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HomeMy WebLinkAboutRES 379 Draft 01 2008-2010 J + � \ N ,1 �� •,• COUNTY OF HAWAII •: / •I ST OF HAWAII RESOLUTION NO. 379 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 AN ENFORCEMENT OF PROTECTIVE ORDERS AND TEMPORARY RESTRAINING ORDERS (TRO) 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 for an Enforcement of Protective Orders and Temporary Restraining Orders (TRO) grant for the Hawaii Police Department; and WHEREAS, there has been an increase in the number of reported cases of domestic violence incidents in Hawaii County which has led to a substantial increase in the amount of protective orders being processed and subsequently issued; and WHEREAS, the goal of this project is to improve Hawaii Police Department's ability to ensure prompt service of all protective orders, including those in which a respondent is a convicted felon or falls under the Lautenberg Act and are thus prohibited from possessing firearms and or ammunition; and WHEREAS, the expeditious service of protective orders and seizure of firearms from restrained respondents will significantly affect the level of protection afforded victims of domestic violence; and WHEREAS, this grant provides the funding for overtime to allow officers the necessary time to serve these orders; 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 better enforce protective orders. 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 Hilo , Hawai`i, this 9th day of September , 2010. INTRODUCED BY: ■ C 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 X County of Hawai`i on Sep tember 9 2010 IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X 1 9 0 0 0 _� Reference: C- 908/FC COUNTY CLERK CHAIRPERSON & ' - : P ING OFFICER RESOLUTION NO. 379 10 Project Number 08 -GP -01 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, the Omnibus Crime Control and Safe Street Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act of 1990, P.L. 101 -647; Appropriations Act of 2001, P.L. 106 -553; Appropriations Act of 2002, P.L. 107 -77; Appropriations Act of 2003, 2004, 2006; P.L. 110 -5, embedded secs. 101 -104; P.L. 109 -108, 119 Stat. 2290, 2302 authorize funding to support and expand Project Safe Neighborhoods task force efforts to reduce gun violence and gun crime. WHEREAS, the United States Attorney for the District of Hawaii and the Governor have designated Agency to serve as 1 (4/2010) EXHIBIT "A" 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 respective implementing regulations, contained in the Project Safe Neighborhoods (PSN) grant announcement, 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 respective 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 2 (4/2010) stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C attached 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 June 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. 3 (4/2010) C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to guidance issued by the Bureau of Justice Assistance, 28 C.F.R. Chapter 1, Part 66, Uniform Administrative Requirements for Grants and Cooperative 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 (P.L. 100 -690, Title V, Subtitle D, U.S.C., Title 41, Chapter 10, §702), hereinafter referred to as 4 (4/2010) the "Drug -Free Workplace Certification ". A copy of the Drug - Free Workplace Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Drug -Free Workplace Certification are true at the time this Contract is executed and will remain true throughout the entire term of this Contract and any extensions, and that Grantee shall fulfill all the requirements set forth therein. Grantee's execution and submission of a false Drug -Free Workplace Certification, or Grantee's violation of any or all of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and /or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants 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 5 (4/2010) Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Debarment Certification are true at the time this Contract is executed and will remain true throughout the entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Prior to, or concurrently with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification of Non - Supplanting, hereinafter referred to as the "Non- Supplanting Certification ". A copy of the Non - Supplanting Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Non - Supplanting Certification are 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 6 (4/2010) for Grant. Grantee covenants that the representations made in the Lobbying Certification are true at the time this Contract is executed and will remain true throughout the entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms and conditions set forth therein. 8. Grantee shall comply with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968 which prohibits discrimination in employment and in the delivery of services or benefits on the basis of race, color, national origin, religion, or sex; Title VI of the Civil Rights Act of 1964 which prohibits discrimination in the delivery of services or benefits on the basis of race, color, or national origin; Section 504 of the 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 accessibility standards), 28 C.F.R. 7 (4/2010) 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 of Justice. In addition, Grantee shall prepare and submit to the Agency reports in such form and at such times as Agency or the Bureau of Justice Assistance may 8 (4/2010) 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 Bureau of Justice Assistance is closed. 11. The final drawdown for funds shall be received by Agency no later than thirty (30) days after the Contract terminates. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within sixty (60) days after this Contract terminates shall be returned to Agency. 13. Grantee shall submit progress reports as required for the Act funds to Agency during the term of the Contract as stipulated under Part IV. Attachments, Acceptance of Special Conditions, Sections six (6) and seven (7). 9 (4/2010) 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. 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. 10 (4/2010) E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed the term of this Contract, and funds to the private organization will not be released unless and until the requirements set forth in applicable state law and 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 11 (4/2010) Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of all applicable federal, state, and county fees which may become due and owing by the Grantee by reason of the Contract, including but not limited to (i) income taxes,(ii) employment related fees, assessments and taxes and (iii) general excise taxes. The Grantee also is responsible for obtaining all licenses, permits and certificates that may be required in order to perform this Contract. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. 12 (4/2010) 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 -Two Thousand, Six Hundred and Ten Dollars and 00 /100 dollars ($42,610.00) - - -- to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between , the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. 13 (4/2010) 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. 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 14 (4/2010) 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 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 15 (4/2010) 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. Grantee shall comply with the requirements of Chapters 487J, 487N and 487R, Hawaii Revised Statutes as applicable. 16 (4/2010) 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, orr 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 17 (4/2010) 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. 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its 18 (4/2010) 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 by Grantee, under this Contract shall become Agency's property and, together with all information, data, reports, records, maps, and 19 (4/2010) 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 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. 20 (4/2010) P. DISPUTES; GOVERNING LAW; VENUE. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and . mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently. . with the performance of this Contract in accordance with Agency's request. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Except as otherwise provided in this Section, any action to enforce this Contract or for breach of this Contract shall be brought only in a State court of competent jurisdiction in Honolulu, Hawaii. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against 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. 21 (4/2010) 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 HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII, ( "GRANTEE ") By Print Name William Takaba Title Managing Director Date APPROVED AS TO FORM AND LEGALITY By Print Name Title Corporation Counsel Date APPROVAL RECOMMENDED By Print Name Harry S. Kubojiri Title Chief of Police Date 22 (4/2010) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) & ANTI -GANG INITIATIVE GRANTS PART I. TITLE PAGE A. PROJECT TITLE: ENFORCEMENT OF PROTECTIVE ORDERS AND TRO'S B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT C. APPLICATION RANKING WITHIN AGENCY: 1 (as determined by agency head) 74 -5221 QUEEN KAAHUMANU D. ADDRESS: HWY City KONA Zip 96740 E. LOCATION OF PROJECT: HAWAII COUNTY F. PROJECT PERIOD: From July 1, 2010 To June 30, 2011 G. TYPE OF APPLICATION: New ® Continuation ❑ H. TOTAL PROJECT AMOUNT: $ 42,610.00 I. OTHER FUNDING SOURCES: Is the proposed project seeking other sources of funding? Yes ❑ No ® If des, then provide name of source and the amount of funds that is being sought: Source Amount $ J. PERFORMANCE MEASURES: The applicant agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Department of the Attorney General. Yes ® No ❑ K. PROJECT DIRECTOR Name: Gilbert Gaspar, Jr. Title: Lieutenant Address: 74 -5221 QUEEN KAAHUMANU HIGHWAY, KAILUA -KONA, 96740 Telephone: (808)326 -4646 Fax: (808)327 -3587 E -Mail: ggaspar@co.hawaii.hi.us L. FINANCIAL OFFICER Name: NORI ISHII Title: ACCOUNTANT IV Address: 349 KAPIOLANI ST. , HILO, HAWAII 96720 Telephone: (808)961 -2273 Fax: (808)961 -2390 E -Mail: nishii@co.hawaii.hi.us FOR CPJAD USE Date received: Project Number: i EXHIBIT A AG /CPJAD #1 PSN Anti -Gang (Rev 07/09/2009) APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) & ANTI -GANG INITIATIVE GRANTS PART II. DESCRIPTION OF PROJECT Note: This form does not provide spell check. A. THE PROBLEM According to latest statistics, the population of the County of Hawaii is 175,784, or 14% of the total population of the State of Hawaii. The population is spread over 4,028 square miles. The County of Hawaii also has a tremendous number of domestic violence incidents per capita, as documented by police reports in comparison with the other counties of the State of Hawaii. In 2001, a total of 1,827 incidents of Abuse of Family or Household Member, and protective order violations were reported and investigated by members of the Hawaii County Police Department (hereafter Hawaii Police Department). During 2002, the number of Abuse of Family or Household Member cases and protective order violations rose to 1,842. This upward trend continued into 2003, as 1,123 Abuse of Family or Household Member incidents were investigated along with 782 protective order violations, for a total of 1,905 domestic violence incidents. In addition, there are connected cases, such as sexual assault, assault, kidnapping, burglary, criminal property damage, terroristic threatening, harassment and murder /attempted murder investigations, which are often a result of domestic violence. In 1998, in response to the high incidence of domestic violence in Hawaii County, the Hawaii Police Department formed a Domestic Violence Unit. During 1998, there were 1276 reported incidents of Abuse of a Family or Household Member and protective order violations. In 2003, there were 629 more incidents than during 1998 -an increase of 49 %. This increase in the number of reported cases of domestic violence incidents has led to a substantial increase in the amount of protective orders being processed and subsequently issued. As an example, in 2005, there were 1,237 Family Court Orders for Protection issued. During 2006, this number rose to 1,437. However, as the number of protective orders issued rises, the number of those being served remains in the 50 -60 percentile range. In 2007, a total of 1,496 protective orders were issued and 893 were served by Hawaii Police Department officers, showing a 60% service rate. In 2008, 796 protective orders were served out of 1,343 issued - -a 59% service rate. According to these figures, the number of protective orders the police are being asked to serve shows a rising trend, while service rate of these documents remains in the 50 -60% bracket. This failure to serve a higher percentage of the protective orders causes lags in AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009) Page 1 the court process and increases danger to the victims, as their domestic situation remains volatile. The consistent 50 -60 percent service rate during the past years, while total numbers of retraining and protective orders have increases can be attributed to staffing issues as well as the proportionate incline of police services affecting all facets of law enforcement. Hawaii law also provides for the recovery of firearms from the respondent of a protective order. Under Section 134 -7 Hawaii Revised Statutes; no person who has been restrained, pursuant to an order of the court, including an ex parte order for protection, from contacting, threatening, or physically abusing any person, shall possess or control any firearm or ammunition therefore, so long as the order is in effect. As a result, at the time of service of a restraining order involving firearms and ammunition issued by any court, the respondent must surrender any firearms he may possess, or be the registered owner thereof. If the person restrained is the registered owner of a firearm but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms or ammunition either registered or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition. Failing to serve a protective order or failing to recover the firearm after service has the potential of leaving a firearm in the hands of an abuser. The removal of any and all firearms possessed or controlled by any restrained person is essential to protecting victims from harm and curtailing further domestic violence. Each time a firearm is removed from an abuser, a threat, an assault, a suicide or even a homicide could be prevented. B. GOALS AND OBJECTIVES The Goal of the project is to ensure prompt service of all protective orders, including those in which a respondent is a convicted felon or falls under the Lautenberg Act and are thus prohibited from possessing firearms and or ammunition. The objectives include: 1. Ensure 100% case management (initiating, investigating, and routing criminal cases) of all Firearms Ownership Prohibited and other firearms violations that arise from service of protective orders. AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009) Page 2 2. Increase the number of protective orders served during the grant period. The latest percentage of service is approximately 59 %. The goal is to raise the level of service to 85 %. C. PROJECT ACTIVITIES With the addition of work hours supported by the grant (in the form of overtime funds), the Juvenile Aid Section will prioritize the service of protective orders, with those involving respondents who are convicted felons or those within the definition of the Lautenberg Act, given the highest priority. In addition, to obtain and serve search warrants for the purpose of recoving firearms and ammunition, as mandated by Section 134 -7 of the Hawai`i Revised Statutes. Members of the Patrol Division (Police Officer II) will also be allowed to participate. The Hawaii Police Department divides the island into two large operational areas: East Hawaii (Area I) and West Hawaii (Area II). East Hawaii /Area I is further divided into four police districts: Puna, South Hilo, North Hilo and Hamakua. West Hawaii /Area II is also comprised of four police districts: Kona, South Kohala, North Kohala and Ka'u. Each JAS unit in Area I and Area II will work 17 hours per month serving restraining orders, to include those involving respondents possessing firearms and or ammunition. One Detective from both Area I and Area II will work with one Police Officer from each respective area, seventeen hours per month. D. PROJECT ORGANIZATION AND MANAGEMENT The Project Director will be the current assigned Lieutenant of the Juvenile Aid Section in Area II. It will be the Project Directors duty and responsibility to maintain an accurate record of time and attendance, as well as statistics of document service and cases initiated during the grant period. The Project Director will, in turn,report to the assigned program specialist employed by the Department of the Attorney General. E. PERSONNEL In its current configuration, there are currently three positions assigned to the Domestic Violence Unit (DVU) of the Hawaii Police Department. In Area I and Area II, there is a Detective assigned to the DVU. In Area II, there is a Police Officer III assigned to the DVU. Due to staffing shortages, the Police Officer III position in Area II remains vacant. It is proposed that in both areas, the DVU Detective, or designee, and one member of the Patrol Division be tasked with working on this project. AG /CPJAD #1(a) PSN & Anti -Gang (Rev 07/09/2009) Page 3 F. BRIEF PERSONNEL BIOGRAPHIES Project Director: Lt. Gilbert Gaspar, Jr. (or currently assigned JAS /II Lieutenant). Responsible for supervision of Detectives of the Juvenile Aid Section, Area II. DVU /Area I: Detective- Primarily assigned with investigation of all domestic violence incidents forwarded to the Juvenile Aid Section for continued investigation. Also cross- trained in Sexual Assault and General Detail investigations. DVU /Area II: Detective - Primarily assigned with investigation of all domestic violence incidents forwarded to the Juvenile Aid Section for continued investigation. Police Officer III: A temporarily promoted police officer assigned to the Juvenile Aid Section in either Area I or Area II and supervised directly by a JAS Detective. Police Officer II: Police officers assigned to assist Juvenile Aid Section detectives. G. PARTICIPATING AGENCIES The Hawaii Police Department will be the the sole particpating agency in this project. H. PERFORMANCE INDICATORS /OUTCOME MEASURES Performance will be measured by the amount of protective orders served. As stated earlier, the goal of this project is primarily to raise the service of protective orders from 59% to 85 %. Also, the number of cases involving recovery of firearms pursuant to service of those protective orders involving respondents who are convicted felons or subject to terms of Lautenberg Act will be completed and forwarded to the Office of the Prosecuting Attorney for final disposition. Note: The Bureau ofJustice Assistance requires that "applicants who receive funding under this solicitation must provide data that measures the results of their work. Performance measures for this solicitation are as follows: Objective: To create safer neighborhoods by reducing gun violence and gun crime, and sustaining that reduction; Performance Measures: (1) Percentage of targeted PSN sites reporting a reduction over the previous year in the number of homicides with a firearm; (2) Percentage of targeted PSN sites reporting a reduction in the number of combined homicides, aggravated assaults, and robberies that are committed with a firearm; Data Grantee Provides: (1) Number of homicides with a firearm experienced during the current reporting period within the targeted PSN site; (2) Number of combined AG /CPJAD tit (a) PSN & Anti -Gang (Rev 07/09/2009) Page 4 homicides, aggravated assaults, and robberies that are committed with a firearm during the current reporting period within the targeted PSN site; " PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM The implementation of this project will enhance the overall efforts currently being made in the area of domestic violence. The expeditious service of protective orders and seizure of firearms from restrained respondents will significantly affect the level of protection afforded victims of domestic violence. This additional effort in the service of protective orders will result in respondents being located sooner, protective orders being served more effectively, and reduce the amount of time victims are subjected to volatile situations. Timely service of protective orders will result in faster movement through the court process and increase safety for victims seeking protection. AG /CPJAD 141(a) PSN & Anti -Gang (Rev 07/09/2009) Page 5 APPLICATION FOR PROJECT SAFE NEIGHBORHOODS (PSN) & ANTI -GANG INITIATIVE GRANTS PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A. Salaries and Wages _ No. of Position Title Positions Monthly rate Subtotal $ $ No. of No. of Position Title Positions Hourly Rate Hours Subtotal Police Detective 1 $54.40 204 $11,097.60 Police Officer II 1 $50.02 204 $10,204.08 Police Detective 1 $54.40 204 $11,097.60 Police Officer II 1 $50.02 204 $10,204.08 Total Salaries and Wages $42,603.00 B. Fringe Benefits Employee Benefits No. of Position Title Positions Monthly Rate Subtotal No Fringe Benefits Apply $ $ $ $ $ $ $ $ $ $ No. of No. of Position Title Positions Hourly Rate Hours Subtotal $ $ $ $ $ $ $ $ Total Fringe Benefits $ C. Consultants /Contracts _ Length of Consultant/ Estimated Contract Scope of Consultant/Contract Cost Service Select as Appropriate None $ ❑ Consultant ❑ Contract $ ❑ Consultant ❑ Contract $ ❑ Consultant ❑ Contract $ ❑ Consultant ❑ Contract $ ❑ Consultant ❑ Contract Total Consultants $ AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009) COST ELEMENT 1 AMOUNT D. Transportation and Subsistence No. of Itemize for mainland/interisland Travelers airfare, ground transportation, rental as No. of car, per diem Unit Cost applicable Days Subtotal None $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Transportation and Subsistence $ E. Office Supplies _ Itemize supplies and related costs such as printing, paper, binders, etc. Quantity Cost by Unit Subtotal Miscellaneous supplies $ $7.00 $ $ $ $ $ $ $ $ - $ $ $ $ $ $ Total Office Supplies $7.00 F. Equipment Specify equipment that will be purchased, leased, or rented. Quantity Cost by Unit Subtotal No Equipment $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Equipment $ G. Other Costs Quantity Cost by Unit Subtotal None $ $ $ $ AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009) COST ELEMENT AMOUNT See Budget Explanation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Other Costs $ TOTAL PROJECT COSTS $42,610.00 • AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009) BUDGET EXPLANATION: A. Salaries and Wages 1. Hourly rate for Detective with 21 years of service = $36.27 $36.27 x 1.5 hour = $54.40 (17 Hours x 12 months) x 204 Hrs. = $11,097.60 (One Detective ea. from Area I /II) x 2 officers = $22,195.20 2. Hourly rate for Police Officer II with 22 years of service = $33.35 $33.35 x 1.5 hours = $50.02 (17 Hours x 12 months) @ 204 Hrs. _ $10,204.08 (One Officer each from Area I /Area II) x 2 officers = $20,408.16 3. Sub Total (Detectives): $22,195 (Police Officers) $20,408 Grand Total $42,603 B. Fringe Benefits The composite fringe benefit rate is at % for (list positions). The rate consists of the following fringe benefit items and computed rates: C. Consultants /Contracts None D. Transportation and Subsistence None E. Office Supplies Miscellaneous office supplies. F. Equipment None G. Other Costs None AG /CPJAD #1(b) PSN & Anti -Gang (Rev 07/09/2009) Page 1 PART IV. ATTACHMENTS (Assurances & Certifications) A. Acceptance of Conditions (AG /CPJAD #14) B. Acceptance of PSN SPECIAL CONDITIONS (AG /CPJAD #26) C. Certification of Non - Supplanting (AG /CPJAD #3) D. Certification of Non- Discrimination (AG /CPJAD #15) E. Certification Regarding: EEOP F. Certification Regarding Drug -Free (AG /CPJAD #16) G. Certification Regarding Debarment (OJP 4061/1) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Project Safe Neighborhoods Grant Program established under the Ominbus Crime Control and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act of 1990, Public Law 101- 647. 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 Ominbus Crime Control and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act of 1990, Public Law 101 -647, as amended, as applicable; (b) conditions applicable to the fiscal administration of grants under the Ominbus Crime Control and Safe Streets Act of 1968, as amended, Title I; 42 U.S.C. 50 et seq.; Crime Control Act of 1990, Public Law 101 -647 as amended, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non - availability of funds. SUBMITTED BY: Signature: Date: Name: Harry S. Kubojiri Title: Police Chief Agency: Hawaii Police Department AG /CPJAD #14 PSN 04/22/2010 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF PROJECT SAFE NEIGHBORHOOD (PSN) SPECIAL CONDITIONS The undersigned Grantee understands and agrees, on behalf of its agency that: 1. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct Grantee shall promptly refer to the U.S. Department of Justice (DOJ), Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for 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 funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by: 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. 2. Providing Meaningful Access to Program for Persons with Limited English Proficiency Grantee must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of Limited English Proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, Grantee is required to take reasonable steps to ensure that LEP persons having meaningful access to the program. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 3. Assessments /Evaluations/Data Collection Grantee agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 4. Development and Use of Publications, Curricula, Training Materials, etc. Grantee agrees to submit to Hawaii Department of the Attorney General, Crime Prevention and Justice Assistance Division (CPJAD) for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least sixty (60) AG /CPJAD #26 PSN 04/2010 1 working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. *, awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Preventions, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice or the Hawaii Department of the Attorney General." ( *) Grantee should contact the assigned Specialist for the federal grant number. The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. 5. Media Outreach Grantee agrees to submit to CPJAD for review and approval, any proposal or plan for Project Safe Neighborhoods media - related outreach. CPJAD approval must be received prior to any obligations or expenditure of grant funds related to the development of media - related outreach projects. 6. Bureau of Justice Assistance (BJA) Reporting Requirements and Performance Metrics Grantee shall comply with all reporting, data collection and evaluation requirements, as prescribed by law and entailed by the BJA in program guidance for the PSN program. Grantee shall also complete and submit semi - annual progress reports. The progress reports are to cover activities that the Grantee has completed and must include data on the following PSN identified performance measures, as applicable: Goal /Objective Performance Measures Data Grantee Provides To create safer 1. Percentage of targeted PSN 1. Number of homicides with a neighborhoods by sites reporting a reduction over firearm experienced during the reducing gun violence the previous year in the current reporting period within and gun crime, and number of homicides with a the targeted PSN site. sustaining that reduction. firearm. 2. Number of combined 2. Percentage of targeted PSN homicides, aggravated sites reporting a reduction in assaults, and robberies that are the number of combined committed with a firearm homicides, aggravated during the current reporting assaults, and robberies that are period within the targeted PSN committed with a firearm. site. Reduce the occurrence of The percentage of combined 1. The total number of gang - violent gang- related* homicides, aggravated assaults, related* homicides that incidents through both and robberies that are gang- occurred during the current reactive and proactive related *. reporting period. efforts supported by AG /CPJAD #26 PSN 04/2010 2 Goal /Objective Performance Measures Data Grantee Provides enforcement planning 2. The total number of gang- coordinated with federal, related* aggravated assaults state, and local law that occurred during the enforcement and current reporting period. informed by data and real -time intelligence. 3. The total number of gang - related* robberies that occurred during the current reporting period. 4. The total number (gang - related* and non gang - related) of homicides, aggravated assaults, and robberies that occurred during the current reporting period. Reduce the occurrence of The percentage of youth 1. Total number of youth youth gang - related* competing program requirements. participating in the program incidents and increase during the current reporting positive outcomes for period. youth at high risk for gang involvement 2. Number of youth that through targeted, completed the program during evidenced -based gang the current reporting period. prevention (for grantees using funding for 3. Number of youth that exited prevention the program during the current programming). reporting period without completing the program. { Note: The operational definition for "gang- related" will be established by each local district at the outset of the project and included on all progress reports. The reporting periods and due dates are: January 1 through June 30 Due: July 15 July 1 through December 31 Due: January 15 7. CPJAD Reporting Requirements Complete using the Progress Report Form, AG /CPJAD #20, every six months and at the end of the project period. Report is due one month after the period ends. SUBMITTED BY: Signature: Date: Name: Harry S. Kubojiri Title: Police Chief Agency: Hawaii Police Department AG /CPJAD #26 PSN 04/2010 3 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: Signature: Date: Name: Harry S. Kubojiri Title: Police Chief Agency: Hawaii Police Department AG /CPJAD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON - DISCRIMINATION I certify that the applicant agency will 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: ANN Name: Harry S. Kubojiri Title: Police Chief Agency: Hawaii Police Department AG /CPJAD #15 3/10 CERTIFICATION FORM Recipient Name and Address: Grant Title: Grant Number: Award Amount: Contact Person Name and Title: Phone Number: ( ) 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. .• c11 ^ "- iplement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.30 � ,,�'�� ipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepay �1,� i EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complet i , ment must complete Section A below. Recipients that claim the limited exemption from the su 1 to Section B below. A recipient should complete either Section A or Section B, not both. If a --4(:-."\ �l � �OPS grants, please complete a form for each.grant, ensuring that any EEOP recipient certifies as �) has been prepared within two years of the latest grant. Please send the completed form(s) to tt Justice P rams, U.S. Department of Justice, 810 7 Street, N.W., Washington, D.C. 20531. For assi; e ca 0690 or TTY (202)307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. Q Recipient has less than 50 employees, Q Recipient is an Indian tribe, Q Recipient is a non - profit organization, Q Recipient is an educational institution, or Q Recipient is a medical institution, Q Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B - Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I, [responsible official], certify that the [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: [organization], at [address],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. Print or type Name and Title Signature Date OMB Approval No. 1 121 -0140 Expiration Date: 01/31/06 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division INSTRUCTIONS CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (AG /CPJAD #16) 1. By signing and/or submitting this application or grant agreement, the grantee, is providing the certification set out on the form entitled Crime Prevention and Justice Assistance Division, Department of the Attorney General, Certification Regarding Drug -Free Workplace Requirements (hereinafter referred to as the AG /CPJAD Form #16). 2. The certification set out on AG /CPJAD Form #16 is a material representation of fact upon which reliance will placed when the Department of the Attorney General, State of Hawaii (hereinafter referred to as "grantor ") determines to subgrant federal funds to the grantee. Pursuant to the contract which grantor will offer grantee in the event a subgrant is awarded to grantee, false certification or violation of the conditions set forth in the certification shall be grounds for suspension of payments, or suspension or termination of the subgrant. Such false certification of violation of the conditions contained in the certification shall subject the State of Hawaii to governmentwide suspension or debarment, which shall, in turn, result in the withdrawal of funds from the grantee and/or the unavailability of future funding for the grantee. AG /CPJAD #16 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS The Hawaii Police Department (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: Street Address Street Address City, State, Zip Code City, State, Zip Code �. , ' Ik County County SUBMITTED BY: Signature: Date: Name: Harry S. Kubojiri Title: Police Chief Agency: Hawaii Police Department AG /CPJAD #16 06/02 •• R U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS • -• OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub- Reciplent) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67 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. Name and Title of Authorized Representative T y , �V - ; ✓ !,� Signature Name of Organization Address of Organization • OJP FOAM 4061/1 (REV. 2/89) Previous sdltlons an obsolete. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction,' "debarred," "suspended,' "ineligible," "lower. tier covered transaction," "participant," "person," "primary covered transaction; "principal' "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. 8. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that It Is not debarred, suspended Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement Ust. 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, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, In addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment.