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HomeMy WebLinkAboutRES 248 Draft 01 2006-2008 ~r os p COUNTY OF HAWAII STATE OF HAWAII °'r~ oe'~:~'° RESOLUTION NO. 248 07 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, PURSUANT TO HRS 46-7, FOR A CELL PHONE/PDA VIOLENCE GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of the Attorney General, Crime Prevention and Justice Assistance Division has authorized funding towards the Hawaii County Police Department's Cell Phone/PDA Violence Project; and WHEREAS, the goal of this project is to improve Hawaii Police Department's ability to collect and store suspect's personal information from cell phones and other wireless electronic device in order to respond appropriately to violent sex crimes, domestic violence crimes, homicides and assaults against women; and WHEREAS, this goal can be accomplished by improving the evidence collection from these wireless communications devices, to include cell phones/PDAs related to the crime; and WHEREAS, this project will enable investigators in the Juvenile Aid Section and Criminal Investigation Sections from the East and West Hawaii to retrieve information/evidence from cell phones/PDAs used in violent crimes against women, and to reduce the investigating time from assignment to referral to the prosecutor's office; and WHEREAS, acquiring and having the proper equipment, software, and training to retrieve information from these kinds of electronic devices will improve the prosecution of perpetrators; and WHEREAS, the funds provided by the State of Hawaii Department of the Attorney General are derived from grants provided by the federal government; and __-w---~-.-.~ WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`i, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, the contract, attached hereto and incorporated herein by reference as Exhibit "A", to enable the County to execute the Cell Phone/PDA Violence Project. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments. Dated at xona ,Hawaii, this 25th day of July , 2007. INT DUCED BY: UVL-~. COUNCIL MEMB C Y OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD I hereby certify that the foregoing RESOLUTION was by the HiGA vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN g the County ofHawai`ion July 2v. 2007 iKEDA g JACOBSON g ATTEST NAEOLE X PILAGO X YAGONG X YOSHIMOTO X ~ 8 0 1 0 _ ~ ~ C-501/FC-122 ! _ Reference CC~UNY'Y CLERK C AN PRESIDING OFFI RESOLUTION NO. 248 O~ Project Number 02-WF-16 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of July 1, 2007, by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and Hawaii Police Department, hereinafter called "Grantee". WITNESSETH WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 42 U. S. C. 3796 et seq., as amended (hereinafter "Act"), was enacted to make grants to states for developing and strengthening effective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women. Offices and agencies of the state government, units of local government, Indian tribes, and non-profit, non-governmental victim services programs are eligible to apply to states for subgrants under the eleven broad purpose areas: Rev. 08/04 1 EXHIBIT "A" t (1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; (3) developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence; (4) developing, installing, or expanding data collection and communications systems, including computerized systems, linking police, prosecutors, and courts or for purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence; (5) developing, enlarging, or strengthening victim services programs, including sexual assault, domestic violence, and Rev. 08/04 2 dating violence programs; developing or improving delivery of victim services to underserved populations; providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted; and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault, domestic violence, and dating violence; (6) developing, enlarging and strengthening programs addressing stalking; (7) developing, enlarging and strengthening programs that address the needs and circumstances of Indian tribes dealing with violent crimes against women, including the crimes of sexual assault and domestic violence; (8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate the response of state law enforcement agencies, prosecutors, courts, victim service agencies, and other state agencies and departments to violent crimes against women, including the crimes of sexual assault, domestic violence and dating violence; (9) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, Rev. 08/04 3 analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault; (10) developing, enlarging or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of sexual assault or domestic violence, including recognizing, investigating, and prosecuting instances of such assault or violence and targeting outreach and support, counseling, and other victim services to such older and disabled individuals; and (11) providing assistance to victims of sexual assault and domestic violence in immigration matters. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; WHEREAS, Grantee is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. Part 33) or guidelines (Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grant Program Guidance), and has applied to Agency for receipt of the same as a subgrantee; Rev. 08/04 4 WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that all of the requirements of the Act and its implementing regulations have been satisfied and that Grantee is capable of using the federal funds requested 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) attached Rev. 08/04 $ hereto as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants." B. TERM OF CONTRACT. This Contract shall be in effect for the period from July 1, 2007 to and including December 31, 2007 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 Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grants Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guidance Manual entitled "Financial and Administrative Guide for Grants." Rev. 08/04 6 L 2. 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. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency and such personal property shall be delivered to the Agency in good working order upon expiration or sooner termination of this Contract. 3. 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), 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 Rev. 08/04 ~ false Drug-Free Workplace Certification, or Grantee's violation of any or all of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free workplace Certification shall subject the State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 4. 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. Rev. 08/04 8 5. 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. 6. 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 Office of Violence Against Women may require. At a minimum, Grantee Rev. 08/04 9 shall submit quarterly financial reports fifteen (15) calendar days after the end of each calendar quarter. 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 Office of Violence Against Women is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local governments which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-133. 9. Grantee shall comply with the non- discrimination requirements of the Omnibus Crime Control and Safe Street 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, and 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, and national origin; Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 which prohibit discrimination in employment and in the delivery of services or benefits based on Rev. 08/04 l~ disability; Title IX of the Education Amendments of 1972 which prohibits discrimination on the basis of sex in training or education programs; and the Age Discrimination Act of 1975 which prohibits discrimination in the delivery of services or benefits on the basis of age; Department of Justice regulations on disability (nondiscrimination on the basis of disability in the state and local government services, public accommodations and commercial facilities, and accessibility standards), 28 C.F.R. Part 35; Exec. Order No. 13279 (equal protection of the laws for faith-based and community 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. 10. 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 seq. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Ten Thousand dollars ($10,000.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly and accurately show the source, amount Rev. 08/04 11 and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which Grantee does not have the required match. 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. 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. Rev. 08/04 IZ 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 one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the subcontractor. All subcontracts shall include provisions to ensure that Grantee is capable of satisfying the requirements of this Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. F. SERVICES AS INDEPENDENT CONTRACTOR. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is Rev. 08/04 13 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 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 enforced if Grantee is an agency of the State of Hawaii. Rev. 08/04 14 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 Thirty Thousand dollars ($30,000.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. Rev. 08/04 15 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. 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 Rev. 08/04 16 Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or omissions of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all liability, loss actions, claims, suits, damages, costs or expenses, including all attorneys' fees, and all claims, suits, and demands therefore, 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 Rev. 08/04 1~ 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 enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be 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. 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 Rev. 08/04 18 this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. L. MODIFICATION OF CONTRACT. Any modification, alteration, amendment, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, permitted in this Contract shall be made by written supplemental agreement to this Contract and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the Rev. 08/04 19 period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching a party's written request with the other party's written approval thereon to this Contract. No oral modification, alteration, amendment, change, or extension of any term, provision or condition of this Contract shall be permitted. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or any extension thereof, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and Rev. 08/04 Z~ opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. The Grantee shall continue performance of the Contract to the extent it is not terminated. Notwithstanding termination of the Contract, and subject to any directions from the Agency, the Grantee shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Grantee in which the Agency has an interest. 2. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. 3. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and Rev. 08/04 21 surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 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. Rev. 08/04 22 P. DISPUTES; GOVERNING LAW; VENUE. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's request. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Except as otherwise provided in this Section, any action to enforce this contract or for breach of this Contract shall be brought only in a State court of competent jurisdiction in Honolulu, Hawaii. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed upon Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. Rev. 08/04 23 IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By APPROVED AS TO FORM: Print Name Mark J. Bennett Its Attorney General Date Deputy Attorney General State of Hawaii HAWAII POLICE DEPARTMENT ("GRANTEE") APPROVED AS TO FORM By AND LEGALITY: Print Name Harry Kim Title Mayor Date Deputy Corporation Counsel County of Hawaii APP AL RECD ENDED: By i-?~ Print Name Lawrence K. Mahuna Title Chief of Police Date ~ DD1 Rev. 08/04 24 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2007, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: ~~IGINAL DEPARTMENT OF THE ATTORNEY GENERAL f Crime Prevention and Justice Assistance Division 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPL/CAT/ON FOR S. T.O. P. V/OLENCE AGA/NST WOMEN GRANT PART 1 . TITLE PAGE A. PROJECT TITLE: Cell Phone/PDA Violence B. APPLICANT AGENCY: Hawaii Police Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: July 1, 2007-December 31, 2007 E. AUTHORIZED PROGRAM PURPOSE: To enable investigators in the Juvenile Aid Section and Criminal Investigation Sections from East and West Hawaii to retrieve information/evidence, from cell phones/PDAs used in violent crimes against women, and to reduce the investigating time from assignment to referral to the prosecutor's office. F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% 30,000.00 Agency Match 25% 10,000.00 TOTAL 40,000.00 G. PROJECT DIRECTOR: John Ancheta Title: Detective/Sergeant Address: 349 Kapiolani Street, Hilo, Hawaii, 96720 Phone: 808-961-2276 FAX: 808-961-2327 H. FINANCIAL OFFICER:Ms. Kay Oshiro Title: Accountant IV Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: 808-961-2274 FAX: 808-961-2390 FOR CPJA USE Date Received: Project Number: D2 - Wt - Exhibit A FUNDING PRIORITY Specialized Equipment to Assist in Investigations PROBLEM STATEMENT The Hawaii Police Department views sexual and domestic violence against women as a serious problem. HPD'S Sex Crime Units and Domestic Violence Units, Area I (East Hawaii) and Area II (West Hawaii), have the responsibility of investigating all Sexual Assaults and Domestic Violence cases. Many of these crimes leave clues first perpetuated through personal devices such as cell phones, PDAs (Personal Data Assistants) to name a few, and many more devices. These devices can now retain information critical to the investigation of the case. In the county of Hawaii, over a two month period, the following cases perpetrated through personal wireless devices have been identified. 1) February 2007, Harass/Stalking, M-34 makes calls and sends several text messages via cell phone to his ex-girlfriend, F-19 in violation of protective order. 2) January 2007, Harass/Stalking, M-25 makes 62 calls via cell phone to his ex- girlfriend, F-24 in violation of protective order. 3) January 2007, Hazass/Stalking, M-33 sends text messages by cell phone to his ex- girlfriend, F-29, in violation of protective order. In 2006, (19) adult females initiated cases against perpetrators who harassed/stalked or violated a protective order via text message or cell phone calls. While overal? domestic violence numbers have declined in 2006 from 2005, Honolulu Advertiser article by Kevin Dayton dated November 19, 2006, discusses the escalated violence against women in the county of Hawaii which included four murders (attached). Nationally, prosecutors in well publicized murder cases have utilized cell phone records to isolate perpetrators vicinity to victim by identifying which cell tower was used to send a call. Evidence such as recent call history with date/time stamp on it, text messages with date/time stamp and phone number to which messages were sent to, image/picture or video that was recorded with date/time stamp on it and ifweb-enabled, last web browser or a-mail client used with date/time stamp on it aze stored in personal devices. Once evidence is retrieved, investigators will submit detailed communications from offender to victim to insure a prosecutable case. The cell phone coverage on the island of Hawaii vazies according to carrier. Overall Verizon and Cingulaz appear to have 85-90% coverage followed by Nextel and T-Mobile with 60-70% coverage for the island. Note that these numbers may be misleading because al] cell phone providers have full coverage in the most populated areas on the island such as Hilo, Puna, Kona, Kau, Kohala, Waimea,etc. With this in mind, the only time you would run into problems is when you aze at the fringe area of your network. - One solution to that is shazing cell towers which enable other networks to "piggyback" cell phone coverage, and such is the case with T-Mobile. T-Mobile has extended its network in which they would "piggyback" on Cingular, thus providing coverage in areas they normally wouldn't have. Mobile phones are no longer just simply about communicating with another person. Today they are information rich devices that contain a wealth of data ranging from pictures, SMS (text messages) conversations, last called person to last known connected cell tower. Similar to computers, these devices have their known unique file systems, configurations, and applications. As a result, mobile phones represent one of the next great challenges vexing computer forensic investigators around the world. At present, HPD has one full time JAS Detective stationed in East Hawaii that has the rudimentazy knowledge to extract personal data from the suspect's cell phone or other wireless communication devices. This Detective has received training on retrieving the information from the victim's and perpetrator's cell phone/PDA. This Detective requires additional "state of the art" equipment to enhance recovery of digital evidence and specialized forensic training. GOALS AND OBJECTIVES The goal of this project is to improve Hawaii Police Department's ability to collect and store suspect's personal information from cell phones and other wireless electronic devices in order to respond appropriately to violent sex crimes, domestic violence crimes, homicides and assaults against women by improving the evidence collection from these wireless communication devices, to include cell phones/PDAs related to the crime. The objectives are to enable investigators in the Juvenile Aid Section and Criminal Investigation Sections from East and West Hawaii to retrieve information/evidence, from cell phones/PDAs used in violent crimes against women, and to reduce the investigating time from assignment to referral to the prosecutor's office. PROJECT ACTIVTIES 1. HPD upon receiving the funds for equipment will take charge and account for the use of purchasing needed equipment to retrieve information from cell phones. a. Set up Detective(s) with computer equipment and softwaze to recover cell phones used in cases of violent or sexually hazassing type crimes against women. b. Meet and confer with prosecutors on cases involving cell phones that contain evidence of crimes of violence against women two (2) times per month. c. Keep a log of all cases, date assigned and date refen•ed to Prosecutors Office as well as Deputy Prosecutor assigned, in order to monitor the efficiency of this grant acquired equipment and development of procedures to be utilized county wide. d. Train Detective and potentially other officers from West Hawaii to utilize equipment and to investigate cases of sexual harassment to violent crimes against women involving the electronic devices such as cell phones. e. Send Detectives from East and West Hawaii for updated training if available and document such training, in the event excess monies from the grant exist. 2. HPD JAS Lieutenants in East and West Hawaii shall meet on a monthly basis to review cases with trained Detectives. 3. HPD JAS Lieutenants in East and West Hawaii shall discuss cases with the trained JAS Detectives and Deputy Prosecutor assigned to the cases on a monthly basis. 4. HPD JAS Lieutenants shall keep other members of the section informed on a weekly basis of cases involving cell phones and crimes of violence against women. 5. Provide in-service training to at least (50) officers on the methodology of forensic cell phone analysis. PROJECT ORGANIZATION AND MANAGEMENT HPD JAS East Hawaii Detective, John Ancheta, currently trained in retrieval of evidence from wireless electronic equipment, will be the Project Manager. The Project Manager will be responsible for all activities and evaluation of this project. PERSONNEL HPD JAS Detective, John Ancheta . PARTICIPATING AGENCIES HPD Sexual Assault Forensic Examiner (SAFE) Coordinator, Empowering Alternatives Advocates, Prosecutors Office, Big Island Coalition Against Physical And Sexual Assault (BICAPSA), Children's Justice Center (CJC), State Department of Human Services have contact with both victims and suspects and will coordinate information that they receive to HPD. PROJECT EVALUATION The project will be evaluated by the success of attaining the following goals. 1. HPD obtain funding for the purchase of needed equipment to extract the evidence from recovered cell phones/PDA and other wireless communication devices, in violent crimes against women or sexual harassment cases. 2. To begin extracting evidence in at least six cases involving the use of cell phones/PDA and other wireless communication devices in violent crimes against women and sexual harassment . 3. To substantially reduce the time for referral of case assignments to the Prosecutors Office from eight to twelve months to six to eight months. 4. Train one (1) Detective and other officers in West Hawaii to extract evidence from cell phones/PDA and other wireless communication devices in violent crimes against women and sexual harassment. 5. Provide in-service training to at least fifty (50) officers on the methodology of forensic cell phone analysis. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM Benefits of funding this project is that evidence that was difficult to extract from cell phones will be retrieved faster, and collected digitally as evidence, in order to reduce the investigative time from initial assignment to the arrest of suspect or referral to the Prosecutor's Office. HPD needs to keep up with the new technology and crimes against women where evidence is stored in a cell phone or other wireless communication devices. Having the proper equipment, software, and training to retrieve information from these kinds of electronic devices will improve the prosecution of perpetrators. Print version - ©COPYRIGHT 2007 The Honolulu Advertiser -Hawaii's Newspaper , a Page 1 of 4 Ho~lulu~dver~isertct~m Posted on: Sunday, November 19, 2006 Domestic violence rising on Big Isle By Kevin Davton Advertiser Big Island Bureau HILO, Hawaii -All four of the homicides on the Big Island during the past year ~k involved alleged cases of domestic violence, and Big Island police say they have noticed a surge in domestic abuse arrests recently as well as cases in which domestic disputes escalate into potentially deadly confrontations. ~ 1 Police and domestic violence experts say they don't know why there would be an increase in abuse cases or deaths, but the police department leadership has been discussing the apparent trend at meetings with Chief Lawrence Mahuna, said Assistant Chief Elroy Osorio Jr. Demonstrators expressed [heir alarm In addition to the four deaths of women, another woman involved in a domestic dispute over the Big Island's surging domestic was seriously injured earlier this year when a Glenwood man used his car to ram her violence during a marcn rr;day in lino. vehicle on a Puna highway and then fatally shot himself in the head. KEVIN baPrON !The Honolulu Adver!.iser Police also are investigating a case in Ka'u in which a woman died of severe head injuries last week. Police arrested the husband of 56-year-old Yu Dejarnette in connection with her death, but the husband was later released without chazges pending further investigation. Osorio said police are making arrests in domestic cases, but that doesn't seem to be causing the numbers of cases to decline. Worse, the level of violence seems to be increasing, he said. "It used to be just some pushing and shoving, no visible injuries kind of thing, and now we're seeing weapons being involved, and more brutality than anyone really wants to see," he said. "We're all very concerned about why this is happening." Steven Zodrow, executive director of Tuming Point For Families, said he sees "a lack of interest, lack of awareness and caring about this issue" in the larger Big Island community. Tuming Point provides shelter to abuse victims, as welt as counseling and education services. Service providers tried to underscore the problem during Domestic Violence Awareness Month in October with candlelight vigils and a march, and the main event was attended by about 150 people. But Zodrow estimated 90 percent of those participants were victims or their family members, or came from nonprofits and other agencies that deal with the problem. "When a death occurs, there seems to be an immediate interest, but it doesn't progress to any movement," he said. "There's just no sincere interest, it appeazs to me, from the community to address this." http://the.honoluluadvertiser.com/article/2006/Nov/19/ln/FP611190355.html/?print=on 2/1/2007 Print version - ©COPYRIGHT 2007 The Honolulu Advertiser -Hawaii's Newspaper , a Page 2 of 4 Police statistics to the end of August show domestic abuse cases on the Big Island are running ahead of figures for last year in all parts of the island except for Hilo and Puna, said Lillian Tavares, domestic violence and sex assault victim service coordinator with Big Island police. - As of the end of August, there were 622 cases reported on the Big Island, compared ' with 582 for the same period the year before. The largest increases were in Kona and South Kohala, while the numbers of reported cases dropped in Hilo and Puna. Yt~' However, Tavares believes the true number of domestic violence cases is higher. She said some abuse cases may never be reported because the victims don't want family members to be jailed. OCR She also identified 40 additional cases from January through August that were classified as assaults rather than domestic abuse but involved intimate partners, she said. One of the problems Tavares cited is a lack of educational programs for the public. Most people don't have ready access to educational material on domestic abuse and may no[ know what [o do when they observe or become involved in domestic violence. , Denby Toci, domestic violence advocate for Child & Family Service, said there needs to be a review of both the efforts to educate the public, and the police and court efforts to hold batterers accountable for what they have done. "What I've been wifiessing is too much victims and not enough reformed batterers," she ZOdCOTN " said. { Some cases are dropped, or some abusers are sentenced to treatment programs that don't seem to have much effect, she said. "A lot of it is repeat offenders who are being ordered to get treatment for the second or third time," she said. Both Tavares and Toci said more has to be done to get the public to report abuse or suspected abuse. "Family is always the first safety net before the 911 call, because family sees everything," Tavares said. Cindy Iannce-Spencer, director of client and community services for the Domestic Violence Clearing House and Legal Hotline, said most domestic violence homicides happen when women are finally leaving a relationship. "That's the most dangerous time, and what we'd like to see is that when people make that decision to leave, they do it by talking with somebody at a domestic violence agency that can help them plan to do it in a way that will create safety for them," she said. Tha[ may mean going to a shelter, or leaving the island entirely to go into hiding, she said. Puna resident Andrena White, 37, said the rural lifestyle in some Big Island neighborhoods is "not allowing us to support each other." White was a longtime friend of Sarah Fay, a pregnant woman who died last year after she allegedly was beaten by her boyfriend. Fay was left brain-dead after the attack but remained on life support until her baby son could be delivered. "You can come here and hide out for months and months and months," White said of the Big Island. "There's a lot of land between houses, and because of that, it's sad to say but a lot of things can happen without other people hearing." http://the.honoluluadvertiser.com/article/2006/Nov/19/ln/FP611190355.html/?print=on 2/1/2007 Print version - ©COPYRIGHT 2007 The Honolulu Advertiser -Hawaii's Newspaper , a Page 3 of 4 SUSPECTED BIG ISLAND DOMESTIC VIOLENCE HOMICIDES Nov. 25, 2005 -Pregnant Sarah Fay, 34, is left brain dead after she is beaten in Puna. She remained on life support until her baby was delivered. Her boyfriend, Marwan Jackson, is charged with second-degree murder, first-degree sexual assault, kidnapping and violation of a restraining order. July 16, 2006 - Pua Lei Santa-Isabel, 26, and Casey Ann Swain, 35, are killed when the car they are in is run off a Big Island highway. Vernon Costa, 41, is charged with first- and second-degree murder in the case. Police believe Costa used a pickup truck to run the car off the road because it was also carrying his former girlfriend, Janelle Nardin, who survived. Nov. 1, 2006 - Daysha I. Aiona Aka, 21, is shot in the head and then placed in a car that is set on fire. Her former boyfriend, Jeffrey Santos Jr., 23, is charged with second-degree murder. ~.~v ~ 4_ h R ~ Fay Swain s:;::.; vG ~ i ~u Santa-Isabel Aka http://the.honoluluadvertiser.com/article/2006/Nov/19/]n/FP61 1 1 90355.htm1/?print=on 2/1/2007 Part III Budget Details ESTIMATED BUDGET SALARY AND WAGES Position Title Monthly Salary Sergeant (JAS Area 1) $5509.00( *MATCHING FUNDS (In-Kind Services)($1666.67 x 6 months) $10,000.00 FORENSIC EQUIPMENT Forensic computer for East Hawaii $8,500.00 Desktop Computer for West Hawaii $2,000.00 External Raid Drives $3,500.00 Sub total $14,000.00 FORENSIC SOFTWARE/TOOLS 2-Cellebrite UME36 Pro (tool w/software) @$1350.OOea $2,700.00 1-DataPilot Software(software/cables) @$2500.OOea $2,500.00 2-Device Seziure from Paraben(software)@$1000.00ea $2,000.00 2-Proiect-a-Phone ICD 5000 na,400.00 ea $800.00 Sub total $8,000.00 TRANSPORTATION & SUBSISTENCE Specialized Training Statewide and or U.S. Mainland (for East and West Hawaii JAS Detectives) Mobile Forensics Class-registration @2150.OOea $4300.00 Per Diem for Detectives @] 30.00/day X 6 Days X 2 Detectives $1560.00 Air Transportation to San Diego @1000.00 X 2 Detectives $1800.00 Ground Transportation na,55.00day X 6 Davs $340.00 Sub Total $8,000.00 TOTAL PROJECTED COST $40,000.00 PART IV. ATTACHMENTS • Acceptance of Conditions ~acicrJan #iaa> • Cert. Of Non-Supplanting ~AGicr.ran #3> • Cert. Of Non-Discrimination ~ACicrJAn #is> • Cert. Re: EEOP • Cert. Re: Drug-Free Workplace ~AGicrran #i6~ • Cert. Re: Debarment ~oJr Form ao6iii~ ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title N of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322. 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 N of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title N of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, 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 maybe 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 APR - 9 2DDi Signature: ~ Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD #14A (8/96) 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 ]aw enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED Signature: ~""-J Date: Name: LAWRENCE R. MAHUNA Title: POLICE CHIEF 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 complywith and will insure compliance byits subgrantees and contractors with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Title II ofthe Americans with Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department ofJustice Nondiscrimination Regulations 28 CFRPart 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds ofrace, 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 ofthe Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et• seq., it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: APR ~ ~ 2D6? Signature: Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF HAWAII POLICE DEPARTMENT Agency: AG/CPJAD #15 06/02 CERTIFICATION FORM RecipientNameandAddress: HAWAII POLICE DEPARTMENT, 349 Kapiolani St., Hilo, HI 96720 Grant Title: CELL PHONE/PDA VIOLENCE Grant Number: Award Amount: 000.00 Contact Person frame and Title: JOHN ANCHETA, SERGEANT/DETECTIVI•Phone Number: (808) 961-2276 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Officeof Communiry Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an ESOP, but they do notneed to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, nol both. If a recipient receives multiple OJP or COPS grants, pleasecomplete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S- Department of ]ustice, 810 7'h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A-Declaration Claiming Comnlete Exemntion from the EEOP Requirement Please cheek on the boxes rhar apply. ? Recipient has less than 50 employees, ? Recipient is 2n Indian tribe, ? Recipient is anon-profit organization, ? Recipi ent is an educational institution, or ? Recipient is a medical institution, ? Recipient is receiving an award less than $25,000 I [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. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I, LAWRENCE K. MAHUNA [responsibleotficial], certify that the HAWAII POLICE DEPARTMENT _ [recipient],whichhos 50 or more employees and is receiving a single award or subaward for $25,000 or mare, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seg., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Hawaii Police DeAartment (organization], at 349 Kapiolani Street, Hilo HI 96720 [addressJ,for review by the public and employees or for review or audit by officials of the relevant slat Wing agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required relevant la and regulations. APR - ~ 2DD% _ r nwRFNCF K MANTTNA, PfTT Tf F ['HTFF___ ~ _ Print or type Name and Title Signature Date OMB AootovalNo. 1121-0140 Expiration Date:01/31/06 - DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIItEMENTS I LAWRENCE K. MAHUNA (hereinafter referred to as "grantee" certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prolribited in the grantee's workplace and specifying the actions that will be taker; against employees for violation of such prohibition; (b) establishing adrug-free awazeness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy ofmaintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that maybe imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance ofthe grant be given a copy of the statement required by pazagraph (a); (d) notifying the employee in the statement required by pazagraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (e) notifying the Department of the Attorney General, State of Hawaii, within ten (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CPJAD #16 06/02 4 + M (1) taking appropriate personnel action against such an employee, up to and ' including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by aFederal, State, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance ofwork done in connection with this specific grant: 349 Kapiolani Street Street Address Street Address Hilo, Hawaii, 96720 City, State, Zip Code City, State, Zip Code Hawaii County County SUBMITT Y: APR - 9 2D0"/ Signatwe: Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CP7AD #16 06/02 U.S. DEPARTMENT OF JUSTICE • j®. ~ OFFICE OF JUSTICE PROGRAMS CFFICE OF THE COMPTROLLER Certiilcailon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) Thta certilicatlon la required Dy the regulations Implementing Executive Order 12549, Debarment and Suspension, 28 CFR Pare 87; Section 87510, Parilelpants' responaib111tles. The regulatlone were pubilahed as part VII of the May 28, 1988 Faders! Register (pages 19180-19211 (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSq {1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its prineipala are presentty debarred, suspended, proposed for debarment, declared Ineligible, orvoluntarlly excluded from participailon In this transaction by any Federal department or agency. Where the prospective lower tier participant Is unable to certify to any of the atatementa In this ceriltF. cation, such prospective participant shall attach an explanation to this proposal. LAWRENCE K. MAHUNA / POLICE CHIEF e and TItIe uthorized Repreaentailve APR ` ~ 200°t Signature Date HAWAII POLIGE DEPARTMENT Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization av soave soave taco. sisal v~..au~ wnw~u oeaora.