HomeMy WebLinkAboutCOM 0017.012 2018-2020 Harry Kim Paul K. Ferreira
dlavor Police Chief
qrE GF•H►•7
Kenneth Bugado Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,HaNvai'i 96720-3998
(808)935-3311 Fax(808)961-8865
DATE: June 13, 2019 —i
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS
VIA: KA ONTROLLER
FROM: PAUL K. FERREIRA, POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, 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): 17-DJ-01
Amount of Grant: $41,613.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.56:3309.57
Grant Period (Commencement & Completion): March 1, 2019 to December 31, 2019
Purpose of Grant: To reduce drug threats and drug related crimes and
incorporating multi-agency collaboration (SMDTF).
Is final report required by grantor? Yes ❑ No
Notification attached: Yes ❑ No, because
Comm. No. I1•I�
"HaNvai'i County is an Equal Opportunity Provider and Employer"
Ref. To:
Ref. nate JUN 2 8 2019
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DAVID Y.IGE ' 1 ` - ' CLARE E.CONNORS
GOVERNOR _ I,. T¢ ATTORNEY GENFRAI.
�t IZ' � DANA O.VIOLA
«... FIRST DEPUTY ATTORNEY GENERAL
STAT 6v WAAII « `
DEPARTMENT UF.THE ATTdRNEY GENERA}
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
235 S.BERE1'ANIA STREET,SUITE 401
HONOLULU,HAWAII 96813
(808)586-1150
ag.hawail.govkpja
June 3, 2019
The Honorable Paul Ferreira
Chief of Police
Hawaii Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
Dear Chief Ferreira:
Enclosed is the fully executed contract for the following project:
Project Number: 17-DJ-01
Title: Statewide Multi-Jurisdictional Drug Task Force
Project Period: 3/1/2019— 12/31/2019
Total Federal Amount: $41,613
You may begin to request funds for your project by submitting a completed Request for Funds
and Cash Balance Report (RFF) to our office. If you have any questions, please contact Dawn
Martin at 586-1164.
4
Sincerely,
Com``
Julie Ebato
Administrator
Enclosure
C: CPJAD Fiscal Office
Reynold Kahalewai
Hauoli Aiona
L '
Project Number 17-DJ_01
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of March 1, 2019, 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
f
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S . C. 3711 et seq. , as amended
(hereinafter "Act" ) , was enacted to make grants to states and units
of 1_ocal 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)
a
( 3) Prevention and education programs .
(4 ) Corrections and community corrections programs .
(S) 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
2300 (together, the "Part 200 Uniform Requirements") , and has
applied to Agency for receipt of the same as a subgrantee;
WHEREAS, Agency has reviewed Grantee' s application for
funds, and is satisfied that all of the requirements of the Act.
2 (Rev,09/2017)
F 3
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 "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
3 (Rev, 09/2017)
. .
' . ^
'
of the federal Office, of Management and Budget' s Uniform Guidance
and the effective edition of the Department of Justice Programs '
finanoial manual entitled "DOJ Grants Financial Guide. "
B^ TERM OF CONTRACT. ^'
This Contract shall be in effect for the period
f rorit March 1, 2019 to and including December 31 2019 ___
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 REQUIREMENTSCONDITIONS .
I . 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 arid local
government which in any way affect its performance under this
Contract .
3 . Grantee shall provide for an independent audir
of its activities on a periodic basis in accordance with Part 200
Uniform Requirements .
4 (Rev, 09/2017)
4 . Prior to, or concurrently with the execution
of. this Contract, if so required by Agency, Grantee shall complete,
execute and submit to Agency a Certification Regarding Drug-Free
Workplace Requirements which meets the requirements of the Drug-
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D,
U . S .C. , Title 41, Chapter 10, §702) , hereinafter referred to as
the "Drug-Free Workplace Certification. " A copy of the [drug-Free
Workplace Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the representations
made in the Drug-Free Workplace Certification are true at the time
this Contract is executed and will remain true throughout the
entire term of this Contract and any extensions, and that Grantee
shall fulfill all the requirements set forth therein : Grantee ' s
execution and submission of a false Drug-Free Workplace
Certification, or Grantee ' s violation of any or all of the
.requirements set forth therein shall entitle Agency to suspend one
or more payments under this Contract, and/or terminate this
Contract pursuant to the provisions of Section N of this Contract .
Grantee warrants that .it is aware that such false certification or
violation of the requirements contained in the Drug-Free Workplace
Certification shall subject the State of Hawaii to government-wide
suspension or debarment, or other sanctions which, in turn, shall
result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
5 (Rev. 09/2017)
"
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 a_n Part IV of the
Application for Grant . Grantee covenants that the representations
made in the Non--Supplanting Certification are true at the time
this Contract is executed and will remain true throughout the
entire term of the Contract and any extensions, 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,
6 (Rev.09/2017)
hereinafter referred to as the "Lobbying Certification . " and any
subsequent disclosure forms required under Section 1352, Title 31-
U .
1U . S . C. A copy of the Lobbying Certification shall be included
in Part IV of the Application for Grant. Grantee covenants that
the representations made in the Lobbying Certification are true at
the time this Contract is executed and will remain true throughout.
the entire term of the Contract and any extensions, and that
Grantee shall fulfill any and all terms and conditions set forth
therein.
8 . Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968 which prohibits discrimination in employment
and in the delivery of services or benefits on the basis of race,
color, national origin, religion, or sex; Title VI of the Civil
Rights Act of 1964 which prohibits discrimination in the delivery
of services or benefits on the basis of race, color, or national
origin; Section 504 of the Rehabilitation Act of 1973 and Title II
of the Americans with Disabilities Act of 1990 which prohibit
discrimination in 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
7 (Rev.09/2017)
implementing the above-referenced statutes at 2.8 C. F. R. Part 42,
subpts . C, D, G, and I, 28 C. F. R. Part 35, and 28 C. E. R. Part 54 ;
Exec. Order No, 13279, 28 C. F. R. Part 38 (equal protection of the
laws for faith-based and other neighborhood organization-,,) ; 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 Devised Statutes; and all other applicable
federal and state laws, rules and regulations .
9 . Grantee assures Agency that if it is required
t.o formulate an Equal Employment Opportunity Program in accordance
with 28 C. F. R. 42 . 301 et sect. it will submit a certification to
Agency that a current program is on file .
10 . Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records, documents
and other evidence which sufficiently, accurately and 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
8 (Rev. 09/2017)
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 atter 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
Ju.-t.ice_. Assistance is closed.
11 . The final drawdown for funds must be received
by Agency within thirty (30) days after the date this Contract
terminates .
12 . Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
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 .
9 (Rev. 09/2017)
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 riill 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 Linder this Contract shall vest in Agency and such
personal property shall be delivered to the Agency in good working
order upon expiration or sooner termination of this Contract .
D. PERSONNEL.
1 . Grantee shall secure at its own expense all.
personnel required to perform the services required Linder this
Contract . All such personnel shall riot 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
assigned without the prior written approval of Agency.
E. SUBCONTRACTS.
10 (Rev. 09/2017)
Grantee may provide some or all of the services
required under this Contract by subcontract provided that Grantee
secures the prior written consent of Agency. In the event Grantee
enters into a subcontract with a private organization to perform
any of the services or activities required under this Contract ,
Grantee agrees that the period of each subcontract shall not exceed
the term of this Contract, and funds to the private organization
will not be released unless and until the requirements set forth
in applicable state law and implementing rules are complied with
by the subcontractor. All subcontracts shall include provisions
to ensure that Grantee is capable of satisfying the requirements
of this Contract . All subcontracts shall be reduced to writing
and shall include all provisions of this Contract required of
Grantee .
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
11 (Rev. 09/2017)
agents and employees and Grantee shall be responsible for the
accuracy, completeness, and adequacy of any and all work and
services performed by its agents and employees . Furthermore,
Grantee intentionally, voluntarily, and knowingly assumes the sole
and entire liability if such liability is determined to exist, to
its agents and employees or to third persons, for all loss, cost,
damage or injury caused by Grantee ' s agents and employees in the
course of their employment . The performance of work under this
Contract alone shall not be construed as employment with the State
of Hawaii and shall not entitle Grantee ' s agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes . Grantee shall be responsible
Lor payrrieriL 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 W 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 riot be applicable if
Grantee is an agency of the State of Hawaii.
G. COMPENSATION.
.1-2 (Rev. 09/2017)
I Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed Linder this Contract, a sum not to exceed forty-one
thousand six hundred thirteen and 00/1.00 dollars ($41, 613 . 00) to
be spent for the purposes of this Contract. This sum represents
any and all compensation to be paid to Grantee for any and all
services it provides, and for any and all travel costs, materials,
supplies, equipment, overhead, taxes, and other incidentals and
operating expenses which it incurs or may incur in connection with
this Contract .
2 . It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under
this Contract to be payable out of federal funds, this Contract
shall be construed to be an agreement to pay such portion to the
,Irantee 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 .
13 (Rev.09/2017)
{ I
I {
2 . Payments to Grantee under_ this Contract shall.
be made in accordance with and subject to the following provisions ;
a . Payments shall be made monthly upon
receipt of Grantee ' s completed request for funds .
b. All. payments shall be made in accordance
with and subject to Chapter 40, Hawaii Revised Statutes, which
specifies the accounting procedures and controls applicable to
payments out of. the Treasury of the State of Hawaii .
C. If an amount of reported expenditures is
preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the next
payable installment and may withhold payment of the amount of the
moneys equivalent to the questioned expenditures until 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
alIowab.i.lit y.
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
14 (Rev. 09/2017)
shall continue to provide the services, programs and activities
during the period that payments are being withheld.
T . INDEMNIFICATION.
1 . It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or omissions
of Grantee . Grantee shall indemnify and save harmless the State
of Hawaii, Agency, and their officers, agents, and employees from
and against any and all liability, loss, actions, claims, suits,
damages, costs or expenses, including all attorneys` :Fees, and all
claims, suits, and demands therefor, arising out of or resulting
from the acts or omissions of Grantee, its officers, employees,
agents, or subcontractors 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
15 (Rev. 09/2017)
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.
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 pr. .i.or
written approval of Agency. Grantee shall submit a completed
Privacy Certification for review and approval prior to the
expenditure of Rinds for the collection of identifiable
research/statisLical data . Al 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,
16 (Rev.09/20(7)
1 '
prepared, assembled, or conceived by the Grantee pursuant to this
Contract, and all such material shall be considered "works made
for hire . " No summary, report, map, chart, graph, table, study Or
other documents or discovery, invention, or development produced
in whole or in part with funds made available under this Contract
shall be the subject of an application for copyright or patent by
or on behalf of Grantee, its officers, agents, or its employees,
or its subcontractors without prior written authorization from
Agency. 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 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
17 (Rev. 04/?017)
s .
the "Application For Grant" may be requested by Grantee, approved
by the Administrator of the Crime Prevention and Justice Assistance
Division on Agency' s behalf, and made by substituting or inserting
the revisions in Exhibit "A. " Modifications, alterations or
changes to the period during which this Contract is in effect may
be requested in writing by Grantee or Agency, up to forty-five
(45) days before the Contract would otherwise terminate, and shall
be effective as of the date approved by the Administrator- of the
Crime Prevention and Justice Assistance Division (if requested by
Grantee) or Grantee ( if requested by Agency) and made by attaching
a party ' s written request with the other party' s written approval
thereon to this Contract . No oral modification, alteration,
amendment, change, or extension of any term, provision or condition
of this Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
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 obligation,,,-
18
bligations18 (Rev. 09/2017)
under this Contract or any extension thereof, or if Grantee-
breaches
ranteebreaches any of the promises, terms or conditions of this Contract
and, having been given reasonable notice of and opportunity to
cure any such default, fails to take satisfactory corrective action
within the time specified by Agency, Agency shall have the right
to terminate th..is Contract by giving written notice to Grantee of
such termination ten (10) calendar days before the effective date
of such termination . The Grantee shall continue performance of
the Contract to the extent it is not terminated. Notwithstanding
termination of the Contract, and subject to any directions from
the Agency, the Grantee shall take timely, reasonable, and
necessary action to protect and preserve property in the possession
of the Grantee in which the Agency has an interest .
2 . Furthermore, Agency may terminate this
Contract without statement of cause at any time by diving written
notice to Grantee of such termination at least t=hirty (30) calendar_
days before the effective elate 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, dara,
reports, records, maps, and other materials (if any) provided to
19 (Rev. 09/2017)
Grantee by Agency, shall be delivered and surrendered to Agency on
or before the effective date of termination.
4 . Grantee shall be entitled to receive only such
compensation as shall have been satisfactorily earned prior to the
effective date of termination. Agency shall determine the amount
of work satisfactorily completed and the amount of compensation
satisfactorily earned. If the termination is for cause, any other_
provisions to the contrary notwithstanding, Grantee shall not be
relieved of liability to Agency for damages sustained by Agency
because of any breach by Grantee of this Contract.
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or-
relinquishment
rrelinquishment 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, germ or,
condition or of the right to enforce the same as to any other or
further violation .
P . DISPUTES; GOVERNING LAW; VENUE.
20 (Rev.09/2017)
Any dispute concerning a matter of fact a.r_i.si.i
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 be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract . Any such exhibit shall be attached hereto and
thereby incorporated herein .
21 (Rev. 0912017)
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ( "AGENCY")
APPRO ED , S TO FORM:
�10
By 6
epur t. ney General, state of Hawati
Print Name Dana Viola
Its First Deputy Attorney General
Date MAY 3 0 2019
HAWAII POLICE DEPARTMENT
COUNTY OF W II NTEE")
By
Print Name WILFRED M.OF.,,Qp
Titl
Date
APPROVED AS TO FORM AND APPROVAL RECOMMENDED
LEGALI T
'A
BBy
P I.y-At Name -%.�rint Lla�MePaUl�FerleirW
T Corporation Counsel Title Chief of Police
Date
MAY 0 1 2019 Date
22 (Rev.09/2017)
CRIME PREVENTION AND JUSTICE.ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR GRANT
FY 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
T'AR'T I. TITLE PAGE
A, PROJECT''rITLE: Statewide Multi-Jurisdictional Drug Task force(SMDTF)
B. APPLICANT AGENCY: Hawaii Police Department ��______.
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: ❑ Yes ® No DUNS No, 613154335
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 349 Kapiolani Street � _ City Hilo _ Zip . 96720
PRIMARY PLACE OF Zip + 4
F. PERFORMANCE, City Hilo State HI digits 96720
G. PROJECT PERIOD: From March 1,2019 To December 31 2019
AUTHORIZED PROGRAM
H. AREA: Law Enforcement Programs
Reducing drug threats and drug related crimes and
I. PRIORITY AREA: Incotporating multi-agency collaboration
J. 'TYPE OF APPLICA'T'ION: New ❑ Continuation
K. TOTAL PROJECT AMOUNT: $ 41,613
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of fttnding?Yes No ❑ If,yes,then provide name of
the source or grant program and the amount of funds that is being sought: Source HIDTA Amount$TBD
,I. PROJECT DIRECTOR
Name: Reed Mahuna Title: Lieutenant
Address: 349 Kapiolani Street Hilo HI 96720
Telephone (808)315-5798 _^ ,
E-Mail: Reed.Mahuna@hativaiicounty.goy
N. FINANCIAL OFFICER
Name: Hauoli Aiona Title: Accountant IV
Address: 349 Ka iolani Street Hilo HI 96720
Telephone: (808)961-2273
E-Mail: Hauoli.Aiona(c�hawaiicounty.gov
FOR CPJAD USE
Date received: Project Number: r�-
EXHIBIT A
AGICPJAD#1 (Rev 8110/2018)
APPLICATION FOR GRANT
FY 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PART II. DESCRIPTION OF PROJECT
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. i
Cocaine remains popular and available throughout the County of Hawaii and is often used
in conjunction with other drugs including heroin and marijuana. The majority of cocaine
recovered by law enforcement is in its powdered form.
Following a nationwide trend, heroin seems to be growing in popularity on the Big Island.
Black tar heroin continues to be the most common form of heroin found on the Big Island
and availability of heroin continues to remain limited to a small amount of distributors.
Recent investigations conducted by the task force have led to the recovery of black tar
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,
AG/CPJAD NI (Rev 01/03/201$)
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
methamphetatnine 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 all 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 involved
in narcotic investigations are continuously trained and educated in order to maintain
effectiveness. The criminal element's knowledge of the techniques utilized and econolltic
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.
AG/CPJAD t/1 (Rev 01!03/2018)
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. Tile
continued collaboration of the task force previously referred to as the Hawaii 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 2017, Task Force Officers assigned to the Hawaii County Police
Department have recovered over $2,324;250.00 street value of crystal methamphetamine,
$154,910.00 of cocaine, and $117,545,00 in Mexican black tar heroin, resulting in under
2.6 million dollars' worth of illegal narcotics seized in Ilawai`i County alone.
These seizures have resulted in the initiation of 1.,219 drug related investigations. During
these investigations the Hawai'i Police Department seized 34,16 pounds of crystal
methaniphetarnine, 1579.10 grams of cocaine, 698.18 grams of heroin, and 921 diverted
pharmaceutical pills. In addition,numerous assets valued in excess of$507,000.00 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 2017, some of which are summarized below:
Task force officers executed a traffic stop during an operation in South Kona. The driver
in this case was identified as a 39 year-old male of Ho'okena. A search warrant was
executed on the vehicle and 89.3 grams of cocaine and 12.6 grams of marijuana were t
recovered. Under advice of rights the suspect agreed to consent to search of his residence,
there officers recovered an additional 55.5 grams of cocaine, 57,8 grams of marijuana and
two firearms. The suspect in this case was arrested for two counts of Promoting a
Dangerous Drug in the 1st degree, Promoting a Dangerous Drug in the 3rd degree,
Promoting a Detrimental Drug in the 2nd and 3rd degree(s) as well as three counts of
offenses related to Drug Paraphernalia and two counts of Permit to Acquire a Firearm. He
was released pending investigation. This is a joint investigation with the Drug Enforcement
Administration and they are continuing the investigation.
Task force officers conducted a "buy bust" operation on Makaala Street in Hilo. This
investigation stemmed from a search warrant that yielded a cooperating defendant earlier
in the month. The cooperating defendant ordered an amount of crystal methamphetamine
and met the-supplier in the parking lot of a Hilo strip-mall. The suspect identified as a 53
AGJCPJAD N1 (Rev 01/03!2018)
year-old Mexican National living in Hawaiian Paradise Park was arrested at the scene after
a K-9 narcotics screen alerted to the vehicle he was driving. Task force officers executed a
search warrant on the suspect's vehicle. Inside the vehicle 14 ounces of crystal
methamphetamine were recovered in one ounce packages. The estimated street value of
the narcotics broken down to 1/32 oz. is $44,800,00, The suspect was charged with
Promoting a Dangerous Drug in the 1st degree, attempted Promoting a Dangerous Drug in
the 1 st degree and Drug Paraphernalia. The suspect is a Mexican national here in the
country illegally,he is currently also on an Immigration and Customs Enforcement detainer
as this is the second time he has been apprehended in the United States.
Task force Officers received information that large quantities of crystal methamphetamine
were being shipped into an address in Hilo. Task force officers contacted the US Postal
Service to monitor packages coming into that address. The USPS inspector contacted our
task force and notified us that a priority mail flat rate box was inbound to that address. A
K-9 screen was conducted of the package which resulted on a positive alert, The package
was opened by LISPS inspectors and just over two pounds (985 grams) of crystal
methamphetamine was located concealed within. A controlled delivery was made on the
suspect residence with the assistance of USPS inspectors. The ice in this case has an
estimated street value of$147,750.00.
Task force officers using information obtained from a confidential informant notified the
USPS Inspector of a possible U.S. Postal Service package containing a large quantity of
crystal methamphetamine. This package was then intercepted at the US Post Office in
Pahoa, A K-9 drug screen was conducted on the package and it resulted in a positive alert.
The package was then transported back to the United Postal Service Inspector in Honolulu
and it was opened via a Federal Court Order. The package contained 2120 grams of crystal
methamphetamine or approximately five pounds. The package was addressed to a false
name in the Leilani Estates subdivision in Puna, The target at that address is a 54 year old
mate who is known to task force officers, Task force officers along with a U.S. Postal
Inspector conducted a controlled delivery of the parcel at the above address,
Task force Officers contacted a 40-year-old male who was in a vehicle at a public park,
' vehicle and received a positive
Officers used a narcotics canine to screen the suspects p
alert. During a cursory search of the suspect, officers recovered approximately 57.7 grams
of crystal methamphetamine, resulting in him being arrested. A search warrant was
executed on the suspect's vehicle, resulting in the recovery of a loaded ,40 caliber pistol.
On 01-14-17, the suspect was charged with first-degree promotion of a dangerous drug,
Promoting a controlled substance near a public park, possessing drug paraphernalia, and
numerous firearms offenses, including possession of a firearm with intent to facilitate the
commission of felony drug offense. His bail was set at $198,000. He was also charged
with a probation offense for which there was no bail. Task force Officers then executed a
search warrant at a Waikoloa home that the suspect occupied. Officers recovered
approximately 28.8 grams of crystal methamphetamine, 15 grams of marijuana, 8.3 grams
of cocaine, 2 grams of heroin, 165 controlled prescription pills, 14 doses of Suboxone, and
paraphernalia associated with narcotics use and distribution. In addition, officers seized
for forfeiture numerous pieces of jewelry,numerous collector-type coins,numerous United
States bank notes and $116,000 in cash. The suspect was charged with the additional
offenses of first-degree promotion of a dangerous drug, three counts of second-degree
promotion of a dangerous drug, five counts of promoting a harmful drug, one count of
Actc11.ran 4u (aev Qilp3/zot8)
promoting a detrimental drug, and seven counts of possessing drug paraphernalia, His total
bail for those additional offenses was set at $243,000.
Task Force Officers arrested and charged a 41-year-old with numerous drag offenses a
firearm offense and carrying a deadly weapon, after a package was recovered containing
402.1 grams (14.18 oz.) methamphetamine and 284,5 grams (10.03 oz.) of heroin, Upon
serving several additional search warrants, officers recovered more methamphetamine,
marijuana, prescription pills, anabolic steroids, and three (3) firearms. Bail was set at
$48,275.00. A second suspect, who was arrested in the incident described above, was also
arrested for three counts of promoting a harmful drug,two counts of promoting a dangerous
drug in the second degree, promoting drug paraphernalia, possessing prohibited
ammunition, and a firearm offense. After serving warrants on a vehicle and a
condominium, officers recovered methamphetamine, heroin, cocaine paraphernalia, misc.
pills, anabolic steroids, and a pistol, His bail was set at $184,250.00.
These investigations are representative of the partnership of resources and information
gained from the previous task force project named Hawaii 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 duality 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
minimum of 400 narcotics related arrests.
Objective 6: Increase the drug seizures related intelligence by completing 750 new
AG/CPJAD#1 (Rev 01/03/2018)
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 grains
of cocaine, 1800 grams of crystal methamphetamine, 50 grains 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 1 t: 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 MOt1 is reviewed on a yearly basis for
any needed modifications.
I 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
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
AWCHAD 41 (Rev 01!0312018)
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 this
conference provides attendees an opportunity to network with other canine handlers and
helps to expand their network of available resources when addressing narcotic canine
related issues,
S. The task force will direct their investigative efforts towards identifying and
disrupting and/or dismantling drug trafficking organizations. Arresting and prosecuting
tnid-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 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, at-rest responsible parties, and disrupt and/or dismantle drug trafficking
\G/CP,IAD N1 (Rev 01/03/2018)
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 continued intelligence and information sharing;
training and assessment of canine drug dogs;joint operational planning;training to increase-
officer knowledge, effectiveness, safety; and opportunities to meet, work, and train with
other state and national law enforcement agencies.
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
thru to further narcotics investigations by conducting
December surveillance operations, report writing, conducting
controlled purchases utilizing confidential
informants/undercover officers, buy/bust operations,
surveillance operations, preparation and execution of search
warrants, etc.
January Throughout this project period, drug presentations, to
thru include narcotic canine demonstrations will be given to
December community/school /youth/business groups as requested.
January Send 2 Narcotic Canine Handlers/Supervisors to the annual
California Narcotics Canine Association Conference, San
Diego, California.
April Send 2 Officers/Supervisors to the Semi-Annual Inter-
County Criminal Intelligence Unit Conference, location to
be determined, Hawaii. _.
April Meet with other HNTF commanders to share information
and intelligence,discuss/plan any joint operations,training,
and other enforcement efforts, location to be detertnined,
Hawaii.
October Send 2 Officers/Supervisors to the Semi-Annual Inter-
County Criminal Intelligence Unit Conference, location to
AG/01JAD MI (Rev 01/03/2018)
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
I 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 I 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, Lieutenant Reed Mahuna, existing
personiel are as follows:
Lieutenant Reynold Kahalewai
Detective Michael Hardie
Detective Zachary Fernando
Detective Jeremy Lewis
Detective Ian Lee Loy
Detective Sean Smith
Detective Chad Taniyama
Detective Ernest Matsumoto
Officer Erie Reyes
Officer Kyle Hirayama
Officer Patrick Aurello
Officer Edward Lewis
Officer Matthew Bartz
Officer Kimmerlyn Makuakane-Jarrell
Officer John McCarron
Officer Frank Mohica
Officer Stephen Parker
Officer Zenas Pacheco
Officer Marco Segobia.
Officer Colin Pacheco
Officer Robert Stewart
F. BRIEI� PERSONNEL BIOGRAPHIES
,kG/CPJAD Nt (Rev Ot/03/20I8)
Project Director: Lt. Reed Mahuna, a 20-year police veteran currently assigned as the
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 Ernest Matsumoto
Officer Patrick Aurello
Officer Matthew Bartz
Officer Robert Stewart
Officer Frank Mohica
Officer Colin Pacheco
Officer Zenas Pacheco
The following personnel assigned to the Area 11 Vice Section are identified as:
Lieutenant Reynold Kahalewai
Detective Michael Hardie
Detective Jeremy Lewis
Detective Sean Smith
Detective Chad Taniyama
Officer Kyle Hirayarna,
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 \,laui
Police Department who will, through the Vice Division, coordinate technical assistance,
training, and manpower.
2. The Hawaii Police Department will conduct enforcement throughout the County of
Hawaii and request, and provide, manpower assistance to the other Counties on an "as
needed" basis,
3. The SMDTF is comprised of the following County agencies:
Hawaii Police Department
Maui Police Department
AG/CPJAU al (Ret 01/03/2018)
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.
PER.PORMANCE MEASURES
The following data will be acquired from the Hawaii Police Department's Records
Management System (RMS), arrest reports, investigative narratives, and other
departmental reports, and individually collected data collection reports:
1. The number of joint task force meetings attended, where it was located, and dates
of the meeting.
2. Copy of the MOU on file—date signed.
3. The number of persons arrested for narcotics related offenses.
AG/C'PJAD MI (Rev 01/03/201$)
4. The number of DTO's disrupted.
5. The number of DTO's dismantled.
6. The type, quantity in grains (including# of plants), and value of narcotics seized.
7. The number of officers trained and types/dates of training received.
S. The number of narcotics presentations given to community members/groups and
the dates of said presentations.
y. Number of joint task force missions/investigations, dates of the missions, and
county the mission took place.
10. Number of new investigations.
11, Number of closed investigations.
12. Number of parcel investigations.
13. Number of weapons, number of vehicles, and number of U.S. currency seized.
The Edward Byrne Memorial Justice Assistance Grant (JAG) Performance
Measures:
The Edward Byrne Memorial Justice Assistance Grant (JAG) requires grantees to report
on specific Performance Measures for project activities. Refer to htt s://ojpsso.oip•i ov>
to locate the performance measures to be reported ort for the Law Enforcement Program
Module.
I. PROBABIIATY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND
SUSTAINABILITY PLAN
It is highly likely that our corn
nunity and our criminal justice system will be positively
impacted by the successful outcomes of the task force's investigative efforts. By ensuring
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
of illegal narcotics into the State is sure to
effective narcotics investigations, the flow
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
laries robberies, thefts, crimes against persons
bur
narcotics-driven offenses to include g
and/or property, and the like.
The Statewide Multi-,jurisdictional Drug Task Force will provide the Hawaii Police
Department with the continued funding necessary to investigate and apprehend mid to
high level narcotics distributors. At the end of this project period, it is anticipated all of
the goals and objectives will be met or surpassed. Future grant funding will be sought in
order to continue the objectives of this project.
If the Statewide Multi-Jurisdictional Drug Task Force no longer receives funding from
AG/CPJAD#1 (Rev 01/03/2018)
this source, funding sources will be sought from the High Intensity Drug Trafficking
Area (HIDTA) and any other available grant sources.
Should funding be discontinued, the task force officers will continue to work towards
disrupting the flow of narcotics via the apprehension of mid-level to high-level distributor
importing and distributing illegal narcotics into and within the State of Hawaii. While the
objectives may vary, existing law enforcement personnel will be utilized to fulfill the
overall goal. If the need arises, additional manpower/ funding assistance will be sought
from law enforcement personnel from the neighbor island police departments and/ or
state / federal law enforcement agencies. In addition, drug awareness presentations will
continue to be made to community/ school / youth/business groups as requested.
AC:/CP.IAD#1 (Revs O1/O3/2O18)
APPLICATION FOR GRANT
NY 2017 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
$ $
$ $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
Detective/Sergeant 9 $46 19(x9) $7866
Police Officer 111 12 $42 12(x12) $6048
$ $
Total Salaries and Wages $13,914
B. Fringe Benefits Employee Benefits %
No. of
Position Title Positions Monthly Rate Subtotal
No, of No. of
Position TitlePositions Hourly Rate Hours Subtotal
$ $
Total Fringe Benefits $
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
$ ❑Consultant ❑
Contract
$ ❑Consultant ❑ _
Contract
Itemize for
mainland/interisland airfare, No. of No.of
,ground transportation, rental Travelers as Days
car, per diem Unit Cost applicable Subtotal
$ $
$ $
Total Consultants/Contracts $
AGIMAD ttl (Rev 01/03/ZOt8)
COST ELEMENT AMOUNT
D. Trans ortation and Subsistence
No. of
Itemize for mainland/interisland Travelers No.of
airfare,ground transportation, as Days
rental car,per diem Unit Cost applicable Subtotal
I.C.C.I.U. $3,875
Airfare $250 4 $1000
Per Diens $90 4 3 $1080
Ground Transportation $65 3 $195
_Excess Lodging $100 4 3 $1,200
Baggage Fee(roundtri ) $100 4 _ $400
CNOA Conference/Training $5,530
Airfare $1000 2 $2,000
Per Diem $145 2 6 $1,740
Ground Transportation _v_ $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 $17_40
Ground Transportation $65 5 _ $390
Excess Lodging $100 21 6 $1,200
Baggage Fee(roundtrip) $100
Total Transportation and Subsistence $14,935
E. Office Supplies
Itemize supplies and related costs Cost by Unit
such as printing, paper,binders,
etc. Quantity Subtotal
$ $
$ $
Total Office Supplies
F. Equipment
Specify equipment that will be
purchased, leased,or rented. Quantity Cost by Unit Subtotal
$ $
$ $ _
Total Equipment
$
4G/CPJAD#I (Rev 01/03/2018)
G. Other Costs Quantity Cost by Unit Subtotal
Confidential Funds 1 $9,334 $9,334
IMIJ Registration Fee 4 $395 $1,580
CNOA Registration Fee 2 $575 $1150
CNCA Registration Fee 2 $350 $700
Total Other Costs $12,764
H. Indirect Costs Base Rate %) Subtotal
Total Indirect Costs $
TOTAL PROJECT COSTS $41,613
AG/CPJAD N1 (Rev 01/03/2018)
BUDGET EXPLANATION,
A. Salaries and Wages
All of the positions listed are on the task force on a part time basis. 'rile hourly rate listed is
the average overtime hourly rate of each position. The Fiscal Officer rate wasn't utilized in
calculating the average overtime rate. However, her overtime is minimal and will be
deducted from the Administrative and Technical Bureau overtime account.
overtime will be utilized in furtherance of narcotics investigations for such activities as
confidential informant debriefings, controlled purchase and surveillance operations, criminal
investigations, interrogations/interviews, report writing, etc.
It should be noted the individual totals for the overtime was obtained 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:
C. Consultants/Contracts
D. 'Transportation and Subsistence
I.C.C.LU. (Inter CounO Criminal intelligence Unit) Conference = ($3,875.011)
4 officers to attend this conference which is held within the State ofHawai`i. Conference
covers issues from each county, state, and federally. Each county and different law
enforcement agencies exploits their problems and solutions. Conference also focuses on
investigative highlights from different law enforcement agencies within the State of Hawaii.
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 Dare $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 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
(The County of Hawaii travel policy allows $50.00 per day for lodging and $40.00 per day
for meals both of which are included in the Per Diem. The County also recognizes that
lodging cost will exceed the $50.00/day therefore the county will reimburse lodging
exceeding the $50.00/day.)
California Narcotics Officers Association (CNOA) Conferencef Training= ($5,531).00)
2 Officers to this annual conference/training. Conference/Training covers a wide variety of
AG/CHAD 41 (Rev 01103/2018)
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 successfill narcotics investigations. These
classes establish the foundation for new narcotics officers and supervisors to be successfitl 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
(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
(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
F. Equipment
G. Other Costs
Confidential Funds - $9,334.00
AG/CPJAD H1 (Rev 01/03/101$)
r
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. I leroin
remains available with prices varying from $2,800.00 up to $3,000.00 for a "piece" (23
grams) and $3,500.00 for an ounce (28 grains). 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 Casts
AG/CPJAD 41 (Rev O1103/2018)
IV. Attachments
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:
I. Requirements of the Award; Remedies for Non-Compliance or for Materially False
Statements
The conditions of this award are material requirements of the award. Compliance with
any certifications or assurances submitted by or on behalf of the Grantee that relate to
conduct during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a
condition set out in full below, a condition incorporated by reference below, or a
certification or assurance related to conduct during the award period --may result in
CPJAD taking appropriate action with respect to the Grantee and the award. Among
other-things, CPJAD may withhold award funds, disallow costs, or suspend or terminate
the award. The Department of Justice and CPJAD also may take other legal action as
appropriate.
Any materially false, fictitious, or fraudulent statement to the state and/or federal
government related to this award (or concealment or omission of a material fact) may be
the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or
42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative
remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-
3812).
Should any provision of a requirement of this award be held to be invalid or
unenforceable by its terms, that provision shall first be applied with a limited construction
so as to give it the maximum effect permitted by law. Should it be held, instead, that the
provision is utterly invalid or unenforceable, such provision shall be deemed severable
from this award.
2. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the financial and administrative requirements set forth in 2
C.F.R. fart 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
AG/CPJAD#26 FY 2017 JAG Special Conditions(revised 02/2018) 1
i
3
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of CPJAD awards.
3. Grantee shall comply with all reporting, data collection, and evaluation requirements, as
prescribed by law and detailed by the BJA in program guidance for the Justice Assistance
Grant Program.
Grantee shall complete BJA-required reports on-line using the Performance Measurement
Tool (PMT). The on-line reporting system will require a username and password to log
on. The username and password will be provided by CPJAD after the contract is
executed. The PMT web address is https://www.bjaperformincetools.org
The BJA reporting periods and due dates are:
• January 1 - March 31 Due: April 15
■ April 1 —June 30 Due: July 15
■ July I - 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.
4. Grantee shall submit a Semi-Annual Progress Report to the CPJAD every six (6) months
following the calendar year. The progress reports are to cover activities that the Grantee
has completed during that reporting period.
The semi-annual reporting periods and due dates are:
■ January I - 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.
5. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by:
AGi'CPJAD tt26 FY 2017 JAG Special Conditions(revised 02/2018) 2
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.hotllnc0)usdol.goy
Hotline: (contact information in English and Spanish): (800) 869-4499, or
Hotline fax: (202) 616-9881
Additional information is available from the DOJ (SIG website at www.usdoj.gov/oig
6. 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees)
Grantee must comply with, and is subject to, all applicable provisions of 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.
7. 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.
8. 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
AGCPJAD#26 FY 2017 JAG Special Conditions(revised 02/2018) 3
Guiding Principles for Grantees and Sub-grantees, available at
https://www.ojp.usdoj.gov/funding/ojptrainingguidingpriticiples.htm
9. 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.
10. 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 pail, 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.
11. Restrictions and Certifications Regarding Nan-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.
12. 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.etfli.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.
AG/CPJAD#26 FY 2017 JAG Special Conditions(revised 02/2018) 4
4
13. 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
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafticking.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.
14. 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,
2017, are set out at https://ojp.gov/funding/Explore/FY 17Apt)ropriationsRestrictions.litm
and are incorporated by reference here.
Should a question arise as to whether a particular use of federal fiends 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.
15. 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 https//www.ecfr.gov/cgi-bin/ECFR?page=browse),
AG/CPJAD#26 FY 2017 JAG Special Conditions(revised 02/2018) 5
by browsing to"Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR
"current" data.
16. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C.F.R. Part 54
The Grantee, and any subrecipient("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Fart 54, which relates to nondiscrimination on the
basis of sex in certain"education programs."
17. Restrictions on "Lobbying"
In general, as a matter of federal law, federal funds may not be used by the Grantee, or
any subrecipient("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy,
at any Ievel of government. See 18 U.S.C. 1913.. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded from being used by the
Grantee, or any subrecipient at any tier, to pay any person to influence(or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular vise of federal funds by a Grantee (or
subrecipient) would or might fall within the scope of these prohibitions, the Grantee is to
contact CHAD for guidance, and may not proceed without the express prior written
approval of CPJAD.
SUBMITTED BY:
APR 10 2019
Signature: l r-! .!11_ - --- Date: ----
&W
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD 426 1:Y 2017 JAG Special Conditions(revised 02/2018) 6
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees,on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System
Improvement Formula Grant Program established under Title VI,Subtitle C,Part E,Subpart 1,of the
Anti-Drug Abuse Act of 1988 (Public Law 100-690).
2. Any grant awarded pursuant to this application shall be subject to and will be administered in
conformity with:
(a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI,Subtitle C, Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
r
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 funds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
fiends.
P
SUBMITTED BY:
Signature: 0Date: APR 10 2019 —
Name: ,Paul Ferreira_ Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD 1114 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICA'T'ION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal fiords 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: &4*4' Date:
APR 10 2019
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 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 (whish 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:
Mut KArKir�t _ _ aimor mic (MU-7244
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subreeipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure maybe 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.
SLJBMITTED BY:
APR 10 2019
Signature: t�- _ Date:
Name: _Paul Ferreira Title: Chief of Police_
(Head of Agency or Designee)
AG!CPJAD#30 612010
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, it) 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 Conununity 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 sem)
• 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 secp)
• 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.G. § 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:
Signature: 1 Date:
APR 10 2019
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15 (revised 7/2015)
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
APP 10 2019
Signature Date
t
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
a
instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
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.
CYRTIFICATION FORINT
Compliance with the Equal Employment Opportunity Plan (ESOP) Requirements
Please read carefully the Instructions(see below)and then complete.Section A or Section R or Section C not all three, If recipient
conn letes Section A or C and sub- rants a sin le award over$500,000, in addition, Tease con fete Section D.
Recipient's Name:Hawaii Police Department
Address:349 Kapiolani Street,Hilo,Hawaii 96720
Is agency a; o Direct or in Sub recipient of ON,OVW or COPS fund in ? Law Enforcement Agency?if Yes ❑ No
DUNS Number:613154335 Vendor Number(only if direct recipient)
Name and Title of Contact Person:Reed Mahuna
Telephone Number:808-315-5798 E-Mail Address:reed,mahuna@hawalicounty.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apple
u Less than fifty employees. ❑Indian Tribe ❑Medical institution.
t] Nonprofit Organization u Educational Institution u Receiving a single award(s)less than$25,000.
[responsible
o,ficial], certify that
[recipient] is not required to prepare an ESOP for the reason(s)checked above,pursuant to 28 C.F.R§ 42.302.
I 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$500,000, in addition,please complete Section D
Print or Type Name and Title Signature Date
Section R—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
ifa recipient agency has fifty or more employees and is receiving a single award or,subatvard,of 525,000 or snore,but less than$500,000,then
the recipiawt agenev does not have to submit an EEOP to the OCR for review(is long as it certifies the following(42 C.F.R.§42.305):
�'YG1kl� t,,�}1VT [responsible
(.)J certify that _ }6W4jj NNei Mgmall
[recipient], which has fifty or more employees and is receiving a single award or subaward for$25,000 or more,but less
than$500,000,has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public,employees, the appropriate state planning agency,and the Office for
Civil Rights,Office of Justice Programs, U.S, Department of Justice. The EEOP is on file at the following office:
-----__�uW�►f f'v 1 Cc-c.. (spa v-f-►�lr�f ___.�_�.�_p.—________•� �..�.� ..
[organization], 0
,�✓ Mui (c ��rt��i i ' I IitU SPR 10 �t9
Printo r Ty e Name and Title Signature Date
Section C—Declaration Stating that an ESOP Short Form Has Been Submitted to the Office for Civil
Rights for Review
If a recipient agency has fifty ormore employees and is receiving a single award,or subatvard,of$500,000 or more, then the recipient agency
const send an ESOP Short Form to the OCRfar 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
ESOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
[dente] to the Office for Civil Rights,Office of Justice Programs, U.S. Department of Justice.
If recipient sub-grants a single award over$500,000, in addition,please complete Section D
Print or Type Narne and Title Signature Date
^
�,'ecfion D—Declaration Stating that Recipient Subawards a Single Award Over$500,000
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Pian (EEOP)Requirements
The federal regulations implementing the Oinnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on 61e,submit to the Office for Civil Rights(OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan(EEOP). Sec 28 C.F.R. pt. 42, subpt.
E. All awards from the Office of Commututy Oriented Policing Services(COPS)are subject to the EEOP requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance(BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJI7P),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women(OVW)are also subject to the ESOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
ESOP requirements,please consult your grant award document, your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C,not all three. If recipient completes Section
A or C and sub-grants a single award over$.500,000,in addition,please complete Section D.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under$25,000; or it has less than fifty
employees. To claim the complete exemption from the ESOP requirements,complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file,and implement an EEOP, the regulations
allow,some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local
government, an agency of state or local government,or a private business; and(2)have fifty or more employees; and(3)
have received a single grant award of$25,000 or more,but less than$500,000, may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B, the recipient should note that the ESOP on
file has been prepared within, twenty-Four months of the date of the most recent grant award.
Section C
Recipients that (l) are a unit of state or local government, an agency of state or local government, or a private business,
and(2) have fifty or more employees,and(3)have received a single grant award of$500,000 or more, must prepare,
maintain on file,submit to the. OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one)to the OCR,should complete Section C.
Section D
Recipients that(1) receive a single award over$500,000; and(2) subaward a single award of$500,000 or more must
provide a list; including, name, address and DUNS#of each such sub-recipient by completing Section D,
Submission Process
Recipients should download the online Certification Form,complete required sections, have the appropriate official sign
it,electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOP Forms(iiausdoj.gov. The document Hurst have the following title:EEOP Certification. If you have questions about
completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs,
810 7th Street,NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027).
01113 Approval No. 1121-1340 Expiration Date: 12/31/15
r
r
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to a collection
of information unless it displays a current valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood,and which impose the least possible burden on you to provide us with information.
`rhe estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate, or suggestions for making this form simpler,you can write to the
Office of Justice Programs, 810 7th Street,N.W.,Washington, D.C. 20531_
i
DEPARTMENT OF THE A'T'TORNEY GENERAL
Crime Prevention and Justice Assistance Division
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read all of the conditions for confidential fiends as set forth in the
effective edition of Office of Justice Program's Financial Guide, and I agree to abide by all the
conditions for confidential fiends as set forth in the manual.
SUBMITTED BY:
Signature: v Date: _ APR 10 2018
Name: &I Ferreira _ Title: Chief or Police _------_—---------_
Agency: Hawaii Police Denarttnetn
4
ACUMAD 1118 05/09