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Home My WebLink AboutCOM 0017.029 2018-2020 Harry Kim c° . � ..�' '.�.'•. Paul K. Ferreira ,r Mayor {.' ``• �� y':•'« Police Chief +f. SMO. -- - • •rE°F '' 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: June 22, 2020 kms} TO: AARON CHUNG, COUNCIL CHAIR AND COUNCIL MEMBERS - ,. VIA: 411F • • TROLLER ... :1--rt- FROM: PAUL K. FERREIRA POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD co COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1) Name of Grant Program: Accreditation Data Management Grantor: Department of the Attorney General, State of Hawaii County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 19-CD-04 Amount of Grant: $27,510.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.47:3308.95 Grant Period (Commencement & Completion): May 1, 2020 to April 30, 2021 Purpose of Grant: To address emerging forensic issues and technology Is final report required by grantor? Yes No Notification attached: Yes No, because Comm. No. ' ' 29 Ref. To: 2tif. Date JUL 0 "Hawai'i County is an Equal Opportunity Provider and Employer" DAVID Y,IGECLARE E.CONNORS ,,,,, • e,,,,,... ;, DANA 0,VIOLA / PRS1 Vf.MT, no.,,,,,,,c,,,,,.,,,,,, STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND.JUSTICE ASSISTANCE DIVISION 235 s thpEr,,,,,,STPEET,S',1",401 H-0,00,,,,U,HA,4,01 96613 (808)586.1150 CI ag hawau govicpja June 16. 2020 The Honorable Paul Ferreira Chief'of Police IlaN.vaii Polic•e Department 349 Kapiolani Street Imo, Hawaii 96720 1)ear Chief Ferreira: Enclosed is the fully executed agreement for the following project: Project Number: 19-C1)-04 Title: Accreditation Data Management Project Period: May 1, 2020 — April 30 2021 Total Federal Amount: S 27.510 You m4 begin to request funds for your project In submitting a completed Request for Funds and Cash Balance Report (RI F) to our office. If you have an questions, please contact Dan Nlartin at 586-1164 or Da‘vn.NI.Martitvkhaixaii.gov. We look forward to the implementation of this project. Sincerely. 4Efetss---- Juliel',bato Administrator Fnclosure C: CPJAD Fiscal Office Kathy Punt.,‘ . i AGREEM ENT by and between the DEPARTMENT OF THE ATTORNEY GENERAL and the Hawaii Police Department Relating to Project No. 19-CD-04 This Agreement ("Agreement") is effective as of May I , 2020 ("Effective Date"), by and between the Department of the Attorney General, State of Hawaii ("Agency") and the Hawaii Police Department, whose business address is 349 Kapiolani Street, Hilo, Hawaii 96720 ("Grantee") (collectively. "the Parties"). RECITALS WHEREAS.the Paul Coverdell National Forensic Sciences Improvement Act. Public Law 106-561, as amended ("Coverdell"), authorizes funding to improve the quality, timeliness. and credibility of forensic science services for criminal justice purposes (hereinafter, "Coverdell Funds"); WHEREAS, award amounts are pre-determined according to the allocation criteria set forth in 34 U.S.C. §10563: WHEREAS, the Governor has designated the Agency to serve as Hawaii's office for administering the Coverdell Funds: WHEREAS, Agency applied for Coverdell Funds in the form of a Coverdell award; WHEREAS. on or about September 12. 2019. the National Institute of Justice ("NIJ"). which is a component of the Office of Justice Programs ("OJP"), U.S. Department of Justice. awarded Agency $272,275.00 in Coverdell Funds,Award No. 2019-CD-BX-0026 ("Award"); WHEREAS. Grantee is qualified to receive funds available to the State under Coverdell and its respective implementing regulations, contained in the Paul Coverdell Forensic Science Improvement Grants Program — Formula announcement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice in 2 C.F.R. Part 2800(together.the"Part 200 Uniform Requirements"), and submitted an application to Agency for receipt of the same as a subgrantee, a copy of which is attached hereto as Exhibit"A"; (rev. 3/2020) WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that Grantee has demonstrated that it is ready.willing and able to perform the services described herein. and that Grantee is capable of using the requested federal funds appropriately; and WHEREAS, Agency is satisfied that the requirements of the Award have been met for purposes of entering into this Agreement. AGREEMENT NOW THEREFORE, the Parties, for and in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the receipt of which is hereby acknowledged. agree as follows: 1. SCOPE OF SERVICES Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Agreement, furnish all labor, materials, and equipment necessary to satisfactorily perform the services (hereinafter, "Scope of Services") described in Parts H and III of Exhibit"A," attached hereto and incorporated by reference herein. 2. PROJECT PERIOD Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part I of Exhibit"A.- 3. TERM OF AGREEMENT The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on the date Agency accepts the final financial reports (Request for Funds and Cash Balance Report("RFF")and Project Expenditures and Obligations Report("PEO")) from Grantee under this Agreement ("Termination Date"), unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties. 4. REIMBURSEMENT (a) Subject to availability of funds. Grantee shall be reimbursed for all actual, allowable. allocable. and reasonable costs it incurs in performing the Scope of Services under this Agreement in an amount not-to-exceed twenty-seven thousand five hundred ten and 00/100 dollars ($27,510.00) (hereinafter, "NTE Amount"). Grantee acknowledges and agrees that it will not be reimbursed for any costs it incurs in excess of the NTE Amount in performing the Scope of Services under this Agreement. (b) Grantee acknowledges and agrees that Agency's obligation to reimburse Grantee is subject to Agency's receipt of federal funds under the Award,and at no time shall this Agreement be construed as an agreement to reimburse or compensate Grantee with funds other than those which are received from the federal government. Grantee further acknowledges and agrees that (rev. 3/2020) i T federal funds under this Agreement will be used to supplement, but not supplant, state or local funds. Failure of Agency to receive anticipated federal funds shall not be considered a breach by Agency or an excuse for nonperformance by Grantee. (c) In seeking reimbursement under this Agreement, Grantee shall submit to Agency: (i) A monthly RFF for costs it incurs in performing the Scope of Services under this Agreement within fifteen (15) calendar days after the end of each calendar month. Grantee shall submit to Agency its final RFF drawdown within thirty(30)calendar days after the end of the Project Period; and Grantee shall submit to Agency its final RFF within sixty(60)calendar days after the end of the Project Period. (ii) A quarterly PEO within fifteen (15) calendar days after the end of each calendar quarter as follows: (A) For the January 1"through March 31'calendar quarter, the PEO is due April 15th; (B) For the April I' through June 30th calendar quarter, the PEO is due July 15th; (C) For the July 1'through September 30th calendar quarter, the PEO is due October 15th;and (D) For the October 1"through December 31'calendar quarter,the PEO is due January 15th. Grantee shall submit to Agency its final PEO within sixty(60)calendar days after the end of the Project Period. Grantee expressly acknowledges that non-adherence to the above deadlines may result in the withholding of funds. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. (d) If Agency determines that a RFF or PEO requires clarification and/or revision, Agency will notify Grantee and Grantee shall respond with the requested clarification and/or revised RFF or PEO within the time specified by the Agency. Grantee expressly acknowledges and agrees that Agency may withhold payment unless and until such time Agency determines that Grantee has adequately responded to Agency's request for clarification and/or revision. (e) All funds available for use under this Agreement shall be subject to the allotment system as provided in Hawaii Revised Statutes Chapter 37. 3 (rev.3/2020) (1) All payments shall be made in accordance with and subject to Hawaii Revised Statutes Chapter 40. (g) If, at any time after payment is issued to Grantee under this Agreement, Agency determines that certain costs paid by Agency to Grantee were inappropriate or unallowable, Agency may either require that Grantee return an equivalent amount of monies to Agency or withhold an equivalent amount from any payments due and owing to Grantee. (h) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which were not encumbered by Grantee during the Project Period, all such funds shall be returned to Agency within ten(10) calendar days after the end of the Project Period. (i) If, for any reason. Grantee is in possession of any funds provided to Grantee under this Agreement which Grantee encumbered during the Project Period, but which Grantee did not disburse within sixty (60)days after the end of the Project Period, all such funds shall be returned to Agency within ten(10) calendar days. (j) If,at any time during the Term, Agency determines that Grantee is not complying with the conditions of this Agreement or satisfactorily fulfilling its obligations under this Agreement. Agency may withhold payments due and owing to Grantee until such time Agency reasonably determines that payment can be issued. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. 5. CERTIFICATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto as Exhibit "B" and incorporated by reference herein. Grantee covenants that the representations made in the signed certifications are true at the time this Agreement is executed and will remain true throughout the Term, including any extensions thereof,and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. CONFIDENTIAL MATERIAL Any information, data, report. record, summary, table, map, or study given to or prepared or assembled by Grantee under this Agreement 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. 4 (rev.3/2020) 7. 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 Agreement. and all such material shall be considered"works made for hire." No summary, report, map, chart, graph, table, study or other documents or discovery, invention,or development produced in whole or in part with funds made available under this Agreement shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. To the extent that any material, summary, report, map, chart, graph, table, study, or other documents, or discovery, invention, or development under this Agreement is not recognized as a"work made for hire"as a matter of law, Grantee hereby assigns to the Agency any and all copyrights in and to the material. 8. CONFLICT OF INTEREST Grantee expressly represents that at the time this Agreement is executed, it presently has no interest. either direct or indirect, that would conflict or adversely affect, in any manner or degree, its ability to satisfactorily perform the Scope of Services under this Agreement. Grantee covenants that this representation will remain true throughout the Term, including any extensions thereof. 9. PROGRESS REPORTS Grantee shall submit progress reports as required for Coverdell funds to Agency as required by the Acceptance of Coverdell Special Conditions in Exhibit"B." Grantee's obligation to submit progress reports to Agency shall survive the expiration or termination of this Agreement. 10. COOPERATION WITH DATA COLLECTION; ASSESSMENTS Grantee expressly acknowledges and agrees that, if requested by Agency. Grantee shall cooperate with, participate in, and/or support any data collection efforts. assessments, or information requests involving or relating to Grantee's performance of the Scope of Services under this Agreement. Grantee's obligations under this section shall survive the expiration or termination of this Agreement. 11. SUBCONTRACTING: ASSIGNMENT Grantee shall not subcontract or assign any portion of the Scope of Services under this Agreement without first obtaining the prior written approval of Agency. I f Grantee obtains Agency's approval to enter into a subcontract, Grantee shall ensure that the subcontract is in writing signed by both parties, includes all required provisions,and that the term of the subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that the subcontractor has complied with all applicable requirements and conditions before any funds are disbursed to the subcontractor. 5 (rev. 3/2020) 12. INDEPENDENT CONTRACTOR In the performance of the Scope of Services under this Agreement, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the Scope of Services; however, Agency shall have a general right to inspect Grantee's work to determine whether, in Agency's opinion, Grantee is performing the Scope of Services in accordance with the terms and provisions of this Agreement. Grantee's employees and agents are not employees or agents of the Agency by reason of this Agreement,and Grantee's employees and agents shall not be entitled to claim or receive from Agency any vacation, sick leave, retirement, or other benefits directly afforded to employees of Agency. Grantee shall be responsible for the accuracy, completeness, and adequacy of Grantee's performance under this Agreement. Grantee shall be responsible for payment of any federal, state,and county fees which may become due and owing by reason of this Agreement, including but not limited to(i) income taxes, (ii)employment related fees,assessments and taxes and(iii)general excise taxes. Grantee shall also be responsible for obtaining any licenses, permits and certificates that may be required in order to perform the Scope of Services under this Agreement. 13. INDEMNIFICATION Grantee shall defend, indemnify,and hold harmless the State of Hawaii, Agency,and their officers, agents. and employees from and against all liability, loss.actions, claims,suits, damages, and costs or expenses (including attorneys' fees) arising out of, relating to, or resulting from the acts or omissions of Grantee, its officers, employees, agents, subcontractors, and/or subgrantees under this Agreement; provided, however, that this provision shall not apply if Grantee is a State agency. 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. The provisions of this section shall survive the expiration or termination of this Agreement. 14. MODIFICATION OF CONTRACT (a) Modification by Mutual Agreement. At any time during the Project Period of this Agreement, the Parties may make modifications within the general scope of this Agreement by a written amendment signed by both Parties. (b) Unilateral Modification by Agency. At any time during the Project Period, but no later than 45 days prior to the end of the Project Period,the Administrator of the Crime Prevention and Justice Assistance Division ("CPJA Administrator"), as the authorized designee of the Attorney General, may issue a unilateral written project grant modification notice which directs Grantee to make the following changes effective as of the date specified in the written notice, or if no date is specified, as of the date the written notice is approved (hereinafter, "Modification Notice"): 6 (rev. 3/2020) (i) Changes in the Scope of Services within the scope of the Agreement; (ii) Changes in the Project Period that do not alter the scope of the Agreement;or (iii) Changes in Project Director or Financial Officer. All Modification Notices issued by the CPJA Administrator shall be incorporated in and made a part of the Agreement. If the Parties agree that a Modification Notice increases or decreases Grantee's cost of performance of the Scope of Services under this Agreement, an adjustment to the NTE Amount shall be made by written amendment to the Agreement. If Grantee believes that it is entitled to an adjustment of the NTE Amount as a result of a Modification Notice, Grantee shall file a written claim within fourteen(14)calendar days after receipt of the Modification Notice or prior to final payment under this Agreement, whichever is shorter; provided, however, that the CPJA Administrator may extend such period for filing. The requirement for filing a timely written claim for an adjustment of the NTE Amount cannot be waived and shall be a condition precedent to the assertion of a claim. Failure of the Parties to agree to an adjustment of the NTE Amount shall not excuse Grantee from proceeding with the Agreement as changed by the Modification Notice. The right of Grantee to dispute the NTE Amount shall not be waived by its performance, provided Grantee timely files a written claim. 15. TERMINATION FOR CAUSE: CONVENIENCE (a) Termination for Cause. If Grantee breaches any of its promises or fails to satisfactorily perform or fulfill its obligations under this Agreement, Agency may notify Grantee in writing of Grantee's breach or nonperformance under this Agreement (hereinafter, "Notice of Default.). If the breach or nonperformance is not cured within ten(10)calendar days of the Notice of Default, or within some other time as may be specified by Agency, Agency may terminate Grantee's right to proceed with this Agreement or portion thereof by providing Grantee with a written notice of termination (hereinafter, "Notice of Termination for Cause"). The Notice of Termination for Cause shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of Grantee's breach or nonperformance under this Agreement. (b) Termination for Convenience. Agency may terminate this Agreement, in whole or in part, at any time when the interests of the Agency so require by giving written notice of such termination to Grantee (hereinafter, "Notice of Termination for Convenience'). The Notice of Termination for Convenience shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. (c) Grantee shall be entitled to be reimbursed for all allowable, allocable, and reasonable costs actually incurred up to and including the date of Grantee's receipt of the Notice of Termination for Cause or Notice of Termination for Convenience,whichever is applicable. Any costs incurred by Grantee after Grantee's receipt of such notice will be eligible for reimbursement 7 (rev. 3/2020) only if they represent unavoidable or reasonable wind-down costs as determined by Agency in Agency's sole discretion. (d) Notwithstanding the termination of this Agreement, and subject to any directions from Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve property in the possession of Grantee in which Agency has an interest. (e) In the event of termination of this Agreement,all finished or unfinished documents, reports, summaries, lists,charts, graphs, maps, or other written material developed or prepared by Grantee under this Agreement 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 within such time specified by Agency. 16. WAIVER The failure of Agency to insist upon strict compliance with any term, provision, or condition of this Agreement shall not constitute a waiver or relinquishment of Agency's right to enforce the same in accordance with this Agreement. In the event Agency is determined to have waived a term, provision, or condition of this Agreement, it is expressly understood and agreed that such waiver shall not constitute a waiver or relinquishment of Agency's right to enforce the same as to any other or further violation. 17. DISPUTES Any dispute arising under this Agreement which is not disposed of by mutual agreement of the Parties within fifteen (15) calendar days shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute,Grantee shall proceed diligently with the performance of this Agreement unless otherwise directed by Agency. 18. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties to this Agreement, shall be governed by the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be brought in a state court of competent jurisdiction in Honolulu, Hawaii. 19. SEVERABILITY Should any provision of this Agreement 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 Agreement. 8 (rev.3/2020) , . 20. ENTIRE AGREEMENT This Agreement sets forth all of the agreements. conditions, understandings. promises. warranties, and representations between Agency and Grantee relative to this Agreement. This Agreement supersedes,all prior agreements. conditionsunderstandings. promises. warranties.and representations. which shall have no further force or effect. 21. AUTIIORITY To ENTER INTO AGREEMENT Each Part) represents and warrants to the other that it is duly authori/ed to enter into this Agreement and to fully perform its obligations hereunder. 22. COUNTERPARTS This Agreement may be executed in counterparts. each of which shall be deemed an original, and all such counterparts, shall together constitute one and the same agreement. IN WITNESS WI IEREOF. the Parties hereto have executed this Agreement as of the Flfecti‘e Date. -Agency- DEPARTMENT OF TI IL A1-11)RNE4' (iENERAI. STATE OF I IA‘VAII .API so: 3 AS TO Ft)R.*.v1: ile P Deputy Attorney General Bv: Dana 0. Viola _ _._ Its: First De'Lay Attorney General Date: Le -Grantee- I lawaii Police l)epartmen B tei rAwnott) , _ Its = favor _____ Date:_gm fini 9 (re..1 2020) • APPROVED AS TO FORM AND APPROVAL RECOMMENDED LEGAL Y /*#r By: ' ' f '7'•4By: Paul Ferreira Its: Corporation Counsel Its: Chief of Police Date: ‘7)1749 Date: MAY -7 2020 +cl 10 (rev.312020) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL APPLICATION FOR FY 2019 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA PART I. TITLE PAGE A. PROJECT TITLE: Accreditation Data Management B. APPLICANTAGENCY: Hawaii Police Department Crime Lab SYSTEM FOR AWARD MANAGEMENT(SAM) C. REGISTRATION: ® Yes ❑ No DUNS No. 613154335 Zip+4 D. ADDRESS: 349 Kapiolani St. City Hilo digits 96720-3998 E. PROJECT PERIOD: From May l 2020 To April 30,2021 F. GRANT PURPOSE: ADDRESS EMERGING FORENSIC ISSUES AND TECHNOLOGY G. ACCREDITATION: Yes ® :Attach No 0 : Date applying for accreditation: H. TOTAL PROJECT AMOUNT: $ 27,510 I. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding?Yes ® No 0 If yes,then provide name of source and the amount of funds that is being sought: Source Amount$ J. PROJECT DIRECTOR Name: Kathy A.Pung Title: Criminalist HI/Lab Supervisor Address: 349 Kapiolani St.Hilo,H196720 Telephone: 808-961-2286 E-Mail: kathy.pung(a,hawaiicounty.gov K. FINANCIAL OFFICER Name: Kelsie K. K. Kailiuli Title: Accountant III Address: 349 Kapiolani St.Hilo.HI 96720 Telephone: 808-961-2274 E-Mail: Kelsie.K.K.KailiuliP,hawaiicounty.gov FOR t'PJAD USE Date received: 4/1/2020 Project Number: 19-CD-04 EXHIBIT A AG/CPJAD#1(b) (Rev 10/2018) APPLICATION FOR FY 2019 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS PROGRAM-FORMULA PART II. PROGRAM NARRATIVE A. THE PROBLEM The current problem affecting Hawaii Police Department(HiPD) Crime Lab services is data management. The HiPD Records Management System discreetly documents Crime Lab work requests, assignment and completion. The HiPD Information Technology(IT) section now provides a list of cases assigned and closed for each month at the end of each month, it cannot provide a list of pending back log 30/60/90 day cases or average amount of days between assignment and completion. The forensic drug labs in Hawaii are discussing uniform standardized reporting of statistical data as required for federal grants. Part of that discussion relates to the period of time the statistical data(average amount of days between evidence received and •completion of case)represents. The other forensic drug labs have LIMS and can easily retrieve the data for any given amount of time. HiPD Crime Lab can provide the requested data but will require much more effort to manually extract and analyze the information needed to provide a standardized report. Currently, HiPD Crime Lab provides the average amount of days between evidence received and completion of case for a one-week period at the beginning of a grant period, and end of grant period. To give a more accurate measurement of average days between evidence received and completion of case.the other forensic drug labs provide a 6-month period prior to the beginning of a grant period and at the end of the grant period. This would take too much time to extract and analyze for HiPD Crime Lab. A LIMS for HiPD Crime Lab will greatly improve productivity and standardized information sharing. In addition to daily casework assignments. LIMS provide data management for policies, procedures,accreditation standards; laboratory forms.chemical orders and inventory, verification and validation studies,daily/monthly/annual performance verifications, audits,and more. Documents are currently stored and retrieved manually from hardcopy files and some electronic files. Efficient access to archived documents is necessary for court purposes. Casework that goes to trial requires documents relevant to that particular time in which the results were obtained. Requested documents include procedures in place at that time,quality assurance checks of instrumentation, and other laboratory documents. Keeping track of archived and updated procedures and forms is becoming more difficult with document management control and accreditation requirements. Maintaining and managing evolving recommended practices and international standards requires annual internal reviews and a large amount of records and document management. At the time of HiPD Crime Lab accreditation in early 2017,the standards in place were ISO/IEC 17025:2005 and ASCLD/LAB Supplemental requirements. ASCLD/LAB merged with ANSI National Accreditation Board (ANAB) in late 2017. AGICPJAD#1(b) (Rev 10/2018) There have been several transitions and updates to the accreditation standards and supplemental requirements since then. The Crime Lab must be compliant with the ISO/IEC 17025:2017,and ANAB Supplemental requirements before the 2020 accreditation on-site renewal assessment. All updates and changes must be documented, archived, and accessible. HPD Crime Lab is a very small lab with three full time Criminalist positions, and two Evidence Specialists positions. With the loss of one, and retirement of the other Criminalist Its,and hiring of a Criminalist I position replacement, it is important that the Crime Lab procure specialized training for personnel. Maintaining and updating Evidence Specialists knowledge and training is also important to provide quality forensic services. Mainland training opportunities that are available within this grant period may include: a Regional IAI—International Association of Identification Annual Joint Conference; AAFS—American Academy of Forensic Sciences Annual Conference; CLIC—Clandestine Laboratory Investigating Chemists Annual Technical Conference; ANAB —ANSI National Accreditation Board Internal Auditor Accreditation training, etc. A small general budget exists for Area I Operations Criminal Investigations, under which HPD Crime Lab operates. Training funds for Crime Lab personnel is very limited. B. GOALS AND OBJECTIVES Goal l: To improve productivity and standardize information sharing through updating Crime Lab data management. • Objective 1: Successfully purchase and implement a LIMS by end of grant period. • Objective 2: Increase ability to share files and improve timeliness of case turnaround by uploading 50 shared documents to the LIMS system. Goal 2: To procure professional development training for all lab personnel. • Objective 3: Increase the knowledge of up to 3 lab staff members specific to crime scene, forensic drug analysis, and or accreditation relevant topics by end of grant period C. PROJECT ACTIVITIES > Procurement of the LIMS system within the first quarter(May -July 2020). Purchase LIMS by August 2020. • Install LIMS by September 2020. > Complete training on LIMS by October/November 2020. ✓ Upload all documents to the LIMS system by November/December 2020. Document examples include shared documents, case files, procedure manuals,SOP,quality assurance manual, proficiency check. training manuals,quality control,annual certificates of maintenance,and corrective actions. > Generate LIMS monthly statistics reports beginning January 2021. > Personnel to attend(3)mainland training conferences or workshops to include crime scene, accreditation, or drug analysis relevant training that becomes available within this grant period. Exact dates of trainings are unknown at this time but will be completed by April 30, 2021. AG/CPJAD#1(b) (Rev 10/2018) D. PERSONNEL Project Director: Kathy A. Pung,Criminalist III Employed by HIPD in 2000,grant work experience from 2002 Responsible for project activities, progress reports,and performance measures Financial Officer: Kelsie K. K. Kailiuli,Accountant III Employed by HiPD in 2019, financial grant work experience from 2016 with previous employer. Responsible for grant financial records and reports. Brief biographies are provided for the personnel intending to attend crime scene or accreditation training. Vacant Position—Evidence Specialist II Jennifer S. Minaai—Evidence Specialist II B.A. Biology, University of Hawaii at Hilo. Employed by HIPD in 2008 as an Evidence Specialist I, reallocated to Evidence Specialist II in 2013. Mary S. Midkiff—Criminalist I B.A. Biology, University of Hawaii at Manoa, M.S. Counseling Psychology,Capella University. Employed by HIPD June of 2017 as an Evidence Specialist I, reallocated to Evidence Specialist 11 in 2018. 1AI certified in Basic Crime Scene Investigation in 2013. and 1A1 certified at next level up Crime Scene Analyst in 2019. Vacant Position—Criminalist II/Laboratory Quality Manager Kathy A. Pung—Criminalist III B.A. Chemistry, University of Hawaii at Hilo. M.S. Forensic DNA & Serology. University of Florida. Employed by HIPD in 2000 as a Criminalist I, reallocated to Criminalist II and promoted to Criminalist III in 2007. American Board of Criminalistics (ABC) Drug Analyst certified in 2008. E. CAPABILITIES AND COMPETENCIES HIPD Crime Lab is ANAB accredited for the following scope of activities: :- Controlled Substances Analysis Latent Print Development Serial Number Restoration Test Fire of Firearms for Operability Other Crime Lab services that are not included in the accreditation scope include: i Crime Scene Processing :tG/CPJAD#1(b) (Rev 1012018) F. PERFORMANCE MEASURES Objective 1: Successfully purchase and implement a LIMS by end of grant period. • Date LIMS was procured. • Date LIMS was purchased. • LIMS make, model and date implemented. • Names and dates of personnel completing training on LIMS. Monthly LIMS statistical report beginning November 2020. Objective 2: Increase ability to share files and improve timeliness of case turnaround by uploading 50 shared documents to the LIMS system. Number of files uploaded to LIMS. Case turnaround time at the beginning of the project period. Case turnaround time at the end of the project period. Objective 3: Increase the knowledge of up to 3 lab staff members specific to crime scene. forensic drug analysis,and or accreditation relevant topics. • Certificate of attendance and successful completion of training event. • List of Crime Lab procedure updated and implemented resulting from training. The following data required by NIJ will be provided in the semiannual report: • Average number of days to process a sample at the beginning of the grant period • Average number of days to process a sample at the end of the grant period • Number of backlogged cases at the beginning of the grant period • Number of backlogged cases at the end of the grant period • Number of forensic science personnel attending training • Number of medical examiner/coroner's office personnel attending training programs (not applicable) • Number of analysts • Number of analysts certified • Number of analysts seeking certification with FY19 Coverdell funds G. PLAN FOR COLLECTING THE DATA FOR PERFORMANCE MEASURES Project Director, Criminalist III Kathy A. Pung,will be responsible for maintaining a hardcopy and electronic grant file folder documenting correspondence, contracts, financial and progress reports. and other activities relevant to this grant. An excel worksheet will be created to document performance measures. The LIMS system will produce data sets needed to complete necessary reporting. Semi-annual progress reports and a final report will be completed and submitted by the Project Director along with any other applicable reports and materials. Monthly and Quarterly financial status reports will be completed and submitted by the Financial Officer. AG/CPJAD#1(b) (Rev 10!2018) DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD APPLICATION FOR GRANT PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A. Salaries and Wages No.of Position Title Positions Monthly rate Subtotal $ $ No.of No.of Position Title Positions Hourly Rate Hours Subtotal $ _ $ Total Salaries and Wages $0 B. Fringe Benefits Employee Benefits a 10 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 LIMS $17,760 , I year 0 Consultant 18IContract Itemize for mainland/interisland airfare, No.of No.of ground transportation,rental Travelers as Days car,per diem Unit Cost applicable Subtotal Total Consultants/Contracts $17,760 D. Transportation and Subsistence No.of Itemize for mainland/interisland Travelers No.of airfare,ground transportation, as Days rental car,per diem Unit Cost applicable Subtotal Mainland Training $2,600 3 5 $7,800 Total Transportation and Subsistence $7,800 AG/CPJAD#1(b) (Rev 1012018) • E.Supplies Itemize supplies and related costs Cost by Unit such as printing,paper,binders, etc. Quantity Subtotal $ $ Total Office Supplies $0 F. Equipment Specify equipment that will be purchased,leased,or rented. Quantity Cost by Unit Subtotal $ $ Total Equipment $0 G.Other Costs Quantity Cost by Unit Subtotal Registration& Workshop Fees 3 $650 $1950 Total Other Costs $1,950 H. Indirect Costs Base Rate(%) _ Subtotal $ $ $ Total Indirect Costs TOTAL PROJECT COSTS $27,510 AG/CPJAD#1(b) (Rev 10/2018) f BUDGET EXPLANATION: A. Salaries and Wages $0 B. Fringe Benefits $0 C. Consultant Services/Contracts $17,760 LIMS set up. license, user access, and training. Qualtrax quote includes: ✓ Concurrent licenses subscription (1 license) for 12 months =$6,000 ✓ Dedicated license subscription (0-4) for 12 months =$3,000 • Remote training,one-time fee for starting Qualtrax services =$8,000 ✓ 4.4%tax = $760 D. Transportation and Subsistence $7,800 Mainland Training on Accreditation, Drug analysis or Crime Scene (3 mainland trainings) • Per diem ($60 meals+$85 hotel)x 6 days=$870 • Mainland airfare-$1,100 • Hotel Overage -$100/night x 5 nights=$500 • Ground transportation/luggage=$130 *Based on:Hawaii State and County rates E. Supplies $0 F. Equipment SO G. Other Costs $1,950 Registration. tuition, and workshop fees for 3 trainings, each approximately $650 H. Indirect Costs SO AG/CPJAD#1(b) (Rev 10/2018) Certifications • Acceptance of Conditions (AG/CPJAD #14) • Acceptance of Special Conditions(AG/CPJAD #26) • Certification of Non-Supplanting(AG/CPJAD#3) • Certification of Non-Discrimination (AG/CPJAD #15) • Certification Form--Compliance with the Equal Employment Opportunity Plan Requirements(OMB Control No. 1121-0340) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient) (OJP Form 4061/1) • Certification of Non-Discrimination Complaint Procedures(AG/CPJAD#30) EXHIBIT B (rcv.3/2020) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees.on behalf of the applicant agency.that: 1. This project,upon approval,shall constitute an official part of the Paul Coverdell Forensic Sciences Improvement Grants(`'Coverdell grants")under part BB of Title I of the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.Sec.3797). 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title VI,Subtitle C,Part E. Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended. as applicable; (b) conditions applicable to the fiscal administration of grants under Title VI.Subtitle C.Part E. Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690). as amended, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued. by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions,the application obligations or for non-availability of funds. SUBMITTED Y: ld'.19Date: MAY —7 'n20 Signature: _ Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#14 Coverdell 01/2017 outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations, or reviews of CPJAD awards. 3. Reporting Requirements and Performance Metrics Grantee shall comply with all reporting,data collection and evaluation requirements, as prescribed by law and entailed by the NIJ in program guidance for the Coverdell program. Grantee shall also complete and submit both semi-annual progress reports and final reports. Semi-Annual Progress Reports Grantee must utilize and complete the Progress Report Format Form, AG/CPJAD#20 (Coverdell), every six months following the calendar year. The progress reports are to cover activities that the Grantee has completed and must include data on the following Coverdell identified performance measures,as applicable: Goal/Objective Performance Measures Data Grantee Provides To improve the quality and Outcome Measure Average number of days to timeliness of forensic services and 1. Percent reduction in the average process a sample at the to reduce the number of backlogged number of days from beginning of the grant period. cases in forensic laboratories. submission of a sample to a forensic science laboratory to Average number of days to the delivery of test results to a process a sample at the end of requesting agency. the grant period. 2. Percent reduction in the number Number of backlogged cases at of backlogged forensic cases. the beginning of the grant period. Output Measure The number of forensic science or Number of backlogged cases at medical examiner personnel who the end of the grant period. completed appropriate training or educational opportunities with Number of forensic science Coverdell funds(if applicable to personnel attending training. the grant) Number of medical examiner personnel attending training _ programs. The semi-annual reporting periods and due dates are: January 1 through June 30 Due: July 15 July 1 through December 31 Due: January 15 AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 2 Final Report Grantee agrees to submit a final report, at the end of this award,documenting all relevant project activities during the entire period of support under this award. This report will include the following: (1)a summary and assessment of the program carried out with the award,which shall include a comparison of pre-grant and post-grant forensic science capabilities(and shall cite the specific improvements in quality and/or timeliness of forensic science or medical examiner services);(2) the average number of days between submission of a sample to a forensic science laboratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency;and(3)an identification of the number and type of cases currently accepted by the forensic science laboratory or forensic science laboratory system. Grantee is required to collect data necessary for this report.This report is due no later than 30 days following the close of the award period or the expiration of any extension periods. Grantee shall submit the following information as part of its final report: (1)the number and nature of any allegations of serious negligence or misconduct substantially affecting the integrity of forensic results received during the 12-month period of the award;(2) information on the referrals of such allegations(e.g., the government entity or entities to which referred,the date of referral); (3) the outcome of such referrals(if known as of the date of the report); and(4) if any such allegations were not referred, the reason(s) for the non-referral. Should the project period for this award be extended, the Grantee shall submit the above information as to the first twelve months of the award as part of the first semi-annual progress report that comes due after the conclusion of the first twelve months of the project period, and shall submit the required information as to subsequent twelve-month periods every twelve months thereafter(as part of a semi-annual progress report)until the close of the award period,at which point the Grantee shall submit the required information as to any period not covered by prior reports as part of its final report. Grantee understands and agrees that funds may be withheld(including funds under future awards),or other related requirements may be imposed, if the required information is not submitted on a timely basis. 4. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination 28 C.F.R. Part 42 Grantee, and any subgrantee at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 3 28 C.F.R. Part 38 Grantee, and any subgrantee at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to Grantee and subgrantee organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Grantees and subgrantees that are faith-based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), 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. AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 4 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 CPJAD. 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 online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contact-grants.htm (select"Submit Report Online"),or by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 1425 New York Avenue,N.W. Suite 7100 Washington, DC 20530 Hotline: (contact information in English and Spanish): (800) 869-4499,or Hotline fax: (202)616-9881 Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline 7. 41 U.S.C.4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee must comply with,and is subject to,all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal grant. Grantee also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C. 4712. 8. Federal Leadership on Reducing Text Messaging While Driving AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 5 Pursuant to Executive Order 13513,'`Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October I, 2009), the CPJAD encourages Grantees and subgrantees to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 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/lmplcmentITrainingPrinciplesFOrGrantees-Subgrantees.htm 10. Duplicate Award of Federal Funds Grantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this CPJAD award,and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this CPJAD award,the Grantee will promptly notify, in writing, the assigned Criminal Justice Planning Specialist for this CPJAD award,and, if so requested by CPJAD,seek a budget or project narrative modification to eliminate any inappropriate duplication of funding. 11. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Grantee or subgrantee under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict, the reporting(in accordance with law)of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 12. Prohibited Conduct Related to Trafficking in Persons Grantee, and any subgrantee at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 6 • the trafficking of persons,whether on the part of Grantees, subgrantees,or individuals defined (for purposes of this condition)as''employees"of the Grantee or of any subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://oip.gov/funding/Explore/ProhibitcdConduct-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. 13. General Appropriations-Law Restrictions Grantee,and any subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various"general provisions" in the Consolidated Appropriations Act, 2019, are set out at https://www.ojp.gov/funding/Explore/FY l 9AppropriationsRestrictions.htm and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee would or might fall within the scope of an appropriations-law restriction, the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 14. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information (PII) Grantee shall have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)of"personally identifiable information" (PI1)(2 CFR 200.79), if Grantee 1)creates,collects,uses,processes, stores, maintains, disseminates,discloses,or disposes of such "personally identifiable information"within the scope of the grant-funded program or activity,or 2) uses or operates a"Federal information system"(OMB Circular A-130). Grantee's response procedures must include a requirement to report by email actual or imminent breach of PII to the assigned CPJAD grant manager and to hawaiiag@hawaii.gov no later than 12 hours after an occurrence of an actual breach,or the detection of an imminent breach, with the date and time of the breach or detection of an imminent breach,description of actual or imminent breach,project number,project title, name of Grantee, and Grantee contact information. 15. Employment Eligibility Verification for Hiring Under the Award Grantee. and any subrecipient("subgrantee")at any tier,must: AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 7 a)ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole or in part)with award funds,the Grantee(or any subgrantee)properly verifies the employment eligibility of the individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2); b) notify all persons associated with the Grantee(or any subgrantee)who are or will be involved in activities under this award of both this award requirement for verification of employment eligibility and the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that, generally speaking, make it unlawful, in the United States,to hire(or recruit for employment)certain aliens; c) provide training(to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S. C. 1324a(a)(1)and (2); and d)as part of recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 recorded retention requirements, as well as records of all pertinent notifications and trainings. For the purposes of this condition, persons"who are or will be involved in activities under this award"specifically includes(without limitation) any and all Grantee(or any subgrantee)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. For the purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the Grantee(or any subgrantee)may choose to participate in,and use, E-Verify(www.e-verify.gov),provided an appropriate person authorized to act on behalf of the Grantee(or subgrantee)uses E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. 16. Unreasonable Restrictions on Competition Under the Award; Association with Federal Government This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award, whether by the Grantee or by any subrecipient ("subgrantee")at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement,or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward(at any tier). Consistent with the(DOJ)Part 200 Uniform Requirements—including as set out at 2 C.F.R. 200.300(requiring awards to be'`manage[d] and administer[edj in a manner so as AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 8 to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring"[alit procurement transactions[to] be conducted in a manner providing full and open competition"and forbidding practices "restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking"[a]ny arbitrary action in the procurement process")— no Grantee(or subgrantee, at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by CPJAD. The term"associate of the federal government"means any person or entity engaged or employed (in the past or at present)by or on behalf of the federal government—as an employee,contractor or subcontractor(at any tier), grantee or sugrantree(at any tier), agent,or otherwise--in undertaking any work,project,or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,project, or activity(or to provide such goods or services) in future. 17. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated in the application for award(as approved by CPJAD) (or in the application for any subaward at any tier), the funding announcement(solicitation), or an associated federal or state statute—that a purpose of some or all of the activities to be carried out under the award(whether by the Grantee or subgrantee at any tier) is to benefit a set of individuals under 18 years of age. Grantee, and any subgrantee at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at haps://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 18. Generally Accepted Laboratory Practices Grantee shall ensure that any forensic laboratory, forensic laboratory system, medical examiner's office,or coroner's office that will receive any portion of the award uses generally accepted laboratory practices and procedures as established by accrediting organizations or appropriate certifying bodies. AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 9 • 19. External Investigations Grantee shall ensure that the requirements of 34 U.S.C. section 10562(4)(which relate to independent external investigations into allegations of serious negligence or misconduct by employees or contractors)are satisfied with respect to any forensic laboratory system, medical examiner's office, coroner's office, law enforcement storage facility,or medical facility in the State that will receive a portion of the grant amount. 20. Use of Funds No Research. Funds provided under this award shall be used only for the purposes and types of expenses set forth in the solicitation for the Paul Coverdell Forensic Science Improvement Grants Program. Funds shall not be used for general law enforcement functions or non-forensic investigatory functions, and shall not be used for research or statistical projects or activities. Use of award funds for construction of new facilities is restricted by statute. Any questions concerning this provision should be directed to the CPJAD Criminal Justice Planning Specialist prior to incurring the expense or commencing the activity in question. Grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any laws, regulation or policy,at any level of government, without the express prior written approval of CPJAD. 21. Press Releases Grantee shall transmit to the assigned CPJAD Criminal Justice Planning Specialist copies of all official grant-related press releases at least thirty (30)working days prior to public release. Advance notice permits time for coordination of release of information by CPJAD and NIJ where appropriate and to respond to press or public inquiries. 22. Development and Use of Publications,Curricula,Training Materials,etc. To assist in information sharing,the Grantee shall provide the assigned CPJAD Criminal Justice Planning Specialist with a copy of publications(including those prepared for conferences and other presentations)resulting from this award,prior to their public release. NIJ defines publications as any written, visual, or sound material substantively based on the project, formally prepared by the Grantee for dissemination to the public. Submission of publications prior to their public release aids CPJAD and NIJ in responding to any inquiries that may arise. Any publications(written,visual,or sound)— excluding press releases and newsletters—whether published at the Grantee's or government's expense, shall contain the following statement: "This project was supported by Award No. , awarded by the National Institute of Justice, Dice of Justice Programs, U.S Department AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 10 of Justice. The opinions,finding, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice or the Hawaii Department of the Attorney General." This statement shall appear on the first page of written publications. For audio and video publications, it shall be included immediately after the title of the publication in the audio or video file. (*) Grantee should contact the assigned CPJAD Criminal Justice Planning Specialist for the federal grant number. 23. Copyrights Grantee acknowledges that the Office of Justice Programs reserves a royalty-free,non- exclusive, and irrevocable license to reproduce,publish,or otherwise use, and authorize others to use(in whole or in part, including in connection with derivative works), for Federal purposes: (1)the copyright in any work developed under an award or subaward; and(2) any rights of copyright to which a Grantee or subgrantee purchases ownership with Federal support. Grantee acknowledges that the Office of Justice Programs has the right to(1)obtain, reproduce,publish, or otherwise use the data first produced under an award or subaward; and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. It is the responsibility of the Grantee(and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. 24. Accreditation Grantee shall ensure that any forensic laboratory or forensic laboratory system(not including any medical examiner's office or coroner's office)that will receive any portion of the award either is accredited,or will use a portion of this award to prepare and apply for accreditation by not more than two years from the award date of this award. If accredited, Grantee must continue to demonstrate such accreditation as a condition of receiving or using the award funds. If not accredited,Grantee must use the award funds to prepare and apply for accreditation. Grantee is to contact CPJAD for clarification or guidance if it should have any question as to what constitutes proper accreditation for the purposes of the Coverdell program. Award funds may not be used under this award by a forensic laboratory or forensic laboratory system with accreditation(or by such laboratory to obtain accreditation)that AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 11 CPJAD determines not to be consistent with the Coverdell law and the solicitation or to be otherwise deficient. Grantee agrees to notify CPJAD promptly upon any change in the accreditation status of any forensic science laboratory or forensic laboratory system that receives funding under this award. SUBMITTED pn Signature: Date: MAY ` 7 2020 Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#26 FY 2019 Coverdell Special Conditions(revised 02/2020) 12 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 Signature: •Et.. -- - Date: MAY ` 7 2020 Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION 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 sem) • 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 sea..) • 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 seq.) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of race, color. national origin, religion, sex. or disability in VOCA funded programs or activities. (42 U.S.C. §10604) • Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in Office of Justice Programs. Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities. (42 U.S.C. §12132 and 28 C.F.R. Pt. 35) • Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in Office of Justice Programs. Office of Community Oriented Policing Services,and Office on Violence Against Women funded training or educational programs.(20 U.S.C. §1681 and 28 C.F.R. Pt. 54) • The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in Office of Justice Programs. Office of Community Oriented Policing Services, and Office on Violence Against Women funded programs or activities.(42 U.S.C. §6102 and 28 C.F.R. §42.700 et sea,) • Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. • Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith- based organizations. • The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 § 3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race. color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part with funds made available through VAWA or the Office on Violence Against Women. (42 U.S.C. § I3925(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 B . Signature: -- . Date: MAY ` 7 7020 Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#15(revised 7/2015) CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan(EEOP)Requirements Please read carefully the Instructions(see below)and then complete Section A or Section 13 or Section C.not all three. If recipient completes Section A or C and sub-grants a single award over S500,000,in addition,please complete Section D. Recipient's Name:Hawaii Police Department Address:349 Kapiolani Street,Hilo,Hawaii 96720 Is agency a:o Direct ore Sub recipient of OJP,OVW or COPS funding? I Law Enforcement Agency?tif Yes o No DUNS Number:613154335 I Vendor Number(only if direct recipient) Name and Title of Contact Person:Kathy Pung Tele•hone Number:808-961-2286 E-Mail Address:kathy.pung@hawaiicounty.gov Section A--Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. o Less than fifty employees. o Indian Tribe o Medical Institution. o Nonprofit Organization o Educational Institution o Receiving a single award(s)less than S25,000. l [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub-grants a single award over$500,000,in addition,please complete Section D Print or T . Name and Title Sl• -tare Date Section B---Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review !fa recipient agency has fifty or more employees and is receiving a single award or.subaward.of 525.000 or more,but less than$500.000.then 11w recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C l:R.§42.305): I. Paul K.Ferreira Chief of Police Iresponsihle official], certify that Hawaii Police Department [recipient],which has fifty or more employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000.has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable federal law. it is available for review by the public,employees,the appropriate state planning agency,and the Office for Civil Rights.Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Hawaii Police Department [organization], 349 Kapiolani Street,Hilo,HI 96720 [address]. Paul K.Ferreira,Chief of Police MAY -7 7020 Print or Tv' Name and Title Si.nature Date Section C Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward,of$500,000 or more,then the recipient agency must send an EEOP Short Form to the OCR for review. 1, [responsible official], certify that [recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated an EEOP in accordance with 28 CFR pt.42, subpt. E,and sent it for review on [date] to the Office for Civil Rights,Office of Justice Programs,U.S.Department of Justice. If recipient sub-grants a single award over$500,000.in addition,please complete Section D Print or Type Name and Title Signature Date Section D—Declaration Stating that Recipient Subawards a Single Award Over S500,000 ija recipient agency subawards a single award of3500.000 or more then the granting agency should provide a list:including.name,address and DUNS t=of each such sub-recipient. Sub-Recipient Agency Name/Address Sub-Recipient DUNS Number If additional space in necessary,please duplicate this page. OM B Control No 1121-0340 Expiration Date: 12/31/2013 • U.S.DEPARTMENT OF JUSTICE -'.t 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. PaulPerrierarehiefefPellee Paul Ferreira, Chief of Police Name and Title of Authorized Representative MAY 7 2020 Signature Date Hawaii Police Department Name of Organization 349 Kapiolani Street Address of Organization Hilo, Hawaii 96720 OJP FORM 4061/1(REV.2/89)Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES The U.S. Department of Justice,Office of Justice Programs(OJP),Office for Civil Rights(OCR) has jurisdiction to investigate complaints of discrimination against recipients of funding from OJP(which includes component agencies such as the Bureau of Justice Assistance, the Office for Victims of Crime, and the National Institute of Justice),Office on Violence Against Women,and the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should have non-discrimination complaint procedures. Therefore, I certify that the Hawaii Police Department (name of agency) has non-discrimination complaint procedures which include: (1) a coordinator who is responsible for overseeing the complaint process. The agency's coordinator is: Paul K. Ferreira Chief of Police (8081 961-2244 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: Si nature: Date: MAY -72020 g Name: Paul Ferreira Title: Chief of Police (Head of Agency or Designee) AG/CPJA.D#30 6/2010