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HomeMy WebLinkAboutRES 300 Draft 01 2006-2008 ~cr or•q_ ~•w COUNTY OF HAWAII STATE OF HAWAII A -iTj 0~•M~~ RESOLUTION NO. 300 CI'T 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 SEXUAL ASSAULT FORENSIC EXAMINER (SAFE) TRAINING 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 Sexual Assault Forensic Examiner (SAFE) Training Project; and WHEREAS, the SAFE personnel are called upon to conduct exams on victims of sexual assault in assisting the department's Sex Crime Units, which are responsible to investigate all sexual assaults and difficult abuse cases, and also to perform forensic examinations and evidence collection of female homicide victims and domestic violence victims where sexual assault is also suspected; and WHEREAS, the goal of this project is to improve Hawaii County Police Department's ability to respond to crimes against women, primarily sexual assault, with associated domestic violence, physical abuse and homicide, with improved forensic examination services provided to victims island- wide; and WHEREAS, this goal can be accomplished by providing specialized training for SAFE personnel that is critical to ensure that best practice methods in evidence collection, investigative techniques, documentation of injuries and diseases related to sexual assault and court presentation are established; and WHEREAS, the specialized training is required to certify new SAFE nurses and to provide the continuous availability of sexual assault forensic examination for the victims; 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 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 HAWAII, 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 SAFE Training 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 Kona ,Hawaii, this 6th day of se8tember , 2007. INTROD CED BY: ~v.,`~ COUNCIL MEMBER, CO TY F AWAIT COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD X hereby certify that the foregoing RESOLUTION was by the HiGA g vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County ofHawai`ion September 6, 2007 txEDA g ATTEST JACOBSON X NAEOLE PILAGO X YAGONG g YOSHIMO"PO X ~ _ ~ 8 O 2 O p Q ~ference C-596/F'C -15 3 COUNTY CLERK CHAIRMAN & SIDING OFFICER SOLUTION NO. 300 Project Number 06-WF-02 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of September 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 fourteen broad purpose areas: Rev. 06/07 1 EXHIBIT "A" (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. 06/07 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. 06/07 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. (12) Maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families; (13) Supporting the placement of special victim assistants (to be known. as "Jessica Gonzales Victim Assistants") in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants Rev. 06/07 4 shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities - o Developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized; o Notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency; o Referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services); and o Taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; and (14) To provide funding to law enforcement agencies, nonprofit nongovernmental victim service providers, and State, tribal, territorial, and local governments, (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote - Rev. 06/07 5 o The development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as "Crystal Judson Victim Advocates", to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel: o The implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police [`Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project' July 2003]: o The development of such protocols in collaboration with State, tribal, territorial and local victim services providers and domestic violence coalitions. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; Rev. 06/07 6 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; 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. Rev. 06/07 7 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 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 September 1, 2007 to and including May 31, 2008 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 Rev. 06/07 $ 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." 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 Bev. 06/07 9 Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true at the time this Contract is executed and will remain true throughout the entire term of this Contract and any extensions, and that Grantee shall fulfill all the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of any or all of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free. Workplace Certification shall subject the. .State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 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 Rev. 06/07 10 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. 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 Rev. 06/07 11 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 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 laws, 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 Rev. 06/07 12 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 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 Rev. 06/07 13 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 Seventeen Thousand Two Hundred dollars ($17,200.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly and accurately show the source, amount 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 Rev. 06/07 14 State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed 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. Rev. 06/07 15 F. SERVICES AS INDEPENDENT CONTRACTOR. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its. agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as 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 Rev. 06/07 16 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. 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 Fifty One Thousand Six Hundred dollars ($51,600.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so Rev. 06/07 17 received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. Rev. 06/07 1$ If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or 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 Rev. 06/07 19 performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be 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. Rev. 06/07 20 K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under 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 Rev. 06/07 21 requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may 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. Rev. 06/07 22 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or any extension thereof, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. The Grantee shall continue performance of the Contract to the extent it is not terminated. Notwithstanding termination of the Contract, 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 Rev. 06/07 23 by Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, 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 Rev. 06/07 24 this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES; GOVERNING LAW; VENUE. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and 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. Rev. 06/07 25 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. 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 RE ENDED: B Print Name Lawrence K. Mahuna Title Chief of Police Date Rev. 06/07 26 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART 1. TITLE PAGE A. PROJECT TITLE: SAFE TRAINING B. APPLICANT AGENCY: Hawaii County Police Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: September 1, 2007 TO May 31, 2008 E. AUTHORIZED PROGRAM PURPOSE: Training SAFE Nurse to specifically target violence against women including sexual assault, domestic violence and homicide. F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $51,600.00 Agency Match 25% $17,200.00 TOTAL 100% $68,800.00 G. PROJECT DIRECTOR: Merle Endo RN, SANE-A Title: SAFE Nurse Coordinator Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: 808-961-8116 FAX: 808-961-2327 H. FINANCIAL OFFICER: Kay Nishibayashi Title: Accountant IV Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: 808-961-2373 FAX: 808-961-2390 FOR CPJA USE Date Received: .J~L Q Project Number: . W ~ _QZ AG/CPJA #1-VAWA (2/96) Exhibit A 1 PART II. DESCRIPTION OF PROJECT A. THE PROBLEM The Hawaii Police Department (HPD) views violence against women as a serious problem. Statistical data shows abuse cases in Hawaii County have declined over the last three yeazs. In 2004, abuse cases totaled 1057. In 2005, abuse cases declined to 979, and in 2006 that number declined even further to 937. During the period July 2006 through December 2006, a total of 458 abuse complaints were initiated, and 349 of those cases were for female victims. According to 2004 annual census the population of Hawaii County in 2004 was 162,971, an increase of 4,236 from 2003. In 2006 the number of sexual assault cases initiated for Area I and Area II totaled 288 for that reporting period. Currently, three (3) Sexual Assault Forensic Examiners are actively practicing within Hawaii County. This includes a full time Civil Service SAFE Coordinator position for Hawaii County filled in October 2006. SAFE personnel receive extensive training in recognition, evaluation, and classification of various injuries which result from traumatic sexual contact. SAFE personnel also receive further training in forensic photography, evidence collection, report-writing and other methods of documenting injuries for evidential purposes. The improved evidence collection and testimonial evidence provided by SAFE personnel to the Sex Crime Unit (SCU) Detectives and Prosecutors have contributed to the successful prosecution of many sex offenders. Evidence collected by SAFE personnel has aided detectives in successfully investigating and solving violent crimes against women in Hawaii County. SAFE personnel have also performed forensic examinations and evidence collection of female homicide victims to include Domestic Violence victims where sexual assault is also suspected. The SAFE Nurse Coordinator is a registered nurse, who performs forensic examinations, recmitment of new SAFE personnel, education, coordination of services, scheduling and conducting quality assurance activities for the Island of Hawaii. To become certified as a SAFE nurse and be able to perform forensic examinations for the Hawaii Police Department, the nurse must complete a five (5) day course in the functioning and roles of the Sexual Assault Response Team (Advocate, Law Enforcement, SAFE nurse and Prosecuting Attorney), process of State of Hawaii evidence collection protocol, effects of sexual assault, medical treatment and follow-up care or referrals for care, genital examination, evaluation of findings and documentation. In addition, the nurse must complete a three (3) day course in the specific examination, physical injuries and medical findings of sexual assault in pediatrics and male victims. The nurse must pass a didactical examination with a score of 70% and complete a 40 hour practicim preceptorship with an experienced practicing SAFE nurse. 2 Forensic examinations aze performed by SAFE personnel at the Kona Community Hospital located in Kealakekua, and at the Hilo Medical Center. The driving distance between these two hospitals is approximately 115 miles, and takes about 3 hours. Accordingly, SAFE personnel have evolved into two (2) groups one on each side of the island. The forensic examiners that conduct examinations at Hilo Medical Center work primarily with East Hawaii Area I Detectives, while the forensic examiners that conduct examinations at the Kona Community Hospital work primarily with West Hawaii Area II Detectives. The SAFE Coordinator and Hawaii Police Department's East and West Hawaii Juvenile Aid Section (JAS) Lieutenants will work together to recruit new SAFE service providers, coordinate services and perform quality assurance activities for the Island of Hawaii which will enhance crisis services response to victims of sexual assault. Activities of the SAFE Program since its inception in 1995, has had a significant impact on the County of Hawaii's ability to identify and respond to violent crimes against women. During the yeaz Januazy 1, 2006 to December 31, 2006, the SAFE Nurses conducted 56 exams. Of those 56 SAFE exams, 20 were for adult females. Prosecuting Attorneys reviewed a1120 of those cases. Specialized training for SAFE personnel is critical to ensure that best practice methods in evidence collection, investigative techniques, documentation of injuries and diseases related to sexual assault and court presentation are established. This specialized training is required to certify new SAFE nurses to provide the continuous availability of sexual assault forensic examination for the victims. At this time with only 3 certified SAFE nurses to complete the examinations, there is a long drive to Hilo or Kona by the SAFE nurse or the victim to have the examination in the event that the SAFES are unavailable on either side of the island. B. GOALS AND OBJECTNES 1. GOALS To Improve Hawaii County's ability to respond to violent crimes against women primarily sexual assault, with associated domestic violence, physical abuse and homicide with improved forensic examination services provided to victims island wide. 3 2. OBJECTNES a. To provide continuity of forensic services for victims of sexual assault, physical abuse and violent crimes against women in the County of Hawaii through best practice training for new and current SAFE personnel. b. To provide continual improvement of the expertise of SAFE personnel in evidence collection, best practice methods of SAFE examination techniques, injury documentation and court presentation in sexual assault, physical abuse and violent crimes against women by monthly multimedia meetings with the SAFE nurses, Sex Crimes Unit and Prosecutor. c. To provide the required education and training of SAFE nurses in adult, adolescent and pediatric forensic examinations to become a Certified SAFE and to be able to conduct SAFE exams in the County of Hawaii. C. PROJECT ACTNITIES 1. HPD upon receipt of funding for training of the (7) new SAFE candidates and (3) current certified SAFES; the SAFE Coordinator will set up a schedule of the classes to be attended during the grant period. 2. Each practicing SAFE and SAFE Coordinator who attends training will provide in-service training to those unable to attend. Each SAFE candidate will complete an examination following the training and obtain a score of 70%. Each in-service training session provided by or for the SAFE' S shall be documented. 3. The SAFE Coordinator and JAS Lieutenants of Area I and Area II will conduct (6) meetings to address problems and discuss program improvement. (Dates to be determined) 4. Total number of SAFE exams will be documented and a chart review completed on each exam for quality performance and improvement. 5. By August 31, 2008 there will be a total of 7 certified SAFE nurses available to perform forensic examinations on the Island of Hawaii. . D. PROJECT ORGANIZATION AND MANGEMENT The Project manager will be Merle Endo RN, SANE-A, Sexual Assault Forensic Nurse Coordinator of the Hawaii Police Department Juvenile Aid Section of Area I, situated in the Public Safety Building in East Hawaii, 349 Kapiolani Street, Hilo, Hawaii. Merle Endo will report to Lieutenant Earl Hatada ofthe project status and ensure compliance with the project guidelines and requirements. 4 E. PERSONNEL 1. One full time SAFE Nurse Coordinator employed by the County of Hawaii Police Department will oversee this grant project. This SAFE Nurse Coordinator is based in Area I (East Hawaii). 2. In Area I (East Hawaii), there is the SAFE Nurse Coordinator who assigned to standby for sexual assault forensic examinations from: 0745 HRS till 1630 HRS, Monday through Friday There is a certified SAFE nurse on call from: 1645 HRS on Fridays unti10700 HRS on Monday morning 1630 HRS till 0700 HRS, Monday through Friday In addition, a certified SAFE nurse will be assigned to be on standby on County Holidays and when the SAFE Nurse Coordinator is on scheduled vacations. 3. In Area II (West Hawaii), there will be a certified SAFE nurse assigned to standby for sexual assault forensic examinations 24 hours a day, 7 days a week. F. PERSONNELBIOGRAPHIES The resume and certification for the SAFE Nurse Coordinator is located in the Administration office of the Hawaii Police Department and will be provided upon request. The list, resume and certification for the certified SAFE nurses contracted by the Hawaii Police Department is located in the SAFE Nurse Coordinator office located in the Juvenile Aid Section of Area I, situated in the Public Safety Building in East Hawaii, 349 Kapiolani Street, Hilo, Hawaii G. PARTICIPATING AGENCIES The SAFE Nurse Coordinator and the certified SAFE nurses will work cooperatively and collaboratively with agencies and other community service providers. The Agencies which are involved with the SAFE and HPD are YWCA Empowering Alternatives Program (EAp), Bid Island Coalition Against Physical Abuse and. Sexual Assault (BICAPSA), Children's Justice Center (CJC) of East and West Hawaii, Sexual Assault Treatment Center (SATC) on Oahu, State Deparhnent of Human Services, Prosecuting Attorney of Hawaii county, Hilo Medical Center, Kona Community Hospital, North 5 Hawaii Community Hospital, Ka'u Hospital, Kapiolani Children's Hospital. The listed agencies have requested the assistance of the Hawaii Police Department and the SAFES. H. PROJECT EVAULATION Semi-annual reports will be submitted to the Project Director and will serve as an indicator of the project's success. The required progress reports will be submitted by the Project Director as specified in the grant requirements. The project will be evaluated by the success of attaining the following goals. 1. Number of days HPD will enter into memorandum of agreement with the SAFE nurses after start of project (Target goal: 30 days). 2. Percentage of retention of certified SAFE nurse each semi annual period (Target goal: 100% retention). 3. Percentage of retention of trained SAFE candidates each semi annual period (Target goal: 70% retention). 4. Number of standby SAFE nurses who will take calls 24 hrs a day, 7 days a week on each side of the island. 5. Number of minutes SAFE nurse will answer calls from the SCU Detectives (tazget goal: within 15 minutes). 6. Number of hours the SAFE nurse will have scheduled the examination or initiated the examination (Target goal: within 2 hours). 7. Number of exams completed with 90% accuracy and 90% improvement in collection of forensic evidence. 8. Number of meetings between the SAFE Nurse Coordinator and the JAS Lieutenants of Area I and Area R to address problems and program improvement (Tazget goal: 12 meetings). 6 PART III. BUDGET DETAIL AND EXPLANATION SALARY AND WAGES Position Title SAFE Nurse Coordinator $6,963.00 (20.5849%) *MATCHING FUNDS (In-Kind Services) ($433.33 x 12 months) $17,200.00 TOTAL SALARIES & BENEFITS $17,200.00 TRANSPORTATION & SUBSISTENCE For Specialized Training on U.S. Mainland for Ten (10) SAFE Personnel x one (1) each One (1) SAFE Nurse Coordinator x four (4) Registration Fee: @$500.00 X 14 $ 7,000.00 Airfare @$1,200.00 X 14 $16,800.00 Per Diem @$145.00 (7 Days) x 14 $14,210.00 Ground Trans @$75.00 per day (5 days) x 14 $ 5,250.00 Excess Lodging: @$70.00 (5 nights) x 14 $ 4,900.00 TOTAL COST FOR NATIONAL TRAINING CLASSES $48,160.00 TRANSPORTATION AND SUBSISTANCE OTHER EQUIPMENT Training Equipment (Wireless Microphone, Projector Screen, LCD projector with 3000 lumens including a DVD/AV input) $3,440.00 CONSULTANT/CONTRACTS : N/A TOTAL CONSULTANT COSTS : N/A Subtotal $51,600.00 TOTAL PROJECT COSTS $68,800.00 7 BUDGET EXPLANATION SALARIES AND WAGES 1. SAFE Nurse Coordinator (JAS Area I) Salary rate utilized is for SAFE Nurse Coordinator TRANSPORTATION AND SUBSISTANCE Travel for 10 SAFE nurses to attend specialized training focused on the most current best practices in sexual assault examination, evaluation, and assessment of women who are victims of crime including abuse and sexual assault. Travel for SAFE Coordinator to 4 Specialized training focused on the most current best practices in sexual assault examination, evaluation, and assessment of women who are victims of crimes including abuse and sexual assault and other crimes of violence against women. The training sessions to be attended and destinations are undetermined. The specialized training most beneficial to the SAFE nurses and the SAFE Coordinator will be determined by the Project Manager, the SAFE Coordinator for the County Of Hawaii and the Captains of the Criminal Investigation Divisions of Areas I and II. Hotels and flights and the number of SAFE nurses who will attend the Specialized trainings may be different. Attendees may have different arrangements and may not travel together or make accommodations at the same hotels. It is not known if shuttle services will be available until the location of the airport and hotel and the training site is known. There may be some additional informal training after the normal day hours that the attendees may want to attend to further benefit from the training. Many times the speakers have a session after class hours for information sharing, problem solving, resource building and networking. Cost for ground transportation may vary with each attendee. The cost provided is an estimate for ground transportation. (Taxi) All established State of Hawaii travel rates and restrictions to be strictly adhered to. OTHER EQUIPMENT Training Equipment (Wireless Microphone, Projector Screen, LCD projector with 3000 lumens including a DVD/AV input are needed to present local training sessions for new SAFE nurses 8 that the SAFE Nurse Coordinator is able to conduct. The equipment will be used to give the in- service training or presentations by the attendees to those who did not attend. JAS Detectives will be invited to the presentations. At present, HPD does not have the listed equipment. 9 PART IV. ATTACHMENTS • Acceptance of Conditions ~acicr.rAn #iaa~ • Cert. Of Non-Supplanting ~acicrJan #3> • Cert. Of Non-Discrimination ~aGicrrAn #is~ • Cert. Re: EEOP • Cert. Re: Drug-Free Workplace ~acicrJan #i6~ • Cert. Re: Debarment ~oJr Forte, ao6in> 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 IV of the Violent Crime Control and Law Enforcement Act of 7994, Public Law No. 103-322. 2. Any pant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of gaols under Title TV 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 IV 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 awazd; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any gant received as a result of this application maybe tenninated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED BY: 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 law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED B Signature: Dater ` Name: Lawrence K. Mahuna Title: Police Chief Agent,: Hawaii Police Department AG/CPJAD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRII~~IINATION I certifythat the applicant agencywil] comply with andwil] insure compliancebyits subgrantees and contractors with the non-discrimination requirements ofthe 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 of the Rehabilitation Act of 1973, as amended; Title II ofthe Americans with Disabilities Act (ADA) of 1990; Title D~ of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFRPart 42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy 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 anyprogam 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. The applicant agency also certifies that, ifrequired to forrnulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. sea it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTEDCB}~~ Signature: awl - Date: , Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD #15 06102 CERTIFICATION FORM RecipientName and Address: Hawaii Police Department Grant Title: gAFF TFATNTNf; GranlNumber: Award Amount: $68,800.00 Contact Person Name and Title: t.; non Fat Ha ado Phone Number:(gOg)g~lyysc, Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community 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 ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but thcy do not need to submi t 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 excmption from the submission requirement, must complete Section B below. A recipient should complete errher Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient cenifies 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. Dep artment of Justice, 8107'"Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 ar TTY (202) 307-2027. Section A- Declaration Claiming Complete Exem~on from the EEOP Requirement Pleasecheck alt the 6o:es rhnr apply. ? Recipient has less than 50 employees, ? Recipient is an Indian tribe, ? Recipient is anon-profit organization, ? Recipient is an educational institution, or ? Recipient is a medical institution, ? Recipient is receiving an award less than 525,000 I [responsible ot£cial], 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 civilrighis laws that prohibit discrirrtination 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 525,000 or more, but less than 5500,000, then the recipient agency does not have to submit an EEOP to OIP for review as long as it certifies the following (42 CP.R. § 42.305): ) Lawrence K. Mahuna [responsible official], certify that the Hawaii Police Department [recipient],whichhos 50 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 §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: [organization], at [address],for review by [he public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of ]ustice, as required b evant law d regulations. Lawrence K. Mahuna, Police Chief ' Print or type Name and Title Signature Date OMB Aoomval No. 1121-0140 Ewiration Date: 01/11:Ofi DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUII2EMENTS I, Lawrence K. Mahuna (hereinafter referred to as "gantee" 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 prohibited in the grantee's workplace and specifying the actions that will be taken 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 paragraph (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 (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 a Federal, 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 of work 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 SUBMITTED C Signature: Date: Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD #16 06/02 ' w U,S. DEPARTMENT OF JUSTICE j OFFICE OF JUSTICE PROGRAMS ' OFFICE OF THE COMPTROLLER Certifica#ton Regarding Debarment, Suspension, Inellglbillty and Voluntary t_zclusion Lower Tisr Covered Transactions (Sub•Recipient) This conification IS required by the regulations ImplemonUnp Executive Order 72549, Debarment end Suspension, Z$ CFR Pan S7, Section 67.570, Participants' rosponslbitities. The regulations were published as Pan VII of the May 2fi, 7988 Federal Register (pegos 1976p•'19277~. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (7) The prosp+ectivo lower tier participant certifies, by submlyslOn of this proposal, that neither it nor Its principals are prosontlydeDarred, suspended, proposed for debarment, deelared inallgibia,orvoluntarity exclude0 from participation in this transaction Dy any Federal departmen) or agency. (2) Where the prospoctive.lOwer tier panielpant Is una010 to certify to any of the statements Iq this CortiO• cation, such prospective participant shall attach an explanation to this proposal., laver n K Mahnna Police Chief Name and Tltlc epresentative . iii; Signaturo Date Hawaii Police Deuartment Name of Organization 349 Kaniolani Street Hilo Hawaii 96720 Address of Organization o:v r oau .oar n ou v rim v....,,,s a~ ~.•r ,n wsa.4 Debarment, Suspension, Ineligibility and Voluntary Exclusion 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. It It Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition iq other remedies available to the Federal Government, tfie department or agency with which this Irarisactlon originated may pursue available remedies, including suspension andlor debarment. 3. The prospective Tower tier participant shall provide immediate written notice to the person to which this proposal is submitted ii at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by ieason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal;' "proposal;' 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. B. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligiblllty and Voluntary Exclusion-Lower Tier Covered Transactlons,^ without modilicatlon, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. t A participant In a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its principals. Each participant may check the Nonprocurement Llst. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records 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, it 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 Io other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment.