HomeMy WebLinkAboutRES 370 Draft 01 2008-2010 COUNTY OF HAWAII - - : / .M. =��fle.: STATE OF HAWAII
RESOLUTION NO. 370 10
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 POLICE
DEPARTMENT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime
Prevention and Justice Assistance Division has authorized funding towards the Hawaii
Police Department's Cell Phone /PDA Violence Project; and
WHEREAS, the goal of this project is to improve Hawaii Police Department's
ability to respond to crimes against women perpetrated through wireless /electronic
communication devices; and
WHEREAS, this goal can be accomplished by increasing training for the
department's personnel investigating crimes perpetrated through the use of
wireless /electronic communication devices; and
WHEREAS, another objective is to update or purchase equipment to further
enhance the retrieval of digital evidence for crimes involving domestic violence, sex
assaults, dating violence and /or stalking; 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 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 Kona , Hawaii, this 18th day of August , 2010.
INTRODUCED BY:
ru
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i ENRIQUES X
FORD X
I hereby certify that the foregoing RESOLUTION was by GREENWELL X
the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN
County of Hawai`i on August 18, 2010 X
IKEDA X
NAEOLE - BEASON X
ATTEST: ONISHI X
YAGONG X
YOSHIMOTO X
�- 8 0 1 0
•� Reference: C- 881 /FC -1 hg
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 370 10
t ,
Project Number 08 -WF -07
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of July 1, 2010, by and between
the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency," by and through the Attorney
General, and the Hawaii Police Department, 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:
EXHIBIT "A"
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(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
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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,
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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 shall
have expertise in domestic violence, dating violence,
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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 -
° The development and implementation of training for local
victim domestic violence service providers, and to fund
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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:
° 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]):
° 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;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its implementing
regulations contained in the STOP Violence Against Women Formula
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c
Grant Program Guidance, and 28 C.F.R. Chapter 1, Part 66, 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.
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
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the "Application For Grant" (Parts I through IV including all
certifications required under Section C) and the Acceptance of
VAWA Special Conditions attached hereto as Exhibit "A" and by
reference incorporated herein. It is understood that this
Contract includes as a part hereof any rules, relevant
directives or instructions issued by the United States or the
Agency, including the provisions of the federal Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from
July 1, 2010 to and including April 30, 2011 unless this
Contract is sooner terminated as hereinafter provided or unless
this Contract is extended in accordance with Section L of this
Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Office on Violence Against Women, 28 C.F.R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
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•
Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
Guide."
2. Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal,
State and local government which in any way affect its
performance under this Contract.
3. Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance
with Office of Management and Budget Circular A -133.
4. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and
submit to Agency a Certification Regarding Drug -Free
Workplace Requirements which meets the requirements of the
Drug -Free Workplace Act of 1988 (Pub. L. 100 -690, Title V,
Subtitle D, U.S.C., Title 41, Chapter 10, §702),
hereinafter referred to as the "Drug -Free Workplace
Certification." A copy of the Drug -Free Workplace
Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the
representations made in the Drug -Free Workplace
Certification are true at the time this Contract is
executed and will remain true throughout the entire term of
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this Contract and any extensions, and that Grantee shall
fulfill all the requirements set forth therein. Grantee's
execution and submission of a false Drug -Free Workplace
Certification, or Grantee's violation of any or all of the
requirements set forth therein shall entitle Agency to
suspend one or more payments under this Contract, and /or
terminate this Contract pursuant to the provisions of
Section N of this Contract. Grantee warrants that it is
aware that such false certification or violation of the
requirements contained in the Drug -Free Workplace
Certification shall subject the State of Hawaii to
government -wide suspension or debarment, or other sanctions
which, in turn, shall result in the withdrawal of funds
from Grantee and /or the unavailability of future funding
for Grantee.
5. 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
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executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall
fulfill any and all terms and conditions set forth therein.
6. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and
submit to Agency a Certification of Non - Supplanting,
hereinafter referred to as the "Non- Supplanting
Certification." A copy of the Non - Supplanting
Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the
representations made in the Non - Supplanting Certification
are true at the time this Contract is executed and will
remain true throughout the entire term of the Contract and
any extensions, and that Grantee shall fulfill any and all
terms and conditions set forth therein.
7. Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification
Regarding Lobbying, hereinafter referred to as the
"Lobbying Certification," and any subsequent disclosure
forms required under Section 1352, Title 31 U. S. C. A
copy of the Lobbying Certification shall be included in
Part IV of the Application for Grant. Grantee covenants
that the representations made in the Lobbying Certification
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are true at the time this Contract is executed and will
remain true throughout the entire term of the Contract and
any extensions, and that Grantee shall fulfill any and all
terms and conditions set forth therein.
8. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control
and Safe Streets Act of 1968 which prohibits discrimination
in employment and in the delivery of services or benefits
on the basis of race, color, national origin, religion, or
sex; Title VI of the Civil Rights Act of 1964 which
prohibits discrimination in the delivery of services or
benefits on the basis of race, color, or national origin;
Section 504 of the Rehabilitation Act of 1973 and Title II
of the Americans with Disabilities Act of 1990 which
prohibit discrimination in employment and in the delivery
of services or benefits based on disability; Title IX of
the Education Amendments of 1972 which prohibits
discrimination on the basis of sex in training or
educational programs; the Age Discrimination Act of 1975
which prohibits discrimination in the delivery of services
or benefits on the basis of age; 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
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accessibility standards), 28 C.F.R. Part 35; Exec. Order
No. 13279, 28 C.F.R. Part 38 (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.
9. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity
Program in accordance with 28 C.F.R. §§ 42.301 et seq. it
will submit a certification to Agency that a current
program is on file.
10. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately
and properly reflect all direct and indirect expenditures
and all interest or other income earned as the result of
funds provided pursuant to this Contract. Grantee shall
ensure that its own books, records, and documents are
available for inspection, reviews or audits at all
reasonable times by Agency or the United States Department
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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 on Violence Against Women may require.
Grantee shall submit quarterly financial reports fifteen
(15) calendar days after the end of each calendar quarter.
Grantee shall submit monthly request for funds and cash
balance reports fifteen (15) calendar days after the end of
each month. The final fiscal reports must be received by
Agency within sixty (60) days after the date this Contract
terminates or unless mandated earlier by Agency. Records
and financial accounts shall be retained by the Grantee and
shall be accessible to Agency and the United States
Department of Justice for at least three years after
Agency's grant with the Office on Violence Against Women is
closed.
11. The final drawdown for funds must be
received by Agency within thirty (30) days after the date
this Contract terminates.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
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.
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13. Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under
Part IV. Attachments, Acceptance of VAWA Special
Conditions.
14. If so required. by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable
personal property purchased or acquired with funds received
under this Contract will be used for criminal justice
purposes before title in such property may vest in Grantee.
Grantee shall submit a certification to Agency within
thirty (30) days after the date this Contract terminates.
If a certification is not provided by Grantee, title to any
personal property purchased or acquired with funds received
under this. Contract shall vest in Agency and such personal
property shall be delivered to the Agency in good working
order upon expiration or sooner termination of this
Contract.
15. Grantee shall ensure that Thirteen Thousand,
Three Hundred Seventy dollars ($13,370.00) 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
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matching contribution, Grantee shall return all of the
federal portion of the project cost for which Grantee does
not have the required match.
D. PERSONNEL.
1. Grantee shall secure at its own expense all
personnel required to perform the services required under
this Contract. All such personnel shall not be considered
employees of, or have any contractual relationship with the
State of Hawaii unless Grantee is otherwise an agency of
the State.
2. Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written
approval of Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In
the event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the
period of each subcontract shall not exceed the term of
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this contract, and funds to the private organization will
not be released unless and until the requirements set forth
in applicable state law and implementing rules are complied
with by the subcontractor. All subcontracts shall include
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 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
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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.
G. COMPENSATION.
1. Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed Forty
Thousand, One Hundred Ten dollars ($40,110.00) to be spent
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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.
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:
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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 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,
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programs and activities during the period that payments are
being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages,
cause of action or suits resulting from the acts,
activities or omissions of Grantee. Grantee shall
indemnify and save harmless the State of Hawaii, Agency,
and their officers, agents, and employees from and against
any and all liability, loss, actions, claims, suits,
damages, costs or expenses, including all attorneys' fees,
and all claims, suits, and demands therefor, arising out of
or resulting from the acts or omissions of Grantee, its
officers, employees, agents, or subcontractors occurring
during or in connection with the performance of Grantee's
services under this Contract, or arising out of or
resulting from breach of this Contract by Grantee. Grantee
shall defend the State of Hawaii, Agency, and their
officers, agents, and employees against any such action or
claim unless the action or claim involves an act or
omission solely of Agency, its officers, agents, or
employees.
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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.
Grantee shall comply with the requirements of Chapters
487J, 487N and 487R, Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
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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 by this Contract shall be made by written
supplemental agreement to this Contract and executed by
Grantee and the Attorney General or the Attorney General's
designee. Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested
by Grantee, approved by the Administrator of the Crime
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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.
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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,
25 08 -WF -07 Contract fmal.doc
(revised 5/2010)
lists, charts, graphs, maps, or other written material
prepared by Grantee, under this Contract shall, at the
option of Agency, become Agency's property and, together
with all information, data, reports, records, maps, and
other materials (if any) provided to Grantee by Agency,
shall be delivered and surrendered to Agency on or before
the effective date of termination.
4. Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned
prior to the effective date of termination. Agency shall
determine the amount of work satisfactorily completed and
the amount of compensation satisfactorily earned. If the
termination is for cause, any other provisions to the
contrary notwithstanding, Grantee shall not be relieved of
liability to Agency for damages sustained by Agency because
of any breach by Grantee of this Contract.
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency's right to enforce
the same in accordance with this Contract. It is expressly
understood and agreed that no waiver granted by Agency on
26 08 -WF -07 Contract fmal.doc
(revised 5/2010)
account of any violation of any promise, term or condition
of this Contract shall constitute or be construed in any
manner as a waiver of the promise, term or condition or of
the right to enforce the same as to any other or further
violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not
disposed of by mutual agreement within fifteen (15)
calendar days, shall be decided by the Attorney General, or
the Attorney General's duly designated representative, who
shall reduce the decision to writing and mail or otherwise
furnish a copy of the decision to Grantee. The decision of
such person shall be final and 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.
27 08 -WF -07 Contract final.doc
(revised 5/2010)
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.
IN WITNESS WHEREOF, the parties hereto have
executed this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWAII, ("AGENCY")
By
Deputy Attorney General
State of Hawaii Print Name Mark J. Bennett
Its Attorney General
Date
APPROVED AS TO FORM
AND LEGALITY: HAWAII POLICE DEPARTMENT
( "GRANTEE ")
Deputy Corporation Counsel By
County of Hawaii
Print Name
Title
Date
RECOMMEND APPROVAL:
By
Print Name Harry S. Kubojiri
Title Chief of Police
Date
28 08 -WF -07 Contract final.doc
(revised 5/2010)
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 I. TITLE PAGE
A. PROJECT TITLE: CeII Phone /PDA VIOLENCE AGAINST WOMEN
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D. PROJECT PERIOD: July 1, 2010 to April 30, 2011
E. AUTHORIZED PROGRAM PURPOSE: #1 Training law enforcement officers to more
effectively identify and respond to violent crimes against women, including the crimes
of sexual assault, domestic violence, and dating violence.
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $40,110
Agency Match 25% $13,370
TOTAL $53,480
G. PROJECT DIRECTOR: John Ancheta Title: Detective, JAS Area 1
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: 961 -2276 FAX: 961 -2327 email: jancheta
H. FINANCIAL OFFICER: Nori Ishii Title: Accountant IV
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: 961 -2273 FAX: 961 -2390 email: nishiico.hawaii.hi.us
FOR CPJA USE
Date Received: 6 -10 -2010 revised Project Number: 08 -WF -07
AG /CPJA #1 -VAWA (2/96)
EXHIBIT A
PART II. DESCRIPTION OF PROJECT
A. THE PROBLEM.
Wireless /electronic communication devices have been used as tools in crimes against
women. Technological advances in communication systems require the Hawaii Police
Department to update and or purchase equipment to investigate these crimes, and/or
retrieve data for the prosecution of such crimes.
Some of these crimes perpetrated through wireless communication devices include
harassment, stalking, terroristic threatening, missing persons, and violation of orders.
Cell phones and wireless devices have been recovered in cases where an emergency
phone call was interrupted. Wireless communication devices have quickly become the
primary source of evidence at crime scenes. 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 are
stored in personal wireless communication devices. When evidence is retrieved, police
investigators submit detailed communication records from offender to victim in an effort
to prosecute these crimes against women.
In 2008 Hawaii County police officers initiated (84) cases that involved a wireless
communication device against intimate partners. Some of these cases to name a few
included Violation of Order (39), and Terror Threat (9). In one particular case, a victim's
ex -lover sent nude photos of her through the cell phone, along with phone numbers of her
family members, and left a verbal threat to harm her. Cell phones are also recovered
when a victim is attempting to initiate an emergency 911 call and the suspect interrupts
the call. In addition, women reported (10) Violation of Orders through email.
In 2007, a victim reported her ex- boyfriend violated a protective order (62) times through
a cell phone. In 2006, (19) adult females initiated cases against perpetrators who
harassed/stalked or violated a protective order via text message or cell phone calls.
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.
Wireless communication devices are no longer simply about communicating with another
person. Today, everyone is carrying these 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, cell phones/PDA's
represent one of the next great challenges vexing computer forensic investigators around
the world.
At present, HPD has two JAS Detectives located in East Hawaii that have rudimentary
knowledge to extract personal data from wireless communication devices utilized to
perpetrate crimes against women. These Detectives have received training on retrieving
information from victims' and perpetrators' cell phones /PDAs. Currently the JAS
Sections have outdated and expired equipment and software. These investigators require
updated equipment to further enhance recovery of digital evidence from
cellphones /PDAs. JAS Detectives will provide basic forensic investigative training to
newly promoted CID officers on the methodology of abstracting digital evidence from
cellphone /PDAs and other wireless communication devices.
B. GOALS AND OBJECTIVES.
Goal: Improve Hawaii Police Department's response to crimes against women
perpetrated through wireless /electronic communication devices.
Objective: Increase training for Hawaii Police Department personnel (from 2 officers to
50 officers) investigating crimes perpetrated through the use of wireless /electronic
communication devices, and to update or purchase equipment to further enhance the
retrieval of digital evidence for crimes involving Domestic Violence, Sex Assaults,
dating violence and/or stalking.
C. PROJECT ACTIVITIES.
Hawaii Police Department will purchase specialized equipment to assist in the
investigation of crimes against women perpetrated through wireless communication
devices.
a. Provide officers, investigating crimes against women perpetrated through
wireless devices, with updated computer equipment and software to
improve the recovery of data contained within wireless /electronic
communication devices for prosecution.
b. Train newly promoted Criminal Investigation Division detectives and
investigators from East/West Hawaii JAS to utilize computer equipment
in the investigation of crimes against women perpetrated through wireless
communication devices.
c.. Train Hawaii Police Department personnel in the methodology of digital
evidence as it relates to crimes against women for least (50) officers
during this project period.
D. PROJECT ORGANIZATION AND MANAGEMENT .
Hawaii Police Department, Juvenile Aid Section, East Hawaii Detective, John Ancheta,
who is currently trained in the 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.
2
E. PERSONNEL
Hawaii Police Department, Juvenile Aid Section, East Hawaii Detective, John Ancehta is
the Project Manager. The Project Manager will be responsible for all activities and
evaluation of this project.
F. BRIEF PERSONNEL BIOGRAPHIES
The resume of Detective John Ancheta, JAS -Area 1, is on file with HPD and will be
provided upon request.
G. PARTICIPATING AGENCIES
Participating agencies include but are not limited to: Office of the Prosecuting Attorney,
Child and Family Service - Turning Point for Families, YWCA Sex Assault Support
Services (SASS), Big Island Coalition Against Physical and Sexual Assault (BICAPSA),
and Child & Family Services.
H. PROJECT EVALUATION
The project will be evaluated by the success of attaining the following goals.
1. Hawaii Police Department to purchase specialized equipment to
investigate crimes against women perpetrated through wireless
communication devices.
2. Investigators will retrieve evidence and report on at least six cases
involving the use of cell phones/PDA and other wireless communication
devices in crimes against women.
3. Train all newly promoted Criminal Investigation Division officers in the
recognition of digital evidence as it relates to cell phones /PDAs and other
wireless communication devices in crimes against women.
4. Log the number of officers receiving training.
5. Provide in- service training to at least fifty (50) officers on the
methodology of cell phone/PDA digital investigation and retrieval of
digital evidence as it relates to crimes against women.
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL: WIRELESS COMMUNICATION DEVICES
COST ELEMENT 1 AMOUNT
A. Salaries and Wages
No. of
Position Title Positions Monthly rate Subtotal
DET /SGT 1 $6,561.00 $13,370.00
JAS -AREA 1
(In -Kind Services)
($1,337x 10mos) $ $
$ $
Total Salaries and Wages $13,370.00
B. Fringe Benefits Employee Benefits @ %
No. of Monthly
Position Title Positions Rate Subtotal
$ $
$ $
Total Fringe Benefits $.00
C. Consultants /Contracts
-Length of
Consultant/
Scope of Estimated Contract
Consultant/Contract Cost Service Select as Appropriate
❑ Consultant ❑ Contract
$ ❑ Consultant ❑ Contract
Total Consultants
COST ELEMENT 1 AMOUNT
D. Transportation and Subsistence
Itemize for
mainland /interisland No. of
airfare, ground Travelers No. of
transportation, rental as Days
car, per diem Unit Cost applicable Subtotal
Mainland airfare NA
(round trip)
Ground
transportation
Per diem
Excess lodging
$ $
Total Transportation and Subsistence $.00
4
E. Office Supplies
Itemize supplies and Cost by Unit
related costs such as
printing, paper, binders,
etc. Quantity Subtotal
$ $
$ $
$ $
Total Office Supplies $.00
F. Equipment
Specify equipment that
will be purchased,
leased, or rented. Quantity Cost by Unit Subtotal
FORENSIC $ $
EQUIPMENT
Forensic Laptop 1 $6,500.00 $6,500.00
Multiple External 1 $1,610.00 $1,610.00
Drives
$ $
$ $
$ $
Total Equipment $8,110.00
COST ELEMENT AMOUNT
G. Other Costs Quantity Cost by Unit Subtotal
FORENSIC
SOFTWARE /TOOLS /CABLES
Cellebrite UME36 Physical Pro 2 $7,500.00 $,15,000.00
(software /tool /cables)
AccessData Mobile Phone 1 $5,000.00 $5,000.00
Examiner(software /cables /tool
Paraben- Device Field Kits 2 $3,500.00 $7,000.00
(software /tools /cables)
Secure View2- Susteen 2 $2,500.00 $5,000.00
(software /tools /cables)
$ $
$ $
$ $
Total Other Costs $32,000.00
TOTAL PROJECT COSTS $53,480
5
BUDGET EXPLANATION:
A. Salaries and Wages $13,370 (25% Match)
Detective /Sergeant (JAS Area -1) In -Kind Services
(Salary rate utilized is for Detective /sergeant)
B. Fringe Benefits
N/A
C. Consultants /Contracts
N/A
D. Transportation and Subsistence
N/A
E. Office Supplies
N/A
F. Equipment $ 8,110
The equipment needed will further enhance the recovery and analysis of digital
evidence obtained from wireless communication devices. The forensic
computer will be used by trained JAS personnel to conduct in -depth analysis of
recovered images from the cellphone/PDA. The external drives (hard drives
and jump /thumb drives) will be used to recover the digital evidence from the
cellphone/PDA extraction devices (with software /cables /tools).
G. Other Costs $32,000
Forensic Software and associated tools /cables are needed to conduct the
retrieval of digital evidence from the cellphone /PDA. The Cellebrite UME36
Pro tool is an all in one device with software /cables and tools that will extract
the evidence. Other software that will be needed is the AccessData
MobileExaminer software /cables /tool. This program will examine the file
structure of the digital evidence for analysis. Another program will be the
Paraben Device Sezure Field kit, an all in one device with software /cables /tools.
This kit is a recovery software that will enable the retrieval of a much broader
range of PDA's and its data. Secure View2 is another all in one device with
software /cables /tools that conduct in the field recovery of data from
cellphone/PDA. Software /cables /tools and or devices will be maintained and
used by JAS personnel and located in their respective JAS sections of the
department.
Federal Amount: $40,110
County Match: 13,370
TOTAL PROJECT COST: $53,480
6
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 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 IV 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 award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance
Division.
3. Any grant received as a result of this application may be terminated, or fund payment may
be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a
substantial failure to comply with the foregoing provisions, the application obligations or for
non - availability of funds.
SUBMITTED BY:
/ NOV 2 7 2009
Signature: `�� - Date:
._
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Deparbnent, County of Hawaii
g Y�
AG /CPJAD #14A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. A progress report shall be submitted to the CPJAD every six (6) months during the
project period. The report is due within thirty (30) days following the end of each six
month period and at the end of the project. The initial reporting period starts on the
project's start date. The appropriate report form will be provided to each project by the
CPJAD. (AG /CPJAD #20) The report shall contain information describing progress,
accomplishments, activities, changes and problems during the report period and any
additional information specified by the CPJAD.
2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
unless mandated earlier by CPJAD.
3. Funds Subcontracted to Faith Based Organizations
Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of grants may still engage in inherently religious activities, but
such activities must be separate in time or place from the Department of Justice funded
program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes
clear that organizations participating in programs funded by the Department of Justice are
not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion. Notwithstanding any other special condition of this award, faith -based
organizations may, in some circumstances, consider religion as a basis for employment.
See http:// www. ojp .gov /about/ocr /equal_f6o.htm.
4. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by:
AG /CPJAD #26 VAWA Govt 06/10
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E -mail: oig.hotline @usdoj.gov
Hotline: (contact information in English and Spanish): (800) 869 -4499, or
Hotline fax: (202) 616 -9881.
Additional information is available from the DOJ OIG website at www.usdoj.gov /oig.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #26 VAWA Govt 06/10 2
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 BY:
NOV 2 7 2009
Signature: .411F4r... Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON - DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees
and contractors with the non - discrimination requirements of:
• The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in OJP and
COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of
race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C.
§2000d and 28 C.F.R. §42.101 et seq.)
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of
disability in OJP and COPS funded programs or activities. (29 U.S.C. §794 and 28 C.F.R.
§42.501 et seq.)
• Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the
basis of race, color, national origin, religion, sex, or disability in VOCA funded programs
or activities. (42 U.S.C. §10604)
• Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on
the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132
and 28 C.F.R. Pt. 35)
• Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis
of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and
28 C.F.R. Pt. 54)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis
of age in OJP or COPS funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R.
§42.700 et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient
Persons.
• Executive Order No. 13279 regarding equal protection of the laws for faith -based
organizations. (28 C.F.R. pt. 38)
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be
excluded from participation in, be denied the benefits of, be subjected to discrimination under, or
be denied employment in connection with any program or activity funded in whole or in part
with funds made available under this title from the U.S. Department of Justice through the
Department of the Attorney General, Crime Prevention and Justice Assistance Division.
Noncompliance with the discrimination regulations may result in the suspension or termination
of funding.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #15 3/10
• CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department, 349 Kapiolani St., Hilo, HI 96720
08 —WF -07
Grant Title: Cell Phone/PIA VAW Grant Number: Award Amount: $40,110.00
Contact Person Name and Title: John Ancheta, Detective Phone Number: ( 80q 961 -2276
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 EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need 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, not both. If a recipient receives multiple OJP or COPS grants,
please complete 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 Justice, 810 7 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 Complete Exemption from the EEOP Requirement Please check all the boxes that
app ly
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non -profit organization, ❑ Recipient is an educational institution, or
❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
1, [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, Harry S. Kuboiiri [responsible official], certify that
the Hawaii Police Department [recipient],which has 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 seq., 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 Department [organization],
at 349 Kapiolani St., Hilo, HI 96720 [ad dressl,for review by the 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 Justice, as required by relevant laws and regulations.
- (111111k NO r/ 2 7 7099
Harry S. Kuhoj i ri . Chi of of police �45�
Print or type Name and Title Signatu7 Date
OMB Approval No. 1121 -0140 Expiration Date: 01 /31/06
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
I. Harry S. Kuboiiri (hereinafter referred to as
"grantee ") certifies that it will provide a drug -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 a drug -free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug -free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (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 a drug -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 BY:
Signature: �G��_ L-. NOV 2 LDQ
Date:
Name: Harry S • Kuboj iri Title: Chief of Police
Agency: Hawaii Police Department, Hawaii County
AG /CPJAD #16 06/02
U.S. DEPARTMENT OF JUSTICE
• OFFICE OF JUSTICE PROGRAMS
OFFiC OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub- Recipient)
This certification Is required by the regulations Implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 87, Section 87.510, Participants' responsibilities. The regulations were published
as Part VII of the May 28, 1988 Federal Register (pages 19180 - 19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant Is unable to certify to any of the statements In this certifi-
cation, such prospective participant shall attach an explanation to this proposal.
Harry S. Kuboiiri, Chief of Police
Name and Title of Authorized Representative
_ NOV 27 2009
Signature Date
Hawaii Police Denartznent Hawaii County
Name of Organization
349 Kapiolani St., Hilo, Hawaii 96720 •
Address of Organization
OJP FOAM 4081/1 (REV. 2/139) Previous editions an obsolete.
STOP VIOLENCE AGAINST WOMEN
FORMULA GRANT PROGRAM
•
CERTIFICATE OF COLLABORATION
To be completed by applicant agency:
Applicant Agency: Hawaii Police Department, County of Hawaii
In satisfaction of the requirements under this grant program, this agency certifies that it has
consulted with the local victim services program during the course of developing this proposal in order to
ensure that our proposed activities and /or equipment acquisitions are designed to promote the safety,
confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking and
dating violence.
Please provide a brief description of the consultation with and /or collaborative relationship established
between the applicant and the local victim services organization identified below:
The objective of the Cell Phone /POA Violence Against Women grant
is to improve the police response to crimes perpetrated through
wireless /electronic devices. Child & Family Services, Turning
Point Fbr Families assist victims with Temporary Restraining Orders
and Provide Emergency Shelter for victims in crisis.
NOV 2 ; 2009
Date Author - - • ` :nature t Agency
To be completed by local victim services organization. The individual signing this section may not befi-om the
applicant agency.
As a designated representative of Child & Family Services , a recognized
local victim services organization, 1 clarify that the above is an accurate description of the consultation
with and /or collaborative relationship established between my agency and that applicant agency identified
above.
Name of Organization: Child & Family Services, Danestic Abuse Shelter
Name & Title of Signing Authority: ',Ruby Toci, Hale Ohana, Shelter Manager
■
Signature:
Date: l \ __3 'O q(
AG /CPJAD #24 7/2008