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HomeMy WebLinkAboutCOM 0017.016 2018-2020 lMSV OF ki Harry Kim �,'•''�� `'1 Paul K. Ferreira AfItXVor Police Chief J •!r 4�ow�'�� Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-8865 DATE: July 9, 2019 TO: AARON CHUNG, COUNCIL CHAIR AND COUNCIL MEMBERS W C3 VIA: OSHIRO CONT LLER FROM: PAUL K. FERREI , POLICE CHIEF ,, RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1) Name of Grant Program: Priority Drug Analyses Productivity Grantor: Department of the Attorney General, State of Hawaii County Grantee Department or'Agency: Hawaii County Police Department Grant No. (IF KNOWN): 17-DJ-12 Amount of Grant: $77,548.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.69:3309.69 Grant Period (Commencement &Completion): March 1, 2019 to December 31, 2019 Purpose of Grant: To improve the criminal justice system by increasing drug analysis productivity through updated instrumentation, guaranteed manufacturer support, updated drug identification libraries, and automated system validation checks. Is final report required by grantor? Yes ❑ No Notification attached: Yes [-] No, because Comm. No.. '�"' "Hawai'i County is an Equal Opportunity Provider and Employer" Ref.To: Ref. Date__AUG 1 3 2019 DAVID Y.IGE 4 a GLARE E.CONNORS GOVERNOR � ' � ATTORNEY GENERAL DANA D.VIOLA fir• ,,� FIRST OEPUTY ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE;ASSISTANCE DIVISION 236 S,BERET'ANA STREET,SUITE 401 C (DPY IIt7N(808).186tH 413 1350 ag.hawa i goviyp a June 25, 2019 The Ilonorable Paul Ferreira Chief of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Fear Chief Ferreira: Enclosed is the fully executed contract for the following project, Project Number: 17-DJ-12 Title: Priority Drug Analyses Productivity Project Period: March 1,201 —December 31, 21119 'I'otal Federal Amount: $77,548 You may begin to request funds for your project by submitting a completed Request 1'or Funds and Cash Balance Report (RFF)to our office. IF you have any questions, please contact Dawn Martin at 586-1164. Sincerely, Jule Ebato Administrator Enclosure C: CP.I AD Fiscal Office Kathy Pung Kelsle Kal lull Project Number 17-DJ-12 C 0 N T R A C T THIS CONTRACT, executed on the respective dates indicated Ibelow, is effective as of March 1, 2019, by and between the Department of the Attorney General, State of Hawaiif hereinafter called "Agency, " by and through the Attorney General, and the Hawaii Police Department, whose business address is 349 Ka-piolani Street, Hilo, Hawaii 96720 , hereinafter called "Grantee WITNESSETH WHEREAS, Title I of the Omnibus Crime Control and Safc Streets Act of 1968, 42 U. S . C. §§ 3711 et s meq. , as amended k'he ,reinAfter "Act") , was enacted to make grants to states and units of locale government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, .-.--,on t ractual support, training, technical assistance, and lnformatio n systems 'or criminal justice, including for any one or more of the following programs : (1) Law enforcement programs. r2) Prosecution and court programs . (Rev.09/2017) (3) Prevention and education programs . (4) Corrections and community corrections programs. (5) Drug treatment and enforcement programs . (6) Planning, evaluation, and technology improvement programs. (7 ) Crime victim and witness programs (other than compensation) . WHEREAS, the Governor has designated Agency to serve as Hawaii ' s office for administering the federal financial assistance available under the Act; WHEREAS, Grantee, as an agency of the County cit jjyjil, 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 Departhent of Justice in 2 C. F.R. Part 2800 (together, the "Part 200 Uniform Requirements") , and has applied to Agency for receipt of the same as a subgrantee; WHEREAS, Agency has reviewed Grantee' s application for tunds, and is satisfied that all of the requirements of the Act 2 Xv.09/2017) 4 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 t-he services, programs and activities described he-re-in and J.s 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 st.i.pulations 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 of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts T 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 UnitedStates or the Agency, including the provisions 3 (Rev.091`2017) o4ff the federal Office of Manageirient and Budget' s Uniform Guidance ind 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 r 01T] March 1, 21019 to and i.ncdi lung December 31, 20-119 ............ 1-4 less t".1-LiS Contract is sooner terminated as hereinafter provided c,r unless this Contract is extended in accordance with Section L. of LhiS Ccntract . C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1 . Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulation-, and ,juidelhoes, including but not 11mited to guidance issued y t h e Bureau of Justice Assistance, Part 200 Uniform Requirements, and the effect.-Lve edition of the "DOJ Grants Financial- Guide. " 2 . Grantee shall comply with all the ordinan-ces, .Codes, rules and regulations of the Federal., State and local a c ct , tance under th is vernment which in any way affe.- its perform Contract . 3 . Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Part 200 Jf_` form. Requirements. 4 (Rev,09/21 f)17) 4 Prior to, or concurrently with the execution of this contract, if so required by Agency, Grantee shall complir--,te, 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 S C. , T ' tie 41, Chapter 10, §702) , hereinafter referreda to s. J the "Drug-Free Workplace Certification. " A copy of the Drug-Free Workplace Certification shall be included in Part TV off t--he Application for Grant . Grantee covenants that the representall:ions !-rtade 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 submi..9sion of a false Drug-Free Workplace, Ce rt if i ca r ion, or Grantee ' s violation of any or all of the requirements set forth therein shall entitle Agency to suspend one ormore 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 t:,)f the requirements contained in the Druo-Free Workpla.ce 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 un,availab ility of future funding for Grantee. (Rev.K`201 7) 5 . Prior to, or concurrently with the exe_--ut (_'In of this Ic-ontract, Grantee shall complete, execute and submit to Agenicy a Certification Regarding Debarment, S u s p e ris i(--)n, le 1 i a ib 11, 1 and Vo 1 unta ry Excl us_J on, he rehaft er re f erred t(--: as Lhe "Debarment. Certification. " A copy of the Debarment o 0 -ert i. coati r: shall be included in Part TV of the Appl �_ n 1'ica Grant . Grantee covenants that the representations made in the D­:A)arment 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 exer.-,utinon �f th,is, on rapt, 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- Supplant ing Cert.ificat ion shall be included in Part IV of the Auplic,ation for Grant. Grantee covenants that the representations male in, the Non-Supplanting Certification are true at the time _his Contract JL s executed and will remain true throughout the entire term of the Contract. and any extensions, and that Grarltee shall fulfill any and all terms and conditions set forth therein . 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 svb3equerit disclosure forms required under Section 1352, Title 31 U. S . C. A copy of the Lobbying Certification shall be included in Part TV of the Application for Grant. Grantee covenants that the represent at ons, made in the Lobbying Certification are true at ' the time chis Contract is executed and will retia-in true throughout. the entire term of the Contract and any extensions, and that antee shalL fulf.i.-I] any and all terms and conditions set forth therein. 8 . Grantee shall comply with the non- discrimination requirements of the Omnibus Crime Control and SaIffe Streets Act of 1.968 which prohibits discrimination in employment and in the delivery of services or benefits on the basis of race, valor, national origin., religion, or sex; Title VI of the Civil Rights Oct of 1964 which prohibits discrimination in the delivery Of services or benefits on the basis of race, color, or national ,:,riqin; Section 504 of the Rehabilitation Act of 1973 and Title !I of the Americans with Disabilities Act of 1990 which prohibit disc rimi nation in employment and in the delivery of services or benefits based on -disability; Title IX of the Educat-ion Amendments of 2.972 which prohibits discrimination on the basis of sex in i,raining 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, 00/20 17) 4 pleMent-ing — the above-ref erenced statutes at. 28 C. F. R. Part 42, subpts . C, D, G, and T ., 28 C. F.R. Part 35, and 28 C. F. R. Part 514 ; Exec. Order No. 13279, 28 C. F.R. Part 38 (equal protection of the laws f-or -f aith-based and other neilghborhood organizations) ; Exec. Order No. 13166 and U. S. Department of Justice, Guidance to Federal. Assistance Recipients Regarding '14-tle VI Prohibit.l.on Against National Origin Discrimination Affecting Limited English Proficient Persons; the Hawaii State Fair Employment Practices Act, Chapt. er 378, Hawaii Revised Statutes; and all other applicable ffederal and state laws, rules and regulations . 9. 'Grantee assures Agency that if it is required to formuiate an Equal Employment Opportunity Program in accordance with 2 . F. R, §§ 42 . 301 et �seq. it will submit a certification to Agency that a current program is on file. 10. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and ot-1her evidence which sufficiently, accurately and properly retlel-t- a 'i direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant-, to --his 'Contract . Grantee shall ensure that its own books, record.-,, ariddocuments are available for inspection, reviews or audits at a-111 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.091,'2017) Bureau of justice Assistance may require. Grantee shall submit quarterly financial reports fifteen 115) calendar days after the, end of each calendar quarter. Grantee shall.. submit month*ly requests for funds and cash balance reports fifteen. (15) calendar d3;vs after the end of each month. The final fiscal, reports must be received by Agency within sixty (60) days after the date thi-s Contract terminates or unless mandated earlier by Agency. Records ard financial accounts shall. be retained by the Grantee and shall be accessible to Agency and the United States Department of Just-Ice for at 'Least three years after Agency' s grant with the Bureau of Justice Assistance is closed. 11 . The final drawdown for funds must be received by Agency within thirty (30) days after the date this Contract terminates . 12. Any funds provided to Grantee under this intract which are unencumbered on the date this C-.- Contract t-e.rm .nates shall be returned to Agency; all. funds provided under this Contract which are encumbered but not disbursed within sixty f" 60) days after this Contract terminates gha.11. be returned to Agency. 13. Grantee shall submit progress reports as require(J. for the Act funds to Agency as stipulated under Part V. �D-f the Application for Grant, Attachments, Acceptance of JAG Special Conditions. (Rev.09/2017) 14 . If so required by Agency, Grantee shall certify to Agency that any expendable or nonexpendable personal. property pnurchased 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) clays after the date this Contract terminates. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency and such personal property shall be delivered to the Agency in good working order upon expiration or sooner termination of this Contract. D. PERSONNEL. 1 . Grantee shall secure at its own expense all personnel required to perform the services required under this 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. 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 ,anlv of the services or activities required under this r Grantee agrees that the period of each subcontract shall not exceed the term of this Contract, and funds to the private organization n( E. be released unless and until the requirements set forth _)4 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. A111 subcontracts shall be reduced to writing and shall, include all provisions of this Contract required of ;,�-antee . F. SERVICES AS INDEPENDENT CONTRACTOR. I In the performance of the services requi.red- under this Contra t, Grantee shall be an independent contractor with the authority to control and direct the performance and Jetai-Ls cf 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 ,:)f this Contract. All persons hired or used by Grantee shall be Grantee ' s 11 (Rev.091/2017) a -rits and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work an-i 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 personsi for all loss, cost, damage or injury caused by Grantee ' s agents and employees in the course of their employment . The performance of work Under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee ' s agents and employees to vacation, sick leave, retirement, or, other benefits directly afforded state employees by statutes. Grantee shall, be responsible for payment of all applicable federal, state, and county fees which may become due and owing by the Grantee by reason of the Contract, including 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. 12 Qv,09/2017) 1. Subject to continuing availability of funds, A 9 en t:--y agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed seventV-seven thOLIsand five hundred forty-eight and 00/100 dollars ($77, 548 . 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, slpplAes, 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 heerer-o 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 t-,o 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 u s e under t h i.s Contract-. shall be subiect to the allotment system as provided 1',r, i'l-tapter 37, Hawaii Revised Statutes , 13 (Rev.09,120t7) 2 . PayTrents to Grantee under this Contract .aha.111 be made in accordance with and subject to the following prolei's, a. Payments shall be made monthly upon receipt of Grantee ' s completed request for funds . b. All payments shall be made in accordance w ' th and subject to Chapter 40, 11awa 4i Revised Statutes, which specif ies the accounting procedures and controls applicable to payments out of the 'i"Ireasury of the State of Hawaii. C. If an amount of reported expenditures is ,liminarily determined by Agency to be inappropriate and unallow�abie, Agency may -deduct an equivalent amount from the ne;oct payable installment and may withhold payment of the amount of the M'Orlevs equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means . If, a.ft,er payment of the last installment, investigation and exami natici-, 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 AcTency' s preliminary determination of appropriateness and a I lowabil ity. d. Failure to submit required reports by the applicable deadline will result in the withholding of paymen�Es 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. 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 ._:f. Grantee . Grantee shall indemnify and save harmless the, State of Hawaii, Agency, and their officers, agents, and employees from ai-id 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 ,.h-ir officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely OIL- 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 ',-,hle, State of Hawaii, Agency, and their officers, agents, and employees 15 (Rev,09/21017) to the extent permitted by law, and it is understood that payment is subje-,,:7t to appra,,7a3 by the county council/or city council, as 'the case may be. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, s U TITIMary, table, map, or study given to or prepared or assembled by GranLee dei r this ontract which - -itified as proprietary o ir- is id r co,n f i d e n t i a IL information that Agency requests to be kept: c-o-Infident-ial; shall be safeguarded by the Grantee and shall. not be ma,.Je available to any individual or organizat Lon other than any subcont-rac-tor to which the material may relate, without prior w " ttert approval (--)f Agency. Grantee shall submit a completed completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of i d e n t i f 1-ab I.e re. e,,irch/stat.istical data . All i.nformation, data, or other material provided by the Grantee or the Agency shall be kept fi.dent-ial only to the extent permitted by law. Grantee sha ' comply with the requirements of Chapters 4877, 487N and 48'7R, Hawaii Revised Statutes as applicable. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all, m.at;er. both finished and unfinished, which is developed, 16 (Rm Wi2017) prepared, assembled, or conceived by the Grantee pursuant. to thi-s Contract, and all such material shall be considered "works made for hire . " No summary, report, map, chart, graph, table, study or ot-hr-r documents or discovery, invention, or development produced in, whole r-,,r ii.r. 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, o rL its subcontractors without prior written authorization fr"" m Agency. To the extent that any material, summary, report, Mat-), chart, graph, table, study, or other documents, or discovery, invention, or development tinder this Contractis 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 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 (--rantee and the Attorney General or the Attorney General ' s designee . Modifications, alterations or changes to provisions of 17 (Rev.0912017) 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 he requested in writing by Grantee or Agency, up to forty-five 145) 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 approvai 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 (Rev.002017) under this Contract or any extension thereof, or if Grantee IDreaches 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 W J"thin the time specified by Agency, Agency shall have the riLght+ to terminate this Contract by giving written notice toGrant-,ee of such termination ten ( 10) calendar days before the effective data of suc.h term nation, The Grantee shall continue performance of tile Cont-'ract to the extent it is not terminated. Notwithstanding Herrn rrat .c n of the Contract, and subject to any directions from tJ'ie Agency, the Grantee shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Grantee inwhich the Agency has an interest. 2 . Furthermore, Agency may terminate this Contract without statement of cause at any time by giving wri-t-ter. 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 typ,,�.--, all fir .sired or unfinished documents, reports, summaries, lists, -harts, grape, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency, become Agency' s property and, together with all information, data, reports, records, maps, and other materials (if any) provided ' o 19 (Rev, Og!'.10 17) Orantee 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 shali 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. 20 (Rev.09!2017) Any dispute concerning a matter of fact arising Jer t� '-s Cont�,.-act 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 c C J Ire. on L Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contrai,--t in accordance with Agency' s request . The validity of this Contract and any of its terms or provisions, as well. as the rights and dned b uties cif" the parties to this Contract, shall be gover Y the laws of the State of Hawaii . Except as otherwise provided -in th lis Sie�,--ticn, any action to enforce this Contract or for breach of thi-s "--'ontract 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 t--o this Dont ract. Any such exhibit shall be attached hereto and thereby incorporated herein. (Rev.09,!20 17) IN WITNESS WHEREOF, the parties hereto have executeci this Connact. DEP ARI'MENT OF THE ATTORNEY GENERA.T., STATE OFHAWAII, ("AGENCY") V''/11-1,1­5 By Print Name DanaViola Its F, ir:q.t Deputy Attorney Cert:al. Date JUN HAWAII POLICE EPARTMENT COUNTY OF HA II (-GALIEE") By Print Name Titl 9r- Date tf� E E PA I I (_ _WITM APPROVED A'S TO FORM AND' APPROV RECOMMENDED T-C,A ,T T JX �Ty/� B,y j By P.t.,int, NiiTrze P,(fj,(e, N SCWO Print Name -Paul Ferreira-­­­ TitAip Cc,,r2f_ at-, on r vo Ll n s e I TitD ' Chief of PoYjjlice atele 22 (Re-v.091/2017) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL APPLICATION FOR GRANT FY 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PART TITLE PAGE A, PROJECT TITLE: PRIORITY DRUG ANALYSES PRODUCTWITY Ti. APPLICANT AGENCY. HAWAII POLICE DEPAR17MENT SYSTEM FOR AWARD MANAGEMENT(SAM) C. REGISTRATION: 0 Yes Q No DUNS No. 613154335 — 1). APPLICATION RANKING WITHIN AGENCY: __.- (as determined by agency head) E. ADDRESS: 349 KAPIOLANI STREET ry City HILO — Zip 96720 PRIMARY PLACE OF Zip + 4 F. PERFORMANCE: City HILO — State 1:11 digits 96720-3998 G. PROJECT PERIOD- From March 1 2019 To DecSmber a,2019 AUTHORIZED PROGRAM It, AREA: Drug Treatment and Enforcement PProgL4ins Eq.rensic Ca -ou Xablitiqs�Technolo ca Improvement _d 1i _J -_- 1. PRIORITY AREA; Both evidence-based and agency cot&bratiimn ge 3, TYPE OF APPLICATION: New Continuation El K. TOTAL PROJECT AMOUNT. S77* L. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding?. Yes El No 0 If)Les,then provide name of the source or grant program and the amount of funds that is being sought: Source Amount M. PROJECT DIRECTOR Name: Ka Title: Criminalist III Address: 349 Kapiolani St, Hilo,HI 96720 Telephone 808-961-2286 E-Mail: lath Xpung@h N. FINANCIAL OFFICER Name: Flauoli Aiona Title. Accountant IV Address: 349 Kapiolani St. Hilo,fit 96720 Telephone: 808-961-2273 E-Mail: FOR CHAD USE ()ate received: Project Number- EXHIBIT A APPLICATION FOR GRANT FY 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PART 11. DESCRIPTION OF PROJECT A. THE PROBLEM Forensic drug analyses labs in Hawaii and most of the United States use Gas ChTorriatography/Mass Spectrometry(GC/MS) and Fourier Transform Infrared Spectroscopy(FTIR) instrumentation for the identification of controlled drugs, These laboratory instruments are highly technical and like computer hardware/software, must be continuously maintained and updated. Well maintained instruments over time need to be replaced due to lack of parts, support,or obsolescence due to software compatibility. The Hawaii Police Department(HPD) Crime Lab does not have funds to replace aging drug analysis instrumentation that have reached manufacturers end of support in 2014. The manufacturer of the Gas ChromatogTapli/Mass Spectrometer(GC S) system currently provides an annual service contract which includes an annual preventive maintenance service,however, the contract does note that there is no guarantee that parts will be available or that,the instrument will be "repairable". The manufacturer of the Fourier Transform Infrared spectrophotometer(FTIR) systems currently provides a service contract that only provides an annual preventive maintenance service. The contract does not includes onsite repairs should a problem arise with the FTIR instruments. 1"he Crime Lab was able to procure a few small grants in recent years for laboratory accreditation and training, earning ASCLD/LAB (now known as ANAB) accreditation in March 2017. The small grant funds were not enough to replace instrumentation. HPD has obtained large grants in recent years to update other higher priority needs. The aging drug analyses instrumentation were obtained through grant funds, one GC./MS and two FTIR systems in 2003; a second GC/MS and two UV spectrophotometers in 2006. The updated instrumentation with full coverage service contracts, substantially increased drug analysis productivity, successfully addressing the increased case assignments which had nearly doubled from 1998 to 2003. The drug analyses case back to was eliminated in 2007. Recent casework required individual.drug identification confirmation.for one hundred seventy five(175) controlled prescription tablets. The automated system was programmed to operate over a series of nights and weekend, injecting and processing each of the 175 tablets. This recent case illustrates the need for Crime Lab instrumentation to be updated and working property to maintain productivity. With accreditation and increasing demands from the courts for Crime Lab documentation of lab work, instrumentation, and operations, it is critical that laboratory equipment and instrumentation are working properly. Recent problems with a GC/MS computer workstation took the system out of service for a period of time, decreasing productivity and timeliness of results, The HPD Computer Center team was eventually able to find ailolder model back up computer to install AG/CP.IAD#1 (Rev Ol/0.412018) Windows XP (operating system compatible with the obsolete GC/MS software), The manufacturer of the GC/ S system does not recommend updating the software program, citing the potential problems associated with intercommunication between the software, electronic boards, and local area network between the system components. The instrumentation have been taken out of service for short periods oft me in the past few years. The age and extended non-nal wear of the instrumentation will eventually cause more frequent and longer periods of down time, decreasing productivity and timeliness of drug analyses results. An updated GC/MS system with updated mass spectral library will also improve drug analvsi,,,,,productivity by decreasing the amount of time needed to identify designer drucs. not included in our outdated mass spectral libraries. An updated FTIR system with automated validation system will improve drug analysis productivity by automating the system validation/check currently performed manually, daily. It will also improve the quality of our forensic drug services by automating the documentation of FTIR daily systems checks, rather than handwritten documentation which can be difficult to read at times, or at risk for transpositional errors— With accreditation and increasing demands from the courts for Crime Lab documentation of lab work, instrumentation and operations, it is critical that laboratory equipment and instrumentation are consistently working properly and reliably. B. GOALS AND OBJECTIVES GOAL: To improve the CJ system by assisting with addressing drug enures in Hawaii County and continue efficient drug analysis processing with improved abilities to identify new and emerging dangerous (or move() drugs. OBJECTIVE I: Maintain drug identification services at HiPD Crime Lab at the same level of drug cases as compared to 2017 (1341 assigned) by purchasing a new GC/MS and FTIR. OBJECTIVE 2: Increase the GC/MS library of drug spectra from NIST02- 175,000 spectra with the old instrument toNIST 17 - 300,622 spectra with the new machine. OBJECTIVE 3., Improve the quality assurance reports for FTIR by updating the process from a manual performance check to autornated reporting systema. C, PR03ECT ACTIVITIES MARCH 2019: submit GC/MS and FTIR specifications for bid/procurct-nent APRIL 2019: review bid and complete purchase/order JULY 2019: receive and install GC/MS and FTIR system and AG/CPJcru#1 (RevOl/03/2018) JULY 2019: 1-3 day training in Hilo on the newly installed systems AUGUST 2019: Verify/validate that the GGMS and FTIR systems are working properly SEPTEMBER.2019: GG'MS and FTIR system ready to use in cases D. PROJECT ORGANIZATION AND MANAGEMENT Project Director, Kathy A. Pung, Crime Lab Supervisor/Criminalist 111. The Project Director will work closely with the Police Department Finance section and County Purchasing department to procure updated- GC/MS and FTIR,accessories, and training. The Project Director will. • provide instrument specifications • assist in reviewing bids • perform data collection,measuring program ouputs and outcomes • complete progress reports and grant related forms • maintain a grant file documenting communications and transactions. Financial Officer, Raynette Fukui Accountant 11.1. The Financial Officer will ensure that the grant is routed through the Hawai'i County Council for approval and acceptance, and all required signatures are obtained, and will work closely with the Project Director and County Purchasing Department to procure the updated GCYMS and FTIR systems. The Financial Officer will: • complete required financial reports • maintain a.grant file documenting financial transactions E. PERSONNEL No new personnel will be funded with this grant. F. BRIEF PERSONNEL BIOGRAPHIES Kathy A. Pung— Lab Supervisor/Criminalist III Criminalist Pung has a B.A. in Chemistry from the University of Hawai'i at Hilo, and M.S. in Pharmaceutical Sciences [Forensic DNA & Serology] University of Florida. American Board of Crimmalistics (ABC)Thug Analyst certified in 2008 Brian N. loge—Criminalist II/Laboratory Quality Manager Criminalist Koge has a B.S. degree in Medical Technology from the University of Hawaii at M. anoa. Employed by HPD 1990 - 1999 as a Criminalist I,rehired as a Cri.minalist 11 in 2008- present. American Board of Criminalistics(ABC)recertified as a Drug Analyst in 2010. Christine N. Lawler—Criminalist It AG1CTJAD#1 (Rev01/03/2018) Criminalist Lawler has a B.S. degree in Chemistry and M.A. in Criminology& Criminal Justice from Arizona State University. Employed by HPD 2014-present International Association for Identification 11 1) Crime Scene certified.in 2017. Jennifer S. Mi.naai— Evidence Specialist 11 Evidence Specialist Minaai has a B.A. degree in Biology from the University of Hawai'i at Hilo. Employed by HPD 2008 - present Mary S, Midkiff—Evidence Specialist 11 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. Employed by HPD 2017 - present. International Association for Identification(IAA) Crime Scene certified 2al 3 -200 G. PARTICIPATI.NG AGENCIES Hawaii Police Department Crime Lab. IL PERFORMANCE INDICATORS/OUTCOMF MEASURES OBJECTIVE 1: Maintain drug identification services at HiPD Crime Lab at the same level of drug cases as compared to 2017(1341 assigned)by purchasing a new GC/MS and FTIR. Number of drug cases assigned to criminalists monthly over the grant period. This will be gathered using an internal excel worksheet that K Pung reports to. OBJECTIVE 2. Increase the GC/MS library of drug records from NIST02 - 175,000 spectra with the old machine to NISTI 7 - 306,622 spectra with the new machine. • Number of drug records available with the newly installed GC/MS. This will be gathered through the specs provided with the new GC/MS installation. • Number of staff members trained on the use of the GC/MS machine based on training sign.in sheets. OBJECTIVE 3: Improve the system of reports through FTIR by updating the process from a manual reporting to automated reporting system. • Date new FTIR is installed with the automated reporting system. This will be reported through the,specs provided with the new STIR installation. • Number of staff mernbers trained on the use of the FTIR based on training sign in sheets. AG/CKIAD#1 (Rev 01103/2018) PROBABILITY TO IMPROVE THE CRIMMAL JUSTICE SYSTEM AND SUSTAINABILITY PLAN This project will improve the criminal justice system by increasing drug analysis productivity through updated instrumentation., guaranteed manufacturer support, updated drug identification libraries, and automated system validation checks. This project will ensuring timely analyses and results, and prevent potential drug analysis backlog should an instrument break down, This is a project the Hawaii Police Department can sustain, 'The Hawaii Police Department has a budget dedicated for Crime Lab equipment service and maintenance. AG/CPJAD#1 JROvOVO-1/2IDI8) APPLICATION FOR GRANT FY 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PART Ill. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL- COSTELEMENT AMOUNT A. Salaries and Wages No.of Position'title Positions Monthly rate Subtotal $ $ N .of No.of Position Title Positions Hourly Rate Hours Subtotal $ Total Salaries and Wages tl 1 efits(&..............................B. Fringe Benefits Ernployce B __% No.of Position Title Positions Monthly Rate Subtotal $ $ $ No.of No.of Position Title Positions Hourly Rate flours Subtotal $ $ Total Fringe Benefits , $0 C. Consultants/Contracts Length of Consultant/ Estimated Contract Scope of Consu.lta..nti(..'ontract Cost Service Select as App yopriate n Consultant Q Contract $ 0 consiult t Q Contract Itemize for mainland,mterWand airfare No,of No:of ground transportation,rental Travelers as Days car,per them Unit Cost applicable Subtotal $ $ Total Consultants/Contracts tl AMOUNT AG/CPJAD#1 (Rev0t/03/2019) COST ELEMENT i D. I razes sortation and Subsistence l'o� of Itemize for mainland interisland -Fravelers No. of airtare, ground transportation. as Days rc rail car,per diem Unit Cost a lieable Subtotal Total Transportation and Subsistence 0 F. Office Supplies i Itemize supplies and related assts Cost by Unit :such as printing_paper,binders, � etc. Quantity Subtotal Total Office Sao plies tl F. E ui ment f , { Specify equipment that will be purchased.leased.or rented, uantity Cost by Unit Subtotal ( GUMS training,accessory 1 $38774 $38774 FTIR trainint-R.accessary 1 $38774 $38774 } I E Total lx ui n ezxt $77.x48 r G.(thew Costs Quantity Cost by Unit Subtotal k Total Other Coasts f H. Indirect Costs (lase. Rate(";'o;} Subtotal E I 'rotas indirect Costs $0 TOTAL PROHCT COSTS $77,548 AG1CPJAD#1 (RevI1110312018) BUDGET EXPLANATION: A. Salaries and Wages $0 B. Fringe Benefits The composite fringe benefit rate is at 0% for()(fist positions). The rate consists of the following fringe benefit items and computed rates: $0 C. Con sultants/Contracts $0 D. Transportation and Subsistence SO E. Office Supplies $0 F. Equipment Partial payment of a new GCIMS system, training and accessories at$38,774. The remaining of the costs will be paid through the FY 2016 JAG grant. GC/MS includes: ALS; computer workstation; laser printer; updated mass spectral library; tr.aining-, extended warranty(from March 1, 2019 to December 31, 2019) & service contract Partial payment of a new FTIR system,training and accessories at $38,774. The remaining of the costs will be paid through the FY 2016 JAG grant. FTIR system includes: computer workstatiow, laser printer; system validation package. sampling accessory, training extended warranty(from March 1, 2019 to December 31, 2019) & service contract G. Other Costs so H. Indirect Costs AG/CP3A0#1 (Rev O110312018) IV. Attachments DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF JAG SPECIAL CONDITIONS 71-he 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 eril ication 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 omissionof a material fact) may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, andfor 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). 801-3812). 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. Applicability of Part 200 Uniform Requirements Grantee agrees to comply with the financial and administrative requirements set forth in ) C.F.R. Part 200 and the current edition of the Department of Justice(DOJ) Grants Financial Guide. Grantee understands and agrees that CPJAD may withhold award funds, or may impose other related requirements. if the Grantee,does not satisfactorily and promptly address outstanding issues ftorn audits required by the Part 200 Uniform Requirements(or by the AGIfCPJAD#26 FY 2017 JAG Special Conditions(revised OM018) terms of this award), or other outstanding issues that arise in connection with audits, investigations,,, or reviews of CPJAD awards. I 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 to on, The username and password will be provided by CPJAD after the contract is, MCLIted. The PMT web address is https:,'i"www.b,iaperfon-nancetools.org The BJA reporting periods and due dates are-, • January I - March 31 Due-, April 15 • April 1, -June 30 Due, July 15 • July I - September 30 Due: October 15 • October I -December 31 Due: January 15 Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability met-tics 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 fallowing 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 I - 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 prqicct period. Thee appropriate report abrin will be provided to each project by CPJAD (AG./CPJAD420). T'he 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 016 by: AG'CNAD#26 FY 2017JAG 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.hotlincL&usdcj.gov Hotline: (contact information in English and Spanish). (800) 869-4499, or Hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usd(,)j.gov,/oig O� 41 [J-S.C, 4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee must comply with, and is subject to, all applicable provisions of 41 U &C4712, including all applicable pro-visions that prohibit, under specified circun-tstances, 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 tinder 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. Re& 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 inaterials developed or delivered with funding provided under this award must adhere to the OJP Training AG�;CPJAD#26 FY 2017 JAG Special Conditions(revised 02r2018) 3 Guiding Principles for Grantees and Sub-grantees, available at https,,,',,"WWW.ojp.usdoj,,govl,'fuiiding/ojptrainingguidiii,gprind ples.litm 9, Inforination Technology Compliance To avoid duplicating existing networks or Ilsystems in any initiatives funded by BJA for taw 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 tends 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 iterns for which funds are being provided under this CPJAD award, the Grantee will promptly notiI'v, 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-Disclosurc Agreements and Related Matters No Grantee or subgrantee tinder 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.ctfli.org). This training will address task force perforniance 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 VPJAD#6 FY 21017 JAG Special Conditions(revised 02/2018) 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 %ubgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OOP web site at littps.,,�)'oip.gov/fundingiExplore/ProhibitedConduct-Trafficking.htin(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 can the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from variotts"general provisions" in the Consolidated Appropriations Act, 2017, are set out at jjqps- djpgj,..Vjgrc/FY 17 arcs nation Reser otic s.l t z� 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. 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 areligious 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 subgramees that are faith-based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://wNvw.eefr.gov/cgi-bi.n/ECFR?page=browse,), AG/CPJAD,426 FY 2017 JAG Special Conditiow;(revised 02;20 18) 5 by,browsing to Title 28-Judicial Administration., Chapter 1, Pad 38, under c-CFR "current" data. W 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. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 17. Restrictions on "Lobbying7 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 level of government. See 18 U-&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 US.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal orgyani zat I Otis� Should any question arise as to whether a particular use of federal funds by a Grantee for subrecipient) would or might fall within the scope of these prohibitions, the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPjAD. SUBMITTED BY-.;--� "-Qo MAY -9 2019 Siartature: Date: ---------- ............ Name: Paul FerreiraTitle: Chief of Police Aoenvy: lfawaiil`olice . .......-................... A&VIIJAD r26 FY 2017 JAG Special Conditions(revised 02/2018) to DEPARTMENTOFTHE ATTORNEY GENERAI... Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees.on behalf of the applicant agency, that - I This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System Improvement Formula Grant Program established under Title VI,Subtitle C,Part E,Subpart 1,ofthe 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, Pan 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 F, 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 Bands. SUBMITTED BY,.,� Signature: Date: MAY - 9 2019 ..................................................................................... ................. ............ Name: Title: Chief of Police Agency: Hawaii Polic .D V; _kr AG,ICPJAD 14. 06/02 DEPARTMENTOFTHE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence Of Such federal aid,be made available for law enforcement, criminal justice. and victim compensation and assistance activities, SUBMITTED BY- Signature- Date: MAY -9 2019 ............... .............. Name: Paul Ferreira Title: Chief of Police .............. ............ Agency: AG/CPJAD#3 06/02 DEPARTMENT GP THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTI FICATION OF NONJ21SCREMEMATION G M + EA I The U.S. Department ofJustice,Office of Justice P ( JP),Office for Civil Rights(GCS) has jurisdiction to investigate complaints of discrimination against recipients of funding from CEJ P (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. Th re, I certify that the Hawaii Po zep QeRadMt, (name of agency) has non-discrimination,complaint procedures which include; (l) a coordinator who is responsible for overseeing the complaint process. The agency's coordinator is. Ch of of Poll (808) 961-2243 Name Title Phone (2) a procedure to ensure that beneficiaries or employees of subrecipents 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. ( ) 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 th+e 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 oft the investigation. SUBMITTED BY; MAY 9 i sigrsaturw. bate: Name; ul erreira Title: tLcfaLP-Q l' (Head of Agency or Designee) AG/CPIAD#30 6/2010 DEPARTMENT OF TIli ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION I certifyr that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discri'mination requirements of: • The Oninibus Cinne 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 cif 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 CYR §42.201 gt IM) • Title VI of the Civil Rights Act of 1964, which prohibits discriminationon the basis of race, color or national origin in Office of Justice Programs, Office of Community Oriented Policing Set-vices. and Office on Violence Against Women funded programs or activities. (42 U.S.C. §20000 and 28 CR 42.101 et,sqaj • Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in 0flice of Justice Programs, Office of Community Oriented Policing Services,and Office on Violence Against Women funded programs or activities.(29 US.C. §794 and 28 C.F.R. §42.501 et M) • Section 1407 of the Victims of Crime Act (VOLA), which prohibits discrimination oil 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 Cominunity Oriented Policing Services, and Office on Vii-,)Ience Against Women funded prograins,or activities. (42 U.S.C. §12132 and 28 C.F.R. Pt. 35) • Title fX of the Education Amendments of 1972, as it relates to discritrimation 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�%) • Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. • Executive Order No. 13279 and 28 CYR pt, 38 regarding equal protection of the laws for faith- based organizations. • The Violence Against Women Reauthorization Act of 2013, Pub, L. No. 113-4, 127 Stat. 54 § 3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation. or disability in any program or activity funded in whole or in part with funds made available through VAWA or the Office on Violence Against Women. (42 U.S.C. § 13925(b)(13)). No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of iustice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or terrinnation of funding. SUBmiTTED BY, MAY -9 2019 Siinlature: Date: Name: Paul Fcrreira Title: CIUef of Police Agency: Hawaii Pplice Department AG,CPJAD`i15 (revised 7;'26715) 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 19160-1921 1). (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 MV 9 2019 Signature Date Hawaii Police Department Name of Organization 349 Kapiolani Street Address of Organization Hilo, Hawaii 96720 OJP FORM 4061!1(REV,2189)Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below, 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5, The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated, 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List, 8. Nothing contained in. the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP)Requirements Please rt,,,ad care/n/ty the histructions'(see below)and than compilete Section orSection B orSeclion C not all three, if I recipient .Ooiplete,s Section A or(",and sur rants a sin Ie award aver$500,000, in addition,please craft.ltr e,Section Ll. Recipient's Natne:Hawaii Police Department Address:349 Kapiolanj Street,Hilo,Hawaii 96720 Is agency a,_,: Direct or Pm Sub recipient of OJP,OVW or COPS ftjndinj�'��" I aw nfiircement A cflc ? 4 Yes ,..;No DI I NN S N urn ber:61,3154335 Vendor Number(only if direct recipient) Naine and 'I'Itle of Contact Person:Kathy Puts I cle)hone N timber:808-961-2286 E-Mail Address:kathy.pungeria"ficounty.gov in' Section A crom,l 9 I'lease cherk tis 1:1 Le!it than fi °eirttrf Ib c Nonprofit OrganizWon ol'tnsotution t R�'Mvmg'awwo(s)less than$25.000, fri,�iipfntsible cian, certify f y that, it 'ia at 'to 28 C.F.R §42.301 [recipient),is not required to t prepare'46t, puirsuan I further certify that [recipient] 'W 'lii* -at and in the delivery of will comply with app " 1, ""one services. if recipifint stiihTM�a A*WokA-`� coWoe Section D eat, Date _if Print or Typ'e'same tw T# 0011 Section B--Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review It s1 re(j&ent agencl,has.fiftv or more emplovees and is receiving a single award or,subaward, ot$25.000 or more, but less than$500.000their) the i-ecipient agency does nol htive tosubinit on EEOP to the W'R for revivAv as long as it certflies the ollowing(42 C.T`R, 12,305�' Paul K,Ferreira,Chief of Potice Official, certify that Hawaii Prance Department JPrancei ------------- frecipient),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 FFOP in accordance with 28 ClFlkpt.42,subpt E. I further certify tliatN�'itliiiithe last txVCruV-f0Lu*months, the proper authority has forrilulated and signed into effect the EEOP and,as required by applicable federal laxv, It is available for review by the public,employees,the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Hawaii Police Department [organization], 349 Kapidani Street.Hilo,01,46720 .......................................__.............. ae.klress I MAY 9 2019 Paul K Ferreira,Chief of P0ce Xinr or Ta~ e Nome coui Title sikwntry Vale M Ib ift,im the,Office for Civil A. 'W A Section C­,-DiedifitiowStidl UA Rights for Review- , then ose recipie"t ageney wt 11'a recipie nt,*9neV has,fifiv.J�r i��`e*67W_d9 m 'W"" or 4**'0041i:or' orl� MUS/Send an&00'AoWJorm to fh�ookpr r' W"_W [responsible .17604. certify that �Mort,��et mrnore'has formulated or [re which hasfiflyor ` ' ,_'V�� , with 28 C:M'Ot""'4 V EEOP in accordance " % A, -sd*,I't, 40,r ie i ew on po ustce- of [dittel to the Office1or Civil R' u Ji _t a sub�xrC01*10te section D if iecipient ano 'r(1,110ver- 'si"" , Date Print or Zia Section D----Declaration Stating that Recipient Subawards a dingle Award Over$500,000 1;0 ;V(rfx7if9 l+kgc of r. subalvards ca single award q1$ )(,J,0O0 cw more then t/tc gr-an inn agency should pry vide tt list, ittcluditrg, 11,11 re,ra(N e,:,. rrJ 1)r 1 4' of ecrch such suh-rec ipiew, -{ i t nt cnc}'l trm 'Acc#res Sub-Recipient DUNS Number � t r __........... I t i t 1 t a t t I if udehth,rnfd space in raeeessaty.please dupheate this page, ()",III 0411T01 1 NO 1121-o34f)hNpiraliou Date. 1,21,3112015 INSTRUCTIONS Completing the Certirication Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Oranibus Crime Control and Safe Streets Act(Sate Streets Act)of 1968. as '1111011ded, require some r&ipients of financial assistance from the U.S, Department of Justice subject to the statute", administrative provisions to create,keep on file,submit to the Office for Civil Rights(OCR)at the Office of Justice Proiffati)s(OJP) 'for review, and implement an Equal Employment Opportunity Plan(EFOP), &,e 28 C.F.W pt.42,sulipt. E. ..111 awards from the Office of Community Oriented Policing Services(COPS)are subject to the EFOP requirements: roam, awards from Mp, including awards from the Bureau of Justice Assistance(BJA), the C)fficfJtivenife Jttatice.and Delinquency Prevention(OJJDP),and the Office for Victims of Crime(OVQ are subject to the EEOP requirements, and mativ a,.vards fro.in the Office on Violence Against Women(OVA)are also subject to the EEOP requirements. IfyMi have anx,questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's E l"OP requi rernents. please consult your grant award document,your program manager,or the OCR. Recipients shquid complete either Section A or Section Bor 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 rite rev-ulatious exempt some recipients from kill of the EEOP requirements. Your organization tilay claim an exemption from a froil ofthe M)P requirements if it meets any of the following criteria. it is a nonprofit organization,an educational institutl(lu,a inedical institution,or an Indian tribe-, or it received an award wider S25.000;or it has less than fifty eniplovecs. 'Fo claim the complete exemption from the EEOP requirements,Complete Section A. Section B Although the regulations require some recipients to create, maintain on file,and implement an EEOP,the regulation,,,, allowsonic recipients to foret-yo submitting the EFOP to the OCR for review, Recipients that(1) are a unit of state or local 'to - and(3) k,ernment,an agency of state or local government,or a private business; and(2)have fifty or more employees-, have received a single grant award of$25,000 or more.,but less than $500.000, may claim the limited exemption from the s,Lihmi.qsion requirement by completing Section B. In completing Section B. the recipient should note that the EEOP on file has been prepared within twenty-four.months of the date of the most recent grant award. Section C Re,oplents that(1)are a unit of state or local government,an agency of state or local govern cent,or a private business, MId(2)have fifty or more employees,and(3)have received a single grant award of$500,000 or inore,must prepare, timintain on file,submit it)the 0('R*for review,and implement an EEOP. Recipients that have submitted an FEOP 1-Ttilization Report(or in the process of submitting one)to the OCR, should complete Section C. Section D Recipients that (F)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 sit it.electronically scan the signed document. and then send the signed document to the following e-mail address: 1'10P[ The docutnew tritest hare title:EITOP Cerifflcation. If you have quest[ons about completing or submitting the Certification Forin,please contact the Office for Civil Rights, Office of Jusaice Programs, 8 10 1 th Street, NW,Washington,DC 20531 (Telephone:(202)307-0690 and'ITY: (202) 307-21027), %111 App"wal NoH-2 1-0340 Fxpiratinn 11ah;. 1--3t,15 Public Reporting Burden Statement paperwi.,)rk 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-,,vliicb impose the least possible burden on you to provide us with infortriation. 'I lie estimated InininlUrn average time to complete and file this application is 20 minutes per form. If you have any comments regarding g the accuracy of this estimate,or suggestions for making this form simpler,you can write to the cl Office of Justice Programs, 810 7th Street,NAV.,Washington, D.C. 2053 1,