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HomeMy WebLinkAboutRES 223 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII xESOLVTitoN lvo. 223 09 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR THE RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance's Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program, has allocated funding to the County of Hawaii; and WHEREAS, the JAG Program, allowing states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, supports all components of the criminal justice system, including but not limited to multijurisdictional drug and gang task forces; crime prevention and domestic violence programs; and courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the Office of the Prosecuting Attorney and the Hawaii County Police Department are the recipients of this grant award; and WHEREAS, the Office of the Prosecuting Attorney will use its funds to upgrade its computer server environment which will enable them to immediately maintain a central data repository, utilize system management tools, and to implement the latest version of its document management system; and WHEREAS, the Hawaii County Police Department will use its funds to extend the Evidence Specialist Program from September 16, 2009 through August 15, 2011 and to purchase a digital camera system to allow them to continue critical law enforcement efforts; 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, an agreement andlor related documents, to enable the County to use the Recovery Act Justice Assistance Grant funds to implement the programs as described in the Grant Award Document, attached hereto and incorporated herein by reference as Exhibit "A". 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 Police and Finance Departments and the Office of the Prosecuting Attorney. Dated at Kona ,Hawaii, this 2nd day of sept~ber , 209. INTRODUCED BY: ~~ , COUNCIL MEMBER, OU F HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by t2e~C~gUNCIL of the County of Hawaii on September' 2, ArI'TEST: ~- COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER Rnt.I.C,4I.I. VOTE AYES NOES ABS EX ENRIQUES X FORD X GREENWELL X HOFFMANN X ]KEDA X NAEOLE X ONISHI X YAGONG X YOSHIIVIOTO X 9 0 0 0 Reference: C-478 FC -$3 RESOLUTION NO. e223 ~~ ., r°"~°""""*x. Department of Justice ,~ Office of Justice Programs ~ e a.~ s ~ Bureau of Justice Assistance Grant PAGE I OF 10 n'^.. LRECIPIENT NAME AND ADDRESS Qncluding Zip Code) d.AWARD NUMBER: 2009-SB-B9-2403 County o(Hawaii 25 Aupuni Sheel 5. PROTECT PERIOD: FROM OJ/OII2009 TO 02/288013 Hilo, H196720-3998 BUDGET PERIOD: FROM 03/OI/2009 TO 0?/288013 6.AWARD DATF. 07/13/2009 7.ACTION IA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial 996000568 00 9. PREVIOUS AWARD AMOUNT $0 3. PROTECT TITLE IO.AMOUNT OF THIS AWARD $366,489 FY 2009 Recovery Acl TAG Program I I. TOTAL AWARD %366,469 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This projcd is suppuHCd under FY09 Recovery Act (B1A-Byrne lAG) Pub. L. No. I I I-5, 42 USC 3750-3758 I5. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE - Ib. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL lames H. Burch II Harty Kubojiri Chief of Police !i Acling Direcmr 12 SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE N ~,~ AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. ISBUGTI743 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 366489 OlP FORM 40008 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OIP FORM 40008 (RP,V. d-88) EXHIBIT "A" +~ "mss. Department oflustice ~ ~ Office of Justice Programs AWARD CONTINUATION p{ 6 Bureau of Justice Assistance SHEET PACE z of io ^y • N: ~,.~,.,~. ~ Grant PROJECT NUMBER 2009-SB-B9-2407 AWARD DATE 0]/I 7/2009 SP&ClAL CONDITIONS 1. The recipient agrees [o comply with [he financial and administrative requirements set forth in [he current edition of the Office of Justice Programs (O1P) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required [o submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office (or Civil flights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-I33 audits (and any other audits of OIP gran[ funds) are not satisfactorily and promptly addressed, as further described in the current edition of the O1P Financial Guide, Chapter 19. 4. 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 OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under [he False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conlict of interest, bribery, gratuity, or similar misconduct involving grant (ands. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact infornation in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG websile at www.usdoj.gov/oig. 6. RECOVERY ACT-Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable O1P grant policy statements or guidance, apply unless [hey conflict or are superseded by the terms and conditions included here [hat specifically implement the American Recovery and Reinvestment Ac[ of 2009, Public Law I I I-5 ("ARRA" or "Recovery Act") requirements. Recipients are responsible for contacting their gran[ managers for any needed clarifications. OIP FORM 4000/2 (REV. 4-88) ~, ;...~w~ Dcpartmeut of Justice x R 'as Office oflusticeProgmms AWARD CONTINUATION ' sJ ~ Bureau of Justice Assistance SHEET race } of io ,s 4ti,'.. ~.yn~~, ~ Grant PROIF,CT NUM6BR 2009-SB-69-240} AWARD DATL 07/132009 SPECIAL CONDITIONS 7. The grantee agrees to assist B1A in complying with the National Environments( Policy Act (NEPA), the National Historic Preservation Act, and other related Cederal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgranlee. Accordingly, the grantee agrees [o first determine if any of the following activities will be funded by the grant, prior to obligating Ponds for any mf these purposes. If it is determined that any of the following activities will be funded by the grant, [he grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these gran[ funds. That is, as long as the activity is being conducted by the grantee, a subgmntee, or any third party and the activity needs to be undertaken in order to use these gran[ funds, this special condition must firs[ be met. The activities covered by [his special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity end (b) traditionally used, Cor example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these gran[ funds, the grantee, upon specific request from B1A, agrees to cooperate with B1A in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives Funded by 6JA for law enforcement information sharing systems which involve interstate connectivity belweenjurisdiction, such systems shall employ, to the extent possible, existing networks as [he communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, u prescribed by law and detailed by [he B1A in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BSA. 10. The recipient agrees that any information technology system funded or supported by OIP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if O1P determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Pazt 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c}(d). Recipient may no[ satisfy such a fine with federal funds. O1P FORM 40002 (REV. 4-88) """"`^~ Department of Justice `~. k -, '+ Office of Justice Programs AWARD CONT]NUATION ~: ~ Bureau of Justice Assistance SHEET PACE 4 of io i~ -: a. 1 '` ~~~ Grant :.v~~.a, PROJECT NUMBER 2009-SB-B9-2403 AWARD DATE 0/13/2009 SPECldL CONDITIONS The grantee agrecs to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal'freatment Regulation"). The Equal Treatment Regulation provides in part that Department o(Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such acti vibes must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by [he Department of Justice are no[ permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- basedorganizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_tbo. htm. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project Cunded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant Cunds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of [his requirement. For a list of State Inforrnation Technology Points of Contact, go [o http://www.itojp.gov/defaultaspx?area=policyAndPmctice&page=1046. 13. The recipient agrees [ha[ funds received under [his award will not be used to supplant State or local funds, but will be used [o increase the amounts of such funds that would, in the absence oFFederal funds, be made available for law enforcement activities. 14. RECOVERY ACT-IAG-Trost Fund The recipient is required to establish a tms[ fund account. (The tms[ fund may or may not be an interest-bearing account) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial justice Assistance Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the gran[ funds in the trust fund (including any interest earned) during the period of the gran[. Grant funds (including any interest earned) not expended by the end of [he grant period must be resumed to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission ofthe Financial Status Report (SF-269). I5. RECOVERY ACT -Access to Records; Interviews The recipient understands and agrees that DOJ (including O1P and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited [q books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. I6. RECOVERY ACT-One-time Cunding The recipient understands and agrees that awards under the Recovery Ac[ will be one-time awards and accordingly [ha[ its proposed project activities and deliverables are to be accomplished without additional DO] funding. O1P FOAM 4000/2 (REV, 4-88) "°'~'~~ Department of Justice ~ ~ Office oflusticePrograms AWARDCONTINUAT[ON ' v Bureau of Justiee Assistance SHEET race s of io 's~;Xi ~ Grant PROTECT NUMBER 2009-SB-B9-2403 AWARD DATE D7/U/2009 SPECIAL CONDITIONS 17. RECOVERY ACT- Separate Tracking and Reporting of Recovery Act Fuuds and Outcomes The recipient agrees to hack, account for, and report on all funds from [his Recovery Act award (including specific outcomes and benefits attributable to Recovery Act foods) separately hom all other Funds, including DOJ award funds Gom non-Recovery Acl awards awarded for [he same or similar purposes or programs. (Recovery Acl funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, [he accounting systems of [he recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees thae all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain [imesheets to document hours worked for activities related [o this award and non-award- rela[ed activities. IR. RECOVERY ACT-Subawards-Monitoring The rccipient agrees to monitor Subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of Subawards under this award. 19. RECOVERY ACT- Subawards -DUNS and CCR for Reporting The recipient agrees to work with its first-tier subrecipients (if any) to ensure that, no later than the due date of [he recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Cenhal Contractor Registration (CCR) database. 20. RECOVERY ACT -Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OIP. A[ present, these reports are to be submitted on-line (at hops://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 4S days after the end of each calendar quarter. The recipient understands that otter October I S, 2009, O1P will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government-wide Standard Form 42S Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grants standard forms/ffr.pdf). Beginning with the report for the fourth calendar quarter of2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (a[ hops://grants.ojp.usdoj.gov) using [he SF 42S Federal Financial Report form, no[ later than 30 days aRer the end of each calendar quarter. The final report shall be submitted not later than 90 days following [he end of the gran[ period. O]P FDRM 40008 (REV. 488) ~ -.~s,~ Departmen[of Justice ~ _ ~ O~ceof7usticePrograms AWARD CONTINUATION ~~ 6 s, Bureau of Justice Assistance SHEET PncE c of io ,~ ~r~dr Grant PROTECT NUMBER 2009-&B-B9-2403 AWARD DATE 0"1/13/2009 SPECIAL CONDITIONS 21. RECOVERY ACT -Recovery Ac[ Transactions Listed in Schedule of Expendimres of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application oCRecovery Ac[ funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrecs to separately identify the expenditures for Federal awards under the Recovery Acton the Schedule of Expenditures of Federal Awazds (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendtnen[s of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA--" in identifying the name of the Fedeml program on the SEFA and as the first characters in Item 9d of Part BI on the SF- SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing progmm, the information famished to subrecipients shall distinguish the subawards of incremental Recovery Ac[ funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar m [he requirements Cor the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure ofBecovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT -Reporting and Registration RequiremenLS under Section 1512 of [he Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and [heir first-tier recipients must maintain current registrations in the Central Contractor Registration (www.ecegov) al all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of [he requirements for registration in the Centml Contractor Registmtion. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting inswctions and data elements [ha[ will be provided online at www.FederalRepordng.gov and ensure that any information that is pre-filled is corrected or updated as needed. O1P FORM 4000/2 (REV, 4-B&) `~' Department of Justice r c ~ Office oflustice Programs AWARD CONTINUATION u , ; ~ Bureau of Justice Assistance SHEET rncE ] or ~o +ss "~ ,~ Grant PROTECT NOMBER 2009-SB-d9-2403 AWARD DATE 0]/13/2009 SPECIAL CONDIT/ONS 23. RECOVERY ACT-Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Acl provides as follows: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains-- (I) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery Cunds were expended or obligated, including-- (A) [he name of the project or activity; (B) a description of [he project or activity; (C) an evaluation of the completion status of the projector activity; (D) an estimate of the number ofjobs cceated and the uumber ofjobs retained by the projector activity; and (E) for infrastructure investments made by smte and local governments, the purpose, total wst, and rationale of [he agency for funding the infras[mcmre investment with funds made available under this Ac[, and name of [he person to contact at the agency if there are concerns with the infras[mcture investment. (4) Detailed information on any subcontracts or subgmnts awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget- 24. RECOVERY ACT- Protecting State and Local Government and Contractor Whislleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non- Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available a[ www.ojp.usdoj.gov/recovery. 25. RECOVERY ACT- Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for constmetion costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT- InfraslmcNre Investment (Recovery Act, sections 151 I and 1602) The recipient agrees that it may no[ use any funds made available under this Recovery Act award for infrastmcNre investment absent submission of a satisfactory certification under section I51 I of [he Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, [he recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, [he recipient shall give preference to activities that can be started and completed expeditiously, and shall use awazd funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. OJP FORM 4000/2 (REV. 4-68) n~+"°~"~: Departrnent of Justice r ~ Office of Justice Programs AWARD CONTINUATION v~ „- } ~ Bureau of Justice Assistance SHEET PACE a of m '~ ~ Grant °m,, PROILCT NUMBER 2009-SB-B9-2403 AWARD DATE 0]/1]/2009 SPECIAL CONDITIONS 27. RECOVERY ACT-Buy American Notification (Recovery Ac[, section 1605) The recipient understands that [his award is subject [o the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the constmction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification m the O1P program office, and a Grant Adjustment Notice is issued that modifies this special condition to add govemmen[-wide standard conditions (anticipated [o be published in subpart B of 2 C.F.A. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Ac[ funds for a project for [he constmction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under in[ema[ional agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a govemmental entity (the United Stales; [he District of Columbia; commonwealths, tenitories, and minor outlying islands of the United States; Slate and local governments; and multistate, regional, or interstate entities which have govemmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and [he constmctioq alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought [o the constmction site far incorporation into [he building or work that has been-- (I)Processed into a specific form and shape; or (2) Combined with other raw material to create a material [hat has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of O1P grants, projects involving construction, alteration, maintenance, or repair ofjails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projecl5 will likely [rigger this provision. NOTE: The recipient is encouraged to contact the OIP progmm manager- in advance -with any questions concerning this condition, including its applicability [o particular circumstances. O/P FORM 4000/2 (REV. 4-88) wn~»an Department of Justice f' av ~ ~` 3 Office of Justice Programs AWARD CONTINUATION . q Bureau of Justice Assistance SHEET rncE 9 of io ~' °"' J Grant '~ n PROJECT NUMBER 2009-SB-B9-2407 AWARD DATE 0]/13/1009 SPECIAL CONDITIONS 28. RECOVERY ACT- Wage Rale Requirements under Section 1606 of the Recovery Acl (a) Section 1606 of the Recovery Ac[ requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Fedeml Government pursuant [o the Recovery Act shall be paid wages al rates not less than those prevailing on projects of a character similar in the locality as determined by ehe Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies conceming application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess o($2,000 Cor cons[rnetion, alteration or repair (including painting and decom[ing). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries conceming the application oCDavis-Bacon requirements to a particular federally assisted project to [he Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT- NEPA and Related Laws The recipient understands that all OJP awards are subject to [he National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees [o assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, Stale, and local environmental laws and regulations applicable to the development and implementation of the activities to be Cunded under [his award. 30. RECOVERY ACT-Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of torten[ and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT- Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and furore OJP (including government-wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT- JAG -Delinquent section 1512(c) repots The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(e) data for two consecutive reporting periods, the recipient may be- (a) precluded from drawing dawn funds under any O1P award, and/or (b) deemed ineligible for fuure discretionary O1P awards, until such time as [he recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of B1A, shall velum [o O1P any unexpended award funds (including any unexpended interest earned on award Cunds) within 15 calendar days of the date of the demand notice. ThereaHer, the recipient's award shall be converted to acost-reimbursable grant until such time as the recipient becomes torten[ in its section 1512(c) reporting obligations, and remains current for no[ less than two additional consecutive reporting periods. OJP FOAM 4000/2 (REV. 4-88) '°" Department of Justice g ~'4y Office of Justice Programs AWARD CONTINUATION p i Bureau of Justice Assistance SHEET PACE io of io .b ,~ > "'+Rµ ~4~,, Gran[ PROTECT tJUMBER 2009-Sa-a9-2403 AWARD DATE 0'1/13/2009 SPECIAL CONDITIONS 33. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing [his special condition. OIP FORM 4000/2 (REV. 4-88) `°`~ `~"`- Department of Justice jfi , ` Office of Justice Programs ~~r. _,G ~ Bureau ofJus[ice Assistance Washington. D.C. 10531 Memorandum To: Official Grant File From: Maria A. Berry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Hawaii The Recovery Ac[ emphasizes the importance of compliance with the National Environmental Policy Act (NEPA) in the use of public funds. The Recovery Act -Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgran[ee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in ils basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals [hat are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.govBJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. w~v=~. ,~ Department of justice GRANT MANAGER'S MEMORANDUM PT. I: {_` a OfficeoflusticePrograms PROJECT SUMMARY € ~ Bureau of Justice Assistance ~ ';~«'~ Grant PROTECT NUMBER PAGE I OF 1 2009-SB-B9-2403 This project is supported under FY09 Recovery Ac[ (B1A-Byme JAG) Pub. L. No. I I I-5, 42 USC 3750-3758 L STAFF CONTACT (Nnmc & telephone number) 2. PROTECT DIRECTOR (Noma, address & telephone number) fefhey Feleen-Green Marshall Kanehailua (202)514-8874 Assistant Police Chief 349 Kapiolaoi Sheet Hilo, HI 96720-3998 (808)961-2243 3a. TI'CLE OF THE PROGRAM 36.POMS CODE (SEE INSTRUCTIONS ON REVERSE) BJA FY 09 Recovery Act Edward Byme Memorial Ius[iee Assistance Gran[ Program Local Solicitation 4. TITLE OF PROJECT FY 2009 Recovery Act lAG Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE County of Hawaii 25 Aupuni Street Hilo, HI 96720-7998 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 03/01/2009 TO: 02/282013 FROM: 03/01/2009 TO: 02/28Y2013 9. AMOUNT OF A W ARD 10. DATE OF AWARD S 366,489 07/ 132009 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PER10D 14. THIRD YEAR'S BUDGET AMOUNT I5. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery ACI") and by 42 U.S.C. 375I(a). The stated puryoses of the Recovery Act are: to preserve and createjobs and promote economic recovery; to assist those most impacted by the recession; m provide investments needed to increase economic efficiency by spurting technological advances in science and health; to invest in hansporta[ion, environmental protection, and other infrastmeture that will provide long-[enn ewnomic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and hansparency in the use of taxpayer dollars. OlP FORM 4000/2 (REV. 4-88) Among other things, it creates a new Recovery Acwuntability and Transparency Board and a new websitc - Recovery.gov - to provide information to the public, including access to detailed infonna[ion on grants and contracts made with Recovery Act funds. The Justice Assistance Gant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to sratc and local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, coons, corrections, treannen[, and justice information sharing initiatives. Recovery JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminaljustice systems, processes, and procedures. The county of Hawaii will use its Fiscal Year 2009 Recovery Act JAG award in the amount of 5366,489 m improve [hc server environment for the Hawaii's County Prosecutor's Office. The purchase of a new scrveq its supponing hardware, soRwarc, and services azsociatcd with conversion of the currem system will improve the prosecutor's office ability and efficiency in handling ease information and itr ability to share information with other law enforcement agencies the on island. This project will also enable the prosecutor's office to increase electronic storage and exchange case files and documents to support critical law enforcement efforts. The county will also use their award to extend [he Evidence Specialist Pilot Program from Scprember 16, 2009, m August I5, 201 I end to purchase an updated digital wmea system to allow the police department to wntinuc critical law enforcement effons. NCAMCF