HomeMy WebLinkAboutCOM 0017.021 2018-2020 HarrKim Paul K. Ferreira
y
Mayor Police Chief
OF 140,0 Kenneth Bugado Jr.
Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808)935-3311 Fax(808)961-8865
DATE: February 3, 2020
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS
VIA: KAY OSHIRO, ONTROLLER
FROM: UL K. FERR I , P P I E CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: Statewide Multi-Jurisdictional Drug Task Force
Grantor: Department of the Attorney General, State of Hawaii
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 18-DJ-01
Amount of Grant: $44,856.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.56:3309.57
Grant Period (Commencement &Completion): January 1, 2020 to December 31, 2020
Purpose of Grant: To reduce drug threats and drug related crimes and
incorporating multi-agency collaboration.
Is final report required by grantor? Yes [—] No
Notification attached: Yes F] No, because
Comm. Na
"Hawai'i County is an Equal Opportunity Provider and Employer" Ref.To:
Ref. gate FSB 11 2020
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DEPARTMENT OF THE ATTORNEY GENERAL
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
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(808)586-1150
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January 28, 2020 I
Tlie Honorable Paul Ferreira
chief,of,Police
I ftmaii Police Department
349 1`iapiola nl Street
Hilo, Hawaii 96720
Dear Chief Ferreira:
Enclosed is the fully executed contract for the rollo ing project:
Project Numbei- 18-DJ-01
"Title: Staten icls N-lulti-Jurisdic tio nal DrLILI"ras-k Farce
Pro,cet Period: January 1, 2020—December 1. 200
Total Federal Amount $44,856
You may be-in to request funds l' r your project by submitting a completed Request leer Futtcls
and Cash Balance Report (RFF) to our office.. I['you have any questions, please contact Dawn
:Martin at -586-1164.
Sincerely.
�Y
Julie 1 rbatt
Administrator
Enclosure
C: C11.1AD Fiscal Offiec
Project Number 18-DJ-01
C O N T R A C T
TILT " CONTRACT, executed on the , respective dates
indicated below, is effective as of January 1, 2020, by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency, " by and through the Attorney
General, and the Hawaii Police Department whose business
address is 349 Kapiolani Street, Hilo, Hawaii 96720, hereinafter
called "Grantee. "
WITNESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 34 U. S. C. §§ 10101 et sec . , as amended
(hereinafter "Act") , was enacted to make grants to states and
units of local government, for use by the State or unit of local
government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and
information systems for criminal justice, including for any one
or more of the following programs:
(1) Law enforcement programs.
(2) Prosecution and court programs.
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(3) Prevention and education programs.
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(4) Corrections and community corrections programs.
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(5) Drug treatment and enforcement programs.
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(6) Planning, evaluation, and technology improvement
programs. 1
(7) Crime victim and witness programs (other than
compensation) •
(8) Mental health programs and related law enforcement and
corrections programs.
WHEREAS, the Governor has designated Agency to serve
as Hawaii 's office for administering the federal financial
assistance available under the Act;
WHEREAS, Grantee, as an agency of the County of
Hawaii, is qualified to receive funds available to Hawaii under
the Act and its respective implementing regulations, contained
in the Edward Byrne Memorial Justice Assistance Grant (JAG)
State Solicitation, and the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in 2 C. F.R. Part 200, as
adopted and supplemented by the Department of Justice in 2
C. F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") , and has applied to Agency for receipt of the
same as a subgrantee;
2 (Rev. 10/2019)
WHEREAS, Agency has reviewed Grantee' s application for
funds, and is satisfied that all of the requirements of the Act
and its respective implementing regulations have been satisfied
and that Grantee is capable of using the requested federal funds
appropriately;
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the. required services,
programs and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as
follows:
A. SCOPE OF SERVICES.
Grantee shall, in a proper and satisfactory
manner, as determined by Agency, and in accordance with the
terms and conditions of this Contract, use the funds received
under this Contract for the - purposes stated herein and in
accordance with the "Application For Grant" (Parts I through IV
including all certifications required under Section C) and the
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Acceptance of JAG Special Conditions attached hereto as Exhibit
PPA" and by reference incorporated herein. It is understood that
this Contract includes as a part hereof any rules, relevant
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directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of
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Management and Budget' s Uniform Guidance and the effective
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edition of the Department of Justice Programs' financial manual
entitled "DOJ Grants Financial Guide. "
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B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from January 1, 2020 to and including December 31, 2020 unless
this Contract is sooner terminated as hereinafter provided or
unless this Contract is extended in accordance with Section L.
of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and 'all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Bureau of Justice Assistance, Part 200 Uniform Requirements, and
the effective edition of the "DOJ Grants Financial Guide. "
2. Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
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and local government which in any way affect its performance
under this Contract.
3. Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Part 200 Uniform Requirements.
4 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Drug-Free Workplace Requirements which meets the requirements of
the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D, U.S.C. , Title 41, Chapter 10, §702) , hereinafter
referred to as the "Drug-Free Workplace Certification. " A copy
of the Drug-Free Workplace Certification shall be included in
Part IV of the Application for Grant. Grantee covenants that
the representations made* in the Drug-Free Workplace
Certification are true at the time this Contract is executed and
will remain true throughout the entire term of this Contract and
any extensions, and that Grantee shall fulfill all the
requirements set forth therein. Grantee' s execution and
submission of a false Drug-Free Workplace Certification, or
Grantee' s violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments
under this Contract, and/or terminate this Contract pursuant to
the provisions of Section N of this Contract . Grantee warrants
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that it is aware that such false certification or violation of
the requirements contained in the Drug-Free Workplace
Certification shall subject the State of Hawaii to government-
wide suspension or debarment, or other sanctions which, in turn,
shall result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
5. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification. " A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
6. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification of Non-Supplanting, hereinafter referred
to as the "Non-Supplanting Certification. " A copy of the Non-
Supplanting Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the
representations made in the Non-Supplanting Certification are
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true at the time this Contract is executed and will remain true
throughout the entire term of the Contract and any extensions,
and that Grantee shall fulfill any and all terms and conditions
set forth therein.
7. Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Lobbying, hereinafter referred to as the "Lobbying
Certification. " and any subsequent disclosure forms required
under Section 1352, Title 31 U. S. C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
8 . Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968 which prohibits discrimination in
employment and in the delivery of services or benefits on the
basis of race, color, national origin, religion, or sex; Title
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
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Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990, which prohibit discrimination in
employment and in the delivery of services or benefits based on
disability; Title IX of the Education Amendments of 1972 which
prohibits discrimination on the basis of sex in training or
educational programs; the Age Discrimination Act of 1975 which
prohibits discrimination in the delivery of services or benefits
on the basis of age; the Department of Justice regulations
implementing the above-referenced statutes at 28 C. F.R. Part 42,
subpts. C, D, G, and I, 28 C. F. R. Part 35, and 28 C. F.R. Part
54; Exec. Order No. 13559, 28 C. F. R. Part 38 (equal protection
of the laws for faith-based and ether neighborhood
organizations) ; Exec. Order No. 13166 and U.S. Department of
Justice, Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons; the
Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii
Revised Statutes; and all other applicable federal and state
laws, rules and regulations.
9. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program in
accordance with 28 C. F.R. §§ 42. 301 et seg. it will submit a
certification to Agency that a current program is on file.
8 (Rev. 1012019)
10. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately and
properly reflect all direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract. Grantee shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits at all reasonable times by Agency or the
United States Department of Justice. In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Bureau of Justice Assistance may
require. Grantee shall submit quarterly financial reports
fifteen (15) calendar days after the end of each calendar
quarter. Grantee shall submit monthly requests for funds and
cash balance reports fifteen (15) calendar days after the end of
each month. The final fiscal reports must be received by Agency
within sixty (60) days after the date this Contract terminates
or unless mandated earlier by Agency. Records and financial
accounts shall be retained by the Grantee and shall be
accessible to Agency and the United States Department of Justice
for at least three years after Agency's grant with the Bureau of
Justice Assistance is closed.
9 (Rev. 1012019)
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11. The final drawdown for funds must be
received by Agency within thirty (30) days after the date this
Contract terminates.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
terminates shall be returned to Agency; all funds provided under
this Contract which are encumbered but not disbursed within
sixty (60) days after this Contract terminates shall be returned
to Agency.
13. Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under Part
IV. of the Application for Grant, Attachments, Acceptance of JAG
Special Conditions.
14 . If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before title
in such property may vest in Grantee. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates. If a certification is not provided by
Grantee, title to any personal property purchased or acquired
with funds received under this Contract shall vest in Agency and
such personal property shall be delivered to the Agency in good
10 (Rev. 10/2019)
working order upon expiration or sooner termination of this
Contract.
D. PERSONNEL.
1. Grantee shall secure at its own expense all
personnel required to perform the services required under this
Contract. All such personnel shall not be considered employees
of, or have any contractual relationship with the State of
Hawaii unless Grantee is otherwise an agency of the State.
2. Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the period of
each subcontract shall not exceed the term of this Contract, and
funds to the private organization will not be released unless
and until the requirements set forth in applicable state law and
11 (Rev. 10/2019)
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implementing rules are complied with by the subcontractor. All
subcontracts shall include provisions to ensure that Grantee is
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capable of satisfying the requirements of this Contract. All
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subcontracts shall be reduced to writing and shall include all
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provisions of this Contract required of Grantee. 3
F. SERVICES AS INDEPENDENT CONTRACTOR.
1 . In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency's opinion, the work is being
performed by Grantee in accordance with the provisions of this
Contract . All persons hired or used by Grantee shall be
Grantee' s agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees., Furthermore,
Grantee intentionally, voluntarily, and knowingly assumes the
sole and entire liability if such liability is determined to
exist, to its agents and employees or to third persons, for all
loss, cost, damage or injury caused by Grantee' s agents and
employees in the course of their employment. The performance of
work under this Contract alone shall not be construed as
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employment with the State of Hawaii and shall not entitle
Grantee' s agents and employees to vacation, sick leave,
retirement, or other benefits directly afforded state employees
by statutes. Grantee shall be responsible for payment of all
applicable federal, state, and county fees which may become due
and owing by the Grantee by reason of the Contract, including
but not limited to (i) income taxes, (ii) employment related
fees, assessments and taxes and (iii) general excise taxes. The
Grantee also is responsible for obtaining all licenses, permits
and certificates that may be required in order to perform this
Contract .
2 . This section shall not be applicable if
Grantee is an agency of the State of Hawaii .
G. COMPENSATION.
1. Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed forty-four
thousand eight hundred fifty-six and 00/100 dollars ($44, 856. 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
13 (Rev. 10/2019)
other incidentals and operating expenses which it incurs or may
incur in connection with this Contract.
2 . It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes.
2 . Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions:
a. Payments shall be made monthly upon
receipt of Grantee' s completed request for funds.
b. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised
Statutes, which specifies the accounting procedures and controls
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applicable to payments out of the Treasury of the State of
Hawaii .
C. If an amount of reported expenditures
is preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the
next payable installment and may withhold payment of the amount
of the moneys equivalent to the questioned expenditures until
later resolution of the discrepancy by audit or other means .
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
Agency notwithstanding Agency' s preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I. INDEMNIFICATION.
1 . It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or
15 (Rev. 10/2019)
omissions of Grantee. Grantee shall indemnify and save harmless
the State of Hawaii, Agency, and their officers, agents, and
employees from and against any and all liability, loss, actions,
claims, suits, damages, costs or expenses, including all
attorneys' fees, and all claims, suits, and demands therefor,
arising out of or resulting from the acts or omissions of
Grantee, its officers, employees, agents, or subcontractors
occurring during or in connection with the performance of
Grantee ' s services under this Contract, or arising out of or
resulting from breach of this Contract by Grantee. Grantee
shall defend the State of Hawaii, Agency, and their officers,
agents, and employees against any such action or claim unless
the action or claim involves an act or omission solely of
Agency, its officers, agents, or employees.
2. This section shall not be applicable if
Grantee is an agency of the State of Hawaii .
3. The County of Hawaii will indemnify the
State of Hawaii, Agency, and their officers, agents, and
employees to the extent permitted by law, and it is understood
that payment is subject to approval by the county council/or
city council, as the case may be.
J. CONFIDENTIAL MATERIAL.
16 (Rev. 10/2019)
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
research/statistical data. All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire. " No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or development
produced in whole or in part with funds made available under
17 (Rev. 10/2019)
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this Contract shall be the subject of an application for
copyright or patent by or on behalf of Grantee, its officers,
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agents, or its employees, or its subcontractors without prior j
written authorization from Agency. To the extent that any
material, summary, report, map, chart, graph, table, study, or
other documents, or discovery, invention, or development under
this Contract is not recognized as a "work made for hire" as a
matter of law, Grantee hereby assigns to the Agency any and all
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copyrights in and to the material.
L. MODIFICATION OF CONTRACT.
Any modification or change in any term,
provision, or condition of this Contract shall be made by
written amendment signed by both the Grantee and the Attorney
General; provided, however, that the Administrator of the Crime
Prevention and Justice Assistance Division or the
Administrator' s designee (hereinafter, "CPJA Administrator")
may, on the Agency' s behalf and to the extent permitted by law,
approve the following when requested by the Grantee: (a)
changes to the budget categories set forth in Part III of
Exhibit A, provided that there is no change to the total
compensation under this Contract; and (b) extensions of the
Grantee' s Time of Performance, provided that there is no change
to the total compensation under this Contract. Any such
18 (Rev. 14/2019)
requests by the Grantee shall be submitted in writing to the
Agency no later than forty-five (45) days before the Contract
would otherwise terminate and, if approved, shall be effective
as of the date approved by the CPJA Administrator.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
N. TERMINATION OF CONTRACT.
1. If, for any cause, Grantee refuses or fails
to satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency
shall have the right to terminate this Contract by giving
written notice to Grantee of such termination ten (10) calendar
days before the effective date of such termination. The Grantee
shall continue performance of the Contract to the extent it is
not terminated. Notwithstanding termination of the Contract,
19 (Rev. 10/2019)
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
Germination.
3. In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency,
become Agency' s property and, together with all information,
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be delivered and
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,
20 (Rev. 10/2019)
Grantee shall not be relieved of liability to Agency for damages
sustained by Agency because of any breach by Grantee of this
Contract.
O. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency' s right to enforce the
same in accordance with this Contract. It is expressly
understood and agreed that no waiver granted by Agency on
account of any violation of any promise, term or condition of
this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General' s duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
21 (Rev. 10/2019)
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concl us ive. Pending T. .Inal decision of sucl-i dispute, Grantee
shall proceed d; ligentIv with the performan,ce of this Cont-ract:
Cs cYC3':nciF !2t 4 Agency ' srr4a° r 'he validity aF tC11:;,
Avner{;ase providedn thi's Section, any action to enforce hi s
11 -acr- or for breach of this {Paten-ract sha1l be brought onl.v -r-I
by reducing YpTr> C7 Lr..) t: rl"(--i n g and designating tChem as C xlhiblts
t1hisontYzict .. Any st.tt,`h sh'all be attached hereto crit"
th< -�reby, incorporated herein.
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DEPARIPMENT OF THEATTORNFY GENERAL
f
By
A`tornev General, 01 firlwaii
Jt' i N,vre Dana Viola
-§ jAP 2 ? 2020
22 (Rev, 1012019)
HAWAII POLICE DEPARTMENT
COUNT WI ("G NTEE")
By
Print Nake t2o.j r6LI:w-mot-o, MMWbgDk=t
Tj&l e Mayor
Date nFc 7 z 2011
APPROVED AS TO FORM AND APPROVAL RECOMMENDED
LEGALITY �yc�
By By
Print
Z22r�&.pg— Print Name Paul Ferreira
Title Corporation Counsel Title Chief of Police
Date Date DEC 4 2019
23 (Rev. 10/2019)
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CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR GRANT
FY 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GT(JAG)
PART I. TITLE PAGE
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A. PROJECT TITLE: Statewide Multi-Jurisdictional Drug Task Force(SMDTF)
3
B. APPLICANT AGENCY: Hawaii Police Department
SYSTEM FOR AWARD MANAGEMENT(SAM) j
C. REGISTRATION: ❑ Yes ® No DUNS No. 613154335
3
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 349 Kapiolani Street City Hilo Zip 96720
PRIMARY PLACE OF Zip + 4
F. PERFORMANCE: City Hilo State Hl digits 96720-
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G. PROJECT PERIOD: From January l 2020 To December 31,2020
AUTHORIZED PROGRAM
H. AREA: Law Enforcement Programs
Drug Threats and Drug Related Crime and
I. PRIORITY AREA: Incorporating multi-agency collaboration
J. TYPE OF APPLICATION: New ❑ Continuation
K. TOTAL PROJECT AMOUNT: S 544,856
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ® No ❑ If yes,then provide name of
the source or grant program and the amount of funds that is being sought: Source HIDTA Amount S
M. PROJECT DIRECTOR
Name: Rcynold Kahalewai Title: Lieutenant
Address: 349 Kapiolani Street Hilo,HI 96720
Telephone (808)326-4646 ext 226
E-Mail: reynold.kahalewai@hawaiicounty.gov
N. FINANCIAL OFFICER
Name: Hauoli Aiona Title: Accountant IV
Address: 349 Kapiolani Street Hilo,HI 96720
Telephone: (808)961-2273
E-Mail: hauoli.aiona(ahawaiicounty.gov
FOR CPJAD USE
Date received: ('1 G Project Number:
EXHIBIT A
APPLICATION FOR GRANT
FY 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PART 11. DESCRIPTION OF PROJECT
A. THE PROBLEM
The importation of illegal narcotics continues to plague the State of Hawaii and Island of
Hawaii,which is often referred to as the"Big Island". Due to our remote location in the
Pacific Ocean,the methods used to import illegal narcotics are limited and present unique
challenges to law enforcement. Importation of the illegal narcotics is successfully
achieved by using the wide variety of shipping services offered by the United States
Postal Service,private parcel shipping establishments, and household goods/vehicle
shipping businesses. In addition, the importation of illegal narcotics is achieved via
airlines by way of the "body carry" method in which individuals conceal quantities of
narcotics on or within their person or within their clothing as they travel. They also
conceal the narcotics within their carry-on or checked in luggage. Once the narcotics
reach the Big Island, the narcotics are distributed into our community by individuals who
profit monetarily from the narcotic sales.
With the importation methods described above, it is necessary for law enforcement
officers tasked with investigating narcotics offenses to; 1)be highly trained in the
methods and techniques used to investigate narcotics offenses;2)use the gained
knowledge and learned techniques to maximize narcotics investigations; 3)broaden the
network of resources available to law enforcement as they conduct their narcotics
investigations.
Crystal methamphetamine, or"ice," continues to be the most prevalent drug of choice and
has a significant negative impact on our island communities, families, and the visitors to
the Big Island. Oftentimes, methamphetamine users lack the ability to pay for
methamphetamine and resort to committing property crimes,such as theft,burglary,and
unauthorized entry into a motor vehicle, so they may obtain money for the stolen items.
The money is then used to facilitate the purchase of methamphetamine. Users of crystal
methamphetamine have also been associated with "crime sprees" involving a series of
rapidly escalating crimes, including crimes of violence,such-as robbery and assault,
simply because they are looking for an easy and quick way to get money to purchase
methamphetamine.
Cocaine remains available throughout the Big Island and is popular with the working
class community. It is often referred to as a"social drug"and the users often remain
undetected due to the secrecy of their use. Identifying the distributors presents
challenges, as when individuals are arrested in possession of cocaine, they rarely reveal
who their suppliers are. The majority of cocaine recovered by law enforcement is in its
powdered form.
Pharmaceutical diversion occurs when a legally obtained prescription is filled and the
prescribed narcotics are diverted illegally, typically sold for monetary profit or traded for
another illicit substance. Pharmaceutical diversion remains a threat in the United States,
and Hawaii County is included in this trend. However, increased investigations by the
Drug Enforcement Administration and State of Hawaii, Narcotics Enforcement Division,
have led to a reduction in the amount of pharmaceutical drugs being diverted. As a
result, the amount of pharmaceutical drugs recovered during execution of search warrants
by the Hawaii Police Department's Vice Sections has decreased. The price of
pharmaceutical drugs, more specifically opiates, has increased during recent years.
Following a nationwide trend,heroin continues to grow in popularity on the Big Island.
Black tar heroin continues to be the most common form and availability of heroin
continues to remain limited to a small amount of distributors. Recent investigations
conducted by the task force have led to the recovery of black tar heroin directly from the
responsible importers of the heroin. Because of the rising cost of illegal prescription
opiates,it is anticipated that heroin use will increase. Individuals who use l distribute
heroin are often physically dependent on the drug and generally unwilling to assist law
enforcement because they do not want to lose the limited source of their heroin supply.
The illegal possession and distribution of marijuana continues to be widespread on the
Big Island. Street-level distributors are common in tourist attraction areas and continue
to generate complaints from the general public and business owners. Task Force Officers
have increased their efforts to identify and arrest the mid-level suppliers, as well as the
upper-level growers.
The potential profit of drug trafficking is extremely high, prompting numerous people to
become involved in drug trafficking. As an example, one pound of crystal
methamphetamine can be purchased on the mainland for$2,000; that same pound of
crystal methamphetamine can be sold on the Big Island for$15,000; if that same pound is
divided into ounce quantities(as is typically done)and sold for$1,500 an ounce, that's
$24,000 for the pound which equates to$22,000 in pure profit. These distributors invest
large amounts of money, time, and effort to set up distribution organizations which are
very sophisticated and well organized, all in hopes of evading law enforcement. These
organizations operate on different levels and filter down to the "street dealers." These
dealers often distribute drugs to support their own habits, sell only"user"quantities,and
are highly visible to the general public. These dealers often become the subject of
numerous public complaints and become nuisances in the communities in which they
operate.
The utilization of undercover officers to infiltrate drug trafficking organizations has
proven to be an effective means of dismantling certain organizations. Such operations
often lead to the arrest of the upper-most levels of dealers in the organizations through
undercover purchases of narcotics. In addition,controlled purchases conducted with
confidential informants and cooperating individuals have also led to the arrest of many
mid to high level dealers. The prices of narcotics continue to vary. However, the
average cost of an ounce of crystal methamphetamine continues to vary between$1,000
and$1,500.
Narcotic investigations are often complicated, lengthy,tedious, and depend greatly on the
skills of a well-trained investigator. Without such skills and training, successful arrests
and/or drug seizures would not be possible. As the methods and trends of drug
trafficking continuously change, it is imperative that law enforcement personnel involved
in narcotic investigations are continuously trained and educated in order to maintain their
effectiveness. The criminal element's knowledge of the techniques utilized and economic
limitations affecting law enforcement to combat the drug problem is ever growing.
Criminals increase their knowledge,not only by"word of mouth" communication,but
also from the internet, not to mention the growing number of"reality" television shows in
syndication. It is the intention of the Hawaii Police Department to keep the members of
our Vice sections abreast of the latest narcotic investigation techniques, intelligence,and
resources to combat the ever changing and evolving methods of the modem day drug
trafficking organizations.
Given our state's remote location and the way our state is comprised of islands, it stands
to reason that law enforcement efforts will be most effective if information, investigative
resources and tactics are shared amongst the different law enforcement agencies. The
continued collaboration of the task force previously referred to as the Statewide Multi-
Jurisdictional Drug Task Force(SMDTF)has proven to be successful in combating these
Drug Trafficking Organizations(DTO's)in the State of Hawaii. It is imperative that the
collaborative efforts of the task force be continued in order to maximize the available
resources already in place and to further future narcotics investigations.
Fulfilling the outlined program activities will ultimately have a positive impact on the
community at large and hamper the activities of those responsible for the importation and
distribution of narcotics. By attending training courses that are specific to narcotics
investigations, task force officers will be able to stay abreast of narcotic importation &
distribution trends, and have an effective means of conducting narcotics investigations.
This gained knowledge is expected to enhance the quality of narcotics investigations and
is likely to lead to successful criminal prosecutions.
During calendar year 2018, task.force officers assigned to the Hawaii Police Department
have recovered over$1,323,680 street value of crystal methamphetamine,$3,192 of
cocaine, and $68,500 in black tar heroin,resulting in just under 1.4 million dollars' worth
of illegal narcotics seized in Hawaii County alone.
These seizures have resulted in the initiation of 1,403 drug related investigations. During
these investigations, the Hawaii Police Department seized 51.7 pounds of crystal
methamphetamine, 74.6 grams of cocaine, 767.59 grams of heroin, and 238 diverted
pharmaceutical pills. Numerous assets, such as vehicles, valued in excess of$96,376,
were seized. In addition, $254,052 in U.S. Currency was seized for forfeiture.
Funding from the previous SMDTF and partnerships between participating and partner
agencies have resulted in successful meetings and investigations during calendar year
2018. Some of these investigations are highlighted below.
On July 30, 2018, Lieutenant Reynold Kahalewai attended an SMDTF meeting on Maui
to discuss future task force operations.
On July 19, 23 &24, 2018, task force officers from the State of Hawaii, Narcotics
Enforcement Division(NED), Kauai Police Department, Honolulu Police Department
and Hawaii Police Department conducted marijuana missions in the districts of Kau,
Kona,North Kohala and Hamakua. Planning for this operation began in March 2018,
with weekly communication by phone and e-mail during June and July 2018. The
advanced planning resulted in a safe and smooth operation,which resulted in the
recovery of 1,517 marijuana plants (660 lbs.), varying in height from seedlings to six (6)
feet. The operation also resulted in task force officers initiating two new investigations.
On 08-06-18,task force partners, NED and Hawaii Police Department,worked together
on an investigation into a marijuana distributor in Kona, Hawaii. Officers executed a
search warrant at a residence in Kona where officers recovered 368 marijuana plants,
11.06 ounces of processed marijuana,23.8 grams of marijuana concentrate,29 vape
cartridges containing THC, 17.5 Alprazolam pills,a digital scale, .38 caliber ammunition
and a loaded .357 caliber revolver. Officer also seized$9,613 for forfeiture. A 48-year-
old male was arrested for various drug and firearms offenses and pled guilty to all
charges. He was later sentenced to 90 days in jail and four years of probation.
On 08-09-18, task force partners, NED and Hawaii Police Department, worked together
on an investigation into a marijuana distributor in Kau, Hawaii. Officers executed a
search warrant at a residence in the district of Kau. Forty-eight marijuana plants, 53.4
grams of dried marijuana leaves, and 34.0 grams of processed marijuana were recovered.
The suspect in the investigation was a 36-year-old male.
On 10-16-18, task force partners State of Hawaii,Narcotics Enforcement Division(NED)
and Hawaii Police Department worked with the Drug.Enforcement Administration's
(DEA)Tactical Diversion Squad and executed search warrants at a doctor's office and
two residences in Hilo, Hawaii. Prior to the execution of the search warrant, task force
officers spent multiple days throughout the year assisting with surveillance and
intelligence gathering. After the warrants were served, five individuals were arrested by
agents from the DEA and are awaiting trial. A total of 1088.5 pharmaceutical drugs were
recovered,which included; 51 Alprazolam, 60 Ambien, 18 Buprenorphine,44
Carisoprodol, 505 Oxycodone, 44 Lyrica, 118.5 Clonazepam,96 Norco, 30 Zolpidem, 19
Metronidazole, I I Movantik and 92 Percocet.
B. GOALS AND OBJECTIVES
The overall goal of the SMDTF is to disrupt the flow of drugs through the coordination of
operations, drug seizures, and the sharing of information, personnel,and resources. The
purpose is to reduce drug availability, drug crime, and drug use. The apprehension of mid
to high level distributors importing and distributing illegal narcotics into and within the
State of Hawaii will be of high priority.
Information and Intelligence Gathering
Objective 1: Ensure law enforcement agencies in different jurisdictions work together as
a single enforcement entity with the ability to improve communication, share
intelligence, and coordinate activities through a MOU.
Objective 2: Increase collaboration and sharing of resources pertaining to narcotic
investigations, interdictions and missions through semi-annual meetings.
Objective 3: Increase the ability to complete missions across Hawaii by participating in
joint task force missions across the State as requested.
Specialized Training
Objective 4: Increase the knowledge of vice officers by providing specialized trainings in
topics pertaining to narcotics,canine handling issues, conducting high quality narcotics
investigations, current drug trends, smuggling and distribution techniques, confidential
informant development and management,officer safety, and State/Federal laws that
impact the task force.
Investigations
Objective 5: Decrease the number of drug trafficking organizations in the community by
disrupting and/or dismantling DTOs or mid to high level distributors.
Drug Seizures
Objective 6: Reduce the number of drugs on the street by seizing narcotics as applicable.
Objective 7: Reduce the number of drug assets on the street by seizing weapons, vehicles,
and U.S. currency as applicable.
Community drug Education and Awareness
Objective 8: Increase the knowledge of community members/groups by giving
presentations in drug demand reduction at schools and in the community.
C. PROJECT ACTIVITIES
Funding will allow for continued intelligence and information sharing; training and
assessment of canine drug dogs;joint operational planning; training to increase officer
knowledge,effectiveness, safety; and opportunities to meet, work, and train with other
state and national law enforcement agencies.
R
Information and Intelligence gathering (meetings)
The participating task force agencies shall work in a coordinated effort in accordance
with the Memorandum of Understanding(MOU) and will keep an updated copy at each
department. The joint task force personnel from the Hawaii Police Department, Honolulu
Police Department, Maui Police Department, Kauai Police Department, and the
Department of Public Safety—Narcotics Enforcement Division will continue to
communicate,at least semi-annually, through face-to-face meetings, telephone,and/or
email as appropriate. Continue to participate and assist in interagency investigations
involving local,state, and federal jurisdictions as needed. These meetings will be used to
coordinate joint operations, training, share information and intelligence, and discuss other
enforcement efforts.
I
i
These joint task force operations and missions will be coordinated by the respective Vice I
Division Commander at the semi-annual Ineeting. The lead agency will be responsible for
collecting and reporting the statistics from that joint task force mission. Each county will
be responsible for their own expenses when their officers travel to another jurisdiction
(i.e. airfare, ground transportation,per diem, etc.). Each officer will also follow their
respective agency's"Use of Force"policy. The aforementioned as well as other areas are
covered within the MOU.The MOU is reviewed on an annual basis for any needed
modifications.
The task force will direct their investigative efforts towards identifying and arresting mid
to high level individuals involved in narcotics related offenses. Personnel will accomplish
this by using traditional, as well as new and innovative investigative methods and by
cultivating,managing, and directing confidential informants and/or undercover officers to
conduct certain activities in furtherance of narcotics investigations.
Specialized Training
Training of personnel is an essential component to the drug enforcement program.
Training will include attending conferences and workshops with topics that will be
instrumental in increasing the attendees' knowledge, investigative abilities, and work
performance.Training will also familiarize the narcotics'officers with current and up-to-
date trends of various narcotics concerns and investigative techniques. Each officer will
complete the online CTFLI training within 120 days of hire, or every 4 years. Officers
will be trained regularly in the policies and procedures and operational guidelines of the
task force. All members will be trained on the proper collection, use and dissemination of
all personal information and the protection of citizens privacy and constitutional rights.
a. Training conferences that have consistently proven to be of great value to the task
force members include the semi-annual Inter-County Criminal Intelligence Unit
(I.C.C.LU.)conference. This conference is held at varying locations in the State of
Hawaii. It typically occurs in April and October of each year and is attended by
representatives of each of the island's local law enforcement agencies, as well as the
various federal law enforcement agencies and law enforcement partners throughout
our State. Presentations given at the conference are relevant to the narcotics trends
seen in our State and are applicable to our narcotics investigations.
b. Another noteworthy annual training is the California Narcotics Officer Association
(CNOA)conference. This conference is held in California or Nevada and occurs
annually in November of each year. The topics presented at this conference are
presented by instructors who have the background and expertise to support their
teachings. In addition, the topics presented are applicable to our narcotics
investigations. It is attended by new and seasoned narcotics investigators and
narcotics supervisors from all over the western region of the United States. This
allows attendees a great opportunity to expand upon their network of available
resources when conducting narcotics investigations.
c. Lastly, the California Narcotic Canine Association conference is highly popular and
widely attended by canine handlers from the western region of the United States.
This conference is held in California and occurs annually in late January of each year.
Instruction is provided by experts who specialize in the field of narcotic canines and
topics presented are relevant to the appropriate deployment and use of narcotic
canines in narcotics investigations. Like all training opportunities, attendance at this
conference provides attendees an opportunity to network with other canine handlers
and helps to expand their network of available resources when addressing narcotic
canine related issues.
Investigations and Missions
The task force will direct their investigative efforts towards identifying and disrupting
and/or dismantling drug trafficking organizations. Arresting and prosecuting mid-level
dealers,high-level dealers, traffickers and Drug Trafficking Organizations(DTO's)will
be the priority of the task force. Low-level dealers will sometimes be targeted in hopes
of utilizing them and their information to infiltrate the upper-level dealers, traffickers and
DTO's. Personnel will accomplish this by using traditional, as well as new and
innovative, investigative methods and by cultivating, managing, and directing
confidential informants and/or undercover officers to conduct certain activities in
furtherance of narcotics investigations. When available, we will provide other agencies
with undercover police officer(s) for short or long term investigative efforts.
Search warrants,buy/busts, controlled deliveries, wiretaps, etc. will be utilized as
investigative tools to seize drugs, assets, arrest responsible parties, and disrupt and/or
dismantle drug trafficking organizations.
Task force members will direct their investigative efforts towards recovering illegal
narcotics to include but not limited to cocaine,crystal methamphetamine,heroin, and
diverted pharmaceutical pills.
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Drug Seizures
This multi jurisdictional task force represents a coordinated effort involving county
police departments along with state and federal law enforcement agencies. Funding will
allow the SMDTF to continue to conduct surveillance and covert operations to interdict
drugs, arrest drug dealers and couriers, seize monetary assets and property gained from
the sale of narcotics.
3
Community Drug Education and Awareness
Educating community members/groups about the narcotics-related topics is important in °
recognizing narcotics offenses. All too often community members are affected by
narcotics use; they either become victims of a narcotics driven crime or the narcotics user
is a family member/relative. Educating the community about narcotics-related topics will
provide the community with an awareness of indicators to look for when narcotics use
and/or distribution is suspected and inform them of the available steps to take when
narcotics offenses are suspected.
Timeline
In the process of conducting drug investigations, enough evidence shall be collected to
arrest suspects and to initiate prosecutorial procedures on a daily basis from the
beginning of the project. The timeline for the project is 12 months.
MONTH ACTIVITIES
January thru Utilize funds and expend investigative overtime to further narcotics
December investigations by conducting surveillance operations,report writing,
conducting controlled purchases utilizing confidential informants
undercover officers,buy/bust operations, surveillance operations,
re aration and execution of search warrants,etc.
January thru Throughout this project period, drug presentations, to include
December narcotic canine demonstrations, will be given to community t school
I youth/business groups as required.
January Send two Narcotic Canine Handlers/Supervisors to the annual
California Narcotic Canine Association Conference, San Diego,
California.
April Send two Officers/Supervisors to the Semi-Annual Inter-County
Criminal Intelligence Unit Conference, location to be determined
Hawaii .
April Meet with SMDTF commanders to share information and
intelligence, discuss/plan any joint operations,training and other
enforcement efforts, location to be determined(Hawaii).
October Send two Officers/Supervisors to the Semi-Annual Inter-County
Criminal Intelligence Unit Conference, location to be determined
(Hawaii).
October I Meet with SMDTF commanders to share information and
intelligence, discuss/plan any joint operations, training and other
enforcement efforts, location to be determined(Hawaii).
November Send two Officers/Supervisors to the annual California Narcotics
Officers Association Conference(California or Nevada)
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director for the Hawaii Police Department shall be the Lieutenant of the
Area 11 Vice Section. The Project Director will be responsible for the overall
management of the Project and will oversee department activities with the Statewide
Multi-Jurisdictional Drug Task Force.
The Project Director reports to the Captain of the Criminal Investigation Division. The
Criminal Investigation Division falls under the command of the Major and Assistant
Chief of Area 11 Operations.
E. PERSONNEL
The Hawaii Police Department will use existing personnel; there will be no new hires for
this Project. In addition to the Project Director, Lieutenant Reynold Kahalewai, existing
personnel are as follows:
Lieutenant Royce Serrao,
Detective Darren Cho
Detective Zachary Fernando
Detective Michael Hardie
Detective Jesse Kerr
Detective Ian Lee Loy
Detective Ernest Matsumoto Jr.
Detective Chad Taniyama
Detective Levon Stevens
Officer Justin Gaspar
Officer Kyle Hirayama
Officer Stephen Kishimoto Jr.
Officer Kimmerlyn Makuakane-Jarrell
Officer Kupono Mata
Officer Nicholas McDaniel
Officer Louie Ondo Jr.
Officer Zenas Pacheco
Officer Stephen Parker
Officer Tyler Prokopec
Officer Marco Segobia
Officer Robert Stewart
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F. BRIEF PERSONNEL BIOGRAPHIES
Project Director: Lieutenant Reynold Kahalewai, a 20-year police veteran currently
assigned as the Commander of the Area 1I Vice Section.
Additional sworn personnel include officers and detectives with specialized training and
experience within the Vice Section. The following personnel assigned to the Area I Vice
Section are identified as;
Lieutenant Royce Serrao
Detective Zachary Fernando
Detective Jesse Kerr
Detective Ian Lee Loy
Detective Ernest Matsumoto Jr.
Detective Levon Stevens
Officer Kupono Mata
Officer Louie Ondo Jr.
Officer Zenas Pacheco
Officer Robert Stewart
The following personnel assigned to the Area II Vice Section are identified as;
Detective Darren Cho
Detective Michael Hardie
Detective Chad Taniya na
Officer Justin Gaspar
Officer Kyle Hirayama
Officer Stephen Kishimoto Jr.
Officer Kimmerlyn Makuakane-Jarrell
Officer Nicholas McDaniel
Officer Stephen Parker
Officer Tyler Prokopec
Officer Marco Segobia
Support personnel (Police Records Clerks and Evidence Custodians) also possess the
specialized training and experience needed to accomplish the goals and objectives of this
project.
G. PARTICIPATING AGENCIES
The lead agency and facilitator for the County Police Departments will be the Maui
Police Department who will,through the Vice Division, coordinate technical assistance,
training,and manpower.
1. The Hawaii Police Department will conduct enforcement throughout the County of
Hawaii and request,and provide,manpower assistance to the other Counties on an "as
needed"basis.
2. The SMDTF is comprised of the following County agencies:
Hawaii Police Department
Maui Police Department
Honolulu Police Department
Kauai Police Department
Department of Public Safety-Narcotics Enforcement Division
3. Participating agencies shall include:
Bureau of Alcohol,Tobacco, and Firearms
Drug Enforcement Administration
U.S. Customs and Immigration Enforcement
U.S. Postal Service
National Park Service
U.S. Coast Guard
Federal Bureau of Investigation
U.S. Attorney
Internal Revenue Service
State Attorney General
Department of Land and Natural Resources
Hawaii National Guard
Hawaii County Prosecutors Office
Hawaii HIDTA
H. PERFORMANCE MEASURES
Information and Intelligence gathering(meetings)
Copy of MOU on file
#multi jurisdictional task force meetings and the dates/location of the meeting
floint task force missions, local participants, dates of the missions,and county the
mission took place
Specialized Training
#hours of specialized training and the training topic
#officers completing specialized training-name and dates of specialized training
Investigations
#multi-jurisdictional investigations
#of DTO's/mid to high level distributors disrupted
#of DTO's/mid to high level distributors disrupted dismantled
1
I
Drug Seizures
#narcotic seizures: type,quantity in grams, and value of drugs seized
#of weapons,#of vehicles, and total U.S. currency seized
i
Community Drug Education and Awareness
#of community presentations conducted—with date and number of community members
in attendance
The Edward Byrne Memorial Justice Assistance Grant(JAG) Performance
Measures:
The Edward Byrne Memorial Justice Assistance Grant(JAG)requires grantees to report
on specific Performance Measures for project activities. Refer to https:Hoipsso.ojp.�!ov,
to locate the performance measures to be reported on for the Law Enforcement Program
Module.
I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND
SUSTAINABILITY PLAN
It is highly likely that our community and our criminal justice system will be positively
impacted by the successful outcomes of the task force's investigative efforts. By ensuring
the task force stays abreast of the latest trends in narcotics importation/distribution, and
by providing training to task force members that is specific to putting together effective
narcotics investigations, the flow of illegal narcotics into the State is sure to decrease.
With the decrease of available narcotics, law enforcement officers, and subsequently the
criminal justice system, will see a decrease in the amount of other narcotics-driven
offenses to include burglaries, robberies, thefts, crimes against persons and/or property,
and the like.
The Statewide Multi-Jurisdictional Drug Task Force will provide the Hawaii Police
Department with the continued funding necessary to investigate and apprehend mid to
high level narcotics distributors. At the end of this project period, it is anticipated that all
of the goals and objectives will be met or surpassed. Future grant funding will be sought
in order to continue the objectives of this project.
Task force officers will continue to work towards disrupting the flow of narcotics via the
apprehension of mid-level to high-level distributors importing and distributing illegal
narcotics into and within the State of Hawaii. While the objectives may vary, existing
law enforcement personnel will be utilized to fulfill the overall goal. If the need arises,
additional manpower/ funding assistance will be sought from law enforcement personnel
from neighbor-island police departments and/or state/federal law enforcement
agencies. In addition, drug awareness information will continue to be presented to
community/school/youth/business groups as requested.
Task force officers have been seeing an increase in DTO'S (Drug Trafficking
Organizations)with members on multiple islands within the state. Continuing joint
operations are essential to gather information and ensure that all DTO members are
apprehended. If the Statewide Multi-Jurisdictional Drug Task Force projects are not
supported in the future,we will see an increase in DTO'S, street drug crimes and
violence due to drug use.
3f,3
i
{
APPLICATION FOR GRANT
FY 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
I
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal
Detective/Sergeant 9 $48 $432
Police Officer Ili 18 $42 $756
$ $
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
Detective 1 Sergeant 9 $48 10 $4320
Police Officer Ill 18 $42 10 $7560
$ $
Total Salaries and Wages $11880
B.Fringe Benefits Employee Benefits %
No.of
Position Title Positions Monthly Rate Subtotal
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $0
C. Consultant Services/Contracts
Length of
Consultant/
Scope of Consultant Estimated Contract
Service/Contract Cost Service Select as Appropriate
$ El Consultant ❑Contract
Itemize for
mainland/interisland airfare, No.of No.of
ground transportation,rental Travelers as Days
car,per diem Unit Cost a h ble Subtotal
$ $
Total Consultants/Contracts $0
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No.of
airfare,ground transportation, as Days
rental car,per them Unit Cost applicable Subtotal
I.C.C.I.U. $3,775
Airfare $225 4 $900
Per Diem $90 4 3 $1,080
Ground Transportation $65 3 $195
Excess Lodging $175 4 2 $1,400
Baggage Fee(roundtrip) $50 4 $200
CNOA Conference/Training $5,340
Airfare $1000 2 $2,000
Per Diem $145 2 6 $1,740
Ground Transportation $50 2 $100
Excess Lodging $140 2 5 $1,400
Baggage Fee(roundtrip) $50 2 $100
CNCA Conference/Training $4,770
Airfare $1000 2 $2,000
Per Diem $145 2 5 $1,450
Ground Transportation $50 2 $too
Excess Lodging $140 2 4 $1,120
Baggage Fee(roundtrip) $50 2 $100
SMDTF Meeting
Airfare $225 4 $900 $1,110
Per Diem $20 4 $80
Ground Transportation $65 2 $130
SMDTF Operations
Airfare $225 2 $450 $3,850
Per Diem $90 2 5 $900
Ground Transpotlation $65 2 5 $650
Excess Lodging $175 2 5 $1,750
Baggage Fee(roundtrip) $50 , 2 $100
Total Transportation and Subsistence $18845
E.Supplies
Itemize supplies and related costs Cost by Unit
such as printing,paper,binders,
etc. Quantity Subtotal
$ $
$ $
$ $
Total Office Supplies $
F. Equipment
Specify equipment that will be
purchased,leased,or rented. Quantity Cost by Unit Subtotal
$ $
Total Equipment
$
G.Other Costs Quantity Cost b Unit Subtotal
Confidential Funds 1 $ $11041
ICCIU Registration Fee 4 $300 $1200
CNOA Registration Fee 2 $595 1 $1190
CNCA Registration Fee 2 $350 1 $700
Total Other Costs $14131
H.Indirect Costs Base Rate % Subtotal
$ $
$ $
$ $
Total Indirect Costs $
TOTAL PROJECT COSTS $44856
BUDGET EXPLANATION:
A. Salaries and Wages
The hourly rate listed is the average overtime hourly rate of each position. The Fiscal Officer
rate wasn't utilized in calculating the average overtime rate as overtime for the position will be
deducted from the Administrative and Technical Services Bureau.
Overtime will be utilized for the furtherance of narcotics investigations, which include
activities such as confidential informant debriefings, controlled purchases and surveillance
operations,criminal investigations,interrogations/interviews,report writing,etc.
The individual totals for the overtime was obtained by multiplying the hourly rate by the
number of hours for each respective position.
B. Fringe Benefits
The composite fringe benefit rate is at %for (list positions). The rate consists of
the following fringe benefit items and computed rates:
C. Consultant Services/Contracts
Consultant Services and Contracts will not be utilized.
D. Transportation and Subsistence
L C,C.L U. (Inter County Criminal Intelligence Unit) Conference=($3,775.00)
Four(4) officers will attend this conference, which is held within the State of Hawaii. The
conference covers issues from county,state,and federal agencies. The conference focuses on
investigative highlights from different law enforcement agencies within the State of Hawai'i.
The overall goal of this conference is to share information regarding investigative techniques
and methods,discuss new drugs trends,and establish networking connections to further future
narcotics investigations.
Air Fare $225.00 x 4 ppl =$900.00
Per Diem $90.00/day x 4 ppl x 3 days =$1,080-00
Ground Transportation $65.00/day x 3 days =$195.00
Excess Lodging $175.00 x 4 ppl x 2 days =$1,400.00
Baggage Fee(roundtrip) $50.00 x 4 ppl=$200.00 =$200-00
(The County of Hawaii travel policy allows$50.00 per day for lodging and$40.00 per day for
meals,both of which are included in the Per Diem. The County also recognizes that lodging
cost will exceed the$50.00/day. Therefore, the county will reimburse lodging exceeding the
$50.00/day.)
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SMD TF Project Directors Meeting=$1,110.00
The commanders from the Area I Vice Section and Area II Vice Section will attend semi-
annual project directors meetings on an island to be determined later.
Air Fare $225.00 x 4 ppl =$900.00
Per Diem $20.00/day x 4 ppl =$80.00
Ground Transportation $65 x 2 ppl =$130.00
SMDTF Operations=$3,850
During many narcotic investigations, task force officers utilize confidential informants,
cooperating witnesses or cooperating subjects to gather information from drug trafficking
organizations. Certain investigations require the use of undercover officers to obtain
information and evidence,while maintaining an operations cover or effectiveness. Upon outer-
agency request(s), the Hawaii Police Department will send its officers to other SMDTF's
within the state to work in an undercover capacity in an attempt to infiltrate drug trafficking
organizations.
Air Fare $225.00 x 2 ppl =$450.00
Per Diem $90.00/day x 2 ppl x 5 days =$900.00 {
Ground Transportation $65 x 2 ppl x 5 days =$650.00
Excess Lodging $175.00 x 2 ppl x 5 days =$1,750.00
.Baggage Fee(roundtrip) $50.00 x 2 ppl =$100.00
E. Supplies
i
F. Equipment
G. Other Costs
Confidential Funds- $11,041
Confidential Funds will be used to purchase evidence, information, and/or services relating to
the investigations of drug trafficking organizations in the County and State of Hawaii. Crystal
methamphetamine continues to be the most popular illegal drug of choice with prices varying
from$1,000 up to$1,500 for an ounce of crystal methamphetamine. Heroin remains available
with prices varying from$2,800.00 up to$3,000.00 for a"piece"(23 grams)and$3,500.00 for
an ounce (28 grams). Diverted prescription pills are also popular, with Hydrocodone,
Oxycodone, and Methadone, being the most recovered prescription pills. These diverted
prescription pills range in prices from$10.00 to$20.00 per pill,depending on the availability.
ICCIU Conference Registration Fee $300 x 4 ppl =$1,200.00
California Narcotics Officers Association (CNOA) Conference/Training=($5,340.00)
Two(2)officers will attend this annual conference/training. The Conference/Training covers
a wide variety of topics to include proven investigative techniques, Clandestine Laboratory
Investigations,Defense Attorney Tactics,Narcotics Trafficking, Pharmaceutical Enforcement,
Tactical Decision Making, Informant Management,just to name a few. This conference offers
a plethora of information crucial to conducting successful narcotics investigations. These
classes establish the foundation for new narcotics officers and supervisors to be successful in
their investigations and to keep new and seasoned investigators and supervisors updated with
new and current narcotics trends.
Air Fare $1,000 x 2 ppl =$2,000.00
Per Diem $145.00/day x 2 ppl x 6 days =$1,740.00
Ground Transportation $50 x 2 ppl =$100.00
Excess Lodging $140.00 x 2 ppl x 5 days =$1,400.00
Baggage Fee(roundtrip) $50.00 x 2 ppl =$100.00
(The County of Hawaii travel policy allows$85.00 per day for lodging and$60.00 per day for
meals, both of which are included in the Per Diem. The County also recognizes that lodging
cost will exceed the S85.00/day. Therefore, the county will reimburse lodging exceeding the
$85.00/day.)
California Narcotics Canine Association (CNCA) Conference/Training=($4,770.00)
Two(2)officers will attend the California Narcotic Canine Association's(CNCA)conference/
training. This event will cover a wide variety of topics, instructed by experts who specialize
in the field of narcotic canines. Topics will include; Chemistry of Scent, Understanding the
K9 Olfactory, Smuggling Trends, Narco Culture, Parcel Interdiction, Hidden Compartments,
K9 First Aid, and Narcotic Detection Update, just to name a few. This conference offers a
plethora of information crucial for Narcotic Canine Handlers to be successful as they deploy
narcotic canines while conducting narcotics investigations. These classes are beneficial to new
and seasoned Narcotic Canine Handlers, and their supervisors, to ensure successful
investigations and to keep attendees updated with new and current narcotics trends/issues
relating to narcotic canines.
Air Fare $1,000 x 2 ppl =$2,000.00
Per Diem $145.00/day x 2 ppl x 5 days =$1,450.00
Ground Transportation $50 x 2 ppl =$100.00
Excess Lodging $140.00 x 2 ppl x 4 days =$1,120.00
Baggage Fee(roundtrip) $50.00 x 2 ppl =$100.00
(The County of Hawaii travel policy allows$85.00 per day for lodging and $60.00 per day for
meals, both of which are included in the Per Diem. The County also recognizes that lodging
cost will exceed the$85.00/day. Therefore, the county will reimburse lodging exceeding the
$85.00/day.)
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CNOA Conference Registration Fee $595.00 x 2 ppl =$1,190.00
CNCA Conference Registration Fee $350.00 x 2 ppl =$700.00
I
Ht Indirect Costs
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N.Attachments
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DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDITIONS
The undersigned agrees,on behalf of the applicant agency, that:
I. This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System
Improvement Formula Grant Program established under Title VI,Subtitle C,Part E,Subpart 1,of the
Anti-Drug Abuse Act of 1988(Public Law 100-690).
2. Any grant awarded pursuant to this application shall be subject to and will be administered in
conformity with:
(a) general conditions applicable to administration of grants under Title VI, Subtitle C,Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI,Subtitle C,Part E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award;and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions,the application obligations or for non-availability of
funds.
SUBMITTED BY-
DEC -4 2019
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#14 06102
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF JAG SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Requirements of the Award; Remedies for Non-Compliance or for Materially False
Statements
The conditions of this award are material requirements of the award. Compliance with
any certifications or assurances submitted by or on behalf of the Grantee that relate to
conduct during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements --whether a
condition set out in full below, a condition incorporated by reference below, or a
certification or assurance related to conduct during the award period--may result in
CPJAD taking appropriate action with respect to the Grantee and the award. Among
other things, CPJAD may withhold award funds, disallow costs, or suspend or terminate
the award. The Department of Justice and CPJAD also may take other legal action as
appropriate.
Any materially false, fictitious, or fraudulent statement to the state and/or federal
government related to this award (or concealment or omission of a material fact)may be
the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or
34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise(including under 31 U.S.C. 3729-
3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or
unenforceable by its terms, that provision shall first be applied with a limited construction
so as to give it the maximum effect permitted by law. Should it be held, instead, that the
provision is utterly invalid or unenforceable,such provision shall be deemed severable
from this award.
2. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the financial and administrative requirements set forth in 2
C.F.R. Part 200 and the current edition of the Department of Justice(DOJ)Grants
Financial Guide.
Grantee understands and agrees that CPJAD may withhold award funds, or may impose
other related requirements, if the Grantee does not satisfactorily and promptly address
outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 03/2019) 1
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3
terms of this award), or other outstanding issues that arise in connection with audits,
investigations,or reviews of CPJAD awards.
3. Reporting Requirements
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
sl
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 i
executed. The PMT web address is: https://oipsso.oin.l,ov/
The BJA reporting periods and due dates are:
■ January 1 - March 31 Due: April 15
• ApriI 1 —June 30 Due: July 15
• July 1 - 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 force,racial and ethnic bias,de-escalation of conflict, and constructive
engagement with the public.
Grantee shall submit a Semi-Annual Progress Report to CPJAD every six (6) months
following the calendar year. The progress report is 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 project period. The appropriate report form will be provided
to each project by CPJAD (AG/CPJAD#20). The report shall contain information
describing progress, accomplishments, activities, changes,and problems during the report
period and any additional information specified by the CPJAD.
4. 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
AG/CPJAD#24 FY 2018 JAG Special Conditions(revised 03/2019) 2
notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28
C.F.R., a DOJ regulation,was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief,a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules
and requirements that pertain to grantee and subgrantee organizations that engage in or
conduct explicitly religious activities, as well as rules and requirements that pertain to
grantees and subgrantees that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal
Regulations(currently accessible at http://www.ecfr.gov/cgi-bin/ECFR?page=browse),
by browsing to Title 28-Judicial Administration, Chapter 1, Part 38,under e-CFR
"current"data.
28 C.F.R. Part 54
Grantee, and any subrecipient("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex
in certain"education programs."
5. "Lobbying"Restrictions
In general, as a matter of federal law, federal funds may not be used by the Grantee, or
any subrecipient("subgrantee") at any tier,either directly or indirectly,to support or
oppose the enactment, repeal,modification, or adoption of any law, regulation, or policy,
at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded from being used by the
Grantee, or any subrecipient at any tier, to pay any person to influence(or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them)with respect to the awarding of a federal grant or cooperative
agreement,subgrant, contract, subcontract,or loan,or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a Grantee(or
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 CHAD.
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 03/2019) 3
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6. Reporting Potential Fraud,Waste, and Abuse,and Similar Misconduct
Grantee and any subrecipients("subgrantees")at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG)any credible evidence that a principal, employee,
agent, contractor, subcontractor,or other person has, in connection with funds under this
award -- 1) submitted a claim that violates the False Claims Act;or 2) committed a
criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,
gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or
relating to funds under this award should be reported to the OIG by:
i
I
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
1425 New York Avenue,N.W.
a
Suite 7100
Washington, DC 20530
Hotline: (contact information in English and Spanish): (800) 869-4499, or
Hotline fax: (202)616-9881
Additional information is available from the DOJ OIG website at
https://oig.justice.gov/hotline
7. 41 U.S.C.4712 (Including Prohibitions on Reprisal; Notice to Employees)
Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712,
including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal
funds, an abuse of authority relating to a federal grant, a substantial and specific danger
to public health or safety,or a violation of law,rule, or regulation related to a federal
grant.
Grantee also must inform its employees, in writing(and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
8. Federal Leadership on Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009),the CPJAD encourages Grantees
and 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.
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 03/2019) 4
9. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable laws, regulations,policies, and guidance
(including specific cost limits,prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences,
meetings,trainings, and other events. Information on pertinent laws, regulations,
policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
Guiding Principles for Grantees and Sub-grantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm
10. Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this CPJAD award,and those award funds have been,
are being,or are to be used, in whole or in part, for one or more of the identical cost items
for which funds are being provided under this CPJAD award, the Grantee will promptly
notify, in writing, the assigned Criminal Justice Planning Specialist for this CHAD
award, and, if so requested by CPJAD,seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding.
11. Information Technology Compliance
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for
law enforcement information sharing systems which involve interstate connectivity
between jurisdictions, such systems shall employ,to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the
Grantee can demonstrate to the satisfaction of BJA that this requirement would not be
cost effective or would impair the functionality of an existing or proposed IT system.
12. 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.
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 03/2019)
® s
13. Prohibited Conduct Related to Trafficking in Persons
Grantee, and any subgrantee at any tier,must comply with all applicable requirements
(including requirements to report allegations)pertaining to prohibited conduct related to
the trafficking of persons,whether on the part of Grantees, subgrantees, or individuals
defined(for purposes of this condition) as"employees"of the Grantee or of any
subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to
trafficking in persons are posted on the OJP web site at
https:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by grantees and subgrantees related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)), and are
incorporated by reference here.
14. General Appropriations-Law Restrictions
Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on
the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various"general provisions"in the Consolidated Appropriations Act,
2018, are set out at https://oip.gov/funding/Explore/FYI8AppropriationsRestrictions.htm
and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Grantee or
subgrantee would or might fall within the scope of an appropriations-law restriction, the
grantee is to contact CPJAD for guidance, and may not proceed without the express prior
written approval of CPJAD..
15. Requirements to Report Actual or Imminent Breach of Personally Identifiable
Information(PII)
Grantee shall have written procedures in place to respond in the event of an actual or
imminent"breach" (OMB M-17-12)of"personally identifiable information"(PII) (2
CFR 200.79), if Grantee 1)creates, collects,uses,processes, stores, maintains,
disseminates,discloses, or disposes of such"personally identifiable information"within
the scope of the grant-funded program or activity,or 2) uses or operates a"Federal
information system"(OMB Circular A-130).
Grantee's response procedures must include a requirement to report by email actual or
imminent breach of PII to the assigned CPJAD grant manager and to
hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach, or
the detection of an imminent breach, with the date and time of the breach or detection of
an imminent breach, description of actual or imminent breach, project number, project
title, name of Grantee, and Grantee contact information.
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 43/2019) 6
16. 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.
SUBMITTED BY-
Signature: s���'.�C-'�s�.,,,., Date: DEC —4 2019
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#26 FY 2018 JAG Special Conditions(revised 0312019) 7
e'
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement,criminal justice,
and victim compensation and assistance activities.
SUBMITTED(!7D
t DEC `4 2015
Signature: a —_--_._� Date:
Name: Paul Ferreira Title: Chief ofPolice
Agency: Hawaii Police Department
AGJCPJAD#3 05102
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees and
contractors with the non-discrimination requirements of:
• The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in Office of Justice
Programs, Office of Community Oriented Policing Services, and Office on Violence Against Women
funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et gqq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or
national origin in Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R.
§42.101 et seqj
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence
Against Women funded programs or activities.(29 U.S.C. §794 and 28 C.F.R. §42.501 et ggq)
• Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of
race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42
U.S.C. §10604)
• Title 11 of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of
disability in Office of Justice Programs, Office of Community Oriented Policing Services,and Office
on Violence Against Women funded programs or activities.(42 U.S.C. §12132 and 28 C.F.R. Pt. 35)
• Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in
Office of Justice Programs, Office of Community Oriented Policing Services,and Office on Violence
Against Women funded training or educational programs. (20 U.S.C. §1681 and 28 C.F.R.Pt.54)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence
Against Women funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R. §42.700 et§M.)
• 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)).
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded
from participation in, be denied the benefits of, be subjected to discrimination under, or be denied
employment in connection with any program or activity funded in whole or in part with funds made
available under this title from the U.S. Department of Justice through the Department of the Attorney
General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination
regulations may result in the suspension or termination of funding.
SUBMITTED BY( DEC -4 2019
Signature; Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#15(revised 7/2015)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs(OJP), Office for Civil Rights(OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance, the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrccipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the Hawaii Police Department (name of agency)
has non-discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
_Paul K. Ferreira Police Chief 808-961-2243
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external*agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
Signature: Date: DEC 4 2019
Name: Paul Ferreira Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
U.S.DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification is required by the regulations implementing Executive Order 12549,Debarment and
Suspension,28 CFR Part 67,Section 67.510, Participants'responsibilities.The regulations were published as Part VII of
the May 26, 1988 Federal Register(pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals are
presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Paul Ferreira, Chief of Police
Name and Title of Authorized Representative
DEC -42019
Signature Date
Hawaii Police Department
Name of Organization
349 Kapiolani Street
Address of Organization
Hilo, Hawaii 96720
OJP FORM 446111(REV.2189)Previous editions are obsolete
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower bar 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 (ESOP) Requirements
Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three.If recipient
com letes Section A or C and sub-grants a sin le award over$500,000,in addition,please coin tete Section D.
Recipient's Name:Hawaii Police Department
Address:349 Kapiolani Street,Hilo,Hawaii 96720
Is agency a;o Direct or a Sub recipient ofOJP,OVW or COPS funding?. I Law Enforcement Agency?9 Yes o No
DUNS Number:613154335 Vendor Number(only if direct recipient)
Name and Title of Contact Person:Reynold Kahalewal
Tele hone Number:808-3264646 E-Mail Address:reynold.kahalewai@hawalicounty.gov
3
Section A Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply.
I
a Less than fifty employees. a Indian Tribe a Medical institution.
a Nonprofit Organization o Educational Institution o Receiving a single award(s)less than 525,000.
i, [responsible
official], certify that
(recipient)is not required to prepare an ESOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302.
I further certify that [recipient]
will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of
services.
If recipient sub-grants a single award over$500,000,in addition,please complete,Section D
Print or Type Name and Title Signature Date
Section B Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying
That an EEOP Is on File for Review €
If a recipient agency has fifty or more employees and is receiving a single award or,subaward,of$25,000 or more,but less than$500,000,then
the recipient agency does trot have to submit an EEOP to the OCR for review as long as it certifies the following(42 CFA§42.305):
I, Paul K. Ferreira, Chief Of Police [responsible
of iciatj, certify that H�21 P "ce Deparl nt
[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 ESOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last
twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable
federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for
Civil Rights,Office of Justice Programs,U.S. Department of Justice. The ESOP is on file at the following office:
Hawaii Police Department
[organization],
349 Kapiolani Street, Hilo, HI 96720
[address]. (�� DEC _4 2019
Chief Paul K. Ferreira
Print or Type Name and title Signature Date
Section C Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil
Rights for Review
#'a recipient agency has fifty or more employees and is receiving a single award,or suboward,of$500,000 or more,then the recipient agency
must send an ESOP Short Foran to the OCR jar review.
[, [responsible
official], certify that
[recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on
[date] to the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice.
If recipient sub grants a single award over$500,000,in addition,please complete Section D
Print or 75pe Name and Title Si nature Date
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan(EEOP)Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as
amended,require some recipients of financial assistance from the U.S.Department of Justice subject to the statute's
administrative provisions to create,keep on file,submit to the Office for Civil Rights(OCR)at the Office of Justice
Programs(OJP) for review,and implement an Equal Employment Opportunity Plan(EEOP).See 28 C.F.R.pt.42,subpt.
E. 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(OJJDP),and the Office for Victims of Crime(OVC)are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women(OVW)are also subject to the ESOP requirements.If you
have any questions as to whether your award from the U.S.Department of Justice is subject to the Safe Streets Act's
EEOP requirements,please consult your grant award document,your program manager,or the OCR.
Recipients should complete either Section A or Section B or Section C,not all three. If recipient completes Section
A or C and sub-grants a single award over$500,000,in addition,please complete Section D.
Section A
The regulations exempt some recipients from all of the EEOP requirements.Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria:it is a nonprofit organization,an educational
institution,a medical institution,or an Indian tribe;or it received an award under$25,000;or it has less than fifty
employees.To claim the complete exemption from the EEOP requirements,complete Section A.
Section B
Although the regulations require some recipients to create,maintain on file,and implement an EEOP,the regulations
allow some recipients to forego submitting the EEOP to the OCR for review.Recipients that(1)are a unit of state or local
government,an agency of state or local government,or a private business;and(2)have fifty or more employees;and(3)
have received a single grant award of$25,000 or more,but less than$500,000,may claim the limited exemption from the
submission requirement by completing Section B. In completing Section B,the recipient should note that the EEOP on
file has been prepared within twenty-four months 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 OCR for review,and implement an ESOP. Recipients that have submitted an EEOP
Utilization Report(or in the process of submitting one)to the OCR,should complete Section C.
Section D
Recipients that(1)receive a single award over$500,000;and(2)subaward a single award of$500,000 or more must
provide a list; including, name,address and DUNS#of each such sub-recipient by completing Section D.
Submission Process
Recipients should download the online Certification Form,complete required sections,have the appropriate official sign
it,electronically scan the signed document,and then send the signed document to the following e-mail address:
EEOPForms@usdoj.gov. The document must have the following title:ESOP Certification. If you have questions about
completing or submitting the Certification Form,please contact the Office for Civil Rights,Office of Justice Programs,
810 7th Street,NW,Washington,DC 20531 (Telephone: (202)307.0690 and TTY: (202) 307-2027).
OMB Approval No.1121-0340 Expiration tate:12131/15
Public Reporting Burden Statement
Paperwork Reduction Act Notice.Under the Paperwork Reduction Act,a person is not required to respond to a collection
of information unless it displays a current valid OMB control number.We try to create forms and instructions that are
accurate,can be easily understood,and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form.If you have any
comments regarding the accuracy of this estimate,or suggestions for making this form simpler,you can write to the
Office of Justice Programs,810 7th Street,N.W.,Washington,D.C.20531.
DEPARTMENT OF THE ATTORNEY GENERAL.
Crime Prevention and Justice Assistance Division
I
CONFIDENTIAL FUNDS CERTIFICATION
This is to certify that I have read all of the conditions for confidential funds as set forth in the
effective edition of Office of Justice Program's Financial Guide, and I agree to abide by all the
conditions for confidential funds as set forth in the manual.
SUBMITTED BY:
DEC -4 2019
Signature: Date:
Name: Paul K. Ferreira Title: Chief of Police
Agency:
Hawaii Police Department
AG/CPJAD#18 05109