HomeMy WebLinkAboutCOM 0052.000 2016-2018 William P.Kenoi 4°J+cyu . :yi;''-`.r Gnl',e TY C FPI Harry S.Kubojiri
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Paul K.Ferreira
Deputy Police Chief
County of Hawai' i
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawai`i 96720-3998
(808)935-3311 • Fax(808)961-2389
DATE: December 14, 2016
TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND
CO CIL MEMBERS
VIA: KAY OSHI'O C• 4 TROLLER
FROM: A S• . •J I, POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1)
Name of Grant Program: Hawaii Narcotics Task Force
Grantor: State Department of the Attorney General Crime Prevention and
Justice Assistance Division
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 15-DJ-03
Amount of Grant: $44,162.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5219.32: 3309.33
Grant Period (Commencement & Completion): January 1, 2017 to December 31, 2017
Purpose of Grant: Disrupt the flow of narcotics via the apprehension of mid to high
level distributors importing/distributing illegal narcotics into and
within the State of Hawaii
Is final report required by grantor? x Yes No
Notification attached: x Yes No, because
Comm.No. SI
Ref.To:
Ref.Date DAG. 22I11)1.b
Form NC,A 1 1/05
"Hawaii County is an Equal Opportunity Provider and Employer'
Project Number 15-DJ-03
CONTRACT
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2017, by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency, " by and through the Attorney__
General, and the Hawaii Police Department, whose business
address is 349 Kapiolani Street, Hilo, Hawaii 96720, hereinafter
called "Grantee . "
WITNESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. §§ 3711 et seq. , as amended
(hereinafter "Act") , was enacted to make grants to states and
units of local government, for use by the State or unit of local
government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and
information systems for criminal justice, including for any one
or more of the following programs :
(1) Law enforcement programs .
(2) Prosecution and court programs .
1 (rev. 06/2016)
(3) Prevention and education programs .
(4) Corrections and community corrections programs .
(5) Drug treatment and enforcement programs .
(6) Planning, evaluation, and technology improvement
programs .
(7) Crime victim and witness programs (other than
compensation) .
WHEREAS, the Governor has designated Agency to serve
as Hawaii ' s office for administering the federal financial
assistance available under the Act;
WHEREAS, Grantee, as an agency of the County of
Hawaii, is qualified to receive funds available to Hawaii under
the Act and its implementing regulations, contained in the
Edward Byrne Memorial Justice Assistance Grant (JAG) State
Solicitation, and 28 C. F.R. Chapter 1, Part 66, and has applied
to Agency for receipt of the same as a subgrantee;
WHEREAS, Agency has reviewed Grantee ' s application for
funds, and is satisfied that all of the requirements of the Act
and its respective implementing regulations have been satisfied
and that Grantee is capable of using the federal funds requested
appropriately;
2 (rev.06/2016)
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the required services,
programs and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as
follows :
A. SCOPE OF SERVICES .
Grantee shall, in a proper and satisfactory
manner, as determined by Agency, and in accordance with the
terms and conditions of this Contract, use the funds received
under this Contract for the purposes stated herein and in
accordance with the "Application For Grant" (Parts I through IV
including all certifications required under Section C) and the
Acceptance of JAG Special Conditions attached hereto as Exhibit
"A" and by reference incorporated herein. It is understood that
this Contract includes as a part hereof any rules, relevant
directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of
Management and Budget circulars and the effective edition of the
3 (rev. 06/2016)
Office of Justice Programs ' financial manual entitled "Financial
Guide. "
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from January 1, 2017 to and including December 31, 2017 unless
this Contract is sooner terminated as hereinafter provided or
unless this Contract is extended in accordance with Section L.
of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS .
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Bureau of Justice Assistance, 28 C. F.R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs ' financial manual entitled "Financial
Guide. "
2 . Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
and local government which in any way affect its performance
under this Contract.
4 (rev.06/2016)
3 . Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Office of Management and Budget Circular A-133 .
4 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Drug-Free Workplace Requirements which meets the requirements of
the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D, U. S . C. , Title 41, Chapter 10, §702) , hereinafter
referred to as the "Drug-Free Workplace Certification. " A copy
of the Drug-Free Workplace Certification shall be included in
Part IV of the Application for Grant . Grantee covenants that
the representations made in the Drug-Free Workplace
Certification are true at the time this Contract is executed and
will remain true throughout the entire term of this Contract and
any extensions, and that Grantee shall fulfill all the
requirements set forth therein. Grantee ' s execution and
submission of a false Drug-Free Workplace Certification, or
Grantee ' s violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments
under this Contract, and/or terminate this Contract pursuant to
the provisions of Section N of this Contract . Grantee warrants
that it is aware that such false certification or violation of
the requirements contained in the Drug-Free Workplace
5 (rev. 06/2016)
Certification shall subject the State of Hawaii to government-
wide suspension or debarment, or other sanctions which, in turn,
shall result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
5 . Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification. " A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant . Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
6 . Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification of Non-Supplanting, hereinafter referred
to as the "Non-Supplanting Certification. " A copy of the Non-
Supplanting Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the
representations made in the Non-Supplanting Certification are
true at the time this Contract is executed and will remain true
throughout the entire term of the Contract and any extensions,
6 (rev.06/2016)
and that Grantee shall fulfill any and all terms and conditions
set forth therein.
7 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Lobbying, hereinafter referred to as the "Lobbying
Certification. " and any subsequent disclosure forms required
under Section 1352, Title 31 U. S . C. A copy of the Lobbying___
Certification shall be included in Part IV of the Application
for Grant . Grantee covenants that the representations made in
the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
8 . Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968 which prohibits discrimination in
employment and in the delivery of services or benefits on the
basis of race, color, national origin, religion, or sex; Title
VI of the Civil Rights Act of 1964 which prohibits
discrimination in the delivery of services or benefits on the
basis of race, color, or national origin; Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 which prohibit discrimination in
7 (rev. 06/2016)
employment and in the delivery of services or benefits based on
disability; Title IX of the Education Amendments of 1972 which
prohibits discrimination on the basis of sex in training or
educational programs; the Age Discrimination Act of 1975 which
prohibits discrimination in the delivery of services or benefits
on the basis of age; the Department of Justice regulations
implementing the above-referenced statutes at 28 C. F. R. Part 42,
subpts . C, D, G, and I, 28 C. F. R. Part 35, and 28 C. F. R. Part
54; Exec. Order No. 13279, 28 C. F.R. Part 38 (equal protection
of the laws for faith-based and community organizations) ; Exec.
Order No. 13166 and U. S. Department of Justice, Guidance to
Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons; the Hawaii State Fair
Employment Practices Act, Chapter 378, Hawaii Revised Statutes;
and all other applicable federal and state laws, rules and
regulations .
9. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program in
accordance with 28 C. F. R. §§ 42 . 301 et seq. it will submit a
certification to Agency that a current program is on file .
10 . Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately and
8 (rev. 06/2)16)
properly reflect all direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract. Grantee shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits at all reasonable times by Agency or the
United States Department of Justice. In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Bureau of Justice Assistance may
require . Grantee shall submit quarterly financial reports
fifteen (15) calendar days after the end of each calendar
quarter. Grantee shall submit monthly request for funds and
cash balance reports fifteen (15) calendar days after the end of
each month. The final fiscal reports must be received by Agency
within sixty (60) days after the date this Contract terminates
or unless mandated earlier by Agency. Records and financial
accounts shall be retained by the Grantee and shall be
accessible to Agency and the United States Department of Justice
for at least three years after Agency' s grant with the Bureau of
Justice Assistance is closed.
11 . The final drawdown for funds must be
received by Agency within thirty (30) days after the date this
Contract terminates .
12 . Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
9 (rev. 06/2016)
terminates shall be returned to Agency; all funds provided under
this Contract which are encumbered but not disbursed within
sixty (60) days after this Contract terminates shall be returned
to Agency.
13 . Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under Part
IV. of the Application for Grant, Attachments, Acceptance of JAG
Special Conditions .
14 . If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before title
in such property may vest in Grantee. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates . If a certification is not provided by
Grantee, title to any personal property purchased or acquired
with funds received under this Contract shall vest in Agency and
such personal property shall be delivered to the Agency in good
working order upon expiration or sooner termination of this
Contract.
D. PERSONNEL.
1 . Grantee shall secure at its own expense all
personnel required to perform the services required under this
10 (rev.06/2016)
Contract . All such personnel shall not be considered employees
of, or have any contractual relationship with the State of
Hawaii unless Grantee is otherwise an agency of the State.
2 . Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
E. SUBCONTRACTS .
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the period of
each subcontract shall not exceed the term of this Contract, and
funds to the private organization will not be released unless
and until the requirements set forth in applicable state law and
implementing rules are complied with by the subcontractor. All
subcontracts shall include provisions to ensure that Grantee is
capable of satisfying the requirements of this Contract . All
subcontracts shall be reduced to writing and shall include all
provisions of this Contract required of Grantee.
11 (rev.06/2016)
F. SERVICES AS INDEPENDENT CONTRACTOR.
1 . In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency' s opinion, the work is being
performed by Grantee in accordance with the provisions of this
Contract. All persons hired or used by Grantee shall be
Grantee' s agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees . Furthermore,
Grantee intentionally, voluntarily, and knowingly assumes the
sole and entire liability if such liability is determined to
exist, to its agents and employees or to third persons, for all
loss, cost, damage or injury caused by Grantee ' s agents and
employees in the course of their employment. The performance of
work under this Contract alone shall not be construed as
employment with the State of Hawaii and shall not entitle
Grantee' s agents and employees to vacation, sick leave,
retirement, or other benefits directly afforded state employees
by statutes . Grantee shall be responsible for payment of all
applicable federal, state, and county fees which may become due
and owing by the Grantee by reason of the Contract, including
12 (rev.06/2016)
but not limited to (i) income taxes, (ii) employment related
fees, assessments and taxes and (iii) general excise taxes . The
Grantee also is responsible for obtaining all licenses, permits
and certificates that may be required in order to perform this
Contract .
2 . This section shall not be applicable if
Grantee is an agency of the State of Hawaii .
G. COMPENSATION.
1 . Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed forty-four
thousand one hundred sixty-two and 00/100 dollars ($44 , 162 . 00)
to be spent for the purposes of this Contract . This sum
represents any and all compensation to be paid to Grantee for
any and all services it provides, and for any and all travel
costs, materials, supplies, equipment, overhead, taxes, and
other incidentals and operating expenses which it incurs or may
incur in connection with this Contract .
2 . It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
13 (rev.06/2016)
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government .
H. METHOD OF PAYMENT.
1 . All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes .
2 . Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions :
a. Payments shall be made monthly upon
receipt of Grantee ' s completed request for funds .
b. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised
Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of
Hawaii .
c. If an amount of reported expenditures
is preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the
next payable installment and may withhold payment of the amount
of the moneys equivalent to the questioned expenditures until
14 (rev. 06/2016)
later resolution of the discrepancy by audit or other means .
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
Agency notwithstanding Agency' s preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I . INDEMNIFICATION.
1 . It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or
omissions of Grantee . Grantee shall indemnify and save harmless
the State of Hawaii, Agency, and their officers, agents, and
employees from and against any and all liability, loss, actions,
claims, suits, damages, costs or expenses, including all
attorneys' fees, and all claims, suits, and demands therefor,
arising out of or resulting from the acts or omissions of
Grantee, its officers, employees, agents, or subcontractors
15 (rev. 06/2016)
occurring during or in connection with the performance of
Grantee' s services under this Contract, or arising out of or
resulting from breach of this Contract by Grantee. Grantee
shall defend the State of Hawaii, Agency, and their officers,
agents, and employees against any such action or claim unless
the action or claim involves an act or omission solely of
Agency, its officers, agents, or employees .
2 . This section shall not be applicable if
Grantee is an agency of the State of Hawaii .
3. The County of Hawaii will indemnify to the
extent permitted by law, and that payment is subject to approval
by the county council.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
16 (rev.06/2016)
research/statistical data . All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable .
K. COPYRIGHT AND PATENT .
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire . " No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or development
produced in whole or in part with funds made available under
this Contract shall be the subject of an application for
copyright or patent by or on behalf of Grantee, its officers,
agents, or its employees, or its subcontractors without prior
written authorization from Agency.
L. MODIFICATION OF CONTRACT .
Any modification, alteration, amendment, or
change to this Contract other than to the "Application For
Grant" (attached hereto as part of Exhibit "A") or to the period
during which this Contract is in effect in Section B, including
17 (rev. 06/2016)
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted by this Contract shall be
made by written supplemental agreement to this Contract and
executed by Grantee and the Attorney General or the Attorney
General ' s designee . Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
and Justice Assistance Division on Agency' s behalf, and made by
substituting or inserting the revisions in Exhibit "A. "
Modifications, alterations or changes to the period during which
this Contract is in effect may be requested in writing by
Grantee or Agency, up to forty-five (45) days before the
Contract would otherwise terminate, and shall be effective as of
the date approved by the Administrator of the Crime Prevention
and Justice Assistance Division (if requested by Grantee) or
Grantee (if requested by Agency) and made by attaching a party' s
written request with the other party' s written approval thereon
to this Contract. No oral modification, alteration, amendment,
change, or extension of any term, provision or condition of this
Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
18 (rev. 06/2016)
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract .
N. TERMINATION OF CONTRACT.
1 . If, for any cause, Grantee refuses or fails
to satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency
shall have the right to terminate this Contract by giving
written notice to Grantee of such termination ten (10) calendar
days before the effective date of such termination. The Grantee
shall continue performance of the Contract to the extent it is
not terminated. Notwithstanding termination of the Contract,
and subject to any directions from the Agency, the Grantee shall
take timely, reasonable, and necessary action to protect and
preserve property in the possession of the Grantee in which the
Agency has an interest .
2 . Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving
-written notice to Grantee of such termination at least thirty
19 (rev. 06/2016)
(30) calendar days before the effective date of such
termination.
3 . In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency,
become Agency' s property and, together with all information,
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be delivered and
surrendered to Agency on or before the effective date of
termination.
4 . Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned prior
to the effective date of termination. Agency shall determine
the amount of work satisfactorily completed and the amount of
compensation satisfactorily earned. If the termination is for
cause, any other provisions to the contrary notwithstanding,
Grantee shall not be relieved of liability to Agency for damages
sustained by Agency because of any breach by Grantee of this
Contract.
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
20 (rev. 06/2016)
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency' s right to enforce the
same in accordance with this Contract . It is expressly
understood and agreed that no waiver granted by Agency on
account of any violation of any promise, term or condition of
this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General ' s duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive . Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency' s request . The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii . Except as
otherwise provided in this Section, any action to enforce this
21 (rev. 06/2016)
Contract or for breach of this Contract shall be brought only in
a State court of competent jurisdiction in Honolulu, Hawaii .
Q. ADDITIONAL CONDITIONS .
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract . Any such exhibit shall be attached hereto and
thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Contract .
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY")
APPROVED AS TO FORM:
By
Deputy Attorney General, State of Hawaii
Print Name Douglas S. Chin
Its Attorney General
Date
HAWAII POLICE DEPARTMENT
COUNTY OF HAWAII ("GRANTEE")
By
Print Name
Title Mayor
Date
APPROVED AS TO FORM AND APPROVA RECOMMENDED
LEGALITY 7
By By --
44
Print Name Print Name Harry S . Kubojiri
Title Corporation Counsel Title Chief of Police
Datc Date_- .. . DEC_- 2 ZU16
22 (rev. 06/2016)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2015 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A. PROJECT TITLE: Hawaii Narcotics Task Force
B. APPLICANT AGENCY: Hawaii Police Department
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: ❑ Yes ® No DUNS No. 613154335
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 349 Kapiolani Street City Hilo Zip 96720
PRIMARY PLACE OF
F. PERFORMANCE: City Hilo State HI Zip+4 digits 96720-
G. PROJECT PERIOD: From January 1 2017 To December 31 2017
H. AUTHORIZED PROGRAM AREA: Law Enforcement Programs
Reducing drug threats and drug related crimes and
I. PRIORITY AREA: Incorporating multi-agency collaboration
J. TYPE OF APPLICATION: New ❑ Continuation EZ
K. TOTAL PROJECT AMOUNT: $ 44,162
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ® No ❑ If yes,then provide name of
source and the amount of funds that is being sought: Source HIDTA Amount$142,540
M. PROJECT DIRECTOR
Name: Sherry D. Bird Title: Lieutenant
Address: 349 Kapiolani Street Hilo,HI 96720
Telephone: (808)326-4646 Fax: (808)327-3651
E-Mail: Sherry.Bird@hawaiicounty.gov
N. FINANCIAL OFFICER
Name: Raynette Fukui Title: Accountant III
Address: 349 Kapiolani Street Hilo, HI 96720
Telephone: (808)961-2274 Fax: (808)961-2359
E-Mail: Raynette.Fukui@hawaiicounty.gov
FOR CPJAD USE
Date received: /A //I'LL)/(a Project Number: — -O3
EXHIBIT A
HiPD HNTF Final.doc
AG/CPJAD#1 (Rev 06/05/2015)
APPLICATION FOR FY 2015 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART II. DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
The importation of illegal narcotics continues to plague the Island and State of Hawaii.
Due to our island's and state's remote location in the Pacific Ocean,the methods used to
import illegal narcotics are limited and present unique challenges to law enforcement.
Importation of the illegal narcotics is successfully achieved by using the wide variety of
shipping services offered by the United States Postal Service, private parcel shipping
establishments, and household goods/vehicle shipping businesses. In addition, the
importation of illegal narcotics is achieved via airlines by way of the "body carry" method
in which individuals conceal quantities of narcotics on or within their person or within
their clothing as they travel or by concealing the narcotics within their carry-on or
checked in luggage. Once the narcotics reach the B-ig-Island the-narcotics are distributed
into our community by individuals who profit monetarily from the narcotics sales.
With the importation methods described above, it is necessary for law enforcement
officers tasked with investigating narcotics offenses to 1) be highly trained in the methods
and techniques used to investigate narcotics offenses 2)use the gained knowledge and
learned techniques to maximize narcotics investigations 3)broaden the network of
resources available to law enforcement as they conduct their narcotics investigations.
Crystal methamphetamine, or "ice," continues to be the most prevalent drug of choice and
has a significant negative impact on our Big Island communities and families and the
visitors to the Big Island. Oftentimes, methamphetamine users lack the ability to pay for
methamphetamine and resort to committing property crimes, such as theft, burglary, and
unauthorized entry into a motor vehicle, so they may obtain money for the stolen items.
The money is then used to facilitate the purchase of methamphetamine. Users of crystal
methamphetamine have also been associated with "crime sprees" involving a series of
rapidly escalating crimes, including crimes of violence, such as robbery and assault,
simply because they are looking for an easy and quick way to get money to purchase
methamphetamine.
Cocaine remains popular and available throughout the County of Hawaii and is often used
in conjunction with other drugs including heroin and marijuana. The majority of cocaine
recovered by law enforcement is in its powdered form.
Following a nationwide trend, heroin seems to be growing in popularity on the Big Island.
Black tar heroin continues to be the most common form of heroin found on the Big Island
and availability of heroin continues to remain limited to a small amount of distributors.
Recent investigations conducted by the task force have led to the recovery of black tar
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heroin directly from the responsible importers of the heroin. It is unknown whether heroin
use/seizures will continue to increase and individuals associated with heroin use/
distribution remain generally unwilling to assist law enforcement because they do not
want to lose the limited source of their heroin supply.
The illegal possession and distribution of marijuana is widespread on the Big Island.
Current Hawaii County ordinance,which prevents acceptance of federal monies
associated with marijuana eradication, hampers our department's ability to conduct aerial
observations of illegally cultivated marijuana and limits our investigative capability when
conducting investigations involving commercial marijuana cultivation and distribution.
Pharmaceutical diversion occurs when a legally obtained prescription is filled and the
prescribed narcotics are diverted illegally, typically sold for monetary profit or traded for
another illicit substance. Pharmaceutical diversion remains an alarming drug threat in the
United States--anc Hawai`rCounty-isincluded-in this trend—h—e-Hawai`-Police
Department's Vice Sections reports that pharmaceutical drugs, legally prescribed or
diverted, are present at approximately 90% of their search warrants executed for other
illegal narcotics. The most commonly recovered pharmaceutical drugs during these
investigations are Oxycodone, Hydrocodone, Methadone, and Fentanyl patches.
The potential profit of drug trafficking is extremely high, prompting numerous people to
become involved in drug trafficking. As an example, one pound of crystal
methamphetamine can be purchased on the mainland for $8,000; that same pound of
crystal methamphetamine can be sold on the Big Island for $33,000; if that same pound is
divided into ounce quantities (as is typically done) and sold for$3,500 an ounce, that's
$56,000 for the pound which equates to $48,000 in pure profit. These distributors invest
large amounts of money, time, and effort to set up distribution organizations which are
very sophisticated and well organized, all in hopes of evading law enforcement. Such
organizations operate on different levels yet all of the drug trafficking organizations
actions eventually filter down to the "street dealers."These dealers often distribute drugs
to support their own habits, sell only"user" quantities, and are highly visible to the
general public. These dealers often become the subject of numerous public complaints
and become nuisances in any community in which they operate.
The utilization of undercover officers to infiltrate drug trafficking organizations has
proven to be an effective means of dismantling certain organizations. Such operations
often lead to the arrest of the upper-most levels of dealers in the organizations through
undercover purchases of narcotics. In addition, police controlled purchases conducted
with confidential informants and cooperating individuals have also led to the arrest of
many mid- to high-level dealers. The prices of narcotics continue to vary however the
average cost of an ounce of crystal methamphetamine ranges from $2,500 to $3,500.
Narcotic investigations are often complicated, lengthy, and tedious and depend greatly on
the skills of a well-trained investigator. Without such skills and training, successful
arrests and/or drug seizures would not be possible. However, as the methods and trends
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of drug trafficking continuously change, it is imperative that law enforcement personnel
involved in narcotic investigations are continuously trained and educated in order to
maintain effectiveness. The criminal element's knowledge of the techniques utilized and
economic limitations affecting law enforcement to combat the drug problem is ever
growing, not only by "word of mouth" communication as in the past, but also due to the
amount of information available to them via the internet, not to mention the growing
number of"reality"television shows in syndication. It is the intention of the Hawaii
Police Department to keep the members of our Vice sections abreast of the latest narcotic
investigation techniques, intelligence, and resources to combat the ever changing and
evolving methods of the modern day drug trafficking organizations.
Given our state's remote location and the way our state is divided by islands, it stands to
reason that law enforcement efforts will be most effective if information and investigative
resources and tactics are shared amongst the different law enforcement agencies. The
continued collaboration of the Hawai`i Narcotics Task Force (HNTF)has proven to be
successful in combating these Drug Trafficking Organizations in the State.of Hawai`i. It
is imperative the collaborative efforts of the Hawai'i Narcotics Task Force (HNTF)be
continued in order tomaximizethe available resources already in place and to further
future narcotics investigations.Narcotics investigations have evolved technologically
speaking in that communications concerning narcotics activities, such as voice
conversations/text messaging to set up "meetings," "drug deals," the
importation/exportation of narcotics or monies, or to plan an exchange of monies for the
agreed upon narcotics, is frequently conducted via cellular telephones. Such
communications, if intercepted by law enforcement personnel, can yield fruitful
information leading to the identity of the source of narcotics supplier, the identity of
person(s) financially benefiting from narcotics sales, or the person(s) responsible for
directing the importation/exportation of narcotics and/or the sales of narcotics.
Intercepting such phone conversations requires sophisticated listening equipment
designed to intercept and record such conversations for investigative and prosecution
purposes. Such listening equipment is expensive to acquire and maintain and requires a
sufficient area to be stored and appropriately secured within. The Maui Police
Department has already acquired such listening equipment and has agreed to allow the
Hawai'i Police Department to utilize their listening equipment if and when our narcotics
investigations call for it. In addition, the Maui Department has agreed to provide officers
to assist in the required monitoring of voice conversations in order to maximize the
manpower on the Big Island during such an operation; manpower would be needed to
conduct surveillance/enforcement operations in conjunction with intercepted phone
conversations. While it is difficult to forecast how many of these types of collaborative
investigations would be conducted within a specified time period, having a commitment
already in place ahead of such an investigation would allow for a smooth transition
should a narcotics investigation move in that direction.
Fulfilling the outlined program activities will ultimately have a positive impact on the
community at large and hamper the activities of those responsible for the importation and
distribution of narcotics. By attending training courses that are specific to narcotics
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investigations task force officers will be able to stay abreast of narcotics importation and
distribution trends and have an effective means of conducting narcotics investigations.
This gained knowledge is expected to enhance the quality of narcotics investigations and
is likely to lead to successful criminal prosecutions.
For calendar year 2015, Task Force Officers assigned to the Hawai`i County Police
Department have recovered over$2,514,000 street value of crystal methamphetamine,
$36,000 of cocaine, $71,200 in marijuana, and $135,250 in black tar heroin, resulting in
over 2.5 million dollars worth of illegal narcotics seized in Hawai`i County alone.
These seizures have resulted in the initiation of 1,862 drug related investigations,the
seizure of 36 firearms, the disruption of 1 identified drug trafficking organization and the
further dismantling of 3 drug trafficking organizations.
During these investigations the Hawai -Police-Department seized-3 pounds of crystar
methamphetamine, 364 grams of cocaine, 178 pounds of marijuana, 541 grams of heroin,
and 782 diverted pharmaceutical pills. In addition, numerous assets valued in excess of
$230,125 such as vehicles and currency related to narcotics investigations, were seized
for forfeiture during this time.
Funding for the Hawaii Narcotics Task Force and the partnership between the
participating and partner agencies have resulted in successful investigations in calendar
year 2015, some of which are summarized below:
Task Force Officers were involved in a significant seizure of heroin as officers continued
an investigation involving the importation of heroin from California to the Big Island by
executing search warrants on a 40-year-old male of Oceanside, California. This
investigation revealed said male would be importing heroin via the internal "body
carrying" method to the Big Island. The male was contacted by officers at the Kona
International Airport after deplaning a United Airlines flight that originated in Los
Angeles. After executing the search warrant of the carrying items of the male individual,
officers were unable to locate any narcotics. He was transported to the Kona Community
Hospital where a search warrant to X-ray his person was conducted by
technicians/physicians there. X-rays revealed baggies located within the male's internal
cavity and officers recovered 3 baggies containing approximately 8.7 ounces of black tar
heroin and 4.6 grams of crystal methamphetamine. The male was arrested and charged for
Methamphetamine Trafficking 2', Promoting Dangerous Drugs Pt, Promoting
Dangerous Drugs 2"d, Criminal Conspiracy, and Drug Related Paraphernalia.
Task Force Officers, working in collaboration with FBI, received information that a 32-
year-old male, a known heroin importer and resident of Kailua-Kona, traveled from
Kona, Hawaii to San Francisco, California, and was scheduled to return to Kona, within 2
days of arriving in California. The male is associated with the previously mentioned
heroin arrest of which the other members were already taken into custody for offenses
involving the importation of heroin to Kona. Officers learned that the male did not board
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his originally scheduled flight from San Francisco and that he had made a last minute
change, leaving from Los Angeles, California to Kona instead. As officers continued the
investigation,they observed the male as he deplaned the flight from Los Angeles and later
met with another unknown male, later identified as a 28-year-old male, of Oceanside,
California. Both males separated and both were eventually picked up by a 21-year-old
female, of Kailua-Kona. After conducting a traffic stop on the vehicle, a narcotic canine
screening of the vehicle resulted in a positive alert. The three parties were arrested for
Promoting Dangerous Drugs and transported to the Kealakehe Police Station,pending the
application and service of search warrants on the bodies of the males as well as the
vehicle the three individuals were in.
Note that task force officers had prior knowledge that this organization's method of
operation is to internally body carry the narcotics to avoid law enforcement detection.
Search warrants to X-ray both male's bodies were approved and both parties were
transported, via the police blue and white transport van, to the hospital. Upon arrival at
the hospital, officers discovered that while being transported, the 28-year-old male had
expelled an unknown amount of heroin and smeared it all over the van's walls in an
apparent effort-to destroy the evidence. Upon serving the X-ray warrant on the 32 year-
old male,no anomalies were noted. Upon serving the X-ray warrant on the 28-year-old
male, an anomaly was noted within his internal organs. He subsequently expelled an item
containing approximately 3 ounces of heroin and 12.7 grams of crystal
methamphetamine.
The 32-year-old male was released, pending investigation, however a Criminal
Conspiracy investigation was initiated and has been deferred to the Prosecutor's Office.
The 21-year-old female was arrested and charged for Promoting Dangerous Drugs and
Drug Paraphernalia, after a ziploc packet containing heroin residue was located on her
person after she was taken into custody. The 28-year-old male was arrested and charged
for Methamphetamine Trafficking, Promoting Dangerous Drugs, and Drug Paraphernalia.
Task Force Officers executed a search warrant on a vehicle owned and operated by a 41-
year-old male, after he was stopped for a traffic violation in Kailua-Kona. A search of the
vehicle resulted in the recovery of a Kel-Tec brand 9mm semi-automatic handgun
(loaded,but not chambered), a box of live 9mm ammunition, two ziploc packets
containing crystal methamphetamine with an aggregate weight of 2.1 grams, a ziploc bag
containing 156.4 grams of marijuana, a baggie containing 29.3 grams of crystal
methamphetamine, 24 ziploc packets containing an aggregate weight of 29.4 grams of
heroin, a jar containing 4 grams of marijuana and various drug paraphernalia to include
glass smoking pipes, digital weighing scales, and a box of live 30.06 rifle ammunition.
The male was charged with Methamphetamine Trafficking, Promoting Dangerous Drugs,
Drug Paraphernalia, and several firearms offenses.
Task Force Officers, while conducting checks at a parcel shipping business, located a
suspicious parcel sent from Ontario, California, and destined for a Big Island address. A
narcotic canine screening resulted in a positive alert and officers prepared a search
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warrant to open said parcel. Upon execution of the warrant, officers recovered 2
containers, each containing 19.8 ounces of crystal methamphetamine, for a total
approximate weight of 2 pounds of crystal methamphetamine. Working in collaboration
with DEA and the Honolulu Airport Task Force, offices conducted a controlled delivery
operation however no one claimed the parcel. No suspects have been identified however
investigative efforts to identify the suspect(s) continue.
These investigations are representative of the partnership of resources and information
gained from the Hawaii Narcotic Task Force project and the impact it has on drug
trafficking not only in the County of Hawaii but also the State of Hawaii.
B. GOALS AND OBJECTIVES
The overall goal of the HNTF is to disrupt the flow of narcotics via the apprehension of
-mid-level-(m level-distributor is defined as ari>.nd vidual-wh distributes between two
ounces to seven ounces of narcotics) to high-level (high-level is defined as an individual
who distributes eight ounces and more of narcotics) distributors importing and
distributing illegal narcotics into and within the State of Hawaii.
Objective 1:
Ensure law enforcement agencies in different jurisdictions work together as a single
enforcement entity with the ability to improve communications, share intelligence, and
coordinate activities. This allows for more efficient use of resources and targeting of
offenders whose activities cross jurisdictional boundaries. Task force members will
attend at least 2 meetings to collaborate resources pertaining to narcotic investigations,
interdictions, and missions.
Objective 2:
Decrease the number of narcotic related criminals on the street by making a minimum of
400 narcotics related arrests.
Objective 3:
Decrease the number of Drug Trafficking Organizations (DTO) in the community by
disrupting and/or dismantling 4 DTOs.
Objective 4:
Reduce the number of drugs on the street by seizing a minimum of 750 grams of cocaine,
1,800 grams of crystal methamphetamine, 40 grams of heroin, and 500 diverted
pharmaceutical pills.
Objective 5:
Increase the knowledge of vice officers, to include the Narcotic Canine Handlers, by
providing 3 trainings in topics pertaining to narcotic canine handling issues, conducting
high quality narcotics investigations such as current drug trends, smuggling and
distribution techniques, confidential informant development and management, officer
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safety, and State/Federal laws that impact the task force.
Objective 6:
Increase the knowledge of community members/groups by giving at least 12 presentations
in which attendees are given an overview of narcotics, educated on the effects of
narcotics use and what narcotics look like, and the paraphernalia associated with narcotics
use.
Objective 7:
Increase the ability to complete missions across Hawaii by participating in joint task force
missions as needed.
Objective 8:
Increase narcotics related intelligence by initiating 750 new drug-related investigations.
Objective 9:
Reduce the number of drug assets on the street by seizing weapons, vehicles, and U.S.
cuiiency as applicable.
C. ACTIVITIES WITH A TIMELINE
1. The participating task force agencies shall work in a coordinated effort in
accordance with the Memorandum of Understanding(MOU) and will keep an updated
copy on file at each department. The joint task force personnel from the Hawaii Police
Department, Maui Police Department, and Kauai Police Department will continue to
communicate through face-to-face meetings, telephone and/or email as appropriate. They
will also continue to participate and assist in interagency investigations involving local,
state, and federal jurisdictions as needed. These meetings will be used to coordinate joint
operations,training, share information and intelligence, and discuss other enforcement
efforts.
2. The task force will direct their investigative efforts towards identifying and
arresting those individuals involved in narcotics related offenses. Personnel will
accomplish this by using traditional, as well as new and innovative investigative methods
and by cultivating, managing, and directing confidential informants and/or undercover
officers to conduct certain activities in furtherance of narcotics investigations.
3. The task force will direct their investigative efforts towards identifying and
disrupting and/or dismantling drug trafficking organizations. Personnel will accomplish
this by using traditional, as well as new and innovative, investigative methods and by
cultivating, managing, and directing confidential informants and/or undercover officers to
conduct certain activities in furtherance of narcotics investigations.
4. Task force members will also direct their investigative efforts towards recovering
illegal narcotics to include but not limited to cocaine, crystal methamphetamine, heroin,
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and diverted pharmaceutical pills.
5. Training of personnel is an essential component to the drug enforcement program.
Training will include attending conferences and workshops with topics that will be
instrumental in increasing the attendees' knowledge, investigative abilities, and work
performance. Training will also familiarize the narcotics' officers with current and up-to-
date trends of various narcotics concerns and investigative techniques.
a. Training conferences that have consistently proven to be of great value to
the task force members include the semi-annual Inter-County Criminal Intelligence Unit
(I.C.C.I.U.) conference. This conference is held at varying locations in the State of
Hawaii. It typically occurs in April and October of each year and is attended by
representatives of each of the island's local law enforcement agencies as well as the
various federal law enforcement agencies and law enforcement partners throughout our
State. Presentations-given at the-conference are relevant tot lie narcotics trends seenl`n our
State and are applicable to our narcotics investigations.
b. Another noteworthy annual training is the California Narcotics Officer
Association (CNOA) conference. This conference is held in California or Nevada and
occurs annually in November of each year. The topics presented at this conference are
presented by instructors who have the background and expertise to support their
teachings. In addition, the topics presented are applicable to our narcotics investigations.
Itis attended by new and seasoned narcotics investigators and narcotics supervisors from
all over the western region of the United States. This allows attendees a great opportunity
to expand upon their network of available resources when conducting narcotics
investigations.
c. Lastly, the California Narcotic Canine Association conference is highly
popular and widely attended by canine handlers from the western region of the United
States. This conference is held in California and occurs annually in late January of each
year. Instruction is provided by experts who specialize in the field of narcotic canines and
topics presented are relevant to the appropriate use of the deployment and use of narcotic
canines in narcotics investigations. Like all training opportunities, attendance at this
conference provides attendees an opportunity to network with other canine handlers and
helps to expand their network of available resources when addressing narcotic canine
related issues.
6. Educating community members/groups about the narcotics-related topics is
important in recognizing narcotics offenses. All too often community members are
affected by narcotics use; they either become victims of a narcotics driven crime or the
narcotics user is a family member/relative. Educating the community about narcotics-
related topics will provide the community with an awareness of indicators to look for
when narcotics use and/or distribution is suspected and inform them of the available steps
to take when narcotics offenses are suspected.
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7. These joint task force operations and missions will be coordinated by the
respective Vice Division Commander at either the semi-annual or a special meeting. The
lead agency will be responsible for collecting and reporting the statistics from that joint
task force mission. Each county will be responsible for their own expenses when their
officers travel to another jurisdiction(i.e. airfare, ground transportation,per diem, etc.).
Each officer will also follow their respective agency's"Use of Force"policy. The
aforementioned as well as other areas are covered within the MOU. The MOU is
reviewed on a yearly basis for any needed modifications.
8. Investigative efforts will be directed toward the identification and arrest of mid to
high level drug traffickers and dealers for prosecutorial purposes. Search warrants,
buy/busts, controlled deliveries,wiretaps, etc., will be utilized as investigative tools to
seize drugs, assets, arrest responsible parties, and disrupt and/or dismantle drug
trafficking organizations. Confidential funds will be used to aid in the buy/busts. When
available, we will provide other agencies with undercover police officer(s) for short or
long term investigative efforts.
9. - This multi jurisdictional task force represents a coordinated effort involving
county police departments along with state and federal law enforcement agencies.
Funding will allow the HNTF to continue to conduct surveillance and covert operations
to interdict drugs, arrest drug dealers and couriers, and seize monetary assets and property
gained from the sale of narcotics. Funding will allow for continued intelligence and
information sharing; training and assessment of canine drug dogs;joint operational
planning; training to increase officer knowledge, effectiveness, safety; and opportunities
to meet, work, and train with other state and national law enforcement agencies.
Timeline
In the process of conducting drug investigations, enough evidence shall be collected to
arrest suspects and to initiate prosecutorial procedures on a daily basis from the beginning
of the project. The timeline for the project is 12 months.
MONTH ACTIVITIES
January Utilize confidential funds and expend investigative overtime to further
thru narcotics investigations by conducting surveillance operations, report
December writing, conducting controlled purchases utilizing confidential
informants/undercover officers,buy/bust opertaions, surveillance operations,
preparation and execution of search warrants, etc.
January Throughout this project period, drug presentations,to include narcotic
thru canine demonstrations will be given to community/ school/youth/
December business groups as requested.
January Send 2 Narcotic Canine Handlers/Supervisors to the annual California
Narcotics Canine Association Conference, San Diego, California.
April Send 2 Officers/Supervisors to the Semi-Annual Inter-County Criminal
Intelligence Unit Conference, location to be determined, Hawaii.
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April Meet with other HNTF commanders to share information and intelligence,
discuss/plan any joint operations, training, and other enforcement efforts,
location to be determined, Hawaii.
October Send 2 Officers/Supervisors to the Semi-Annual Inter-County Criminal
Intelligence Unit Conference, location to be determined, Hawaii.
October Meet with other HNTF commanders to share information and intelligence,
discuss/plan any joint operations, training, and other enforcement efforts,
location to be determined, Hawaii.
November Send 2 Officers/Supervisors to the California Narcotics Officers Association
Conference, San Diego, California.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Prd e t Director for the-Hawaii Police�epartment shall be the Lieutenant of the Area
II Vice Section. The Project Director will be responsible for the overall management of
the Project and will oversee department activities with the Hawaii Narcotics Task Force.
The Project Director reports to the Captain of the Criminal Investigation Division. The
Criminal Investigation Division falls under the command of the Major and Assistant
Chief of Area II Operations.
E. PERSONNEL
The Hawaii Police Department will use existing personnel; there will be no new hires for
this Project. In addition to the Project Director, Lt. Sherry D. Bird, existing personnel are
as follows:
Lieutenant Reed Mahuna Detective Michael Hardie
Detective Zachary Fernando Detective Jeremy Lewis
Detective Ian Lee Loy Detective Sean Smith
Detective George Makua Detective Chad Taniyama
Detective Ernest Matsumoto Officer John Balberde
Detective Brian Miller Officer Kyle Hirayama
Officer Patrick Aurelio Officer Edward Lewis
Officer Matthew Bartz Officer Kimmerlyn Makuakane-Jarrell
Officer Peter Fernandez Officer John McCarron
Officer Donovan Kohara Officer Stephen Parker
Officer Frank Mohica Officer Marco Segobia
Officer Colin Pacheco Officer Eric Reyes
Officer Zenas Pacheco Officer Brett Winther
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F. BRIEF PERSONNEL BIOGRAPHIES
Project Director: Lt. Sherry D. Bird, a 18-year police veteran currently assigned as the
Commander of the Area II Vice Section.
Additional sworn personnel include officers and detectives with specialized training and
experience within the Vice Section. The following personnel assigned to the Area I Vice
Section are identified as:
Lieutenant Reed Mahuna, a 18-year police veteran currently assigned as the Commander
of the Area I Vice Section.
Detective Zachary Fernando
Detective Ian Lee Loy
Detective George Makua
Detective Ernest Matsumoto
Detective Brian Miller
Officer Patrick Aurello
Officer Matthew Bartz
Officer Peter Fernandez
Officer Donovan Kohara
Officer Frank Mohica
Officer Colin Pacheco
Officer Zenas Pacheco
The following personnel assigned to the Area II Vice Section are identified as:
Detective Michael Hardie
Detective Jeremy Lewis
Detective Sean Smith
Detective Chad Taniyama
Officer John Balberde
Officer Kyle Hirayama
Officer Edward Lewis
Officer Kimmerlyn Makuakane-Jarrell
Officer John McCarron
Officer Stephen Parker
Officer Marco Segobia
Officer Eric Reyes
Officer Brett Winther
Support personnel (Police Records Clerk and Evidence Custodians) also possess the
specialized training and experience needed to accomplish the goals and objectives of this
project.
G. PARTICIPATING AGENCIES
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1. The lead agency and facilitator for the County Police Departments will be the Maui
Police Department who will, through the Vice Division, coordinate technical assistance,
training, and manpower.
2. The Hawaii Police Department will conduct enforcement throughout the County of
Hawaii and request, and provide, manpower assistance to the other Counties on an "as
needed" basis.
3. The HNTF is comprised of the following County agencies:
Hawaii Police Department
Maui Police Department
Kauai Police Department
State Narcotics-Enforcement Division
4. Participating agencies shall include the:
Bureau of Alcohol, Tobacco, and Firearms
Drug Enforcement Administration
U.S. Customs and Immigration Enforcement
U.S. Postal Service
National Park Service
U.S. Coast Guard
Federal Bureau of Investigation
U.S. Attorney General
Internal Revenue Service
State Attorney General
Department of Land and Natural Resources
Hawaii National Guard
Honolulu Police Department
County Prosecutors Office
Hawaii HIDTA
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
The Project Director will record data monthly utilizing the Hawaii Police Department's
computerized Records Management System (RMS), along with a non-computer based
tracking system, and oversee efforts and methods used to achieve the goals and
objectives, and arrive at conclusions as to the success/failure or need for alternations. Any
modifications and/or deviations in operating procedures utilized towards the achievement
of goals and objectives will be recorded in order to form a basis for purposes of
comparison. The standardization of training and techniques utilized is imperative in terms
of the task force operations for optimum results.
The anticipated result will be a decrease in the flow of illegal narcotics into the State
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N.which will positively impact all aspects of police work, the criminal justice system, and
the community by decreasing the amounts of incidents involving thefts, burglaries, crimes
against persons, and the like.
PERFORMANCE MEASURES
The following data will be acquired from the Hawaii Police Department's Records
Management System(RMS), arrest reports, investigative narratives, and other
departmental reports, and individually collected data collection reports:
1. The number of joint task force meetings attended, where it was located, and dates
of the meeting.
2. Copy of the MOU on file
3. The number of persons arrested for narcotics related offenses.
4. The number of DTOs disrupted.
5. The number of DTOs dismantled.
6. The type, quantity in grams, and value of narcotics seized.
7. The number of officers trained and types/dates of training received.
8. The number of narcotics presentations given to community members/groups and
the dates of said presentations.
9. Number of joint task force missions, dates of the missions, and county the mission
took place.
10. Number of new investigations.
11. Number of closed investigations.
12. Number of investigations using a canine and results of the canine search.
13. Number of weapons, number of vehicles, and value of U.S. currency seized.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND
SUSTAINABILITY PLAN
It is highly likely that our community and our criminal justice system will be positively
impacted by the successful outcomes of the task force's investigative efforts. By ensuring
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the task force stays abreast of the latest trends in narcotics importation and distribution
and by providing training to task force members that is specific to putting together
effective narcotics investigations, the flow of illegal narcotics into the State is sure to
decrease. With the decrease of available narcotics, law enforcement officers, and
subsequently the criminal justice system, will see a decrease in the amount of other
narcotics-driven offenses to include burglaries, robberies, thefts, crimes against persons
and/or property, and the like.
The Hawaii Narcotics Task Force Project will provide the Hawaii Police Department with
the continued funding necessary to investigate and apprehend mid to high level narcotics
distributors. At the end of this project period, it is anticipated all of the goals and
objectives will be met or surpassed. Future grant funding will be sought in order to
continue the objectives of this project.
If the--Hawaii-Narcotics Task Force-Project no longer receives funding from-this source,
funding sources will be sought from the High Intensity Drug Trafficking Area(HIDTA)
and any other available grant sources.
Should funding be discontinued, the task force officers will continue to work towards
disrupting the flow of narcotics via the apprehension of mid-level to high-level distributor
importing and distributing illegal narcotics into and within the State of Hawaii. While the
objectives may vary, existing law enforcement personnel will be utilized to fulfill the
overall goal. If the need arises, additional manpower/funding assistance will be sought
from law enforcement personnel from the neighbor island police departments and/or
state/federal law enforcement agencies. In addition, drug awareness presentations will
continue to be made to community/ school /youth/business groups as requested.
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•
APPLICATION FOR FY 2015 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A. Salaries and Wages
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
Detective/Sergeant 8 $45 21 $7560
Police Officer III 16 $40 12 $7680
$ $
—Tota Sa arses and Wages $15240
B.Fringe Benefits Employee Benefits @
No. of
Position Title Positions Monthly Rate Subtotal
$ $
$ $
Total Fringe Benefits $0
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
$ ❑ Consultant 0 Contract
Total Consultants/Contracts $0
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No. of
Itemize for mainland/interisland Travelers No.of
airfare, ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
I.C.C.I.U. $ $ $3,875
Airfare $250 4 $1,000
Per Diem $90 4 3 $1,080
Ground Transportation $65 3 $195
Excess Lodging $100 4 3 $1,200
Baggage Fee(roundtrip) $100 4 $400
CNOA Conference/Training $5,530
Airfare $1,053 2 $2,106
.......-----.................--. _
Per Diem $145 2 6 $1,740
Ground Transportation $70 2 $140
(roundtrip)
Airport Parking Fees $12 2 6 $144
Excess Lodging $100 2 6 $1,200
Baggage Fee(roundtrip) $100 2 $200
CNCA Conference/Training $5,530
Airfare $1,053 2 $2,106
Per Diem $145 2 6 $1,740
Ground Transportation $70 2 $140
(roundtrip)
Airport Parking Fees $12 2 6 $144
Excess Lodging $100 2 6 $1,200
Baggage Fee(roundtrip) $100 2 $200
Total Transportation and Subsistence I $14,935
E.Office Supplies
Itemize supplies and related costs such Cost by Unit
as printing,paper,bmders, etc. Quantity Subtotal
$ $
Total Office Supplies $0
F. Equipment
Specify equipment that will be
purchased,leased,or rented. Quantity Cost by Unit Subtotal
$ $
Total Equipment $0
G. Other Costs Quantity Cost by Unit Subtotal
Confidential Funds 1 $ $10667
ICCIU Registration Fee 4 $395 $1,580
CNOA Registration Fee 2 $495 $990
CNCA Registration Fee 2 $375 $750
Total Other Costs $13,987
H.Indirect Costs Base Rate(%) Subtotal
$ $
Total Indirect Costs $0
TOTAL PROJECT COSTS $44,162
BUDGET EXPLANATION:
A. Salaries and Wages
= ($15,240.00)
All of the positions listed are on the task force on a part time basis. The hourly rate
listed is the average overtime hourly rate of each position. The Fiscal Officer rate
wasn't utilized in calculating the average overtime rate. However, her overtime is
minimal and will be deducted from the Administrative and Technical Bureau
overtime account.
Overtime will be utilized in furtherance of narcotics investigations for such activities
as confidential informant debriefings, controlled purchase and surveillance operations,
criminal investigations, interrogations/interviews, report writing, etc. It should be
noted the individual totals for the overtime was obtained bymultipl in the hourly_
rate by the number of hours for each respective rank.
B. Fringe Benefits
The composite fringe benefit rate is at % for (list positions). The rate
consists of the following fringe benefit items and computed rates:
N/A
C. Consultants/Contracts
N/A
D. Transportation and Subsistence
= ($14,935.00)
I.C.C.I.U. (Inter County Criminal Intelligence Unit) Conference= ($3,875.00)
4 officers to attend this conference which is held within the State of Hawai`i.
Conference covers issues from each county, state, and federally. Each county and
different law enforcement agencies exploits their problems and solutions. Conference
also focuses on investigative highlights from different law enforcement agencies
within the State of Hawai`i. The overall goal of this conference is to share
information regarding investigative techniques and methods, discuss new drugs trends
and establish networking connections to further future narcotics investigations.
Air Fare $250.00 x 4 ppl = $1,000.00
Per Diem $90.00/day x 4 ppl x 3 days = $1,080.00
Ground Transportation $65.00/day x 3 days = $195.00
Excess Lodging $100.00 x 4 ppl x 3 days = $1,200.00
Baggage Fee (roundtrip) $100.00 x 4 ppl = $400.00
$3,875.00
(The County of Hawaii travel policy allows $50.00 per day for lodging and $40.00
per day for meals both of which are included in the Per Diem. The County also
•
recognizes that lodging cost will exceed the $50.00/day therefore the county will
reimburse lodging exceeding the $50.00/day.)
California Narcotics Officers Association(CNOA) Conference/Training=
($5,530.00)
2 Officers to this annual conference/training. Conference/Training covers a wide
variety of topics to include proven investigative techniques, Clandestine Laboratory
investigations, Defense Attorney tactics,Narcotics Trafficking, Pharmaceutical
enforcement,Tactical Decision Making, Informant Management,just to name a few.
This conference offers a plethora of information crucial to conducting successful
narcotics investigations. These classes establish the foundation for new narcotics
officers and supervisors to be successful in their investigations and to keep new and
seasoned investigators and supervisors updated with new and current narcotics trends.
Air Fare $1053.00 x 2 ppl = $2,106.00
Per Diem $145.00/day x 2 ppl x 6 days = $1,740.00
Ground Transportation $70.00 x 2 ppl = $140.00
Airport Parking Fees $12.00 x 2 ppl x 6 days = $144.00
Excess Lodging $100.00 x 2 ppl x 6 days = $1,200.00
Baggage Fee (roundtrip) $100.00 x 2 = $ 200.00
$5,530.00
Ground transportation costs will be utilized for the two attendees to pay the airport
parking fees for their own vehicles (approximately $12.00 per day) and for roundtrip
shuttle services (approximately $35.00 one way) from/to the hotel/conference
location.
(The County of Hawaii travel policy allows $85.00 per day for lodging and $60.00
per day for meals both of which are included in the Per Diem. The County also
recognizes that lodging costs will exceed the $85.00/day therefore the county will
reimburse lodging exceeding the $85.00/day.)
California Narcotics Canine Association(CNCA) Conference/Training= ($5,530.00)
2 Officers to this annual Narcotic Canine conference/training. Conference/Training
covers a wide variety of topics instructed by experts who specialize in the field of
narcotic canines. Topics include Chemistry of Scent, Understanding the K9 Olfactory,
Smuggling Trends and Compartments,Narco Culture, Parcel Interdiction, Hidden
Compartments, K9 First Aid, and Narcotic Detection Update,just to name a few. This
conference offers a plethora of information crucial necessary for Narcotic Canine
Handlers to be successful as they deploy narcotic canines while conducting narcotics
investigations. These classes are beneficial to new and seasoned Narcotic Canine
Handlers and their supervisors to ensure successful investigations and to keep
attendees updated with new and current narcotics trends/issues relating to narcotic
canines.
Air Fare $1053.00 x 2 ppl = $2,106.00
Per Diem $145.00/day x 2 ppl x 6 days = $1,740.00
Ground Transportation $70.00 x 2 ppl = $140.00
Airport Parking Fees $12.00 x 2 ppl x 6 days = $144.00
Excess Lodging $100.00 x 2 ppl x 6 days = $1,200.00
Baggage Fee (roundtrip) $100.00 x 2 = $ 200.00
$5,530.00
Ground transportation costs will be utilized for the two attendees to pay the airport
parking fees for their own vehicles (approximately $12.00 per day) and for roundtrip
shuttle services (approximately $35.00 one way) from/to the hotel/conference
location.
(The County of Hawaii_travel policy allows$85.00 per day for-lodging_and$60,00per day for meals both of which are included in the Per Diem. The County also
recognizes that lodging costs will exceed the $85.00/day therefore the county will
reimburse lodging exceeding the $85.00/day.
E. Office Supplies
N/A
F. Equipment
N/A
G. Other Costs
($13,987.00)
Confidential Funds= ($10,667.00)
Confidential Funds will be used to purchase evidence, information, and/or services
relating to the investigations of drug trafficking organizations in the County and State
of Hawaii. Crystal methamphetamine continues to be the most popular illegal drug of
choice with prices varying from $2,500.00 up to $3,500.00 for an ounce of crystal
methamphetamine. Heroin remains available with prices varying from $2,800.00 up
to $3,000.00 for a"piece" (23 grams) and $3,500.00 for an ounce (28 grams).
Diverted prescription pills are also gaining in popularity with Hydrocodone,
Oxycodone, and Methadone,being the most recovered prescription pills.These
diverted prescription pills range in prices from $10.00 to $20.00 per pill depending on
the availability.
ICCIU Conference Registration Fee $395.00 x 4 ppl = $1,580.00
CNOA Conference Registration Fee $495.00 x 2 ppl = $990.00
CNCA Conference Registration Fee $375.00 x 2 ppl = $750.00
H. Indirect Costs
N/A
IV. Attachments
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency,that:
1. This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System
Improvement Formula Grant Program established under Title VI,Subtitle C,Part E, Subpart 1,of the
Anti-Drug Abuse Act of 1988 (Public Law 100-690).
2. Any grant awarded pursuant to this application shall be subject to and will be administered in
conformity with:
(a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI, Subtitle C,Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
funds.
SUBMITTED BY:
DEC - Z 2016
Signature: '4,941 -,vv Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 06/02
IU.S. DEPARTMENT OF JUSTICE
(f1.1.)
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
•
Certification Regarding
Debarment, Suspension, ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This-certification le-required-by-the-Tegulations-lmptementIng er12549-Debarmen d
Suspension,28 CFR Part 87,Section 87.510, Participants'responsibilities.The regulations were published
as Part VII of the May 28, 1988 Federal Register(pages 1918019211).
(BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor its
principals are 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 certifi-
cation,such prospective participant shall attach an explanation to this proposal.
Harry Kubojiri, Chief of Police
Name and tie of Authorized Representative
DEC - 2 2016
Signature Date
Hawaii Police Department
Name of Organization •
349 Kapiolani Street •
Address of Organization •
Hilo, Hawaii 96720
OJP FORM 406111(REV.2189)PIWOOUSI sditlons ars obsolto.
•
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 circumatanne8.
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 thiss clause,have the meanings set out In the Definitions and Coverage
sections of rules implementing Executive.Order 12549. •
The prospective!warder 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 transac$on
originated.
8. The prospective lower tier participant further agrees by submitting this proposal'that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
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 check
the Nonprocurement Ust.
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 ihis 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 voluntary 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.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF JAG SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the financial and administrative requirements set forth in 2
C.F.R. Part 200 and the current edition of the Department of Justice (DOJ) Grants
Financial Guide.
Grantee agrees to comply with the applicable audit requirements of ..ER Part200 or_
OMB Circular A-133, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) are not
satisfactorily and promptly addressed as further described in the audit requirements and
current edition of the DOJ Grants Financial Guide.
2. Grantee shall comply with all reporting, data collection and evaluation requirements, as
prescribed by law and detailed by the BJA in program guidance for the Justice Assistance
Grant Program.
Grantee shall complete BJA-required reports on-line using the Performance Measurement
Tool (PMT). The on-line reporting system will require a username and password to log
on. The username and password will be provided by CPJAD after the contract is
executed. The PMT web address is https://www.bjaperformancetools.org
The BJA reporting periods and due dates are:
• January 1 - March 31 Due: April 15
• April 1 —June 30 Due: July 15
• July 1 - September 30 Due: October 15
• October 1 - December 31 Due: January 15
3. Grantee shall submit a Semi-Annual Progress Report to the CPJAD every six (6) months
following the calendar year. The progress reports are to cover activities that the Grantee
has completed during that reporting period.
The semi-annual reporting periods and due dates are:
• January 1 - June 30 Due: July 15
• July 1 - December 31 Due: January 15
AG/CPJAD#26 FY 2015 JAG Special Conditions(revised 2/2016) 1
A Final Progress report is due 30 days after the project end date and should report
cumulatively on the entire project period. The appropriate report form will be provided
to each project by CPJAD (AG/CPJAD #20). The report shall contain information
describing progress, accomplishments, activities, changes, and problems during the report
period and any additional information specified by the CPJAD.
4. Funds Subcontracted to Faith Based Organizations
Grantee shall 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 Treatment Regulation"). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of funding may not be used to
fund any inherently religious activities, such as worship,religious instruction, or
proselytization. Recipients of grants may still engage in inherently religious activities, but
such activities 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 a sub-grantee must be voluntary. The Equal Treatment Regulation also makes
clear that organizations participating in programs funded by the Department of Justice are
not 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-based
organizations may, in some circumstances, consider religion as a basis for employment.
See http://www.ojp.gov/about/ocr/equal_fbo.htm.
5. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall 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 the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving grant funds. 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 information in English and Spanish): (800) 869-4499, or
Hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
AG/CPJAD#26 FY 2015 JAG Special Conditions(revised 2/2016) 2
6. Federal Leadership on Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the CPJAD encourages Grantees
and Sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by this grant, and
to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
7. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable laws, regulations, policies, and guidance
(including specific cost limits prior approval and reporting requirements where_
applicable) governing the use of federal funds for expenses related to conferences,
meetings, trainings, and other events. Information on pertinent laws, regulations,
policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Sub-grantees, available at
http://www.o j p.usdo j.gov/funding/oj ptrainingguidingprinciples.htm
8. Information Technology Compliance
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for
law enforcement information sharing systems which involve interstate connectivity
between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the 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.
Grantee agrees that—(a)No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging
of pornography, and(b)Nothing in subsection(a) limits the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency or any other entity carrying
out criminal investigations, prosecution, or adjudication activities.
9. Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this CPJAD award, and those award funds have been,
AG/CPJAD#26 FY 2015 JAG Special Conditions(revised 2/2016) 3
•
are being, or are to be used, in whole or in part, for one or more of the identical cost items
for which funds are being provided under this CPJAD award, the Grantee will promptly
notify, in writing,the assigned Criminal Justice Planning Specialist for this CPJAD
award, and, if so requested by CPJAD, seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding.
10. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters
No Grantee or subgrantee under this award, or entity that receives a contract or
subcontract with any funds under this award, may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict,the reporting(in accordance with law) of
waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
11. Integrity and Leadership Online Training for Task Force Projects
Grantee agrees that within 60 days of award for any law enforcement task force receiving
these funds, the task force commander, agency executive,task force officers, and other
task force members of equivalent rank, will complete required online (internet-based)
task force training to be provided free of charge through the BJA's Center for Task Force
Integrity and Leadership (www.ctfli.org). This training will address task force
performance measurement,personnel selection, and task force oversight and
accountability. When BJA funding supports a task force, a task force personnel roster
should be compiled and maintained, along with course completion certificates, by the
Grantee. Additional information will be provided by BJA regarding required training and
access methods via BJA's web site and Center for Task Force Integrity and Leadership.
SUBMITTED BY:
DEC - 2 2016
Signature: ^u/4 Aft. Date:
Name: Harry S.Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#26 FY 2015 JAG Special Conditions(revised 2/2016) 4
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read all of the conditions for confidential funds as set forth in the
effective edition of Office of Justice Program's Financial Guide, and I agree to abide by all the
conditions for confidential funds as set forth in the manual.
--- f' WBY:—
DEC - 2 2016
Signature: ==ifi Date:
Name: Title:
Agency:
AG/CPJAD#18 05/09
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid,be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
DEC - 2 2016
Signature: =--ggrew Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department _
AG/CPJAD#3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs (OJP), Office for Civil Rights (OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance,the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the Hawaii Police Department (name of agency)
has non-discriminatioacom laint procedures which include: — —
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
Signature: •��� } 41111
� :► Date: DEC —2 2016
Name: Harry S. Kuboliri Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees and
contractors with the non-discrimination requirements of:
• The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in Office of Justice
Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women
funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or
national origin in Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R.
§42.101 et seq.)
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in
__ Office of-Justice Frograms,Office of Community Oriented Policing Services, and Office on Violence
Against Women funded programs or activities. (29 U.S.C. §794 and 28 C.F.R. §42.501 et seq.)
• Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of
race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42
U.S.C. §10604)
• Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of
disability in Office of Justice Programs, Office of Community Oriented Policing Services, and Office
on Violence Against Women funded programs or activities. (42 U.S.C. §12132 and 28 C.F.R. Pt. 35)
• Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence
Against Women funded training or educational programs. (20 U.S.C. §1681 and 28 C.F.R. Pt. 54)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence
Against Women funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R. §42.700 et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons.
• Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith-
based organizations.
• The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 §
3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on
the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual
orientation, or disability in any program or activity funded in whole or in part with funds made
available through VAWA or the Office on Violence Against Women. (42 U.S.C. § 13925(b)(13)).
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded
from participation in, be denied the benefits of, be subjected to discrimination under, or be denied
employment in connection with any program or activity funded in whole or in part with funds made
available under this title from the U.S. Department of Justice through the Department of the Attorney
General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination
regulations may result in the su.pension or termination of funding.
SUBMITTED BY:
DEC - 2 2016
Signature: Tami-!,f Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15 (revised 7/2015)
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three.
Recipient's Name:Hawaii Police Department I DUNS Number:613154335
Address:349 Kapiolani Street,Hilo,Hawaii 96720
Grant Title:Hawaii Narcotics Task Force I Grant Number:15-DJ-03 I Award Amount:44,162
Name and Title of Contact Person:Sherry D.Bird
Telephone Number:808-326-4646 ext 226 I E-Mail Address:sherry.bird@hawaiicounty.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply:
o Recipient has less than fifty employees. o Recipient is an Indian tribe. o Recipient is a medical institution.
o Recipient is a nonprofit organization. o Recipient is an educational institution. o Recipient is receiving an award less than$25,000.
I, [responsible official],
certify that [recipient] is
not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302.
[recipient]
will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of$25,000 or more,but less than$500,000, then the
recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R.§42,305):
I, [responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than
$500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs,U.S. Department of Justice. The EEOP is on file at the following office:
[organization],
[address2016 ].
_- ��! DEC -2
Print or Type Name and Title is ature Date
Section C—Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for
Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of$500,000 or more,then the recipient agency must
send an EEOP Utilization Report to the OCR for review.
I, [responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the
Office for Civil Rights, Office of Justice Programs,U.S.Department of Justice:
Print or Type Name and Title Signature Date
OMB Approval No. 1121-0340 Expiration Date:05/31/14
r
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP)for review, and implement an Equal Employment Opportunity Plan(EEOP). See 28 C.F.R. pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and
Delinquency Prevention(OJJDP), and the Office for Victims of Crime(OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements,please consult your grant award document,your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C, not all three.
The regulations exempt some recipients from all of the EEOP requirements: Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements,complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or
local government, an agency of state or local government, or a private business; and(2) have fifty or more employees;
and(3) have received a single grant award of$25,000 or more, but less than $500,000, may claim the limited exemption
from the submission requirement by completing Section B. In completing Section B, the recipient should note that the
EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and(3) have received a single grant award of$500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report(or in the process of submitting one)to the OCR, should complete Section C.
Submission Process
If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form
for each grant. Recipients should download the online Certification Form, have the appropriate official sign it,
electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOPForms(a�usdoj.gov. The document must have the following title: EEOP Certification. If you have questions about
completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs,
810 7th Street,NW, Washington,DC 20531 (Telephone: (202)307-0690 and TTY: (202)307-2027).
OMB Approval No. 1121-0340 Expiration Date:05/31/14
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to a collection
of information unless it displays a current valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood,and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the
Office of Justice Programs, 810 7th Street,N.W.,Washington,D.C.20531.