in the
8 Enter the month, day, and year for the beginning and amounts owed by the recipient for goods and other
ending of the period covered in this request. If the property received and 'for services performed by
request is for an advance or for both an advance and employees, contracts, subgrantees and other payees.
reimbursement, show the period that the advance will
cover. If the request is for reimbursement, show the llb Enter the cumulative cash income received to date, if
period for which the reimbursement is requested. requests are prepared on a cash basis., For requests
prepared on an accrued expenditure basis, enter the
Note: The Federal sponsoring agencies have the option of cumulative income earned to date. Under either basis,
requiring recipients to complete items 11 or 12, but not enter only the amount applicable to program income that
both. Item 12 should be used when only a minimum was required to be used for the project or program by the
amount of information is needed to make an advance terms of the grant or other agreement.
and outlay information contained in item 11 can be
obtained in a timely manner from other reports. l ld Only when making requests for advance payments, enter
the total estimated amount of cash outlays that will be
11 The purpose of the vertical columns (a), (b), and (c) is to made during the period covered by the advance,
provide space for separate cost breakdowns when a
project has been planned and budgeted by program, 13 Complete the certification before submitting this request.
function, or
STANDARD FORM 270 (Rev. 7-97) Back
Memorandum
4 O~
b~ PrTSubject
Date
Electronic Funds Transfer
(DFN: 610-13) FEB 8 2009
To From
All Domestic Cannabis Eradication/ Scott W. Hoernke 1
Suppression Program (DCE/SP) Acting Chief
Participating Agencies Investigative Support Section
Funding for the Domestic Cannabis Eradication/Suppression Program (DCE/SP) is only available
by electronic transfer. Funds will be transferred directly into the Letter of Agreement (LOA) agency
bank account. In order to process electronic transfers the following information must be provided
below:
Agency Name on Bank Account: Department of Finance, County of Hawaii
Account Number: 48-002544
Name of Bank/Financial Institution: Bank of Hawaii
Address of Bank/Financial Institution: Kaiko' o Branch, Hilo, Hawaii 96720
Telephone Number of Bank/Financial Institution: 808-935-9701
Contact Person of Bank/Financial Institution: Joyce Kaitoku
Bank/Financial Institution ABA Number: 12130128
Harry S. Kubojiri, Police Chief
Authorized Agency Representative - Name & Title
-4., APR xnQ,
Signature o Au orized Ag cy 8presentative Date
U S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
1 OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing'this
form. Signature of this farm provides for compliance with certification requirements under 28 CFR Part 69, -New'
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
of the U.S. Code, and public (Federal, Slate, or local) transaction or contract under a
As required by Section 1352, Title 31 public transaction; violation of Federal or State antitrust statutes
implemented at 28 CFR Part 69, for persons entering into a or commission of embezzlement, theft, forgery,
grant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false
28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be (c) Are not presently indicted for or otherwise criminally or
paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity (Federal, State, or
fluencing or attempting to influence an officer or employee of any local) with commission of any of the offenses enumerated in
agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification; and
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into (d) Have not within a three-year period preceding this applica-
of any cooperative agreement, and the extension, continuation, lion had one or more public transactions (Federal, State, or
renewal, amendment, or modification of any Federal grant or local) terminated for cause or default; and
cooperative agreement; B. Where the applicant is unable to certify to any of the
(b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid to any person for influencing or at- explanation to this application.
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this 3. DRUG-FREE WORKPLACE -
Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHER THAN INDIVIDUALS) .
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and
(c) The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67, Subpart F, for grantees, as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620-
at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide
cooperative agreements, and subcontracts) and that all sub- a drug-free workplace by:
recipients shalt certify and disclose accordingly.
(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
2. DEBARMENT, SUSPENSION, AND OTHER workplace and specifying the actions that will be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition;
(DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to
inform employees about-
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec- (1) The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at (2) The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510-
(3) Any available drug counseling, rehabilitation, and employee
A. The applicant certifies that it and its principals: assistance programs; and
(a) Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employees for
ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace;
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged
or agency; in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
do Have not within a three-year period preceding this a-
lion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph (a) that, as a condition of employment under the grant,
tion with obtaining, attempting to obtain, or performing a the employee will-
OJP FORM 4061/6 (3-91) REPLACES CUP FORMS 406112, 006113 AND 4061A WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his 0, her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction; Check ? if there are workplaces on file that are not indentified
here.
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such conviction. is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap-
position title, lo: Department of Justice, Office of plication for Department of Justice funding. States and State
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 406117.
N.W., Washington, D.C. 20531. Notice shall include the iden- Slate has elected to complete OJP Farm
tification number(s) of each affected grant; Check ? J the
406117.
(f) Taking one of the fallowing actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted- GRANTEES WHO ARE INDIVIDUALS)
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and
requirements of the Rehabilitation Act of 1973, as amended. or implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage
such purposes by a Federal, Stale, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses-
ment, or other appropriate agency; sion, or use of a controlled substance in conducting any
(g) Making a good faith effort to continue to maintain a drug- activity with the grant; and
free workplace through implementation of paragraphs (a), (b), B. It convicted of a criminal drug offense resulting from a
(c), (d), (e), and (f). violation occurring during the conduct of any grant activity, 1
B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days
site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice
the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW.,
Washington, DC 20531.
Place of Performance (Street address, city, county, state, zip
code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
2. Application Number anchor Project Name - - - 3. Grantee IRS/Vendor Number
DCE/SP Agreement No. 2009-65
4. Typed Name and Title of Authorized Representative
Harry S. Kubojiri, Police Chief APR 2 2 20Qg
6. Date
5. Signature ^0
41 /
'U.S. Govemmenl Printing olfce: 1996- 405-037140014
OMn APPROVAL N0. 1121-0ICO
ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB
Circulars No. A-21, A-87, A-I 10, A-122, A-133. E.O. 12372 and Unifoml Administrative Requirements for Grants and Cooperative Agreements -
28 CFR. Part 66, Common rule, that govem the application, acceptance and use of Federal funds for this federally-assisted project. Also the
Applicant assures and certifies that
I. II possesses legal authority to apply for the grant; that a resoIn ion motion or 10. It will assist the Federal furrier agency in its compliance with Section 106 of
sunikuscum Ices been dulyadopted or passed as an official act oftheappliones the National Historic Preservation Act of 1966 as amended (16 USC 470),
governing body, authoriang the filing of the application, including all Executive Order 11593, and the Archeological and Historical Preservation Act
of 1966 (16 USC 569 a-1 or seq.) by (a) consulting withthe State Historic
the per idsand assurances wmaine toand directing and authoriang
the person on identified as the official representative of the applicant to act in Preservation Officer on the conduct o(inves6gauons, as necessary, lo identify
connection with the application and toprovidesuch additional information may pmperties listed in oreligiblefor indusbn in the National Register of Histonc
be required. Places that are subject to adverse effects (see 36 CFR Part 800.8) by the
service , and nrefying the Federal grantor agency of the existence of any such
2. It will comply with requirements of the provisions of the Uniform Relocation properties, and by (b) complying with all requirements established by the
Assistance and Real Property Acquisitions Actof 1970 PL, 91-646) which Federal grantor agency to avoid or mitigate adverse effects upon such
provides for fair and equitable treatment of persons displaced as a result of properties.
Federal and federally - assisted programs.
11. It will comply, and assure the compliance ofall its subgrantees and
3. It will comply with provisions of Federal law which limit certain political contractors, with the applicable provisions of Title I of the Omnibus Crime
activities of employees of a State or local unit of government whose principal Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and
employment is in connection with an activity Financed in whole or in pan by Delinquency Prevention Act. or the Victims of Crime Act, as appropriate; the
Federal grants (5 USC 1501, et seq.) - provisions ofthe current edition ofthe Office rfJusuce Programs Financial
and Admimserative Guide for Grants, M7I NA, and all other applicable
4. It will comply with the minimum wage and maximum hours provisions of the Federal laws, orders, circulars, or regulations.
Federal Fair Labor Standards Act if applicable. '
12. It will comply with the provisions of28 CFR applicable to grants and
5. It will establish safeguards to prohibit employees from using their positions for a cooperative agreements including Part 18, Administrative Review Procedure;
purposethal is or gives the appearance ofbeing motivated by a demefo'private Pan 20, Criminal Justice Information Systems; Part 22, Confidentialityof
gain for themselves or others, particularly those with whom they have family, Identifiable Research and Statistical Information; Part 23, Criminal
business, or other ties. Intelligence Systems Operating Policies; Pan 30, Intagove-rnmental Review
of Department ofJustice Programs and Activities; Pan 42,
6. It will give the sponsoring agency or the Comptroller General, through any Nondiscrimination/Equal Employment Opportunity Policies and Procedures; -
authorized representative, access trend the right to examine all records, books, Pan 61, Procedures for Implementing Me National Environmental Policy Act;
Patera, or documents related to the grant Pan 63, Floodplain Management and Wetland Protection Procedures; and
Federal laws or regulations applicable to Federal Assistance Programs.
7. It will comply with all requirements imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other 11 It will comply, and all its contractors will comply, with the nondisai-minaeron
administrative requirements. requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or Victims of Crime Act
8. It will insure that the facilities under its ownership, lease or supervision which (as appropriate); Title VI' of the Civil Rights Act of 1964, as amended;
shall be utilized in the accomplishment of the project are not listed on the Section 504 of rim Rehabilitation Act of 1973, as amended; Subtitle A, Title II
Envemornm d Protection Agency's(EPA)Iist of Violwing Facilities and that it ofth, Americans with Disabilities Act (ADA) (1990); Title DC
will notify the Federal grantor agency ofthe receipt ofany communication from ofthe Education Amendments of 1972; the Age Discrimination Act of 1975;
the Duectorofthe EPA Office ofFederal Activities indicating their facility robe Department ofJustice Non-Discrimination Regulations, 28 CFR Pan 42,
used in the project is under consideration for listing by the EPA. Subparts C, D, E, and G; and Department of Justiceregularions on disability
discrimination, 28. CFR Part 35 and Part 39.
9_ It will comply with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Seat 975,14. In the event a Federal or State court or Federal or State adminismit,tr agency
approved December 31, 1976, Section 102(a) requires, on and mer March 2, makes a finding of discrimination after a due process hearing on the grounds of
1975, the purchase of flood insurance in communities where such insurance is ace, color, religion, national origin, sex, or disability against a recipient of
available as a condition for the receipt of any Federal financial assistance for funds, the recipient will forward a copy ofthe finding to the Office for Civil
construction or acquisition purposes for retain any area that has been identified Rigbes, Office ofJustice Programs.
by the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "Federal financial assistance" 15. It will provide an Equal Employment Opportunity Program if required to
includes any form of loan, grant, guaranty, inmewarcpayment, rebate, subsidy, maintain one, where the application is for 4500,000 or more.
disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance. 16. It will comply with the provisions afire Coastal Barra Resources Act (P.L,
97-348) dated October 19, 1982 (I6 USC 3501 et seq.) which prohibits the
expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
APR 2 2 2005
Signature Date