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HomeMy WebLinkAboutCOM 0075.000 1998-2000 °� 0 0 tV pF H •' . "- : Stephen K. Yamashiro •- ` % Harry A. Takahashi , / y. Mayor : r i. t, .t( : *) Director •' t, 'r1'•° xT+ :* S. K. Schutte ; • • •47. OF NP.' Deputy (ountp of jabnaii DEPARTMENT OF FINANCE 25 Aupum Street, Room 118 • Hilo, Hawaii 96720 -4252 (808) 961-8234 • Fax (808) 961 -8248 December 29, 1998 Honorable James Arakaki, Chairperson and Members of the County Council O n -_ Hawaii County Council " 2 = 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget - Enclosed is a bill for an ordinance for a grant that the Police Department"has {s received from the State Department of Transportation Motor Vehicle Safety Office for $7,500 to purchase 8 preliminary breath testing devices. These devices will allow officers to do preliminary tests on suspected DUI /drug persons at the scene. By testing persons at the scene, only those with positive results will be transported to the police station to be charged. If there are any questions, please do not hesitate to call the Police Department. \& t I Harry A . T. . ashi Director of Finance APPROVED: X4 � t hen K � am ashiro Mayor Enc. ‘49; ii .tl Own Na. Ne. FMDIOPR Ref. Tot Fes• IAA• II 5 IOW Form 4: B -52 • e 7/18/91 0 DEPARTMENT OF FINANCE REQUEST _FOR__COUNCIL_ACTION DEPARTMENT: POLICE DATE: 12/21/98 STAFF CONTACT :__ GARY MAESATO• BUSINESS MANAGER _______ PHONE: 961 -2274 A. REQUEST:- -- --- --- - ---- - - - - -- •--- -- - - -- -- - - - - -- To create an account under "Preliminary Breath Testing Devices" in the amount of $7,500.00 under object code 480. • B. BACKGROUND AND JUSTIFICATION_iUSE ADDITIONAL SHEETS AS NEEDED): The Department of Transportation Motor Vehicle Safety Office is providing a grant to purchase eight (8) Preliminary Breath Testing Devices. The devices will allow officers to do preliminary tests on suspected DUI/r]rug ,nersons at the scene. This will eliminate the additional process of having to take suspected persons to the station to be tested. These persons will be tested at the scene and only those with positive results will be transported to the Police Station and charged. SIGNED: � � , - ��°,Q% rt.Q, a DATE: 17,- 11-`/8 -- - -- W E G. CARVALHO -- — -- - - - -- P• ICE CHIEF APPLICATION FOR HIGHWAY SAFETY P .o ' 7 ) REIMBURSEMENT G • «> - STATE, HAWAII MOTOR VIE SAGY OFFICE PART I (Applicant Agency to Complete) -_ 2. , " - :. - - 1. APPLICANT AGENCY (Name and Address) Hawaii County Police Department ,,. :::..:.:..::.::..:..<;>.: r "::::::.. : 349 Ka iolant Street - P < Ttde-<`";-<: s" PRt?T 11Tif+IARY B){FATF4,33�1TiiG Hilo, HI 96720 -3998 1 3Z VlCHS IPBT 1 2. GOVERNMENTAL UNIT (Name and Address) -- . - . .. County of Hawaii - "" 25 Aupuni Street lard A ea '` " - :10Ct Effectiv ll t :; ;' j(t til - yg" Hilo, HI 96720-3998 "' "= "'`'" " °�" 3. DURATION (Month,Day,Year-See Schedule C) <Sl"ntndat3bligtttcd::r '::: "r'?::' >:::::: "`s' ".:= i' > %?.: °; .'["4'.; ::'r.r "::: A. Grant Period B. Project Period From 10 /0I /98 From 10 /01/98 Ey:�jyjq":jy't: To 09/30/99 To 09/30/99 • jYB UT H Y " b" Xx Hw�u Of. i::` ?":.: aIX": 4. LOCATION OF PROJECT SA. Type of Application [Check Appropriate hem(s)] Hawaii County Police Department X Initial Revision _ Continuation ' 349 Kapiolani Street Hilo, HI 96720 -3998 SB. REIMBURSEMENT SCHEDULE Telephone: (808) 961 -2225 XX Monthly Quarterly 6. PROJECT DESCRIPTION (Schedule A) (See Appendix A, Project Prcedures Manual) * 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A Purchase Preliminary Breath Testing Devices for use by patrol officers. 8. BUDGET (Schedule B) (See Appendix A, Project Procedures Manual)* 8A. COST CATEGORY GRANT PERIOD TOTAL EXPENDITURES PROJECT PERIOD PRIOR YEARS (1)' Personal Services 57,500.00 $ 7,500.00 i (2) Consultant Services _0-- (3) Commodities (4) Other Direct /Indirect Costs TOTAL ESTIMATED COSTS (Inc. Non -Fed. Share) $ 7,500.00 $ 7,500.00 8B. SOURCE OF FUNDS 8C. SPECIFY HOW NON - FEDERAL (t) Federal (100% of TOTAL) $ 7,500.00 SHARE WILL BE PROVIDED (2) Applicant Agency ( % of TOTAL) 911. TIME AND COST (Schedule C) (See Appendix A, Project Procedures Manual) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D. attached) 11. ACCEPTANCE OF CONDITIONS It is understood and agreed by the undersigned that a reimbursement grant received as a result of this application is subject to Public Law 89 -564 (Highway Safety Act of 1996) and all administrative regulations governing grants established by the U.S. Deaprtment of transportation and the State of Hawaii. It is expressly agreed that this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant agency will meet the requirements a set forth herein, including accompanying schedules A, B, C, & D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested 11A. PROJECT DIRECTOR 1IB. AUTHORIZING OFFICIAL GOVERNMENTAL UNIT Signature Signature Name WAYNE G. CARVALHO Name STEPHEN YAMASHIRO Title POLICE CHIEF Title MAYOR, COUNTY OF HAWAII Date Date PART II (Motor Vehicle Safety Office to complete) Project Number 1 ADDENDUM (For MVSO Use Onlyc3 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date B. Federal Funds Obligated C. Approval Date D. Signature E. Name F. Title Highway Safety Manager • 0 SCHEDULE A HAWAII COUNTY PRELIMINARY BREATH TESTING (PBT) DEVICE PURPOSE This grant application is being submitted to purchase Preliminary Breath Testing devices (PBT's) for use in alcohol and drug enforcement by the Hawaii County Police Department. PROBLEM When a police officer makes a stop on a suspected drunk driver, he goes through a series of observations and procedures to determine the impairment of a driver. Observations include, but are not limited to, red or watery eyes, odor of liquor on subject's breath, slurred speech, poor hand coordination, and presence of liquor containers in the vehicle. Armed with the foregoing indicia of intoxication, the driver can be ordered out of the vehicle to perform several Standardized Field Sobriety Tests (SFST's) to further determine the driver's impairment, the first of which is the Horizontal Gaze Nystagmus (HGN). HGN is the involuntary jerkiness observed when a subject is under the influence of liquor. The severity and onset is usually commensurate with the amount of impairment present. Should the subject state that he has an injury or impairment that would affect his performance of the SFST's, the One Leg Stand and the Walk and Turn would not be performed. Although there are alternate methods such as the Finger Count, Finger to Nose, and Rhomberg Test, their accuracy have not been validated, nor do they give an indication of the actual amount of alcohol present in the subjects blood or breath. The inability of the subject to perform the other two tests hampers the officer's ability to determine the amount of impairment close to, or over the legal per se blood alcohol level of .08 %. In 1996, the legal per se limit was changed from .10% to .08 %. This also places the subject in a dilemma of possibly being arrested for DUI despite the possibility of having a significantly low blood alcohol content. The Hawaii County Police Department traffic officers and several selected patrol officers have received Drug Evaluation and Classification (DEC) training and have been certified through attendance in a class and had conducted field examinations and classifications that were later confirmed through a chemical test. One of the steps required in the DEC protocol is to eliminate the presence of liquor in the subject's body through a chemical test. This would normally be done by having the subject blow into an intoxilyzer which is normally in the police station. Having portable breath testing device would satisfy the requirement of discounting the presence or quantity of liquor in the subjects body while out in the field. Once this is completed, the DRE (Drug Recognition Expert) can finish his protocol and make a determination as to the type(s) of drug(s) present in the subject's body. • 0 0 In an effort to discourage underage drinking and reduce alcohol- related deaths of persons under the age of 21, the Hawaii County Police Department has an ongoing program to detect and apprehend minors consuming or possessing liquor. Officers on these underage patrols need a quick, accurate, and accepted method of not only determining the presence of liquor, but quantifying it as well. Being that these underage subjects are not being arrested for DUI, they are not usually subjected to an intoxilyzer test. The degree of impairment is usually not mentioned on the police report because of the inability to test the underage subject. SOLUTION Historically, PBT's weren't used or relied upon very much in the past because of their size and level or accuracy. Over the past few years both problems have been addressed and PBT's have evolved into compact, accurate instruments. They have become accurate enough to be part of the testing protocol in DOT regulations. The solution to the problems mentioned is to utilize a PBT to test for the presence and quantity of liquor. Although the State of Hawaii does not have a statute allowing for their use, it does not proscribe their use. We will request that the next legislature address the use of PBT's in the probable cause portion of an officer's investigation, further requiring that the driver submit to blood or intoxilyzer testing. The California Highway Patrol addresses the statutory problem by informing the subject that the PBT is strictly voluntary and it is not to be considered the required breath test. This admonition can be read from a card carried by the officer and recorded by the in -car video camera and wireless microphone. Although the SFST's are reliable, adding another leg to the evaluation process through the use of PBT's can assist the officer in conducting a better evaluation. This would be particularly true in the event the subject claims that he has some type of physical impairment. A PBT could actually save a subject the psychological trauma of being arrested should he or she be a BAC level low enough to release at the scene. The DEC officers can make a quick and efficient use of the PBT's when conducting an evaluation of a subject believed to be under the influence of drugs without having to use the full - sized intoxilyzer. Because of its size, the PBT can be used and carried anywhere. If the PBT were to be used for underage drinking enforcement, it can be attached to a printer that would document the breath test and print the results that can be attached to a report. The degree of impairment has never been known before and we will now be able to study the impact of underage drinking by collecting the BAC's to study trends in alcohol consumption by underage persons. In addition, the PBT will further add to an officer's probable cause to arrest should the subject submit to a voluntary test. The Administrative Driver License Revocation (ADLR) office can consider the PBT result s when determining probable cause for arrest and /or if the subject • O refused to take a chemical test after being advised of the ADLR sanctions. In 1992, four passive alcohol sensors were purchased under federal funds by the Hawaii County Police Department. These instruments were used in conjunction with the Standardized Field Sobriety Test (SFST) along with the Horizontal Gaze Nystagmus (HGN) test. The results showed some promise, however problems with weather conditions, i.e., strong wind and proper placement of the (PAS) was needed to be overcome in order to obtain accurate reading. Although PAS was useful in alcohol detention more sensitive and accurate devices now exist. Funding provided will enable the Hawaii County Police Department to purchase eight (8) PBTs to be distributed to patrol officers who have shown that they are willing and capable of effecting DUI arrests. They would also be able to assist other patrol officers in evaluating a suspected drunk driver. PROJECT EVALUATION This project will be evaluated by tracking the usage of the instruments by patrol officers for alcohol or drug investigations and comparing the PBT results against the results obtained through blood samples or from the intoxilyzer results. Officers using the PBT's will be given an evaluation form to submit comments concerning the use of PBT's in their investigations. Because the State of Hawaii's DUI laws mandates that this is a "one blow state ", the data collected from this project will be used to promulgate legislation allowing the use of a PBT prior to an blood or breath test. Our officers are currently admonishing subjects that the PBT test is voluntary and that the Intoxilyzer test or blood test is a required test should they be arrested. The results of PBT usage and acceptance led to used by the Honolulu Police Department and is being considered for use by other police departments in the state as there is a great potential for its use. • 0 0 SCHEDULE B HAWAII COUNTY Preliminary Breath Testing (PBT) Device 8a (1) Personal Services (2) Consultant Services (3) Commodities __0_ (4) Other Direct /Indirect Costs Purchase of eight (8) Preliminary Breath Testing devices $7,500.00 Total Cost 57.500.00 0 0 SCHEDULE C HAWAII COUNTY Preliminary Breath Testing (PBT) Device PART I. PROJECT NUMBER: SEATBELT ENFORCEMENT /CHILD RESTRAINT FISCAL YEAR 1998 -99 PROJECT ACTIVITY 1ST 2ND 3RD 4TH QUARTER QUARTER QUARTER QUARTER Purchase of 8 PBTs $ 7,500.00 - -0 -- —0 —0 and calibration equipment Subtotal $ 7,500.00 - -0 -- - -0 -- —0 -- COMMENTS: COST $ 7,500.0C 0 0 SCHEDULE D Agreement of Understanding & Compliance Project Number: OP99 -05(01 -H -02) THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation, hereinafter referred to as "State ", and the Governmental Unit named in this application, hereinafter referred to as "Applicant ". WHEREAS, the National Highway Safety Act of 1966 (Public Law 89 -564) provides Federal funds to the STATE for approved highway safety projects, and WHEREAS, STATE may make said funds available to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, and WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received, and WHEREAS, the above name APPLICANT has submitted an application for Federal funds for highway safety projects. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: I. Reimbursement of Eligible Expenditures A. It is mutually agreed and promised that upon written application by APPLICANT and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, STATE shall obligate said Federal funds to APPLICANT'S account for reimbursement of eligible expenditures as set forth in the application. B. It is mutually agreed and promised that APPLICANT shall reimburse STATE for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received as determined by a State or Federal audit. Costs are not allowable for construction, rehabilitation, remodeling, or for office furnishings and fixtures - for State, local or private buildings or structures. The following are examples of items considered as furnishings or fixtures, for which reimbursement is not eligible: Desks Credenzas Storage Cabinets Chairs Bookcases Portable Partitions Tables Filing Cabinets Pictures, Wall Clocks Shelving Floor Coverings Draperies Coat Racks - • -Office Planters Fixed Lighting /Lamps C. It is further agreed and promised that where reimbursement is made to APPLICANT in installments, STATE shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or correct by APPLICANT. 1 0 0 II. Property Agreement A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE if any equipment purchased under this project ceases to be used in the manner as set forth by the project agreement. In such event, APPLICANT further agrees to either give credit to the project cost or to another active Highway Safety project for the residual value of such equipment in an amount to be determined by the STATE, or to transfer or otherwise dispose of such equipment as directed by STATE. B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project will be conveyed, sold, salvaged, transferred, etc. without the express written approval of the STATE. C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained for its useful life, any equipment purchased under this project. III. Application of Hatch Act A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the APPLICANT, whose principal employment is in connection with any Highway Safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12 (a) of the Hatch Act (5 U.S.C. 118K (a)). IV. Equal Opportunity A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of the Federal -Aid Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975, the APPLICANT, as a condition to receiving approval of this application submitted under the Highway Safety Act of 1966, hereby gives its assurance that employment in connection with the subject Highway Safety Program project will be provided without regard to race, color, creed, sex, handicap, age, or national origin. The APPLICANT further agrees that, as a condition to receiving approval of this application, it will be subject to, and will comply with, Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 (hereinafter referred to as the Act), and all applicable requirements pursuant to the Regulations of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, which have been adopted by the Department of Transportation, and hereinafter referred to as the Regulations), to the end that, in accordance with the Act and the Regulations, no person in the United States shall on the ground of race, color, creed, sex, handicap, age, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject Highway Safety Program or project. B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply with its undertaking as set forth in these provisions, the STATE of the UNITED STATES DEPARTMENT OF TRANSPORTATION may take any or all of these following actions. (1) Cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and (2) Refrain from extending any further Federal financial assistance to the applicant agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the applicant agency. 2 • 0 0 V. Non - duplication of Grant Fund Expenditures A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under agreement with any other Federal fund source which duplicate or overlap any work contemplated or described in this project. B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any pending or proposed request for other Federal grant funds which would duplicate or overlap work under this project to exclude any such duplication of grant fund expenditures. C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and payment received as determined by State or Federal audit. VI. Project Income and Applicable Credits A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated under the project, such as but not restricted to: The sale of real or personal property royalties received from copyrights and patents, sale of publications or from personal or incidental services, to the project in accordance with OMB Circular A -87 (FMC 74 -7) and NHTSA/FHWA Order 460 -4/7510.1. VII. Copyrights and Patents A. It is mutually agreed that any copyrightable materials produced in the course of a project may be the property of the State or applicant agency; however, provisions should be made to obtain for the United States Govetnment, the State Governments and their political subdivisions a royalty-free nonexclusive, and irrevocable license to use in any manner such copyrightable material. B. It is mutually agreed that the ownership of all rights accruing from any patentable discoveries or inventions resulting from a project should be covered in the agreement. An irrevocable, nonexclusive, nontransferable, and royalty-free license to practice each discovery or invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method developed as pan of the work under the agreement should be obtained for the United States Government, the State Governments and their political subdivisions. VIII. Certification Regarding Debarment and Suspension A. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3 0 0 4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. _ 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DC. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. X. Minority Business Enterprise Requirements It is the policy of the Department of Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 4 • • • 0 0 The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. XI. Requirements A. It is mutually agreed and promised that the applicant shall follow the State and Federal requirements and guidelines set forth in the State of Hawaii Project Procedures Manual as amended. All project expenditure records are to be retained for at least three years after the date of the fatal expenditure report. XII. Authorization to Proceed A. It is mutually agreed between the STATE and the APPLICANT that this AGREEMENT OF UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART 11(2) of this application. 5