HomeMy WebLinkAboutCOM 0052.014 2016-2018 J/�tY,Os M,...
Harry Kim '�:rt •
Mayor '.�. Paul K. Ferreira
��`�l'�i Police Chief
.,���
................ Kenneth Bugado Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawai'i 96720-3998
(808)935-3311 • Fax(808)961-8865
DATE: March 7, 2018
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TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND .
COUNCIL MEMBERS --;
VIA: OS. '+�CSNTROLLER -71
FROM: PAUL K. FERREIRA, POLICE CHIEF =: = : .
—
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1)
Name of Grant Program: Statewide Multi-Jurisdictional Drug Task Force
Grantor: Department of the Attorney General, State of Hawaii
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 16-DJ-01
Amount of Grant: $45,334.00
Amount of County Match:
County Revenue & Expenditure Account Numbers: 010.201.5216.56:3305.97
Grant Period (Commencement& Completion): January 1, 2018 to December 31, 2018
Purpose of Grant: To reduce drug threats and drug related crimes and
incorporating multi-agency collaboration (SMDTF).
Is final report required by grantor? x Yes f]No
Notification attached: x Yes I I No, because
Comm. No. Ca— I f
Ref. To:
Ref. Dote MAR 12 2013
"Hawai'i County is an Equal Opportunity Provider and Employer"
-/
Project Number 16-DJ-01
CONTRACT
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2018 , 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
thereinafter "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.09/2017)
rt
(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 respective implementing regulations, contained
in the Edward Byrne Memorial Justice Assistance Grant (JAG)
State Solicitation, and the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in 2 C. F.R. Part 200, as
adopted and supplemented by the Department of Justice in 2
C. F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") , and has applied to Agency for receipt, of the
same as a subgrantee;
2 (Rev.09/2017)
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 requested federal funds
appropriately;
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
3 (Rev.09/2017)
"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' s Uniform Guidance and the effective
edition of the Department of Justice Programs' financial manual
entitled "DOJ Grants Financial Guide. "
B. TERM OF CONTRACT.
A
This Contract shall be in effect for the period
from January 1, 2018 to and including December 31,
2018 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, Part 200 Uniform Requirements, and
the effective edition of the "DOJ Grants Financial Guide. "
2. Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
4 (Rev.09/2017)
and local government which in any way affect its performance
under this Contract.
3. Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Part. 200 Uniform Requirements.
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
5 (Rev.09/2017)
that it is aware that such false certification or violation of
the requirements contained in the Drug-Free Workplace
Certification shall subject the State of Hawaii to government-
wide suspension or debarment, or other sanctions which, in turn,
shall result in the withdrawal w 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
6 (Rev.09/2017)
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.
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
g g
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
7 (Rev.09/2017)
Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 which prohibit discrimination in
employment and in the delivery of services or benefits based on
disability; Title IX of the Education Amendments of 1972 which
prohibits discrimination on the basis of sex in training or
educational programs; 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. E. 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 other neighborhood
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 .
8 (Rev.09/2017)
10 . Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately and
properly reflect all direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract. Grantee shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits at all reasonable times by Agency •or the
United States Department of Justice. In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Bureau of Justice Assistance may
require. Grantee shall submit quarterly financial reports
fifteen (15) calendar days after the end of each calendar
quarter. Grantee shall submit monthly requests 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.
9 (Rev.09/20 17)
R •
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
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
10 (Rev.09/2017)
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
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
11 (Rev.0912017)
implementing rules are complied with by the subcontractor. All
subcontracts shall include provisions to ensure that Grantee is
capable of satisfying the requirements of this Contract . All
subcontracts shall be reduced to writing and shall include all
provisions of this Contract required of Grantee.
F. SERVICES AS INDEPENDENT CONTRACTOR.
1. In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency' s opinion, the work is being
performed by Grantee in accordance with the provisions of this
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
12 (Rev.09/2017)
employment with the State of Hawaii and shall not entitle
Grantee's agents and employees to vacation, sick leave,
retirement, or other benefits directly afforded state employees
by statutes . Grantee shall be responsible for payment of all
applicable federal, state, and county fees which may become due
and owing by the Grantee by reason of the Contract, including
but not limited to (i) income taxes, (ii) employment related
fees, assessments and taxes and (iii) general excise taxes. The
Grantee also is responsible for obtaining all licenses, permits
and certificates that may be required in order to perform this
Contract.
2. This section shall not be 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-
five thousand three hundred thirty-four and 00/100 dollars
($45, 334 . 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,
13 (Rev.09/2017)
taxes, and other incidentals and operating expenses which it
incurs or may incur in connection with this Contract.
2. It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
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
14 (Rev.09/2017)
• r
applicable to payments out of the Treasury of the State of
Hawaii.
c. If an amount ofreported expenditures
is preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the
next payable installment and may withhold payment of the amount
of the moneys equivalent to the questioned expenditures until
later resolution of the discrepancy by audit or other means .
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
Agency notwithstanding Agency' s preliminary determination of
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
15 (Rev.09/2017)
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
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 the
State of Hawaii, Agency, and their officers, agents, and
employees to the extent permitted by law, and it is understood
that payment is subject to approval by the county council/or
city council, as the case may be.
J. CONFIDENTIAL MATERIAL.
16 (Rev.09/2017)
L. S
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
research/statistical data. All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. 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, lor development
produced in whole or in part with funds made available under
ti
17 (Rev.09/2017)
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. To. the extent that any
material, summary, report, map, chart, graph, table, study, or
other documents, or discovery, invention, or development under
this Contract is not recognized as a "work made for hire" as a
matter of law, Grantee hereby assigns to the Agency any and all
copyrights in and to the material.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or
Ii
change to this Contract other than to the "Application For
Grant" (attached hereto as part of Exhibit "A") or to the period
during which this Contract is in effect in Section B, including
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted by this Contract shall be
made by written supplemental agreement to this Contract and
executed by Grantee and the Attorney General or the Attorney
General ' s designee. Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
and Justice Assistance Division on Agency' s behalf, and made by
substituting or inserting the revisions in Exhibit "A. "
18 (Rev.09/2017)
Modifications, alterations or changes to theperiod duringwhich
g
this Contract is in effect may be requested in writing by
Grantee or Agency, up to forty-five (45) days before the
Contract would otherwise terminate, and shall be effective as of
the date approved by the Administrator of the Crime Prevention
and Justice Assistance Division (if requested by Grantee) or
Grantee (if requested by Agency) and made by attaching a party' s
written request with the other party' s written approval thereon
to this Contract . No oral modification, alteration, amendment,
change, or extension of any term, provision or condition of this
Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
N. TERMINATION OF CONTRACT.
1 . If, for any cause, Grantee refuses or fails
to satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
19 (Rev.09/2017)
•
$
opportunity to cure any such default, fails to take satisfactory
c Agency
action within the time specified by Agency, g enc
y
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 Granteein which the
Agency has an interest .
2. Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving
written notice to Grantee of such termination at least thirty
(30) calendar days before the effective date of such
termination.
3. In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency,
become Agency' s property and, together with all information,
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be delivered and
20 (Rev.09/2017)
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
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.
21 (Rev.09/2017)
4
P. DISPUTES; GOVERNING LAW; VENUE.
Anydispute concerninga matter of fact arising
P
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the 'Attorney General, or the Attorney General 's duly
designated, representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency's request. The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. `Except as
otherwise provided in this Section, any action to enforce this
Contract or for breach of this Contract shall be brought only in
a State court of competent jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may imposedupon u on Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall beattached hereto and
thereby incorporated herein.
22 (Rev.09/2017)
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 Generai, State of Hawaii
Print NameEm= ftuissell A. Suzuki
First-419V'
Acting Attorney General
Date 3
HAWAII POLICE DEPARTMENT
COUNTY OF H WAII-("G ANTEE")
BY
Print Nam
TitiAl6yor
Date
APPROVED AS TO FORM AND APPROVAL RECOMMENDED
LEGALITY
By c--110"tlnA .
Bv •
Print Name AJAAI-.2111Print Name Paul Ferreira
Title Corporation Counsel Title Chief of Police
Date q-2-11701g Date DEC 11 2017
23 (Rev. 09/2017)
' l
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A. PROJECT TITLE: Statewide Multi-Jurisdictional Drug Task Force(SMDTF)
B. APPLICANT AGENCY: Hawaii Police Department
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: 0 Yes ® No DUNS No. 613154335
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 349 Kapiolani St. City Hilo Zip 96720
PRIMARY PLACE OF
F. PERFORMANCE: City Hilo State HI Zip+4 digits 96720-
G. PROJECT PERIOD: From January 12018 To December 312018
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 0 Continuation El
K. TOTAL PROJECT AMOUNT: $ 45,334
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ® No 0 If Yes,then provide name of
source and the amount of funds that is being sought: Source HIDTA Amount$
M. PROJECT DIRECTOR
Name: Reed Mahuna Title: Lieutenant
Address: 349 Kapiolani St.,Hilo,HI 96720
Telephone: 808-961-2253 Fax: (808)327-3651
E-Mail: Royce.Serrao@hawaiicounty.gov
N. FINANCIAL OFFICER
Name: Raynette Fukui Title: Accountant III
Address: 349 Kapiolani St.,Hilo,HI 96720
Telephone: (808)961-2274 Fax: (808)961-2359
E-Mail: Raynette.Fukui@hawaiicounty.gov
FOR CPJAD USE
Date received: (O\ L Co 1_"1 l Project Number. j — 0-3^ Q I
EXHIBIT A
AG/CPJAD#1 (Rev 05/15/2017)
1
APPLICATION FOR FY 2016 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 states 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 Big 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
AG/CPJAD#1 (Rev 05/12/2016)
black tar 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 and Hawaii County is included in this trend. The Hawaii 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
of drug trafficking continuously change, it is imperative that law enforcement personnel
AG/CPJAD NI (Rev 05/12/2016)
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 task force previously referred to as the Hawai'i Narcotics
Task Force(HNTF) has proven to be successful in combating these Drug Trafficking
Organizations in the State of Hawaii. It is imperative the collaborative efforts of the task
force be continued in order to maximize the available resources already in place and to
further future narcotics investigations.
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
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 2016,Task Force Officers assigned to the Hawaii County Police
Department have recovered over$1,172,080.00 street value of crystal methamphetamine,
$17,990.00 of cocaine, and $194,850.00 in black tar heroin, resulting in over 1.3 million
dollars' worth of illegal narcotics seized in Hawaii County alone.
These seizures have resulted in the initiation of 1,711 drug related investigations, the
seizure of 23 firearms, the disruption of 4 identified drug trafficking organizations.
During these investigations the Hawai'i Police Department seized 25.8 pounds of crystal
methamphetamine, 179 grams of cocaine, 649.5 grams of heroin, and 477 diverted
pharmaceutical pills. In addition, numerous assets valued in excess of$164,111 such as
vehicles and currency related to narcotics investigations,were seized for forfeiture during
this time.
Funding for the previous task force named the Hawaii Narcotics Task Force and the
partnership between the participating and partner agencies have resulted in successful
investigations in calendar year 2016, some of which are summarized below:
Task Force Officers working in collaboration with the DEA, Honolulu Pharmaceutical
AG/CHAD#1 (Rev 05/1212016)
Diversion Section investigated an employee,41-year-old female of a local Doctor who
was fraudulently issuing prescriptions for scheduled narcotics to three individuals. Those
individuals would then fill said fraudulent prescriptions and provide employee with a
portion of the received prescription pills.The suspects fraudulently obtained and
distributed in excess of 2,000 prescription narcotics over the course of 10 months. Task
Force Officers arrested and charged three suspects for Prohibited Acts, Promoting
Dangerous Drugs 1, Promoting Dangerous Drugs 2, Identity Theft 1, Forgery, and
Falsifying Business Records.
Task Force Officers assisted the Honolulu Airport Task Force/DEA and Postal Inspectors
with a controlled delivery after a parcel was incepted containing 5 pounds of
methamphetamine destined for an address in the Waikoloa area. The 23-year-old male
who accepted the package was arrested for Meth Trafficking 1 and investigation
completed by Drug Enforcement Administration.
Task Force Officers conducted an investigation on a 52-year-old male who is a known
g
methamphetamine distributor. Officers located the 52-year-old male within his vehicle
with another 50 year-old male also known to distribute methamphetamine. Officers
observed a methamphetamine smoking pipe upon contact. The vehicle was recovered
and search warrant drafted and served on the vehicle. Upon execution of a search
warrant on the vehicle, officers recovered 60.4 grams of crystal methamphetamine, 15.5
grams of cocaine, 14.5 grams of heroin, drug paraphernalia, an unspent round of.32
caliber ammunition, and $4,174 in U.S. currency. The 52-year-old male was charged
with Methamphetamine Trafficking 1, Promoting Dangerous Drugs 1, Promoting a
Dangerous Drugs 2, Drug Paraphernalia, Place to Keep Ammunition, and Felon in
Possession. The 50-year-old male was charged with Promoting Dangerous Drugs 3,
Promoting Detrimental Drugs 3, and Drug Paraphernalia.
Task Force Officers located an incoming suspicious parcel at a parcel shipping business
facility destined for a suspect in Kailua, Kona.The package originated from California
and was destined for a Kailua-Kona address. Officers drafted and executed a search
warrant on the parcel resulting in the recovery of 6.1 pounds of methamphetamine. This
is a joint investigation with the FBI which involve suspects locally and in the continental
United States.
Task Force Officers received information that 30 year-old male was in possession of a
firearm and methamphetamine and was traveling in a vehicle in Kona town. Task Force
Officers located the vehicle being operated by a 41 year-old female and the 30 year old
, male was a passenger. A narcotic canine displayed a positive alert on the vehicle.
Officers recovered 14.8 grams of methamphetamine, numerous clean zip packs, digital
weighing scale with crystalline residue, zip packet with brown tar like substance(heroin),
22 caliber pistol with a loaded magazine,glass smoking pipe with crystalline residue,
angle cut straw with crystalline residue, two Alprazolam pills, 12 Dilaudid pills, and
$720.00in US currency(seized for forfeiture). The 30 year-old-male and 41 year-old
female were arrested for Methamphetamine Trafficking 1st,Promoting Dangerous Drugs
3rd, Promoting Harmful Drugs 3rd, Drug Paraphernalia, and several firearms offenses.
AG/CPJAD#1 (Rev 05/12/2016)
Task Force Officers received information that a 31 year-old male of San Diego was a
heroin supplier who was staying at a local Hotel. Officers determined the vehicle being
driven by a 31 year-old male was stolen and placed him under arrest. Upon conducting a
pat-down of the 31 year old male,officers recovered a loaded syringe, 5.8 grams of
heroin and 2.6 grams of methamphetamine on his person. A narcotic canine displayed a
positivealerton the vehicle and,officers obtained search warrants for the vehicle and the
31 year old male's hotel room. Upon execution of the search warrants,officers recovered
a.410 shotgun, numerous .410 ammunition, 2 zip packets of methamphetamine(3.7
grams and 3.9 grams), a spoon with heroin tar, several syringes, and drug paraphernalia.
M-31 was charged for Unauthorized Control of a Propelled Vehicle,Promoting
Dangerous Drugs 2, Promoting Dangerous Drugs 3, Drug Paraphernalia, and firearms
offenses. Officers learned that the 31 year-old male was responsible for orchestrating the
importation of heroin to the Big Island.
These investigations are representative of the partnership of resources and information
gained from the previous task force project named Hawai'i Narcotics Task Force(HNTF)
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 SMDTF is to disrupt the flow of drugs through the coordination of
operations,drug seizures, and the sharing of information,personnel, and resources. The
purpose is to reduce drug availability, drug crime, and drug use.The apprehension of mid
to high level distributors importing and distributing illegal narcotics into and within the
State of Hawaii will be of high priority.
Objective 1: Ensure law enforcement agencies in different jurisdictions work together as
a single enforcement entity with the ability to improve communication, share
intelligence, and coordinate activities through a MOU.
Objective 2: Increase support personnel to assist other law enforcement agencies in the
State of Hawaii during narcotic investigations as the need arises. Task force members
will attend meetings to collaborate resources pertaining to narcotic investigations, and
interdictions.
Objective 3: Increase the ability to complete operations across Hawaii by participating in
joint task force missions as needed.
Objective 4: Increase the knowledge of vice officers by providing 3 specialized 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 safety, and State/Federal
laws that impact the task force.
Objective 5: Decrease the number of narcotic related criminals on the street by making a
AGICPJAD#1 (Rev 0511212016)
minimum of 400 narcotics related arrests.
Objective 6: Increase the drug seizures related intelligence by completing 750 new
investigations.
Objective 7: Decrease the number of drug trafficking organizations in the community by
disrupting 4 and/or dismantling 4 DTOs.
Objective 8: Increase the parcel related intelligence by completing 50 new parcel
investigations.
Objective 9: Reduce the number of drugs on the street by seizing a minimum of 500
grams of cocaine, 1800 grams of crystal methamphetamine, 50 grams of heroin,and 500
diverted pharmaceutical pills.
Objective 10: Reduce the number of drug assets on the street by seizing weapons,
vehicles,and U.S. currency as applicable.
Objective 11: Increase the knowledge of community members/groups by giving at least
12 presentations in drug demand reduction presentations at schools and in the
community.
C. PROJECT ACTIVITIES
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 at each department. The joint task force personnel from the Hawaii Police
Department, Honolulu Police Department, Maui Police Department, Kauai Police
Department,and the Department of Public Safety—Narcotics Enforcement Division will
continue to communicate through face-to-face meetings, telephone, and/or email as
appropriate. 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. These joint task force operations and missions will be coordinated by the
respective Vice Division Commander at either the quarterly 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.
3. The task force will direct their investigative efforts towards identifying and
arresting those mid to high level individuals involved in narcotics related offenses.
Personnel will accomplish this by using traditional, as well as new and innovative
AG/CPJAD#1 (Rev 05/12/2016)
investigative methods and by cultivating,managing, and directing confidential
informants and/or undercover officers to conduct certain activities in furtherance of
narcotics investigations.
4. 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 to the narcotics trends seen in
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.It is 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
thisconference 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.
5. The task force will direct their investigative efforts towards identifying and
disrupting and/or dismantling drug trafficking organizations. Arresting and prosecuting
mid-level dealers, high-level dealers, traffickers and Drug Trafficking Organizations
(DTO's)will be the priority of the task force. Low-level dealers will sometimes be
targeted in hopes of utilizing them and their information to infiltrate the upper-level
dealers,traffickers and DTO's. Personnel will accomplish this by using traditional, as
well as new and innovative, investigative methods and by cultivating,managing, and
AG/CPJAD#1 (Rev 05/12/2016)
directing confidential informants and/or undercover officers to conduct certain activities
in furtherance of narcotics investigations.
6. Task force members will direct their investigative efforts towards recovering
illegal narcotics to include but not limited to cocaine,crystal methamphetamine, heroin,
and diverted pharmaceutical pills.
7. Investigative efforts will be directed towards 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. When available, we will provide other agencies with
undercover police officer(s) for short or long term investigative efforts.
8. This is a multi jurisdictional task force represents a coordinated effort involving
county police departments along with state and federal law enforcement agencies.
Funding will allow the SMDTF to continue to conduct surveillance and covert operations
to interdict drugs, arrest drug dealers and couriers, seize monetary assets and property
gained from the sale of narcotics. Funding will allow for continuedintelligence 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.
9. 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.
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.
AG/CPJAD 01 (Rev 05/1212016)
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.
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 Project Director for the Hawaii Police Department 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. Royce Serrao,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 Eric Reyes
Detective Brian Miller Officer Kyle Hirayama
Officer Patrick Aurello Officer Edward Lewis
Officer Matthew Bartz Officer Kimmerlyn Makuakane-Jarrell
Officer Donovan Kohara Officer John McCarron
Officer Frank Mohica Officer Stephen Parker
Officer Zenas Pacheco Officer Marco Segobia
Officer Colin Pacheco
F. BRIEF PERSONNEL BIOGRAPHIES
Project Director. Lt. Reed Mahuna, a 18-year police veteran currently assigned as the
AG/CPJAD#1 (Rev 05112/2016)
Commander of the Area I 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:
Detective Zachary Fernando
Detective Ian Lee Loy
Detective George Makua
Detective Ernest Matsumoto
Detective Brian Miller
Officer Patrick Aurelio
Officer Matthew Bartz
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 Kyle Hirayama
Officer Edward Lewis
Officer Kimmerlyn Makuakane-Jarrell
Officer John McCarron
Officer Stephen Parker
Officer Marco Segobia
Officer Eric Reyes
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
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.
AG/CHAD#1 (Rev 05/12/2016)
3. The SMDTF is comprised of the following County agencies:
Hawaii Police Department
Maui Police Department
Honolulu 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
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:
AG/CPJAD 01 (Rev 05/1212016)
Information and Intelligence gathering(meetings)
1. The number of multijurisdietional task force meetings.
2. The number of referrals/resources from other counties.
3. The number of personnel dedicated to task force efforts. .
4. Copy of the MOU on file.
•
Specialized Training
5. The number of hours of specialized training.
6. The number of Officers completing specialized training.
Investigations
7. The nuinber-Of multijuriSdictional investigations.
8. The number of search warrants executed.
9. The number of undercover surveillance operations initiated.
10. The number of new investigations..
11. The number of closed investigations.
12. Tho number of persons arrested for drug related offenses.
13. The number of DTO's.disrupted.
14. The number of DTO's dismantled.
15. Number of joint task force.missions.
16. The number of investigations using a canine and results of the canine search.
17. The number Of parael investigations.
Drug Seizures
1.8. The number seizures.
19. The number ofmulti-jurisdictional seizures.
20. The type, quantity in grams, and value of thugs seized.
21. The number off weapons, number of vehicles, and U.S. currency seized.
Community drug Education and Awareness
22. The number of community trainings/presentations conducted to the community.
23. The number Of citizen participants.
The. Edward Byrne.Memorial Justice Assistance Grant (JIG) Performance Pleasures:
The Edward Byrne Memorial Ristice.Assistance Grant (JAG) requires grantees to report on
specific Performance Measures for project activities. Refer to https://ojosso.ojo.uov, to locate
the performance measures to be reported on for the Law Enforcement Program Module.
1, PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM ANI)
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
AG/CP.JAI)#1 (Rev 05/12/2016)
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 Statewide Multi-Jurisdictional Drug Task Force will provide the Hawaii Police
and apprehend mid to
necessaryto investigate
Department with the continued fundingpp
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 Statewide Multi-Jurisdictional Drug Task Force 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
flow of narcotics via the apprehension of mid-level to high-level disrupting the pp bh-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.
AG/CPJAD#1 (Rev 05/12/2016)
APPLICATION EORFY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A. Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal •
Detective/Sergeant 9 $46
Police Officer III 13 $42 S
No.of No,of
Position Title Positions Hourly Rate Hours Subtotal
,
Detective/Sergeant 9 $46 19 $7866
Police Officer III 12 $42 $6048
Total Salaries and Waves $13,914
B.Fringe Benefits Employee Benefits(0,
No.or-
Position Title Positions Monthly Rate Subtotal
No.of No.of
Position Title Positions Hourly Rate flours Subtotal
$ MIS
Total Fringe Benefits SO
C. Consultants/Contracts
Length of
Consultant/
Estimated •Coritruct
Scope of Consultant/Contract Cost Service Select as Appropriate
0 Consultiau 0 Contract
j Cotract
Itemize for mainland/interisland No.of No.of
airfare,ground transportation. Travelers as Days
rental car,per diem Unit Cost applicable Subtotal
'Fatal Consultants/Contracts $0
COST ELEMENT AMOUNT ,
AG/CHAD#1 (Rev 05/1212(116)
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 1000
Per Diem $90 4 3 1080
Ground Transportation $65 3 195
Excess Lodging $100 4 3 $1,200
Baggage Fee(roundtrip) $100 4 $400
CNOA Conference/Training $5,530
Airfare $1000 2 $2,000
Per Diem $145 2 6 $1,740
Ground Transportation $65 6 $390
Excess Lodging $100 2 6, $1,200
Baggage Fee(roundtrip) $100 2 $200
CNCA Conference/Training $5,530
Airfare $1000 2 $2,000
Per Diem $145 2 6 $1,740
Ground Transportation $65 6 $390
Excess Lodging $100 2 6 $1,200
Baggage Fee(roundtrip) $100 2 $200
Total Transportation and Subsistence $14,935
E.Office Supplies
Itemize supplies and related costs such Cost by Unit
asprinting,paper,binders,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 $ $13,055
ICCIU Registration Fee 4 395 $1,580
CNOA Registration Fee 2 $575 $1150
CNCA Registration Fee 2 $350 $700
Total Other Costs , $16,419
AG/CPJAD NI (Rev 05112/2016)
i
H.Indirect Costs Base Rate °
a e (/°) Subtotal
$ $
$ $
$ $
$ $
Total Indirect Costs $0
TOTAL PROJECT COSTS $45,334
AG/CPJAD#1 (Rev 05/12/2016)
BUDGET EXPLANATION:
A. Salaries and Wages
=($13,914.00)
All of the positions listed are on the task force on a part time basis. The hourly rate listed is
the average overtimee hourly rate of each
position. The Fiscal Officer cer 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 by multiplying 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 Hawaii. 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
AG/CPJAD#37 3/2016
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 $1000.00 x 2 ppl =$2,000.00
Per Diem $145.00/day x 2 ppl x 6 days =$1,740.00
Ground Transportation $65.00/day x 6 days =$390.00
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
(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 $1000.00 x 2 ppl =$2,000.00
Per Diem $145.00/day x 2 ppl x 6 days =$1,740.00
Ground Transportation $65.00/day x 6 days =$390.00
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
(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.)
E. Office Supplies
AG/CPJAD#37 3/2016
1 ;
N/A .
F. Equipment
N/A
G. Other Costs
Confidential Funds= ($13,055.00)
or
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
gams)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 $575.00 x 2 ppl = $1,150.00
CNCA Conference Registration Fee $350.00 x 2 ppl = $700.00
H. Indirect Costs
N/A
AG/CPJAD#37 3/2016
• .
't:s•
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:
I. 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-DrugAbuse Act of 1988 (Public Law 100-690 .
)
2. Anygrant awarded ppursuant to this application shall be subject to and will be administered in
PP J
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) anyspecial 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 B
Q �`. DEC 11 2017
Signature: ` Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 06/02
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 understands and agrees that CPJAD may withhold award funds, or may impose
other related requirements, if the Grantee does not satisfactorily and promptly address
outstanding issues from audits required by the Part 200 Uniform Requirements(or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of CPJAD awards.
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:/lwww.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
Any law enforcement agency receiving direct or sub-awarded JAG funding must submit
quarterly accountability metrics data related to training that officers have received on the
use of force, racial and ethnic bias, de-escalation of conflict, and constructive
engagement with the public.
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.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 1
The semi-annual reporting periods and due dates are:
■ January 1 - June 30 Due: July 15
■ July 1 - December 31 Due: January 15
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. 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
5. 41 U.S.C. 4712 (Including Prohibitions on Reprisal;Notice to Employees)
Grantee must comply with, and is subject to, all applicable provisions o f 41 U.S.C. 4712,
including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal
funds, an abuse of authority relating to a federal grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
grant.
Grantee also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 2
i 1
,
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.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.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.
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,
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.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 3
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.
12. Prohibited Conduct Related to Trafficking in Persons
Grantee, and any subgrantee at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to
the trafficking of persons, whether on the part of Grantees, subgrantees,or individuals
defined (for purposes of this condition) as"employees"of the Grantee or of any
subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to
trafficking in persons are posted on the OJP web site at
http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by grantees and subgrantees related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)), and are
incorporated by reference here.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 4
•
13. General Appropriations-Law Restrictions
Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various"general provisions" in the Consolidated Appropriations Act,
2016, are set out at http://ojp.gov/funding/Explore/FY2016-
AppropriationsLawRestrictions.htm and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Grantee or
subgrantee would or might fall within the scope of an appropriations-law restriction, the
grantee is to contact CPJAD for guidance, and may not proceed without the express prior
written approval of CPJAD.
14. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination- 28 C.F.R. Part 38
' Grantee, and any subgrantee at any tier, must comply with all applicable requirements of
28 C.F.R. Part 38, specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28
C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief,a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules
and requirements that pertain to grantee and subgrantee organizations that engage in or
conduct explicitly religious activities, as well as rules and requirements that pertain to
grantees and subgrantees that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal
Regulations (currently accessible at http://www.ecfr.gov/cgi-bin/ECFR?page=browse),
by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR
"current"data.
SUBMITTED
DEC 11 2017
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 5
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement,criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
Signature:
Date:
DEC 11 2017
Name: Paul Ferreira 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
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 Programs, 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 suspension or termination of funding.
SUBMITTED BY:
�7 Kr. 1Y2017
Signature: - � Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15 (revised 7/2015)
O
.
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-discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Paul K. Ferreira Chief of Police 808-9612244
Name Title Phone
(2) a procedure to ensure that beneficiaries or employee's 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: ! Date: - DEC Y 1 2017
Name: Paul Ferreira Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
.
U.S. DEPARTMENT OF JUSTICE
'•' OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
>
This certification is required by the regulations implementing Executive Order 12549,Debarment and
Suspension, 28 CFR Part 67,Section 67.510, Participants'responsibilities.The regulations were published as Part VII of
the May 26, 1988 Federal Register(pages 19160-19211).
(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 of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
Paul Ferreira, Chief of Police
Name and Title of Authorized Representative
Q , - DEC 11 2017
e.-
Signature Date
Hawaii Police Department
Name of Organization
349 Kapiolani Street
Address of Organization
Hilo, Hawaii 96720
OJP FORM 4061/1 (REV.2/89)Previous editions are obsolete
•
•�
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," `lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily,
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
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 List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
reports in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or 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.
t •
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 R or Section C, not all three. If recipient
completes Section A or C and sub grants a single award over 5500,000, in addition,please complete Section D.
Recipient's Name:Hawaii Police Department
Address:349 Kapiolani Street,Hilo,Hawaii 96720
Is agency a; o Direct or■ Sub recipient of OJP,OVW or COPS funding? I Law Enforcement Agency?g Yes o No
DUNS Number:613154335 Vendor Number(only if direct recipient)
Name and Title of Contact Person:Reynolds Kahalewai,Project Director
Telephone Number:808-326-4646 x 226 E-Mail Address:Raynold.Kahalewai@hawaiicounty.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply
o Less than fifty employees. a Indian Tribe o Medical Institution.
❑Nonprofit Organization a Educational institution a Receiving a single award(s)less than$25.000.
[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.
1 further certify that [recipient]
will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
If recipient sub-grants a single award over S500,000,in addition,please complete Section D
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 lies fifty or more employees and is receiving a single award or,subaward.ofS 25,000 or more,but less than S500,000.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. Paul K.Ferreira,Chief of Police [responsible
official], certify that Hawaii Police Department
[recipient],which has fifty or more employees and is receiving a single award or subaward for 525,000 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 Iaw,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:
Hawaii Police Department
[organization],
349 Kapiolani Street,Hilo Hawaii96720
[address].
DEC 11201?
Paul K.Ferreira,Chief of Police ,
Print or Type Name and Title Signature Date
Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil
Rights for Review
!fa recipient agency has fifty or more employees and is receiving a single award,or subaward,of S500,000 or more,then the recipient agency
must send an EEOP Short Form 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.
If recipient sub-grants a single award over S500,000, in addition,please complete Section D
Print or Type Name and Title Signature Date
Section D—Declaration Stating that Recipient Subawards a Single Award Over$500,000
!f a recipient agency.subawards a single award ofSS00,000 or more then the granting agency should provide a list;including.name,address
and DIMS II of each such sub-recipient.
Sub-Recipient Agency Name/Address Sub-Recipient DUNS Number
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If additional space in necessary,please duplicate this page.
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ON13Control No. 1121-0340 Expiration Date: 12!31/2015