HomeMy WebLinkAboutCOM 0017.017 2018-2020 JNtY OF p
Harry Kim Paul K. Ferreira
Mayor j Police Chief
Kenneth Bugado Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo,Hawai'i 96720-3998
(808)935-3311 Fax(808)961-8865
DATE: July 9, 2019
TO: AARON CHUNG, COUNCIL CHAIR AND .
COUNCIL MEMBERS
VIA: KA OSHI t ,CON R LLER
FROM: UL K. FERREI , OLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD w
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): 16-DJ-09
Amount of Grant: $97,452.00
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. late—AUG—1 22 019
k
DAVID Y.IGE �� � �" 1'` �� � LARE E.CONNORS
GOVERNOR •.i. ..-* " ' '., `- ATTORNEY GENERAL
DIAREYA
FIRST DEPLIY1TTtNYGENERAL
r w•
HAVIA11 POLICE
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
CRIME PREVENTION AND JUSTICE ASSISTANCE DivisioN
235 S.BERETANSA STREET,Son 40
KoNoLuw,HAWAII 96893
(808)586-1150
June 25,2019
The Honorable Paul Ferreira
Chief of Police
11au,aii Police Department
349 Kapiolani Street
Flilo,Hawaii 96720
Dear Chief Ferreira:
Enclosed is the fully executed contract for the fallowing prgjecf:
Project plumber, 16-DJ-09
Title. Priority Drug Analyses Productivity
Project Period: March 1,2019—December 31,2019
'Total Federal Amount: $97,452
You may begin to request funds for your project by submitting a completed Request for Funds
and Cash Balance Report (PPF)to our office. If you have any questions, please contact Dawn
Martin at 86-1164.
Sincerely,
Julie Ebato
Administrator
Enclosure
C:: CPJAD Fiscal Office
Kathy Pung
Kelsie K.ailiuli
Project Number 16-DJ-09
C 0 N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of march 1, 201 9._.._.r 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 Ka2iol-ani Street, Hilo, Hawaii 96720 hereinafter
called "Grantee. "
WITNESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S . C. §§ 3711 et seq. , as amended
(hereinafter "Act") , was enacted to make gra-nts to states and units
of local government, for use by the State or unit of local
government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and
information systems for criminal justice, including for any one or
more of the following programs
(1.) Law enforcement programs.
(2) Prosecution and court programs .
1 (Rev.0912017)
(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) C r ime victim and witness programs, (other than
compensation) .
WHEREAS, the Governor has designated Agency to serve as
Hawaii ' s office for administering the federal financial assistance
available under the Act;
WHEREAS, Grantee, as an agency of the County of Hawaii,
is qualified to receive funds available to Hawaii under the Act
and its respective implementing regulations, contained in the
Edward Byrne Memorial Justice Assistance Grant (JAG) State
Solicitation, and the Uniform Administrative Requiremem,ts, Cost
Principles, and Audit Requirements in 2 C.F. R. Part 200, as adopted
and supplemented by the Department of Justice in 2 C. F.R. Part
2800 (together, the "Part 200 Uniform Requirements*") , and has
applied to Agency for receipt of the same as a subgrantee;
WHEREAS, Agency has reviewed Grantee' s application for
funds, and is satisfied that all of the requirements of the Act
(Rev. 09/210 17)
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
.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
stipulations hereinafter expressed, do mutually agree as follows:
A. SCOPE OF SERVICES.
Grantee shall, in. a proper and satisfactory manner,
as determined by Agency, and in accordance with the terms and
conditions of this Contract, use the funds received under this
Contract for the purposes stated herein and in accordance with the
"Application For Grant" (Parts I through IV including all
certifications required under Section C) and the Acceptance of JAG
Special Conditions attached hereto as Exhibit "A" and by reference
incorporated herein. It is understood that this Contract includes
as a part hereof any rules, relevant directives or instructions
.issued by the United States or the Agency, including the provisions
3 (Rvv�09,12017)
of the federal Office of Management, and Bu,dget' 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 March 1, 2019 to ,and including December 31, 2019
unless this Contract is sooner terminated as hereinafter provided
or unless this Contract is extended in accordance with Section L.
of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDIT.IONS.
1 . Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Bureau of Justice Assistance, Part 200 Uniform Requirements, and
the effective edition of the "DOJ Grants Financial Guide. "
2 . Grantee shall comply with all the ordinances,
codes, rules and reaulatibns 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 (Rev.0912017)
4 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall complete,
execute and submit to Agency a Certification Regarding Drug-Free
Workplace Requirements which meets the requirements of the Drug-
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D,
U . S.C. , Title 4.1, Chapter 10, §702) , hereinafter referred to as
the "Drug-Free Workplace Certification. " A copy of the Drug-Free
Workplace Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the representations
made in the Drug-Free Workplace Certification are true at the time
this Contract is executed and will remain true throughout the
entire term of this Contract And any extensions, and that Grantee
shall fulfill all the requirements set forth therein. Grantee ' s
execution and submission of a false Drug-Free Workplace
Certification, or Grantee' s violation of any or all of the
requirements set forth therein shall entitle Agency to suspend one
or more payments under this Contract, and/or terminate this
Contract pursuant to the provisions of Section N of this Contract .
Grantee warrants that it is aware that such false certification or
violation of the requirements contained in the Drug-Free Workplace
Certification shall subject the State of Hawaii to government-wide
suspension' or debarment, or other sanctions which, in turn, shall
result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
5 (Rev.09/2017)
5. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to as
the "Debarment Certification. " A copy of the Debarment
Certification shall be included in Part IV of the Application for
Grant . Grantee covenants that the representations made in the
Debarment Certification are true, at the time this Contract is
executed and will remain true throughout the entire, term. of ' he
Contract and any extensions, and that Gr I antee 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 Certi.fication. i' 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,
6 (Rev.09/20 17)
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 TV of the Application for Grant. Grantee covenants that
the representations made in the Lobbying Certification are true at
the time this Contract is executed and will remain true throughout
the entire term of the Contract and any extensions, and that
Grantee shall fulfill any and all terms and conditions set forth
therein .
8 . Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and Safe
Streets Act'. of 1968 which prohibits discrimination in employment
and in the delivery of services or benefits on the basis of race,
color, national origin, religion, or sex; Title VI of the Civil.
Rights Act of 1964 which prohibits discrimination in the delivery
of services or benefits on the basis of race, color, or national
origin; Section 504 of the Rehabilitation Act of 1973 and Title IT
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
1,975 which prohibits discrimination in the delivery of services or
benefits on the basis of age; the Department of Justice regulations
7 (Rev-09""2017)
implementing the above-referenced statutes at 28 C. F. R. Part 42,
subpts . C, D, G, and 1, 28 C. F.R. Part, 35, and 28 C. F.R. Part 54 ;
Exec. Order No. 13279, 28 C. F.R. Part 38 (equal protection of the
laws for fait-h-based and other neighborhood organi2.ations) ; Exec.
Order No. 13166 and U .S. Department of Justice, Guidance to Federal
Financial Assistance Recipients Regarding Title VT Prohibition
Against National Origin Discrimination Affecting Limited English
Proficient Persons; the Hawaii State Fair Employment Practices
Act, Chapter 378, Hawaii Revised Statutes; and all other applicable
federal and state laws, rules and regulations .
9. Grantee assures Agency that if it is required
to formulate an Equal Employment Opportunity Program in accordance
with 28 C. F.R. § 42 . 301 et sem. 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 do-cuirie-rits are available for inspection, reviews or audits at
all reasonable times by Agency or, the, United States. Department of
Justice . In addition, Grantee shall prepare and submit to the
Agency reports in such form and at such times as Agency or the
8 (Rev.091"2017)
Bureau of Justice Assistance may require. Grantee shall submit
quarterly financial reports fifteen (15) calendar days after the
end of each calendar quarter. Grantee shall submit monthly
requests for funds and cash balance reports fifteen (15) calendar
days after the end of each month . The final fiscal reports must be
received by Agency within sixty (60) days after the date th.j...s
Contract terminates or unless mandated earlier by Agency. Records
and financial accounts shall be retained by the Grantee and shall,
be accessible to Agency and the United States Department of Justice
for at least three years after Agency' s grant with the Bureau of
Justice Assistance is closed.
11 . The final drawdown for funds must be received.
by Agency within thirty (30) days after the date this Contract
terminates.
12 . Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
f-' ermimates shall be returned to Agency; all funds provided under
th-L5 Contract which are encumbered but not disbursed wi,thin sixty
(60) days after this Contract terminates shall be returned to
Agency.
13 . Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under Part IV.
of I the Application for Grant, Attachments, Acceptance of JAG
Special Conditions.
9 (Rev.09,12017)
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 wil.1 be used for criminal. justice purposes before ti.tle
in such property may vest in Grantee. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates. If a certification is not provided by
Grantee, title 'to any personalproperty 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
any of the services or activities required under this Contract.,
Grantee agrees that the period of each subcontract shall not exceed
the term of this Contract, and funds to the private organization
will not be released unless and until the requirements set forth
in applicable state law and implementing rules are complied with
by the subcontractor. All subcontracts shall include provision--,
to ensure that Grantee is capable of satisfying the requirements
o J7 this Contract . All subcontracts shall be reduced to writing
and shall include all provisions of this Contract required. of
k-:2rantee.
F. 8ERVICES AS INDEPENnENT 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
(Rev.09/2017)
agents and employees and Grantee shall be responsible for the
accuracy, completeness, and adequacy of any and all work and
services performed by its agents and employees. Furthermore,
Grantee intentionally, voluntarily, and knowingly assumes the sole
and entire liability if such liability is determined to exist, to
its agents and employees or to third persons, for all loss, cost,
damage or injury caused by Grantee' s agents and employees in the
course of their employment. The performance of work under- this
Contract alone shall not be construed as employment with the State
of Hawaii and shall not entitle Grantee ' s agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state- employees by statutes . Grantee shall be responsible
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
arid 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 (Rev.09/2017)
1 Subject to continuing availability of funds,
Agency agrees. to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed ninety-
seven thousand four hundred fifty-two and 00/100 dollars
(q97, 452 . 00) to be spent for the purposes of this Contract . This
sum represents any and all compensation to be paid to Grantee for
any and all services it provides, and for any and all travel costs,
materials, supplies, equipment, overhead, taxes, and other
incidentals and operating expenses which it incurs or may incur in
connection with this Contract.
2 . It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under
this Contract to be payable out of federal funds, this Contract
shall be construed to be an agreement to pay such portion to the
Grantee only out of federal. funds to be received 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 tho,se which are received from the
federal government .
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter '37, Hawaii Revised Statutes.
13 (Rev0912017)
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
receipi_- 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 c.ontrals applicable to
payments out of the Treasury of the State of Hawaii .
C. If an amount of reported expenditures is
prel-imInarily 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 unti I later
resolution of the discrepancy by audit or other means . If, after
payment of the last installment, investigation andexamination
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
14 (Rev. 09/7-1017)
shall. continue to provide the services, programs and activities
during the period that payments are being withheld.
I . INDEMNIFICATION.
1 . It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or omissions
,of Grantee. Grantee shall indemnify and save harmless, the State
of Hawaii, Agency, and their officers, agents, and employees from
and against any and all liability, loss, actions, claims, suits,
damages, costs or expenses, including all attorneys' fees, and all
claims, suits, and demands therefor, arising out of or resulting
from the acts or omissions of Grantee, its officers, employees,
agei-tt.9, or subcontractors, occurring during or in connection with
the performance of Grantee' s services under this Contract, or
az i.si.ii out of or resulting from breach of this Contract by
Grantee. Grantee shall defend the State of Hawaii, Agency, and
their officers, agents, and employees against any such action or
claim unless the action or claim involves an act or omission solely
of Agency, its officers, agents, or employees.
2 . This section shall. not be applicable if
Grantee is an agency of the State of Hawaii.
3 . The County of Hawaii will indemnify the
State of Hawaii, Agency, andtheir officers, agents, and employees
(R.ev,0912017)
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
tinder this Contract which is identified as proprietary or
confidential. information that Agency requests to be kept
confidential. shall. be safeguarded by the Grantee and shall not be
made available to any individual or organization other than any
subcontractor to which the material may relate, without prior
written approval of Agency. Grantee shall submit a completed
Privacy Certification for review and approval prior to the
expenditure of funds for the collection of identifiable
research/statistical data . All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
(Rev.09112017)
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 withfunds 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 auLhorization from
Agency. To the extent that', any material, summary, report, map,
r-.harL, graph, table, study, or other documents, or discovery,
invention, or development. under this Contract is not recognized as
a "work made for hire" as a matter of law, Grantee hereby assigns
to the Agency any and all copyrights in and to the material. .
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or change
to this Contract other than to the "Application For Grant"
(attached hereto as part of Exhibit "A") or to the period during
which this Contract is in effect in Section B, including increases
(subject to the availability of funds) or decreases in the amount
of compensation, permitted by this Contract shall be made by
written supplemental agreement to this Contract and executed by
Grantee and the Attorney General or the Attorney General ' s
designee . Modifications, alterations or changes to provisions of
17 (Rev.09/2017)
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
lhe revisions in Exhibit "A. " Modif.i.cations, alterations or
changes to the periodduring which this Contract is in effect may
be requested in writing by Gran-tee or Agency, tip to forty-five
(45) days before the Contract would otherwise terminate, and shall
be effective as of the date approved by the Administrator of the
Crime Prevention and Justice Assistance Division (if requested by
Grantee) or Grantee (if requested by Agency) and made by attaching
a party' s written request with the other party' s written approval
thereon to this Contract . No oral modification, alteration,
amendment, change, or extension of any term, provision or condition
of this Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract .
N. TERMINATION OF CONTRACT.
1 . If, for any cause, Grantee refuses or fails to
satisfactorily fulfill in a timely or proper manner its obligations
18 (Rev.09/2017)
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
-,,ure 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 Lermination. The Grantee shall continue performance of
the Contract to the extent it is not terminated. Notwithstanding
Lermination of the Contract, and subject to any directions from
the Agency, the Grantee shall take timely, reasonable, and
necessary action to protect and preserve property in the possession
of the Grantee in which the Agency has an interest.
2 . Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving written.
notice to Grantee of such termination at least thirty (30) calendar
days before the effective date of such termination.
3 . In the event of, termination of either type,
all. finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency, become
Agency' s property and, together with all information, data,
reports, records, maps, and other materials (if any) provided to
19 (Rei, W20 t 7)
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 elate of termination. Agency shall determine the amount
of work satisfactorily completed and the amount of compensation
satis.factorily earned. If the termination is for cause, any other
p.rovisions to the contrary notwithstanding, Grantee shall not be
rel. i.eved of liability to Agency for *damages sustained by Agency
because of any breach by Grantee of this Contract.
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or
relinquishment of the Agency' s right to enforce the same in
accordance with this Contract . It. is expressly understood and
agreed. that no waiver granted by Agency on account of any violation
of any promise, term or condition of this Contract shall con.3titUte
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!20'17)
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General ' s duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee shall
proceed diligently with the performance of this Contract in
accordance with Agency's request . The validity of this Contract
and any of its terms or provisions, as well, as the rights and
duties cit the parties to this Contractt shall be governed by the
laws of the State of Hawaii.. Except as otherwise provided in this
Section, any action to enforce this Contract or for breach of this
Contract shall be brought only in a State court of competent
jurisdiction in Honolulu, Hawaii .
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract . Any such exhibit shall be attached hereto and
thereby incorporated herein.
21 (Rev.W2017)
IN WITNESS WHEREOF, the parties hereto have executed
this Contract .
DEPARTMENT OF T14E ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY" )
APPROVE FORM:
By
APPROVE
Isr x tate of Hawaii
Print Name Dana Viola
Its First Deputy Attorney General
Date JUN 19 2019
HAWAII POLIC ' DEPARTMENT
(
TT
COUNTY OF )H " I - ( R ALL
By
Print Na4 WILFREI M.
Titlayor
Date,k 7
APPROVED AS TO FORM AND APP AL RE MMENDED
LEGALTT)
B
y
Print--t�ame NTSCh" Print Name Paul Ferreira
Title Corporation,Counsel Title Chief of Police
Date Date MAY —92019
22 (Rev.09/2017)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR.GRANT
FY 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A, PROJECT TITLE: PRIORITY DRUG ANALYSES PRODUCTIVITY
B. APPLICANT AGENCY HAWAII POLICE DEPARTMENT
SYSTEM FOR AWARD MANAGEMENT(SAM)
C: REGISTRATION': 0 Yes Q No DUNS No. 613154335
D. APPLICATION RANKING WITHIN AGENCY, ("determined by agency head)
E. ADDRESS, 349 KAPIOL.ANI STREET City HI.LO Zip 96720
PRIMARY PLACE OF ZIP + 4
F. PERFORMANCE, City HIL O State 141 digits 967'20-3998
G. PROJECT PERIOD: from Mgch 1 21119 To pZcmber L11,2019
AUTHORIZED PROGRAM
H, AREA.: Drug Treatment and Fnforc-e Dent Pry z-ams
I*orensic Cactablitti s_ Techt)..ologicai Itn ovement and
I. PRIORITY AREA:. Both evidence-lsascA and agency collaboration
J. TYPE OF APPLICATION: New [E Continuation El
K. TOTAL PROJECT AMOUNT: $ $97,4 2
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ❑ No Z Ifs then provide Dame of
the source or grant program and tate amount of funds that is being sought: Source Amount
M, PROJECT DIRECTOR
Name; Kath A. Pun Title: Criminalist III
Address: 349 Ka iolani St. Hilo LII 96720
Telephone 808-961-2286 -.
E-Mail: kathy pung(a I�avraiicounty t;ov
N. FINANCIAL OFFICER
Name; Hauoli Aiona Title: Accountant IV
Address: 349 Ka iolani St. Hila,HI 96720
Telephone,. 808-961-2273
E-Mail, Hauoli,Aionaa aNvaiieoun civ
FOR CPJAD USE
Date received: Project Number.
EXHIBIT A
:AG/C P,1A0#I (Rei$110/2018)
APPLICATION FOR GRANT
FY 2016 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
Chromatography/Mass Spectrometry(GCIMS) and Fourier Transform Infrared
Spectroscopy(FTIR)instrumentation for the identification of controlled drugs. These
laboratory instruments are highly technical and like computerhardware/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 i Police Department(HPI)) 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 Chromatograph/Mass Spectrometer(GC/MS) 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. The 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 enoughto replace
instrumentation. HPI)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 spectrophotorneters 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
log was eliminated in 2{107. 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 properly 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 an older model backup computer to install
AG/C'P,IAD#1 (ReV01/03/2018)
Windows XP (operating system compatible with the obsolete GC/MS software).. The
manufacturer of the GC/MS 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 of time in the past few
years. The age and extended normal 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
analysis productivity by decreasing the amount of time needed to identify designer drugs,
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.
R. GOALS AND OBJECTIVES
GOAL: To improve the CJ system by assisting with addressing drug crimes in Hawaii
County and continue efficient drug analysis processing with improved abilities to
identify new and emerging dangerous (or novel) drugs.
OBJECTIVE 1:
Maintain drug identification sentiecs; at HiPD Crime Lab at the same level of drug
cases as compared to 2017 ('1 341 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 to NISTI 7-306,622 spectra with the new machine.
OBJECTIVE 3:
Improve the quality assurance reports for FTIR by updating the process from a
manual performance check to automated reporting system.
C. PROJECT ACTIVITIES
MARCH 2019: submit GC./MS and FTIR specifications for bid/procurement
APRIL 2019: review bid and complete purchase/order
JULY 2019: receive and install GC/MS and FTIR system and
AG/CPJAD#1 (RevO]14-3/2018)
;io JULY 2019: 1-3 day training in Hilo on the newly installed systems
AUGUST 2019: Verify/validate that the GC/MS and FTIR systems are working
properly
SEPTEMBER 2019: GC./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 docurnenting communications and transactions.
Financial Officer, Raynette Fukui Accountant 111. The Financial Officer will ensure that
the grant is routed through the Hawaii 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 GC/MS 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 Hawaii at Hilo, and
M.S. in Pharmaceutical Sciences [Forensic DNA& Serology] University of Florida.
American Board of Criminalistics (ABC) Drug Analyst certified in 2008
Brian N. Koge—Criminalist II/Laboratory Quality Manager
Criminalist Koge has a B.S. degree in Medical Technology from the University of
Hawai'i at Manon.
Employed by HPD 1990 - 1999 as a Criminalist 1, rehired as a Criminalist If in 2008-
present,
American Board of Criminalistics,(ABC)recertified as a Drug Analyst in 2010.
Christine N. Lawler—Criminalist It
AG1CPJAD#1 (RevO1103/2018)
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(IAI) Crime Scene certified in 2017.
Jennifer S. Minaai — Evidence Specialist 11
Evidence Specialist Minaai has a B.A. degree in Biology from the University of Hawaii
at Hilo.
Employed by HPD 2008 -present
Mary S. Mid kiff—Evidence Specialist 11
Evidence Specialist Midkiff has a B.A. degree in Biology from the University of Hawaii
at Manoa and a M.S. in Counseling Psychology from Capella University.
Employed by HPD 2017 - present.
International Association for Identification(IAI) Crime Scene certified 2013 -2018,
G. PARTICIPATING AGENCIES
Hawaii Police Department Crime Lab.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
OBJECTIVE I;
Maintain drug identification services at HiPl) Crime Lab at the,same level of drug
cases as compared to 2047 (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 toNIST 17 -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 FTIR
installation.
Number of staff members trained on the use of the FTIR based on
training sign in sheets.
AGICPJA0#1 (RevOI10312018)
I. PROBABILITY TO IMPROVE THE CRIMINAL 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
aninstrument break down. This is aprojcct the Hawaii Police Department can sustain.
The Hawaii Police Department has a budget dedicated for Crime Lab equipment service
and maintenance.
AG/CPJAD#I (RevUl/0.3/2018)
APPLICATION FOR GRANT
FY 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)
PART 111. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
AMOUNT
COST ELEMENT
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 nLajes so
B.Fringe Benefits Employee EB r efits %
No.of
Position'Title Positions Monthly Rate Subtotal
No.of NO.Of
Position Title positions Hourly Rate flours Subtotal
$
Total Fr!nLe Benefits $0
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as AMLopriate
$ El Consultant El Contract
$ 0 consultant C1 Contract
Itemize for
mainlandiinterisland airfare, No.of No,of
,round transportation,rental Travelers as Days
car,per diem, Untl Cost applicaMe Subtotal
$
t $
Total Consultants/Contracts 1 $0
skG/CP3AD#-1 MvvO1103/2018)
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No.of
airfare, ground transportation, as Days
rental car,per diem unit Cost applicable Subtotal
Total Trans ortation and Subsistence 4
E.office Supplies
Itemize supplies and related casts Cost by Unit
such as printing,paper,binders,
etc, Quantity Subtotal
Total Office Supplies 0
F. Equipment
Specify equipment that will b
purchased,leased,or rented. Quantity Cast by Unit Subtotal
G MS training,accessary 1 $91,226 $91,226
t.Tlit training,accessory 1 $6226 $6226
Total E ui ent $97452
C . Other Costs 2uantity Cost by Unit Subtotal
Total tither Costs so
H.Indirect Costs Base Rate %) Subtotal
Total Indirect Costs so
TOTAL PROJECT COSTS $97452
_iC.ICPJr1D#'t (ReN,01103/2618)
BUDGET EXPLANATION:
A. Salaries and Wages
$0
B. Fringe Benefits
The composite fringe benefit rate is at 0% for 0 (list positions). The rate consists of the
following fringe benefit items and computed rates:
$0
C. Consultants/Contracts
$0
D. Transportation and Subsistence
$0
E. Office Supplies
$0
F. Equipment
Partial payment of a new GC/MS system, training and accessories at$91,226.The remaining
of the costs will be paid through the FY 2017 JAG grant.
GC/M$ includes: ALS; computer workstation; laser printer; updated mass spectral library;
training; extended warranty(from March 1, 2019 to December 31,2019) & service contract
Partial payment of a new FTIR system,training and accessories at$6,226. The remaining of
the costs will be paid through the FY 2017 JAG grant.
FTIR system includes: computer workstation; laser printer, system validation package;
sampling accessory; training extended warranty(fromMarch 1, 2019 to December 31, 2019)
& service contract
G. Other Costs
$0
11. Indirect Costs
$0
AGAWADO (Rev Ol/03/2018)
i
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF JAG SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
I 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 from audits required by the Pan 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of CPJAD awards.
2. Grantee shall comply with all reporting, data collection,and evaluation requirements, as
prescribed by law and detailed by the BJA in program guidance for the Justice Assistance
Grant Program.
Grantee shall complete BJA-required reports on-line using the Performance Measurement
Tool (PMT), The on-line reporting system will require a username and password to log
on. The username and password will be provided by CPJAD after the contract is
executed. The PMT web address is https://wwwbjaperfonnancetools.org
The BJA reporting periods and due dates are:
• January I - Match 31 Due: April 15
• April I —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 metrics data related to training that officers have received on the
use of foret, racial and ethnic bias, de-escalation of conflict, and constructive
engagement with the public.
J. Grantee shall submit a Semi-Annual Progress Report to the CPJAD every six (6)months
following the calendar year. The progress reports are to cover activities that the Grantee
has completed during that reporting period.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017)
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 da after the project end date and should report
days 01
cumulatively on the entire project period. The appropriate report form will be provided
to each project by CPJAD (AG/CPJAD#20). The report shall contain information
describing progress, accomplishments, activities, clian.ges, and problems during the report
period and any additional information specified by the CPJAD.
4. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving grant funds. Potential fraud,waste, abuse, or
misconduct should be reported to the OIG by:
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington,DC 20530
E-mail: of .hotline(&qLdqi.gpv
Hotline: (contact information in English and Spanish): (800) 869-4499, or
Hotline fax, (202) 616-9881
Additional information is available from the DOJ 010 website at www.usdoj.gov/oig
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, asubstantial 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.
AGI;C,PJAD 426 FY 2016 JAG Special Canditiotts(revised 312011) 2
6. Federal Leadership on Deducing Text Messaging While Driving
Pursuant to Executive Order 1351.3, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the CPJAD encourages Grantees
and Sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course ofperforniing work funded by this grant, and
to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
7. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable lags, regulations, policies,and guidance
(including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal finds for expenses related to conferences,
meetings, trainings,and other events. Infor ivation on pertinent laws, regulations,
policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter,
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Sub-;grantees, available at
http://www_ojp.usdoj,gov/funding/ojptrainingguidingprinciple .htm
Information Technology Compliance
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for
law enforcement inforniation 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.
. Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal fiends or if it receives an
award of federal funds other than this CPJAD award, and these 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 sea requested by CPJAD,seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding.
AG/CPJAD 4,26 FY 2016 JAG Special Conditions(reprised 3!2017) 3
10, Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters
No Grantee or subgrantee under this award,or entity that receives a contract or
subcontract with any funds under this award, may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict, the reporting(in accordance with,law) of
waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information,
11. Integrity and Leadership Online Training for Task Force Projects
Grantee agrees that within 60 days of award for any law enforcement task force receiving
these funds, the task force commander, agency executive, task force officers, and other
task: force members of equivalent rank,will complete required online(internet-based)
task force training to be provided free of charge through the BJA's Center for Task Force
Integrity and Leadership(www,ctfli.org). This training will address task force
performance measurement, personnel selection,and task force oversight and
accountability. When BJA funding supports a,task force, a task force personnel roster
should be compiled and maintained, along with course completion certificates, by the
Grantee. Additional information will be provided by BJA regarding required training and
access methods via BJA's web site and Center for Task Force Integrity and Leadership.
12, Prohibited Conduct Related to Trafficking in Persons
Grantee, and any subgrantee at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to
the trafficking of persons, whether on the part of Grantees, subgrantees, or individuals
defined (for purposes of this condition) as "employees"of the Grantee or of any
subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to
trafficking in persons are posted on the OJP web site at
littp:Hojp,gov./fLindi.ng/Explore/Pr.ohibitedConduct-Trafficking.htm(Award condition:
Prohibited conduct by grantees and subgrantees related to trafficking in persons
(including reporting-requirements and OR authority to terminate award)), and are
incorporated by reference here.
AG/CPJAD#26 FY 2016 JAG Special Conditions(revised 3/2017) 4
13, General Appropriations-Law Restrictions
Grantee, and any subgrantee at any tier,must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various "general provisions" in the Consolidated Appropriations Acct,
2016,, are set out at http;//ojp.gov/funding/Ex,pl re/FY Q 1 -
ApproptiationsLawRestrictions,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 scrape of an appropriations-]aw restriction, the
grantee is to contact CPJAD for guidance;, and may not proceed without the express pricer
written approval of CHAD.
14, DOJ Regulations Pertaining to Civil Rights and Nondiscrimination-28 C.F,R, Part 38
Grantee, and any subgrantee at any tier,must comply with all applicable requirements of
28 C.F.R. Part 38,specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28
C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38 also sets out roles
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-used and Other
Neighborhood Organizations," is available via the Electronic Code of Federal
Regulations (currently accessible at http://www.eeft.gov/cgi-bin/ECFR?page=brov�,se).
by browsing to Title 8-Judicial Administration, Chapter 1, Part 38, under e-CFR
"current"data.
SUB r rug)By, MAY - 2019
Signature. ate:
i+ftatnt Paul c:rrc rr) _._ _.._... .._....._ Title., Chief of Pale .. ._....
Agency. Hawaii Police Ile artment
AG/CPJAD##j6 FY 2016 JAG special Conditions(revised 3/2017) 5
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency,that:
I This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System
Improvement Formula Grant Program established under Title VI,Subtitle C,Part E,Subpart L,ofthe
Anti-Drug Abuse Act of 1988'(Public Law 100-690).
1 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 Grime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, of fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
funds,
SUBMITTED BY:
Signature. Date: MAY —9 2019
..........__,__,____........
Name Paul Ferreira Title- Chief of Police
...............________............. ..........-
Agency: flawaii Police Department
............I..............
AG/CPJAD#14 06102
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 nett-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
.....-----------------------
Name: Paul Ferreira Title: Cbief of Police
........... -.-.................................
Agency: Hawaii Police Department ........................
AG/CPJAD#3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION F Nt? - C A'TION C t CEb S
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 Came, 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 ai° li (name of agency)
has non-discrimination complaint procedures whit include.
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
KC:bie of Pol; (808) 961-2243
_„�'�t:Cr"k�t�ct
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient,to the Department of
the Attorney General,or to the Office for Civil,Rights.
(.3) a procedure to investigate the complaint (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General,the OCR,or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General,Crime Prevention.and
Justice Assistance Division of the complaint. (The Department will forward the
complaint infomation 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:
MAY 9 2019
Signature: C--2, Date:
Name: P FTitle: Chief of Police
(Head of Agency or Designee)
AGICPI. #3o 6/2010
DFPARTMENT OFTHE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
.1 certify that the applicant agency will comply with and will insure compliance by its sitbgYrantees and
contractors with the non-discrimination requirements of.
• The Onuiibus 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,"e(.)
• 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. §20004 and 28 C.F.R.
§41 f0 I et M.)
• 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 progranis or activities. (29 U.S.0. §794 and 28 C.F.R. §42.501 et M)
• 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 fX 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."7011 et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons.
• Executive Order No, 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith-
based organizations.
• The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 1134, 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)j.
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 discrinimation under, or be denied
en-iployment 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 BI MAY -9 2019
Signature: Date:
—------------
Name: Paul Ferreira Title: fhief of_Police
-Agency: Hawaii Polipp-DepartiRmt
AG./CPJAD#15(revised 7/2015)
�� `° �............��.�.,_ U.S.DEPARTMENT C9E JUSTICE .-�...,-..n...�.....-
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 67.610,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)
I (1) The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals are
I� 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
MAY -9 2019
Signature Date
Hawaii Police Department
Naive of Organization
349 Kapiolani Street
C
Address of Organization
Nilo, Hawaii 96720
J
OJP FORM 4061/1(REV,2/89)Previous editions are obsolete
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2, The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," 'suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549.
5, The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled, '"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
T 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(ESOP)Requirements
I leaves read carqfitlty the Instructions(see below)and then complete Section A or Section B or Setction C:", not ali threte. tf recipictrt
c-om leli s Section A or C ctnd cid) r and s a:sr Ie award over$500,000, in addition,dease sorra lete Section D.
Recipient's Narne:Hawaii Police Department
Address:349 Kapictlani Street,Hila,Hawaii 96720
Is a gene f a; o Direct or a Sub recipient ofOJP,OVW or COPS funding? I Law Enforcement Agency? lv Yes i;, No
DUNS Number:613 54335 Vendar lumber only if direct recipient)
Nance and 'Title of Contact Person:Kathy Pung
Fele. Nutaiber:608-961-2286 1<-Mail Address:kethy,tai,ng@bawailoounty.gov
etwtion AttIirretzit fiin�trtt plies egttitrement
Please check all thefollowing ho�ies,abut =Er
r tttartsfty eptyoe,.. i3 M
Nonprofit#fir iz ian 1 Matt va Fa �: l ei thin 2 ,t #t},
l [r-esponsiblc
q ici certify, that
[recipient]is r 0t r uirecl to � art` ECP far p nW to 1$C;F.R §42.302.M
I further certifythat'' trecipient]
will comply with applicable flerai tial 1� t, �i�; t� txatiit�i ilo�leint arttl in the delivery of
services.
1frecipien,Sub-!Sr art y ... . a nAd p econiple'lreSection D
Date
Print or 1V � tx •Ti a ._ z ,
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an"EEOP is on File for Review
ff'a rc elpieni orgency has flfly or more emplfayees and is receiving a single award or, sullaward,, oj'$25.000 or snore,batt less than S500,000,then
rlre recipient ugenc v does not ha-%e tr,suhtnit art EEO `to the t,CRfirr revie-u,as long as it eertiVies thefiollowing(42 C:.FS, §42.305).'
1, Paul K.Ferreira,Chief at Police [r casperrtsihlet
of fic'ian.. ccrtif� that Hawaii Police Departroent
[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 its accordance with 28 CFR pt.42,subpt. E. l 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. 'Fhe EEOP is on file at the following office;
Hawaii Police Department
349 Kapiolaoi Street,Hilts Ht 96720
f(Alress 1.
Pani K.Ferreira.Chief of Police f MAY 9 Z019
Print or Tv re Name and Title Signature l%ne
= -liclarattint+ tie lt�; e for Civil
Section i
Rights for I€te w
l f a recipient,rt,�eri�pars h.car rrr of m ,� then the recipient agency
must send
an P Slresri Forum til
(, [responsible
qffician, cerW that
[rcipierat] ;which has fifty,cat m dir ore has formulated an
EEOP in alixortlainee with 2s, F13 ,l?t' rt 1•c iftV,
[gate] to-the ice f C�lvil �t is o I� 3 T e t
ff rcro
httt it rirsvctrti� 'e, etivrr
Print arT : ` acne tri al :
Arte
r
Sectio D—Declaration Stating that Recipient Subawarc s a Single Award Over 5500,000
t,rz reeif)it'IIt rrf"ertty'sitb rwards a singh,oward(?IS 06,000 or more then the granting o ncy shouh1 provide a IW; including, mare. address
rrrrd 01 VS zz(al`(mic h stach sub-recipient.
Sub-Recipient Agency Name c ress 4u Reclplent UNS Number
7f crdditionalsI.,we in necessat ,please duplicate this Waage.
t NIB Control No. 1121-0340 Expiration Date: 12?31,12015
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Oninibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968, as
amended,require sortie recipients of financial assistance from the U.S.Department ot'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.FK pt. 42,subpt.
IL All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP requirements;
many awards from OJP,including awards from the Bureau of Justice Assistance(BJA),the Office of Juvenile Justice and
Delinquency Prevention((.)JJDP),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,,vIiether your award from the U.S.Department of Justice i's subject to the Safe Streets Act's
LEOP 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 Cand 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 organizationmay 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 leis than fifty
cinployees. 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, andirtiplement an EEOP,the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that(1)are a unit of state or local
government,an agency of state or local government,or a private business; and(2)have fifty or more employees; and(3)
have received a single grant award of$25,000 or more,but Iess than$500,000,may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B,the recipient should note that the EEOP on
file has been prepared within twenty-fourmonths of the date of the most recent grant award,
Section C
Recipients that(1)Are, a unit of state or local government,an agency of state or local government,or a private business,
and(2)have fifty or more employees,and(3)have received a single grant award of$500,000 or more,must prepare,
maintain on file.,submit to the OCRfin-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 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 1).
Submission Process
Recipients should download the online Certification Form,complete required sections,have the appropriate of c41l sign
it,electronically scan the signed document,and then send the signed document to the following e-mail address:
The doctimeril nnvvt have the,lbilo-wing title:EEOP Certffication. 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)307-0,690 and TTY-. (202)307-2027).
(AM Apprclvaf Nk.) 1121.0344)Expiration Date: 113 11-5
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,a person is not required to respond to acollection
of information unless it displays a current valid OMB control.number, We try to create forms and instructions that are
accurate,can be easily understood,and which impose the least possible burden on you to provide us with information.
The estimated rninimuni average time to complete and file this application.is 20 minutes per form.If you have any
comments,regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the
Office of Justice Programs,810 7th Street,N.W.,Washington, D.C.20531.