HomeMy WebLinkAboutRES 383 Draft 01 2008-2010 4oJ "tr ° \ \, '
COUNTY OF HAWAII i -f. &k- ). STATE OF HAWAII
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RESOLUTION NO. 383 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
SEXUAL ASSAULT EXAM AND OFFENDER /VICTIM DNA ANALYSIS
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 a Sexual Assault
Exam and Offender /Victim DNA Analysis grant for the Hawaii Police Department; and
WHEREAS, the Hawaii Police Department views sexual assault and
domestic /dating violence against adult and adolescent females as a serious problem;
and
WHEREAS, Sexual Assault Forensic Examiners (SAFE) have specialized training
in the medical examination and collection of forensic evidence of the sexual assault
victim (and or suspects); and
WHEREAS, the goal of this program is to continue and improve Hawaii County's
ability to respond to sexual assault and other violent crimes against adult and adolescent
women with timely examination by SAFE examiners and analysis of the recovered
evidence specimen for DNA comparisons and establishment of corroboration of the
crimes; and
WHEREAS, improved evidence collection and testimonial evidence by SAFE
personnel to the Hawaii Police Department Sex Crime Unit Detectives and to County
Prosecutors have contributed to the successful prosecution of sex offenders; and
WHEREAS, funding from this grant will be used for SAFE personnel to perform
examinations and collection of evidence on Acute Sexual Assault cases and for DNA
analysis /evidence identification of cases of sexual assault and domestic dating violence
against females victims; and
WHEREAS, the funds provided by the State of Hawaii Department of the Attorney
General are derived from grants provided by the federal government; and
WHEREAS, Hawaii Revised Statutes, Section 46 -7, requires that county
departments obtain the consent of the council to enter into agreements with the federal
or state governments respecting action to be taken pursuant to any of the powers
granted by law to furnish, expend, and receive any funds or other assistance in
connection with projects being or to be undertaken pursuant to those powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, in accordance with section 46 -7, Hawaii Revised Statutes, that the Mayor
of the County of Hawaii is authorized to execute, on behalf of the County, the contract,
attached hereto and incorporated herein by reference as Exhibit "A ", to enable the
County to implement the Sexual Assault Exam and Offender /Victim DNA Analysis grant.
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:
1
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS j EN
Hilo, Hawai`i ENRIQUES X
FORD X
1 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 September 9, 2010
IKEDA X
NAEOLE - BEASON X
ATTEST: ONISHI X
i -
YAGONG X
YOSHIMOTO X
9 0 , 0 0
Reference: C- 919 /Waived FC
COUNTY CLERK CHAIRPERSON SIDING OFFICER RESOLUTION NO. 383 10
Project Number 09 -EF -05
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of May 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, County of Hawaii,
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:
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EXHIBIT "A"
(1) training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify and
respond to violent crimes against women, including the
crimes of sexual assault, domestic violence, and dating
violence;
(2) developing, training, or expanding units of law enforcement
officers, judges, other court personnel, and prosecutors
specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic
violence;
(3) developing and implementing more effective police, court,
and prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and
communications systems, including computerized systems,
linking police, prosecutors, and courts or for purpose of
identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
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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 -
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• o The development and implementation of training for
local victim domestic violence service providers, and
to fund victim services personnel, to be known as
"Crystal Judson Victim Advocates ", to provide
supportive services and advocacy for victims of
domestic violence committed by law enforcement
personnel:
o The implementation of protocols within law enforcement
agencies to ensure consistent and effective responses
to the commission of domestic violence by personnel
within such agencies (such as the model policy
promulgated by the International Association of Chiefs
of Police ['Domestic Violence by Police Officers: A
Policy of the IACP, Police Response to Violence
Against Women Project' July 2003]:
o The development of such protocols in collaboration
with State, tribal, territorial and local victim
services providers and domestic violence coalitions.
WHEREAS, the American Recovery and Reinvestment Act of
2009, P.L. 111 -5, 123 Stat. 115, (hereinafter "Recovery ") was
enacted to help stabilize the economy, provide jobs and much
needed resources for states and local communities;
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WHEREAS, the 'Governor has designated Agency to serve
as Hawaii's office for administering the federal financial
assistance available under the Act and Recovery;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and Recovery and their
respective implementing regulations contained in the STOP
Violence Against Women Formula Grant Program Guidance, and 28
C.F.R. Chapter 1, Part 66, and under Recovery 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 Recovery and their 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
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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) and the
Acceptance of STOP Violence Against Women Recovery 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 May 1, 2010 to and including March 31, 2011 unless this
Contract is sooner terminated as hereinafter provided or unless
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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 Recovery 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 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
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Workplace Act of 1988 _(Pub. L. 100 -690, Title V, Subtitle D,
U.S.C., Title 4.1, 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 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,
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Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification." A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
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
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under Section 2352, Title 31 U. S. C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
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
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state and local government services, public accommodations and
commercial facilities, and 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 of Justice. In addition, Grantee shall
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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.
13. Grantee shall submit progress reports as
required for the Recovery and Act funds to Agency during the
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term of the Contract as stipulated under Part IV. Attachments,
Acceptance of STOP Violence Against Women Recovery Special
Conditions, Sections 5 and 10.
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
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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 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;
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however, Agency shall have the right to inspect work in progress .
to determine whether, in Agency's opinion, the work is being
performed by Grantee in accordance with the provisions of this
Contract. All persons hired or used by Grantee shall be
Grantee's agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees. Furthermore,
• Grantee intentionally, voluntarily, and knowingly assumes the
sole and entire liability if such liability is determined to
exist, to its agents and employees or to third persons, for all
loss, cost, damage or injury caused by Grantee's agents and
employees in the course of their employment. The performance of
work under this Contract alone shall not be construed as
employment with the State of Hawaii and shall not entitle
Grantee's agents and employees to vacation, sick leave,
retirement, or other benefits directly afforded state employees
by statutes. Grantee shall be responsible for payment of all
applicable federal, state, and county fees which may become due
and owing by the Grantee by 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.
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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 One hundred
twenty -five thousand and 00/100 dollars ($125,000.00) to be
spent for the purposes of this Contract. This sum represents
any and all compensation to be paid to Grantee for any and all
services it provides, and for any and all travel costs,
materials, supplies, equipment, overhead, taxes, and other
incidentals and operating expenses which it incurs or may incur
in connection with this Contract.
2. It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government.
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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
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Agency notwithstanding Agency's preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities, or
omissions of Grantee. Grantee shall indemnify and save harmless
the State of Hawaii, Agency, and their officers, agents, and
employees from and against any and all liability, loss, actions,
claims, suits, damages, costs or expenses, including all
attorneys' fees, and all claims, suits, and demands therefore,
arising out of or resulting from the acts or omissions of
Grantee, its officers, employees, agents, or subcontractors
occurring during or in connection with the performance of
Grantee's services under this Contract, or arising out of or
,resulting from breach of this Contract by Grantee. Grantee
shall defend the State of Hawaii, Agency, and their officers,
agents, and employees against any such action or claim unless
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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.
K. COPYRIGHT AND PATENT.
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The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire." No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or development
produced in whole or in part with funds made available under
this Contract shall be the subject of an application for
copyright or patent by or on behalf of Grantee, its officers,
agents, or its employees, or its subcontractors without prior
written authorization from Agency.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or
change to this Contract other than to the "Application For
Grant" (attached hereto as part of Exhibit "A ") or to the period
during which this Contract is in effect in Section B, including
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted 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 Prevention
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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
obligations under this Contract or any extension thereof, or if
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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
other materials (if any) provided to Grantee by Agency, shall be
24
(revised 5/2010)
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.
25
(revised 5/2010)
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 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.
26
(revised 5/2010)
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWA_I I , ("AGENCY")
By
Deputy Attorney General, State of Hawaii
Name Mark J. Bennett
Its Attorney General
Date
HAWAII COUNTY POLICE DEPARTMENT
( "GRANTEE ")
APPROVED AS TO FORM By
AND LEGALITY; Name William P. Kenoi
Title Mayor
Date
Deputy Corporation Counsel
County of Hawaii
RECOMMEND APPROVAL:
By
Name Harry S. Kubojiri
Title Chief of Police
Date
27
(revised 5/2010)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR RECOVERY ACT S.T,O.P. VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Sexual Assault Exam & OffenderNictim DNA Analysis
B. APPLICANT AGENCY: Hawaii County Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D. PROJECT PERIOD: May 1, 2010 to March 31, 2011
Develop and implement more effective police, court, and
E. AUTHORIZED PROGRAM PURPOSE: prosecution policies, protocols, orders, and services
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 100% 125,000
Agency Match N/A N/A
TOTAL 100% 125,000
G. PROJECT DIRECTOR
Name: Lucille Melemai Title: Lieutenant, Juvenile Aid Section
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Telephone: (808) 961 -2254 Fax: (808) 961 -2327
E -Mail: Imelemai@co.hawaii.hi.us
H. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant IV, Finance
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Telephone: (808) 961 -2273 Fax: (808) 961 -2390
E -Mail: Ishii @co.hawaii.hi.us
FOR CPJAD USE
Date Received: Project Number: 09 -EF -05
EXHIBIT A
AG /CPJAD #1 -VAWA (rev 12/2009)
PART II. DESCRIPTION OF PROJECT
A. THE PROBLEM
The Hawaii Police Department views sexual assault and domestic /dating
violence against adult and adolescent females as a serious problem. Statistical data
shows that reported sexual abuse cases in Hawaii County have increased over the last
three years. In 2006, sexual abuse cases totaled 288; in 2007, there were 336; in 2008,
that number increased to 362. In 2009, the department implemented the VAWA
provision for sexual assault examinations (SAFE) to be completed without victims
participating or reporting to the police, which may have contributed to the slight
decrease in sexual abuse cases (320) for that year.
The Sexual Assault Forensic Examiners (SAFE) are licensed physicians,
Physician's Assistants, Nurse Practitioners, and Registered Nurses with specialized
training in the medical examinaion and collection of forensic evicence of the sexual
assault victim (and or susupect). The Sexual Assault Nurse Examiners (SANE) are
Registered Nurses who perform the same tasks as SAFE and the terms are used
synonymously. Sex Crimes Unit personnel receive extensive training in recognition,
evaluation, and classification of various injuries which result from traumatic sexual
contact. SAFE personnel also receive further training in forensic photography,
evidence collection, report- writing, and other methods of documenting injuries for
evidential purposes. The improved evidence collection and testimonial evidence
provided by SAFE personnel to the Hawaii Police Department Sex Crime Unit (SCU)
Detectives and County of Hawaii Prosecutors have contributed to the successful
prosecution of eight (8) sex offenders in the past three years.
Evidence collected by SAFE personnel has aided detectives in successfully
investigating and solving violent crimes against women in Hawaii County. The SAFE
personnel completed a total of 107 examinations with evidence collection kits used for
Adult and Adolescent victims of sexual assault during the period of September 1, 2007
to April 30, 2010. Of the 107 cases: 82 cases were adults age 18 and older; 25 cases
were adolescents age 14 to 17; 41 cases were committed by unknown suspects. The
cases with unknown suspects are suspended until the suspects are identified or placed
on hold as "suspended" and unable to be deferred to the Prosecuting Attorney.
Currently, the collected sexual assault evidence is stored in the secured records and
identification department evidence room. The collected specimen are submitted to the
crime laboratories on an as need basis due to the high cost of analyzing the evidence for
suspect DNA match to the victim.
In the past fiscal year 2008 -2009, the contract SAFE nurses conducted 45
examinations with 35 Sexual Assault Evidence Collection Kits (SAECK) obtained and
secured in the evidence unit of the Records and Identification Section. During this
period, fifteen (15) sexual assault cases examined by SAFEs in Hawaii County have
been reported to be committed by unknown suspects in the past year. Of the 15 kits
1
collected, only four (4) kits were submitted for analysis due to fiscal limitations. The
kits were submitted on the recommendation of the Prosecuting Attorney for specific
cases, the severity of the crime and if the suspect was identified.
Identification of the unknown suspects can be resolved with DNA testing by the
Honolulu Police Department (HPD) Scientific Investigation Section Crime Laboratory
if a match is found via Combined DNA Index System (CODIS). CODIS refers to the
hardware and software that links a network of local, state and national databases
housing DNA samples of convicted offenders and crime scene samples. CODIS also
refers to the FBI's own DNA database. The average turnaround time with the HPD
laboratory is approximately 4 months. Submission conditions to HPD laboratory
indicate that the case must still be within the Statutes of Limitations and of violent
crimes including sexual assault and domestic violence homicides. All eligible DNA
analyses conducted are to be submitted for inclusion into CODIS.
The Hawaii Police Department Criminal Investigation Section investigates
homicides related to sexual assault and domestic /dating violence. The Honolulu Police
Department Scientific Investigation Section does not charge for testing DNA.
However, when time is critical, the Honolulu Police Department's approved private
forensic laboratories on the mainland must be used to be able to admit the results in the
CODIS. The approximate cost of submitting evidence to a private laboratory on the
mainland is between $3,000 to $23,000 depending on the availability and amount of
evidence collected to prove the crime. The ability to submit evidence for a rapid
turnaround time makes a difference in quickly identifying and apprehending the
perpetrator.
The Human Identification Technologies Inc., a laboratory located in Redland
California, has met all technical requirements set forth by the HPD's Scientific
Investigations Section (SIS), including an on -site inspection by SIS personnel. The
laboratory guarantees the analysis to be completed within 45 days, but likely closer to 2
weeks according the laboratory's director (Mehul Anjaria). The rapid turnaround time
will be critical when sexual assault is coupled with other violent crimes against women
such as murder, attempted murder, assault, robbery and kidnapping, and when other
aspects of investigations have been exhausted which leave a case to grow "cold ". The
option to have a rapid discovery of DNA evidence will impact victim safety and
recovery as well as assist the Prosecuting Attorney in successfully prosecuting the
cases.
Year Location SAFE Exams > 18 yrs old 14 - 17 yrs old <14 yrs old
2007 East Hawaii 10 3 2 5
West Hawaii 12 9 0 3
2008 East Hawaii 44 20 11 13
West Hawaii 23 12 3 8
2
2009. East Hawaii 36 19 2 15
West Hawaii. 19 10 1 8
2010 East Hawaii 18 5 4 9
West Hawaii 7 4 2 1
TOTAL 169 82 25 62
• 63% of all the exams completed were of adults and adolescents age 14 and older.
• Four cases of homicide victims were suspected to be victims of sexual assault.
CASE Outcomes — Office of the Prosecuting Attorney
Closed Arrested and Charged 13
Sentenced 8
Declined 1
Scheduled jury trial 1
Nolle pros - plea agreement 1
Nolle pros - Witness unavailable 1
Defendant deported 1
Deferred to Prosecutor 33
Dcreening 9
Scheduled grand jury 1
Scheduled jury trial 3
Declined victim cannot go forward 1
Victim not available 4
Insufficient evidence 6
Victim withdrew 2
Pending further investigation 5
Sentenced 1
Declined good faith defense 1
Suspended 11
Continuing 21
Closed no prosecution 19
Closed unfounded 6
Closed record only (post mortem) 4
TOTAL Cases 107
3
r—
DISPOSITION OF SANE CASES
❑ Closed Arrested & Charged 1 Post Mortem • Deferred
i 0 Closed No Prosecution
Still Investigated
IIIIIII 0 Closed Unfounded
Closed No Prosecution n 19 6 • Suspended
I 0 Continueing
Sent to Prosecutors
• Record Only
0 10 20 30 40 50 60
NUMBER OF SANE CASES EXAMINED n =107
The cost of completing acute examinations by SAFE (SANE) of 107 adult and
adolescent victims of sexual assault for Hawaii County during the past 3 years is
$48,150, averaging to $16,050 per year. The Hawaii County Police Department
anticipates conducting more SAFE examinations as the economic downturn leads to
increased alcohol and drug use and contributes to higher incidents of violence against
women. Thus far, there are 15 cases in the first 4 months of 2010. Funding from the
OVW Recovery Act STOP grant for the examination will assure the County of Hawaii
of continuing its important effort to improve crime investigation and prosecution.
The following homicide incidents related to sexual assault and domestic or
dating violence are examples of where evidence were collected and submitted for DNA
analysis:
• On June 13, 2008, a 44 -year old female who was hitch - hiking home was
sexually assaulted by an unknown male. Swab samples obtained with Sexual
Assault Evidence Collection Kit by the SANE nurse was submitted for DNA
testing connected to a Cold Hit case as the suspect was recently released from
Halawa Prison. The suspect was subsequently arrested, charged and sentenced.
• On July 22, 2006, a 20 -year old female was run off the road at a high speed
chase by her ex- boyfriend, incidentally causing the death of her two friends who
were in her vehicle.
• On November 1, 2006, a 21 -year old female was shot in the head, placed in car
and set on fire by her 23 -year old former boyfriend. All physical evidence of
the female was destroyed in the fire. The cost of DNA analysis for this case was
$5,400.
• On Novemeber 11, 2006, a 34 -year old pregnant female was sexually assaulted,
kidnapped and ultimately killed by her ex- boyfriend who violated a restraining
order. This case costed $23,107 in DNA analysis.
4
• On December 30, 2009, a 24 -year old female was shot multiple times and killed
by her estranged boyfriend who also died of a single, self - inflicted gunshot to
the head. The woman had a restraining order and two children.
• On June 11, 2010, a 38 -year old female was stabbed to death by her 47 -year old
husband following a marital discord. This case is still under investigation.
B. GOALS AND OBJECTIVES
The goal is to continue and improve Hawaii County's ability to respond to
sexual assault and other violent crimes against adult and adolescent women with timely
examination by SAFE examiners and analysis of the recovered evidence specimen for
DNA comparisons and establishment of corroborations of the crimes.
The objective is to be able to analyze all of the sexual assault evidence
collection kits collected from all adult and adolescent female victims of sexual assault
and domestic /dating violence, and from the suspects of stated crimes to HPD approved
forensic laboratories.
C. PROJECT ACTIVITIES
1) SAFE and Sex Crimes Unit personnel will collect all evidence pertinent to the
sexual assault and violent crimes for all pre -72 hours case using the Sexual
Assault Evidence Collection Kits provided by the Hawaii State Sexual Assault
Response Team.
2) Sexual Assault cases that are reported to Hawaii Police Department after 72
hours (post -72) are not subject to collection of evidence using the SAECK since
the time lapse will render poor and or insufficient evidence tainting a positive
investigation outcome.
3) All evidence collected from the victims of sexual assault and other violent
crimes will be submitted for analysis after investigations completed presents
with unknown suspects.
4) Statistical data from known and unknown suspects will be submitted for CODIS
match.
5) At end of the project, evaluation of successful prosecution will be completed.
D. PROJECT ORGANIZATION AND MANAGEMENT
Hawaii County Police Department, Juvenile Aid Section Lieutenant Lucille
Melemai will be directing the project activities under the command of Criminal
Investigation Division Captain Randall Medeiros with the oversight of Major Samuel
5
Thomas and Assistant Chief Derek Pacheco of the Field and Investigative Operations
Area I.
E. PERSONNEL
Lieutenant Lucille Melemai — Juvenile Aid Section, Area I
Captain Randall Medeiros — Criminal Investigation Division
Major Samuel Thomas and Assistant Chief Derek Pacheco — Field and Investigative
Operations Area I
The Juvenile Aid Section Sex Crimes Unit, Area I (East Hawaii) and Area II
(West Hawaii) will maintain the minimum number of assigned Investigators and
contract SAFE nurses:
Sex Crimes Detail 6
Domestic Violence Detail 3
Contract SAFE nurses 6
F. BRIEF PERSONNEL BIOGRAPHIES
Personnel biographies are located in the Hawaii County Police Department
Administration Personnel Department available upon request.
G. PARTICIPATING AGENCIES
Honolulu Police Department Scientific Investigation Division will be requested
to complete analysis of SAECK collected from victims of sexual assault and other
violent crimes with known and unknown suspects.
Other participating agencies include the FBI Crime Lab and other identified
Laboratories as necessary for completion of analysis for DNA presence and
identification of victims with known and unknown suspects on a timely manner (within
3 months turnaround time).
H. PERFORMANCE INDICATORS /OUTCOME MEASURES
1) 100% of Sexual Assault Evidence Collection Kits (SAECK) collected from
Sexual Assault and other violent crimes against women with known and
unknown suspects in Hawaii County will be submitted to a HPD approved DNA
Analysis Crime laboratory upon completion of preliminary investigation and
interviews by the Sex Crime and Violent Crimes Detectives.
2) 100% of the cases will be finalized with a determination in a timely manner
pending the findings provided by the Crime Lab.
6
3) 100% of the analyzed SAECK results will be deferred to the Hawaii County
Prosecuting Attorney's office for determination during the project period.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
Funding from the OVW Recovery Act STOP will provide Hawaii County law
enforcement critical resources to conduct effective investigations of incidents involving
sexual assault and domestic /dating violence against adult and adolescent females.
Timely examinations by SAFE personnel and DNA analysis of recovered crime
evidence will aid in the successful prosecution of violent crimes against women.
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT 1
A. Salaries and Wages
No. of
Position Title Positions Monthly rate — Subtotal
N/A $ $
$ $
$ $
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ 1 $
$ 1 $
Total Salaries and Wages 1 $
B. Fringe Benefits Employee Benefits @
No. of
Position Title Positions Monthly Rate Subtotal
N/A $ $
_ $ $
No. of
Position Title Positions Hourly Rate Subtotal
$ $
$ $
Total Fringe Benefits $
C. Consultants /Contracts _
Length of
Consultant/
Scope of Estimated Contract
Consultant /Contract Cost Service Select as Appropriate
SANE /SAFE nurse exams $20,000
on Acute Sexual Assault
cases _ ❑ Consultant X Contract $20,000
$ ❑ Consultant ❑ Contract _
$ ❑ Consultant ❑ Contract
Total Consultants $20,000
1 1
AG /CPJAD VAWA #1(b) (Rev 01/27/10)
1 ELEMENT AMOUNT
D. Transportation and Subsistence
Itemize for J No. of
mainland /interisland airfare, Travelers No. of
ground transportation, rental as Days
car, per diem Unit Cost applicable Subtotal
N/A $ $
$ _ $
$ - $
Total Transportation and Subsistence $0
E. Office Supplies
Itemize supplies and related Cost by
costs such as printing, paper, Unit
binders, etc. Quantity Subtotal
N/A $ $
$ $
$ $
$ $
Total Office Supplies $0
F. Equipment
Specify equipment that will be
purchased, leased, or rented. Quantity Cost by Unit Subtotal
N/A $ $
$ $
$ $
$ $
Total Equipment $0
COST ELEMENT AMOUNT
Cost by
G. Other Costs Quantity Unit Subtotal
DNA analysis /evidence
identification of cases of sexual 8 $ 13,125 $105,000 $105,000
assault and domestic /dating
violence against females victims
$
$ $
$ $
Total Other Costs $105,000
TOTAL PROJECT COSTS $125,000
AG /CPJAD VAWA #1(b) (Rev 01/27/10)
BUDGET EXPLANATION:
A. Salaries and Wages
N/A
B. Fringe Benefits
The composite fringe benefit rate is at NA% for NA (list positions). The rate consists of the
following fringe benefit items and computed rates: NA
C. Consultants /Contracts
The SAFE nurses are contracted by the Hawaii County Police Department to perform
medical -legal sexual assault examination and collection of evidence. The SAFE nurses are
paid $450 for acute sexual assault examinations that has occurred within the past 72 hours.
The estimated cost of $20,000 is based on approximately 44 projected SAFE examinations.
D. Transportation and Subsistence
N/A
E. Office Supplies
N/A
F. Equipment
N/A
G. Other Costs
To identify victim and suspect, Sexual Assault Evidence Collection Kits (SAECK) will be
submitted for DNA analysis to a private mainland laboratory approved by the Honolulu
Police Department at a total cost of $105,000. The mainland laboratory will be utilized •
when a rapid turnaround time is critical in apprehending and prosecuting the perpetrator.
The estimated cost is an average estimate based on 8 cases since 2006 that fit the criteria of
violent crimes against women culminating in homicide. In addition, there were
approximately 39 sexual assault examinations using the SAECK on adult and adolescent
women. The average cost of the evidence collection/DNA analysis ranges from $5,400 to
$23,017.
AG /CPJAD #1(b) (Rev 01/27/10)
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: Chief of Police
Agency: Hawaii County Police Department
AG /CPJAD #3 06/02
CERTIFICATION FORM
Recipient Name and Address: Hawaii County Poli.ce Department 349 Kapiolani St. , Hil_o, HI 96720
Sexual Assault Exam and
Grant Title: Off ender /Victim DNA Analysis Grant Number: 09 -EF -05 Award Amount:. $125, 000 .00
Contact Person Name and Title: Lucille �9elemai, Lieutenant _ Phone Number: �O8) 961 -2254
Federal regulations require recipients of financial assistance from the Office of Justice Programs (01P), 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 forms) 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
apply.
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non - profit organization,. ❑ Recipient is an educational institution, or
O Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42302. 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):
1, [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, O*
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 Oat:: C l /3I /06
II
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant Is providing the
certification set out below.
2. The certification In this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. if it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, In addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide Immediate written notice to the person to which
this proposal Is submitted if at any time the prospective lower tier participant learns that Its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "Ineligible," "lower. tier covered
transaction," "participant," "person," "primary covered transaction, " " "
excluded," principal, proposal, and
"voluntarily ed," 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 authorised 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
tower tier covered transaction that it Is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification Is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may check
the Nonprocurement List.
8. Nothing contained in the foregoing shalt 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.
t — -- U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
F OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, ineligibility and Voluntary Exclusion
Lower T ier Covered Transactions
(Sub- Recipient)
•
This certification Is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 87, Section 67.510, 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. Kubojiri, Chief of Police
Name and Title of Authorized Representative
Signature Date
Hawaii County Police Department
•
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720 •
Address of Organization •
OJP FORM 4061/1 (REV. 2189) Previous editions are obsolete.
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 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:
Signature: Date:
Name: Harry S. Kubojiri _ Title: Chief of Police
Agency: Hawaii County Police Department
AG /CPJAD #14A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
(for ARRA Government Agency Contracts)
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.
2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
unless mandated earlier by CPJAD.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii County Police Department
AG /CPJAD #14 (VAWA- Recovery Government) 05 /2010
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 County Police Department
AG /CPJAD #15 3/10
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
Hawaii County 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:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii County Police Department
AG /CPJAD 416 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA RECOVERY ACT SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Access to Records; Interviews
(a) U.S. Department of Justice (DOJ) including the Office of Justice Programs (OJP)
and the Office of the Inspector General (OIG), and its representatives, and the
Government Accountability Office (GAO), shall have access to and the right to
examine all records (including, but not limited to, books, papers, and documents)
related to this Recovery Act award, including such records of any subrecipient,
contractor, or subcontractor.
(b) DOJ and the GAO are authorized to interview any officer or employee of the
Grantee (or of any subrecipient, contractor, or subcontractor) regarding
transactions related to this Recovery Act award.
2. Separate Tracking and Reporting of Recovery Act Funds and Outcomes
(a) Grantee agrees to track, account for, and report on all funds from this Recovery
Act award (including specific outcomes and benefits attributable to Recovery Act
funds) separately from all other funds, including DOJ award funds from non -
Recovery Act awards awarded for the same or similar purposes or programs.
(Recovery Act funds may be used in conjunction with other funding as necessary
to complete projects, but tracking and reporting of Recovery Act funds must be
separate.) Accordingly, the accounting system must ensure that funds from this
Recovery Act award are not commingled with funds from any other source.
(b) Grantee further agrees that all personnel whose activities are to be charged to the
award will maintain timesheets to document hours worked for activities related to
this award and non - award - related activities.
3. Subawards / Contracts — Monitoring
(a) Grantee is responsible for monitoring subawards and subcontracts under this
Recovery Act award in accordance with all applicable statutes, regulations, Office
of Management and Budget (OMB) circulars, and guidelines, including the OJP
Financial Guide, and to include the applicable conditions of this award in any
subaward /subcontract. The recipient is responsible for oversight of subrecipient
spending and monitoring of specific outcomes and benefits attributable to use of
Recovery Act funds by subrecipients. The Grantee agrees to submit, upon
request, documentation of its policies and procedures for monitoring of
subawards /subcontracts under this award.
AG /CPJAD #26A VAWA - Recovery 01/10
4. Transactions Listed in Schedule of Expenditures of Federal Awards -
(a) Grantee shall maintain records that identify adequately the source and application
of Recovery Act funds, to maximize the transparency and accountability of funds
authorized under the Recovery Act as required by the Act and in accordance with
2 CFR 215.21, "Uniform Administrative Requirements for Grants and.
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
profit Organizations" and OMB A -102 Common Rules provisions (relating to
Grants and Cooperative Agreements with State and Local Governments).
(b) Grantee agrees to separately identify the expenditures for Federal awards under
the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and
the Data Collection Form (SF -SAC) required by OMB Circular A -133. This
condition only applies if the recipient is covered by the Single Audit Act
Amendments of 1996 and OMB Circular A -133, "Audits of States, Local
Governments, and Non - Profit Organizations." This shall be accomplished by
identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-
SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the
name of the Federal program on the SEFA and as the first characters in Item 9d of
Part III on the SF -SAC.
5. Recovery Act Reporting and Registration Requirements
(a) Grantee shall complete projects or activities which are funded under the Recovery
Act and shall submit progress reports under Section 1512 of the Recovery Act on
use of Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) Grantee shall report the information described in section 1512(c) as applicable,
using the reporting instructions and data elements that will be provided by
CPJAD.
(c) The progress reports are to cover activities that the Grantee has completed
whether funded in whole or in part by the Recovery Act. The Recovery Act
reporting periods and due dates are:
• July 1 - September 30 Due: October 5
• Octoberl - December 31 Due: January 5
• January 1 - March 30 Due: April 5
• April 1 -June 30 Due: July 5
(d) Grantee shall maintain current registration in the Central Contractor Registration
(www.ccr.gov) at all times during which they have active federal awards funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering
AG /CPJAD #26A VAWA- Recovery 01/10 2
System (DUNS) Number (www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
6. 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 Recovery Act 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 Recovery Act 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.
7. Protecting State and Local Government and Contractor Whistleblowers (Recovery Act,
section 1553)
Grantee recognizes that the Recovery Act provides certain protections against reprisals
for employees of non - Federal employers who disclose information reasonably believed to
be evidence of gross mismanagement, gross waste, substantial and specific danger to
public health or safety, abuse of authority, or violations of law related to contracts or
grants using Recovery Act funds. For additional information, refer to section 1553 of the
Recovery Act. The text of Recovery Act is available at www.oio.usdoj.gov /recovery.
8. Misuse of Award Funds
Grantee understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment
from federal grants, recoupment of monies provided under an award, and civil and /or
criminal penalties.
9. Additional Requirements and Guidance
Grantee shall comply with any modifications or additional requirements that may be
AG /CPJAD #26A VAWA- Recovery 01/10 3
imposed by law and future OJP (including government -wide) and Hawaii Department of
the Attorney General guidance and clarifications of Recovery Act requirements.
10. Delinquent Reports
(a) Grantee shall comply with all reporting requirements. Failure to comply with the
reporting requirements may, in addition to other penalties, subject the recipient to
the following:
(i) After failure to report complete data by the due date stated in sections 5.c.
for two consecutive reporting periods, the Grantee may be precluded from
drawing down funds until such time as the Grantee becomes current in its
reporting obligations.
(ii) After failure to report complete data by the due date stated in sections 5.c.
for three consecutive reporting periods, the Administrator of the Crime
Prevention and Justice Assistance Division may terminate the Grantee's
contract for cause. Upon written letter of termination, the Grantee must
return any unexpended award funds within 15 calendar days of the date of
the letter of termination.
11. 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_fbo.htm.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii County Police Department
AG /CPJAD #26A VAWA- Recovery 01/10 4
STOP VIOLENCE AGAINST WOMEN
FORMULA GRANT PROGRAM
CERTIFICATE OF COLLABORATION
To be completed by applicant agency:
Applicant Agency: _ Hawaii County Police Department
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 Sexual Assault examination and Offender /Victim DNA Analysis
project is to provide the medical - forensic examination of women and teens who have
experienced violent crimes including sexual assault and to corroborate the offender's
latent evidence and DNA to the victim and enhance the probability of successful
prosecutions in theses cases.
•
March 22, 2010
Date Auth. 'zed ignature • f Applica o • gency
To be completed by local victim services organization. The individual signing this section may not be from
the applicant agency.
As a designated representative of YWCA SEXUAL ASSAULT SUPPORT
SERVICES (SASS), a recognized local victim services organization, I 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: // YWCA OF HAWAII ISLAND
Name & Title of Signing Authority: LOKKAin.P Da.viS CAt:e O -firy G
Signature:
Date:
AG /CPJAD #24 7 /2008AG_CPJAD #24 V A WA Certificate of Collaboration for 09 -WFSA exams and Victim DIVA analysisiD