HomeMy WebLinkAboutCOM 0017.011 2018-2020 JM�Y OF
Harry Kim �''c� '�. Paul K. Ferreira
Mayor Police Chief
9TE O.F.N,.p
Kenneth Bugado Jr.
Depute'Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo,Hawaii 96720-3998
(808)935-3311 Fax(808)961-8865 ir
DATE: March 25, 2019
TO: AARON CHUNG, COUNCIL CHAIR AND c-CD
COUNCIL MEMBERS `
VIA: KAY=FIRA,
NTROLLER
FROM: PAUPOLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD '
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: FY 2018 Paul Coverdell Forensic Science
Improvement
Grantor: Department of the Attorney General Crime
Prevention and Justice Assistance Division
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 2018-CD-BX-0001
Amount of Grant: $63,793.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.47:3308.95
Grant Period (Commencement &Completion): January 1, 2019 to December 31, 2019
Purpose of Grant: To purchase two (2) handheld field based analyzers
and provide training to personnel.
Is final report required by grantor? W Yes [] No
Notification attached: W Yes ❑ No, because
Comm. No.
Ref. To:
"Hawai'i County is an Equal Opportunity Provider and Employer"
Ref. nate JUN 2 $ 2019
is 7r � . ....,
DAVID Y.IGE :'4 1, I CLARE E CONNORS
} L ATTORtiFViFt78RR4.
t i '�' DANA O.VIOLA
h
DEPUTY ATTORNEY GENFRAk
STATE OF HAWAII COP
DEPARTMENT OF THE A'T'TORNEY GENERAL
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
235 S.B Lu--u4 St a_ET.SuI tE 401
Hor:OLutu,Ha:,nn 96813
(808)586-1150
ag.haaraii.govkpja
May 23, 2019
The Ilonorable Paul Ferreira
Chiefol,Police
I-law-ail Police Department
349 Kapiolani Street
I lila, Hawaii 96720
Deer Chief l-erreira:
Enclosed please find the fully executed contract for the trollowing project:
Project Number: 18-C'D-03
Project "Title: Ka 1 lo`5'o Palekana
Project Period: January 11 2019 to December 31, 201 c)
"Total Federal Amount $63,793
You may begin to regLICSt funds for your pl•Ojeet by Submitting a completed Request Im
funds and Cash Balance Report (RFI-) to our office. If you have questions, please contact Dawn
Martin, Criminal Justice Planning Specialist, at 586-1164 l'1''e
look forward to the implementation of this project.
Sincerely,
Julie Ibato
Administrator
F nGIOSLII-C
C: CPJAD Discal Office
Kathy PUI1g (Project Director)
I lauoli Aiona (Financial Officer)
Project Number 18-CD-03
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 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
WHEREAS, Public Law 106-561, the Paul Coverdell National
Forensic Sciences Improvement Act, as amended (hereinafter "Act") ,
authorizes funding to improve the quality, timeliness, and
credibility of forensic science services for criminal justice
purposes;
WHEREAS, award amounts are pre-determined according to
the allocation criteria set forth in 34 U. S.C. §10563;
1 (rev.212019)
WHEREAS, the Department of the Attorney General, as the
designated State Administering Agency, applied for and was awarded
funds under the Act;
WHEREAS, Grantee is qualified to receive funds available
to Hawaii under the Act and its respective implementing
regulations, contained in the Paul Coverdell Forensic Sciences
Improvement Grant announcement, 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. E. R. Part 2800 (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
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;
2 (rev.212019)
v
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) attached hereto as
Exhibit "A" and by reference incorporated herein. It is understood
that this Contract includes as a part hereof any rules, relevant
directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of
Management and Budget' s Uniform Guidance and the effective edition
of the Department of Justice Programs ' financial manual entitled
"DOJ Grants Financial Guide. "
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from January 1, 2019 to and including December 31, 2019 unless
this Contract is sooner terminated as hereinafter provided or
3 (rev.2/2019)
t
unless this Contract is extended in accordance with Section L. of
this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1 . Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
National Institute of Justice, 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 and local
government which in any way affect its performance under this
Contract.
3. Grantee shall provide for an independent audit
of its activities on a periodic basis in accordance with Part 200
Uniform Requirements.
4 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall complete,
execute and submit to Agency a Certification Regarding Drug-Free
Workplace Requirements which meets the requirements of the Drug
Free Workplace Act of 1988 (P. 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
4 (rev.2/2019)
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. 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
5 (rev. 2/2014)
S .
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
6. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification of Non-Supplanting, hereinafter referred to
as the "Non-Supplanting Certification" . A copy of the Non-
Supplanting Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the representations
made in the Non-Supplanting Certification are true at the time,
this Contract is executed and will remain true throughout the
entire term of the Contract and any extensions, and that Grantee
shall fulfill any and all terms and conditions set forth therein.
7 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall complete,
execute and submit to Agency a Certification Regarding Lobbying,
hereinafter referred to as the "Lobbying Certification", and any
subsequent disclosure forms required under Section 1352, Title 31
U. S. C. A copy of the Lobbying Certification shall be included
in Part IV of the Application for Grant . Grantee covenants that
the representations made in the Lobbying Certification are true at
the time this Contract is executed and will remain true throughout
the entire term of the Contract and any extensions, and that
6 (rev.212019)
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
implementing the above-referenced statutes at 28 C. F.R. Part 42,
subpts . C, D, G, and I, 28 C. F.R. Part 35, and 28 C. E. R. Part 54 ;
Exec. Order No. 13559, 28 C. F.R. Part 38 (equal protection of the
laws for faith-based and 'other neighborhood organizations) ; Exec.
Order No. 13166 and U. S . Department of Justice, Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English
7 (rev.212019)
Proficient Persons; the Hawaii State Fair Employment Practices
Act, Chapter 378, Hawaii Revised Statutes; and all other applicable
federal and state laws, rules and regulations .
9. Grantee assures Agency that if it is required
to formulate an Equal Employment Opportunity Program in accordance
with 28 C. F. R. §§ 42. 301 et seg. 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
National Institute of Justice may require. Grantee shall submit
quarterly financial reports fifteen (15) calendar days after the
end of each calendar quarter. Grantee shall submit monthly
requests for funds and cash balance reports fifteen (15) calendar
days after the end of each month. The final fiscal reports must be
received by Agency within sixty (60) days after the date this
Contract terminates or unless mandated earlier by Agency. Records
8 (rev.2/2019)
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 National
Institute of Justice is closed.
11 . The final drawdown for funds shall be received
by Agency no later than thirty (30) days after the 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 during the term of the
Contract as stipulated under Part IV. of the Application for Grant,
Attachments, Acceptance of Special Conditions.
14 . If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before title
in such property may vest in Grantee. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates . If a certification is not provided by
9 (rev.2/2019)
Grantee, title to any personal property purchased or acquired with
funds received under this Contract shall vest in Agency and such
personal property shall be delivered to the Agency in good working
order upon expiration or sooner termination of this Contract .
D. PERSONNEL.
1 . Grantee shall secure at its own expense all
personnel required to perform the services required under this
Contract. All such personnel shall not be considered employees
of, or have any contractual relationship with the State of Hawaii
unless Grantee is otherwise an agency of the State.
2 . Grantee shall ensure that none of the work or
services to be provided under this Contract shall be subcontracted
or assigned without the prior written approval of Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that Grantee
secures the prior written consent of Agency. In the event Grantee
enters into a subcontract with a private organization to perform
any of the services or activities required under this Contract,
Grantee agrees that the period of each subcontract shall not exceed
the term of this Contract, and funds to the private organization
will not be released unless and until the requirements set forth
10 (rev.2/2019)
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
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
11 (rev.2/2019)
Contract alone shall not be construed as employment with the State
of Hawaii and shall not entitle Grantee' s agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes. Grantee shall be responsible
for payment of all applicable federal, state, and county fees which
may become due and owing by the Grantee by reason of the Contract,
including but not limited to (i) income taxes, (ii) employment
related fees, assessments and taxes and (iii) general excise taxes .
The Grantee also is responsible for obtaining all licenses, permits
and certificates that may be required in order to perform this
Contract .
2 . This section shall not be applicable if
Grantee is an agency of the State of Hawaii .
G. COMPENSATION.
1 . Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed sixty-three
thousand seven hundred ninety-three and 00/100 dollars
($63, 793 . 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
12 (rev.2/2019)
. r.
incidentals and operating expenses which it incurs or may incur in
connection with this Contract .
2 . It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under
this Contract to be payable out of federal funds, this Contract
shall be construed to be an agreement to pay such portion to the
Grantee only out of federal funds to be received from the federal
government when the federal funds are so received and shall not be
construed as a general agreement to pay such portion at all events
out of any funds other than those which are received from the
federal government.
H. METHOD OF PAYMENT.
1 . All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes.
2 . Payments to Grantee under this Contract shall
be made in accordance with and subject to the following provisions :
a. Payments shall be made monthly upon
receipt of Grantee ' s completed request for funds.
b. All payments shall be made in accordance
with and subject to Chapter 40, Hawaii Revised Statutes, which
specifies the accounting procedures and controls applicable to
payments out of the Treasury of the State of Hawaii .
13 (rev.2/2019)
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
allowability.
d. Failure to submit required reports by the
applicable deadline will result in the withholding of payments
until such time as the reports are received by Agency. Grantee
shall continue to provide the services, programs and activities
during the period that payments are being withheld.
I . INDEMNIFICATION.
1 . It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or omissions
of Grantee. Grantee shall indemnify and save harmless the State
of Hawaii, Agency, and their officers, agents, and employees from
14 (rev.212019)
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 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
15 (rev.2/2019) +
made available to any individual or organization other than any
subcontractor to which the material may relate, without prior
written approval of Agency. Grantee shall submit a completed
Privacy Certification for review and approval prior to the
expenditure of funds for the collection of identifiable
research/statistical data . All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to this
Contract, and all such material shall be considered "works made
for hire" . No summary, report, map, chart, graph, table, study or
other documents or discovery, invention, 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,
16 (rev. 212019)
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
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
17 (rev.2/2019)
a party' s written request with the other party' s written approval
thereon to this Contract . No oral modification, alteration,
amendment, change, or extension of any term, provision or condition
of this Contract shall be permitted.
M. CONFLICT OF INTEREST .
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
N. TERMINATION OF CONTRACT.
1 . If, for any cause, Grantee refuses or fails to
satisfactorily fulfill in a timely or proper manner its obligations
under this Contract or any extension thereof, or if Grantee
breaches any of the promises, terms or conditions of this Contract
and, having been given reasonable notice of and opportunity to
cure any such default, fails to take satisfactory corrective action
within the time specified by Agency, Agency shall have the right
to terminate this Contract by giving written notice to Grantee of
such termination ten (10) calendar days before the effective date
of such termination. The Grantee shall continue performance of
the Contract to the extent it is not terminated. Notwithstanding
termination of the Contract, and subject to any directions from
18 (rev.2/2019)
the Agency, the Grantee shall take timely, reasonable, and
necessary action to protect and preserve property in the possession
of the Grantee in which the Agency has an interest .
2. Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving written
notice to Grantee of such termination at least thirty (30) calendar
days before the effective date of such termination.
3 . In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall become Agency' s property and,
together with all information, data, reports, records, maps, and
other materials (if any) provided to Grantee by Agency, shall be
delivered and surrendered to Agency on or before the effective
date of termination.
4 . Grantee shall be entitled to receive only such
compensation as shall have been satisfactorily earned prior to the
effective date of termination. Agency shall determine the amount
of work satisfactorily completed and the amount of compensation
satisfactorily -earned. If the termination is for cause, any other
provisions to the contrary notwithstanding, Grantee shall not be
relieved of liability to Agency for damages sustained by Agency
because of any breach by Grantee of this Contract .
19 (rev.212019)
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or
relinquishment of the Agency' s right to enforce the same in
accordance with this Contract. It is expressly understood and
agreed that no waiver granted by Agency on account of any violation
of any promise, term or condition of this Contract shall constitute
or be construed in any manner as a waiver of the promise, term or
condition or of the right to enforce the same as to any other or
further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General ' s duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee shall
proceed diligently with the performance of this Contract in
accordance with Agency' s request . The validity of this Contract
and any of its terms or provisions, as well. as the rights and
20 (rev.2/2019)
duni_es of the parties to this Contract , shall be governed by rhe
laws of the State of Hawaii_ . Except as otherwise provided in t_hi :>
ct i on, any action to enforce this Contract or for I_jreach of th i. L
Contract- shall be brought only in a State court of competent
luri.sdiction in Honolulu, Hawaii .
Q. ADDITIONAL CONDITIONS .
Additional conditions may be inyDosed against-
Grantee
gainstGrantee by reducing them to writing and designating them as
exhibios to this Contract . Any such exhibit shall be attached
hereto and thereby incorporated herein .
i[FI WITNE,S S1HE€F',OE, the parties hereto have e.xet u c-_i
this Contract .
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DEPARTMENT OF THE ATTORNEY GENERA1,
STATE OF HAWAII , (-AGENCY- )
APPROVED AS 13 FORM:
By
mjuny __ -r£ e General, Stitt f Hawaii
Print Hame, Dana Viola
Its First Deputy Attorney General
Da to MAY 2 1 2019
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21 (rev. 2 2019)
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HAVIAI Z POIJCE DFPARTHENT
C;O(AIT`% OF H!}v�ALI ("CIRANTEE";
Print Name
i` t_I eDa t C2
1'a}c}r
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AP-P O',IE D AS TO FORMI A11D Ai'E'ROVA , RECOMIMF HDED
I F'G A L 1'i"
"ame Print Name Paul Ferrei-ra
1Sr (,:orporaCion Counsel TO, Ie Chief of Police
Da t:e APR 1 0 2019 Da o
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22 (rev. 212019}
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2018 PAUL COVERDELL FORENSIC
SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA
PART 1. TITLE PAGE
A. PROJECT TITLE: Ka Ho'a`o Palekana
B. APPLICANTAGENCY: Hawaii Police Department
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: ® Yes ❑ No DUNS No. 613154335
Zip+4
D. ADDRESS: 349 Kapiolani Street City Hilo digits 96720-3998
E. PROJECT PERIOD: From Janua t 2019 To December 31,2019
F. GRANT PURPOSE: Improve Quality-Facilitate Accreditation
G. ACCREDITATION: Yes ® : Attach No❑ : Date applying for accreditation:
H. TOTAL PROJECT AMOUNT: $ $63,793
I. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ❑ No ® If Yes,then provide name of
source and the amount of funds that is being sought: Source Amount$
J. PROJECT DIRECTOR
Name: Kathy A. Pung Title: Criminalist III
Address: 349 Kapiolani Street Hilo,HI 96720
Telephone: 808-961-2286
E-Mail: Kathy.pung�cr�,hawaiicounty.gov
K. FINANCIAL OFFICER
Name: Hauoli Aiona Title: Accountant IV
Address: 349 Kapiolani Street Hilo,HI 96720
Telephone: 808-961-2273
E-Mail: Hauoti.Aiona a)hawaiicounty.gov
FOR CPJAD USE
Date received: cA Project Number:
EXHIBIT A
4'
APPLICATION FOR FY 2018 PAUL COVERDELL FORENSIC
SCIENCE IMPROVEMENT GRANTS PROGRAM - FORMULA
PART II. PROGRAM NARRATIVE
A. THE PROBLEM
The reemergence of Fentanyl and its very powerful analog carfentanyl presents a
significant challenge for law enforcement and crime laboratories across the country. The
danger posed by these drugs requires ever increasing safety precautions during their
recovery, transport and testing.
According to the DEA "Fentanyl is not only dangerous for the drug's users, but for law
enforcement, public health workers, and first responders who unknowingly come into
contact with it in its different forms. Fentanyl can be absorbed through the skin or
accidental inhalation of airborne powder. DEA is concerned about law enforcement
coming into contact with fentanyl on the streets during the course of narcotics work"
(Fentanyl: a real threat to law enforcement, 2016).
New technology using portable Raman Spectroscopy has become a proven, accurate and
safe way to field test narcotics. This point and shoot method does not, in many instances,
require removing the narcotics from its packaging for presumptive testing. This would
allow presumptive field testing to be done quickly, efficiently and most importantly
safely.
A study by the Las Vegas Metropolitan Police Department Crime lab found "portable
Raman technology is an effective and reliable tool to presumptively identify
methamphetamine and cocaine in the field" they went on to say that "enhancing and
implementing a new method of presumptive field testing will benefit law enforcement,
forensic laboratories, and the court system by increasing safety, decreasing costs and
time, decreasing the incidence of false positive results, and expediting the judiciary
process" (2014, Presumptive Field Testing Using Portable Raman Spectroscopy).
HPD Crime Lab is requesting grant funds for: Two TruNarc hand held, portable field
based analyzers; training for Crime Lab and Vice Section personnel in the use of the
TruNarc portable field based analyzers and TruNarc solution kits.
B. GOALS AND OBJECTIVES
Goal: To increase the quality, efficiency and safety of the presumptive field testing of
narcotics, specifically opioids and their powerful synthetic analogs.
Objective 1: Increase quality and safety of field drug testing by purchasing two (2)
handheld field based analyzers.
Objective 2: Train all Crime Lab and Vice personnel in the use of the TruNarc
F.
system.
Objective 3: Safely field test suspected fentanyl using the TruNarc unit.
C. PROJECT ACTIVITIES
Objective 1:
1. Submit specifications for handheld field based analyzers and training to be purchased.
Objective 2:
1. Coordinate training dates for HPD personnel in both Area I & II.
2. Personnel will attend and satisfactorily pass training provided by the manufacturer of
the handheld field based analyzer.
Objective 3:
1. Personnel will safely field test suspected opiates and other dangerous drugs with
handheld field based analyzer.
D. PERSONNEL
Jennifer S. Minaai —Evidence Specialist [I
Evidence Specialist Minaai has a B.A. degree in Biology from the University of Hawaii
at Hilo. She has been employed by HPD since 2008 as an Evidence Specialist I and
reallocated to Evidence Specialist II in 2013.
Mary S. Midkiff—Evidence Specialist II
Evidence Specialist Midkiff has a B.A. degree in Biology from the University of Hawai'i
at Manoa and a M.S. in Counseling Psychology from Capella University. She was
employed by HPD June of 2017 and reallocated to Evidence Specialist II in June 2018.
Brian N. Koge—Criminalist II/Laboratory Quality Manager
Criminalist Koge has a B.S. degree in Medical Technology from the University of
Hawaii at Manoa. He was employed by HPD from 1990 to 1999 as a Criminalist 1,
conducting mostly drug analysis. Criminalist Koge was rehired as a Criminalist II in
2008, and American Board of Criminalistics(ABC) recertified in 2010 as a Drug
Analyst. Criminalist Koge currently maintains several digital evidence certifications
including: A+/Network+/Security+/Accessdata/Mobility+ -Certified Professional
Cellebrite Certified Logical Operator
MSAB XYR, Magnet AXIOM, and EnCe certification
Vacant— Criminalist I-II
Kathy A. Pung— Criminalist III/Laboratory Supervisor
Criminalist Pung has a B.A. degree in Chemistry from the University of Hawaii at Hilo,
and a M.S. degree in Forensic DNA & Serology from the University of Florida. She was
employed by HPD in 2000 as a Criminalist I, reallocated to Criminalist Il and promoted
to Criminalist III in 2007. Criminalist III Pung was American Board of Criminalistics
(ABC) certified in 2008 as a Drug Analyst.
E. CAPABILITIES AND COMPETENCIES
HPD Crime Lab is ANAB accredited for the following scope of activities:
Drug Analysis
Latent Print Development
Serial Number Restoration
Test Fire of Firearms for Operability
Other Crime Lab services that are not included in the accreditation scope include:
Digital Forensic Evidence—mobile phones, computers/lap tops
Crime Scene Processing—(intend to apply for accreditation in April 2020)
F. PERFORMANCE MEASURES
Objective 1:
• Number of handheld field based analyzers purchased.
Objective 2:
• Number of HPD personnel receiving training.
• Date and location of training scheduled for Area I and Area II operations.
Objective 3:
• Number of drug samples field tested with handheld field based analyzers
• Survey of HPD personnel using field based analyzers compared to chemical field
tests.
Coverdell Grant Performance Measures:
• The average number of days to process a sample at the beginning of the grant
period.
• The average number of days to process a sample at the end of the reporting
period.
• Number of backlogged cases at the start of the grant period.
• Number of backlogged cases at the end of the reporting period.
• During the reporting period, the number of backlogged cases analyzed with
Coverdell funds.
• Number of forensic science personnel attending training.
• Number of analysts.
• Number of analysts certified.
• Number of analyst seeking certification with FY 18 Coverdell funds.
G. PLAN FOR COLLECTING THE DATA FOR PERFORMANCE MEASURES
Plan for Data Collection of Performance Measures:
Project Director, Criminalist III Kathy A. Pung, will be responsible for collecting and
documenting performance measures in a monthly grant update, and records/receipts
documenting all training attended. For all activities funded by this grant project, the
Project Director will document and maintain a file. Semiannual progress reports and a
final report will be completed and submitted by the Project Director along with any other
applicable reports and materials. Monthly and Quarterly financial status reports will be
completed and submitted by the Financial Officer.
APPLICATION FOR FY 2018 PAUL COVERDLLL FOKENNIC:
SCIENCE IMPROVEMENT GRANTS PROGRAM - FORMULA
PART III. BUDGET DETAIL AND EXPLANATION
Hawaii Police Department
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
$ $
$ $
Total Salaries and Wages $0
B. Fringe Benefits Employee Benefits %
No.of
Position Title Positions Monthly Rate Subtotal
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $0
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
Tru-Nare On-Site Training $8100 4 Das Q Consultant ®Contract
Consultant Q Contract
Itemize for main land/interisland No.of No.of
airfare,ground transportation, Travelers as Days
rental car, per diem Unit Cost applicable Subtotal
Travel Costs for Training $ $
$ $
$8,100
Total Consultants/Contracts
AC/CPJAD H1 (Rev 1/26/2017)
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No. of
Itemize for mainland/interisland Travelers No. of
airfare,ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
Total Transportation and Subsistence $0
E. Office Supplies
Itemize supplies and related costs such Cost by Unit
as printing, aper,binders,etc. Quantity Subtotal
$ $
$ $
Total Office Su lies $0
F. Equipment
Specify equipment that will be
purchased, leased,or rented. Quantity Cost by Unit Subtotal
4?
TruNarc Unlimited Unit w/wty 2 $26,078 $52,156
TruNarc Type H Solution Kit 2 $495 $990
Total Equipment $53,146
G. Other Costs Quantity Cost by Unit Subtotal
Tax l $2,547 $2,547
Total Other Costs $2,547
H. Indirect Costs Base Rate(°/a) Subtotal
Total Indirect Costs $0
TOTAL PROJECT COSTS $63,793
AG/CPJAD N1 (Rev 1/26/2017)
BUDGET EXPLANATION:
A. Salaries and Wages
$0
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: $0
C. Consultants/Contracts
$8,100
TruNarc training includes a total contract of$8,100 for an on-site one-day training for
1-12 students in Hilo and in Kona, which is the market rate for this training. The total
costs will include travel for one trainer to fly from the east coast to Hawaii, flight
between Hilo and Kona, hotel, per diem, car rental, parking, and luggage fees. All
costs will be reasonable according to HiPD county rules.
D. Transportation and Subsistence based on:
$0
E. Office Supplies
$0
F. Equipment
$53,146
TruNarc Unlimited Model with 5 years extended warranty: includes factory repair;
loaner units when available; 24/7 technical support; companion PC TruNarc admin
software; unlimited access to TruNarc eLearning courses; and free basic software
updates to core narcotics library provided for the life of the instrument.
2 @$26,078 =$52,156
TruNarc Solution Kit(Type H) for identification of Heroin and other special
narcotics. Kit includes 100 test sticks and 100 solution vials with ethanol
2 @$495= $990
G. Other Costs
Tax $2,547
H. Indirect Costs
$0
TOTAL-$63,793
AC/CPJAD#1 (Rev 1/26/2017)
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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 the Paul Coverdell Forensic Sciences
Improvement Grants("Coverdell grants")under part BB of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. Sec. 3797).
2. Any grant awarded pursuant to this application shall be subject to and will be administered in
conformity with:
(a) general conditions applicable to administration of grants under Title VI, Subtitle C, Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI,Subtitle C,Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
c;
funds.
SUBMITTED BY:
MAR 2 7 2019
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 Coverdell 01/2017
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS
PROGRAM SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. 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
34 U.S.C.10271-10273), 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. Part 200 and the current edition of the Department of Justice(DOJ) Grants
Financial Guide.
Grantee understands and agrees that CPJAD may withhold award funds, or may impose
other related requirements, if the Grantee does not satisfactorily and promptly address
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 1
outstanding issues from audits required by the Part 200 Uniform Requirements(or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of CHAD awards.
3. Reporting Requirements and Performance Metrics
Grantee shall comply with all reporting, data collection and evaluation requirements, as
prescribed by law and entailed by the NIJ in program guidance for the Coverdell
program. Grantee shall also complete and submit both semi-annual progress reports and
final reports.
Semi-Annual Progress Reports
Grantee must utilize and complete the Progress Report Format Form, AG/CPJAD#20
(Coverdell), every six months following the calendar year. The progress reports are to
cover activities that the Grantee has completed and must include data on the following
Coverdell identified performance measures, as applicable:
Goal/Ob ective Performance Measures Data Grantee Provides
To improve the quality and Outcome Measure Average number of days to
timeliness of forensic services and 1. Percent reduction in the average process a sample at the
to reduce the number of backlogged number of days from beginning of the grant period.
cases in forensic laboratories. submission of a sample to a
forensic science laboratory to Average number of days to
the delivery of test results to a process a sample at the end of
requesting agency. the grant period.
2. Percent reduction in the number Number of backlogged cases at
of backlogged forensic cases. the beginning of the grant
period.
Output Measure
The number of forensic science or Number of backlogged cases at
medical examiner personnel who the end of the grant period.
completed appropriate training or
educational opportunities with Number of forensic science
Coverdell funds(if applicable to personnel attending training.
the grant)
Number of medical examiner
personnel attending training
programs.
The semi-annual reporting periods and due dates are:
January 1 through June 30 Due: July 15
July 1 through December 31 Due: January 15
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 2
Final Report
Grantee agrees to submit a final report, at the end of this award, documenting all relevant
project activities during the entire period of support under this award. This report will
include the following: (1)a summary and assessment of the program carried out with the
award, which shall include a comparison of pre-grant and post-grant forensic science
capabilities(and shall cite the specific improvements in quality and/or timeliness of
forensic science or medical examiner services); (2) the average number of days between
submission of a sample to a forensic science laboratory or forensic science laboratory
system in that State operated by the State or by a unit of local government and the
delivery of test results to the requesting office or agency; and(3) an identification of the
number and type of cases currently accepted by the forensic science laboratory or
forensic science laboratory system. Grantee is required to collect data necessary for this
report. This report is due no later than 30 days following the close of the award period or
the expiration of any extension periods.
Grantee shall submit the following information as part of its final report: (1) the number
and nature of any allegations of serious negligence or misconduct substantially affecting
the integrity of forensic results received during the 12-month period of the award;(2)
information on the referrals of such allegations(e.g., the government entity or entities to
which referred, the date of referral); (3) the outcome of such referrals (if known as of the
date of the report); and (4) if any such allegations were not referred, the reason(s) for the
non-referral.
Should the project period for this award be extended, the Grantee shall submit the above
information as to the first twelve months of the award as part of the first semi-annual
progress report that comes due after the conclusion of the first twelve months of the
project period, and shall submit the required information as to subsequent twelve-month
periods every twelve months thereafter(as part of a semi-annual progress report)until the
close of the award period, at which point the Grantee shall submit the required
information as to any period not covered by prior reports as part of its final report.
Grantee understands and agrees that funds may be withheld (including funds under future
awards), or other related requirements may be imposed, if the required information is not
submitted on a timely basis.
4. 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.
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 3
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.eefr.pov/ci;i-bin/ECFR?page=browse),
by browsing to Title 28-Judicial Administration, Chapter 1, Part 38,under a-CFR
"current"data.
28 C.F.R. Part 54
Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex
in certain"education programs."
5. "Lobbying"Restrictions
In general, as a matter of federal law, federal funds may not be used by the Grantee, or a
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 level 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 lawenerall prohibits federal funds awarded from being used by the
g Y
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 use 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.
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 4
6. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee and any subrecipients("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG)any credible evidence that a principal, employee,
agent, contractor, subcontractor, or other person has, in connection with funds under this
award— 1) submitted a claim that violates 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. Potential fraud, waste, abuse, or misconduct involving or
relating to funds under this award should be reported to the OIG by:
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
1425 New York Avenue, N.W. I
Suite 7100
Washington, DC 20530
Hotline: (contact information in English and Spanish): (800)869-4499, or
Hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at
https://oigjustice.gov/hotline
7. 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.
8. 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 subgrantees 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.
AG/CPJAD#26 FY 2018 Coverdel) Special Conditions(revised 03/2019) 5
r"
9. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable laws, regulations,policies, and guidance
(including specific cost limits, prior approval and reporting requirements, where
applicable)governing the use of federal funds for expenses related to conferences,
meetings, trainings, and other events. Information on pertinent laws,regulations,
policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Sub-grantees, available
at haps://ojp.uov/fundiniImnletnent/Trainin Pg rinciplesForGrantees-Subgrantees.htm
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 part, for one or more of the identical cost items
for which funds are being provided under this CPJAD award, the Grantee will promptly
notify, in writing, the assigned Criminal Justice Planning Specialist for this CPJAD
award, and, if so requested by CPJAD, seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding.
11. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters
No Grantee or subgrantee under this award, or entity that receives a contract or
subcontract with any funds under this award, may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts,or purports to prohibit or restrict, the reporting(in accordance with law) of
waste, fraud, or abuse to an investigative or law enforcement representative of a federalIr
j
department or agency authorized to receive such information.
12. Prohibited Conduct Related to Trafficking in Persons
Grantee, and any subgrantee at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to
the trafficking of persons,whether on the part of grantees, subgrantees, or individuals
defined(for purposes of this condition) as"employees"of the Grantee or of any
subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to
trafficking in persons are posted on the OJP web site
at https://oip.gov/funding/Explore/ProhibitedConduct-Trallickinst.htm(Award condition:
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 6
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.
13. General Appropriations-Law Restrictions
Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various "general provisions" in the Consolidated Appropriations Act,
2018, are set out at https://ojp.gov/funding/Exglore/FY 18AnpropriationsRestrictions.htm
and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Grantee or
subgrantee would or might fall within the scope of an appropriations-law restriction, the
Grantee is to contact CPJAD for guidance, and may not proceed without the express prior
written approval of CPJAD.
14. Requirements to Report Actual or Imminent Breach of Personally Identifiable
Information (PII)
Grantee shall have written procedures in place to respond in the event of an actual or
imminent"breach"(OMB M-17-12)of"personally identifiable information"(PII)(2
CFR 200.79), if Grantee 1)creates, collects, uses, processes, stores, maintains,
disseminates,discloses, or disposes of such"personally identifiable information"within
the scope of the grant-funded program or activity,or 2) uses or operates a"Federal
information system"(OMB Circular A-130).
Grantee's response procedures must include a requirement to report by email actual or
imminent breach of PII to the assigned CPJAD grant manager and to
hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach, or
the detection of an imminent breach, with the date and time of the breach or detection of
an imminent breach, description of actual or imminent breach, project number, project
title, name of Grantee, and Grantee contact information.
15. Generally Accepted Laboratory Practices
Grantee shall ensure that any forensic laboratory, forensic laboratory system, medical
examiner's office, or coroner's office that will receive any portion of the award uses
generally accepted laboratory practices and procedures as established by accrediting
organizations or appropriate certifying bodies.
16. External Investigations
Grantee shall ensure that the requirements of 34 U.S.C. section 10562(4)(which relate to
independent external investigations into allegations of serious negligence or misconduct
AG/CPJAD#26 FY 2018 Coverdell Special Conditions(revised 03/2019) 7
by employees or contractors)are satisfied with respect to any forensic laboratory system,
medical examiner's office, coroner's office, law enforcement storage facility,or medical
facility in the State that will receive a portion of the grant amount.
Grantee acknowledges, that, as stated in the solicitation for the Paul Coverdell Forensic
Science Improvement Grants Program, the National Institute of(NIJ) assumes that
Grantee(and subgrantees)of Coverdell funds will make use of the process referenced in
their certification as to external investigations and will refer allegations of serious
negligence or misconduct substantially affecting the integrity of forensic results to
government entities with an appropriate process in place to conduct independent external
investigations, such as the government entity(or entities) identified in the grant
application.
17. Use of Funds
No Research. Funds provided under this award shall be used only for the purposes and
types of expenses set forth in the solicitation for the Paul Coverdell Forensic Science
Improvement Grants Program. Funds shall not be used for general law enforcement
functions or non-forensic investigatory functions, and shall not be used for research or
statistical projects or activities. Use of award funds for construction of new facilities is
restricted by statute. Any questions concerning this provision should be directed to the
CPJAD Criminal Justice Planning Specialist prior to incurring the expense or
commencing the activity in question.
Grantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any laws,
regulation or policy, at any level of government, without the express prior written
approval of CPJAD.
18. Press Releases
Grantee shall transmit to the assigned CPJAD Criminal Justice Planning Specialist copies
of all official grant-related press releases at least thirty (30)working days prior to public
release. Advance notice permits time for coordination of release of information by
CPJAD and NIJ where appropriate and to respond to press or public inquiries.
19. Development and Use of Publications,Curricula,Training Materials, etc.
To assist in information sharing, the Grantee shall provide the assigned CPJAD Criminal
Justice Planning Specialist with a copy of publications(including those prepared for
conferences and other presentations) resulting from this award,prior to their public
release. NIJ defines publications as any written, visual,or sound material substantively
based on the project, formally prepared by the Grantee for dissemination to the public.
Submission of publications prior to their public release aids CPJAD and NIJ in
responding to any inquiries that may arise. Any publications(written,visual, or sound)—
AG/CPJAD 026 FY 2018 Coverdell Special Conditions(revised 03/2019) 8
excluding press releases and newsletters— whether published at the Grantee's or
government's expense, shall contain the following statement:
This project was supported by Award No. , awarded by the
National Institute of Justice, Office of Justice Programs, U.S. Department
of Justice. The opinions,finding, and conclusions or recommendations
expressed in this publication/program/exhibition are those of the author(s)
and do not necessarily reflect those of the Department of Justice or the
Hawaii Department of the Attorney General. "
This statement shall appear on the first page of written publications. For audio and video
publications, it shall be included immediately after the title of the publication in the audio
or video file.
(*) Grantee should contact the assigned CHAD Criminal Justice Planning Specialist for
the federal grant number.
20. Copyrights
Grantee acknowledges that the Office of Justice Programs reserves a royalty-free, non-
exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize
others to use (in whole or in part, including in connection with derivative works), for
Federal purposes: (1) the copyright in any work developed under an award or subaward;
and (2)any rights of copyright to which a Grantee or subgrantee purchases ownership
with Federal support.
Grantee acknowledges that the Office of Justice Programs has the right to (1) obtain,
reproduce, publish, or otherwise use the data first produced under an award or subaward;
and (2)authorize others to receive, reproduce, publish,or otherwise use such data for
Federal purposes.
It is the responsibility of the Grantee(and of each subrecipient, if applicable) to ensure
that this condition is included in any subaward under this award.
SUBMITTED BY:
Signature: Date:
t� MAR 2 7 20!9
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD 026 FY 2018 Coverdell Special Conditions(revised 03/2019) 9
jl
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED 13
MAR 2 7 2019
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#3 06/02
k
#i
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs(OJP),Office for Civil Rights(OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance, the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the Hawaii Police Department (name of agency)
has non-discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Paul K. Ferreira Chief 961-2243
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
It
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
(� MAR 2 7 2619
Signature: ��X Date:
Name: Paul Ferriera Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees and
contractors with the non-discrimination requirements of:
• The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in Office of Justice
Programs, Office of Community Oriented Policing Services,and Office on Violence Against Women
funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et sec )
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or
national origin in Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R.
§42.101 et§gq)
• 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 seg;)
• 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 11 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 sec..)
• 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. 11311, 127 Stat. 54 §
3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on
the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual
orientation, or disability in any program or activity funded in whole or in part with funds made
available through VAWA or the Office on Violence Against Women. (42 U.S.C. § 13925(b)(13)).
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded
from participation in, be denied the benefits of, be subjected to discrimination under, or be denied
employment in connection with any program or activity funded in whole or in part with funds made
available under this title from the U.S. Department of Justice through the Department of the Attorney
General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination
regulations may result in the suspension or termination of funding.
SUBMITTED BY: n
Signature: �G L. �e Date:BY-
MAR 2 7 2019
bm
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15(revised 7/2015)
CERTIFICATIO. FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three. If recipient
coir! fetes Section A or C and sub-grants a sin le award over$500,000, in addition,please con! lete Section D.
Recipient's Name:Hawaii Police Department
Address:349 Kapiolani Street,Hilo,Hawaii 96720
Is agency a; o Direct or m Sub recipient of OJP, OV W or COPS funding? Law Enforcement Agency? a(Yes o No
DUNS Number:613154335 Vendor Number(only if direct recipient)
Name and Title of Contact Person:Kathy Pung
Telephone Number:808-961-2286 E-Mail Address:katny.pung@hawalicounty.gov
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
a Less than fifty employees. o Indian Tribe o Medical Institution.
o Nonprofit Organization o Educational Institution o Receiving a single award(s)less than$25,000.
1, [responsible
official], certify that
[recipient] is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R.§ 42.302.
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
. i
Print or Type Name and Title Signature Date
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
lfa recipient agency has fifty or more employees and is receiving a single award or,subaward, of 525.000 or more, but less than$500,000,then
the recipient agency does not have to submit an ESOP to the OCR for review as long as H certifies the following(42 C.F.R.§42.305).-
Paul
2.305):Paul K.Ferreira,Chief of Police [responsible
official], certify that Hawaii Police Department
[recipient],which has fifty or more employees and is receiving a single award or subaward for$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 ESOP is on file at the following office:
Hawaii Police Department
[organization],
349 Kapiolani Street,Hilo,111 96720
[address].
Paul K.Ferreira,Chief of Police -� 3/27/19
Print or T e Name and Title Signature Date
Section 0-7-Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil
Rights for Review
If a recipient agency has f!f y or more employees and is receiving a single award, or subaward,of$500,000 or more, then the recipient agency
must send an EEOP Short Form to the OCR for review.
I, [responsible
official], certify that
[recipient], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
[date] to the Office for Civil Rights,Office of Justice Programs,U.S. Department of Justice.
If recipient sub-grants a single award over$500,000, in addition,please complete Section D
Print or Type Name and Title Signature Date
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights(OCR)at the Office of'Justice
Programs(OJP) for review,and implement an Equal Employment Opportunity Plan (EEOP).See 28 C.F.R. pt. 42,stibpt.
E. All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements:
rnany awards from OJP, including awards from the Bureau of Justice Assistance(BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), and the Office for Victims of Crime(OVC)are subject to the EEOP requirements. and
many awards from the Office on Violence Against Women (OVW)are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements, please consult your grant award document,your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C,not all three. 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 EEOP requirements,complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an ESOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1)are a unit of state or local
government,an agency of state or local government, or a private business•, and(2)have fifty or more employees: and(3)
have received a single grant award of$25,000 or more, but less than $500,000, may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP oil
file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that(I) 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 a-mail address:
hFOPForms(dttsdoj.gor. The document must have the following title: ESOP Certification. If you have questions about
completing or submitting the Certification Form, please contact the Office for Civil Rights,Office of Justice Programs,
810 7th Street, NW, Washington, DC 20531 (Telephone: (202)307-0690 and TTY: (202)307-2027).
OMB Approval No. 1121.0340 Expiration Date: 12/31/15
a �
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 Ferriera, Chief of Police
Name and Title of Authorized Representative
MAR 2 7 2019
Signature Date .
Hawaii Police Department
Name of Organization
349 Kapiolani Street
Address of Organization
Hilo, Hawaii 96720
I
OJP FORM 4061/1(REV.2/89)Previous editions are obsolete
4
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.
t
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.
s. 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.