HomeMy WebLinkAboutRES 016 Draft 01 2012-2014 •COUNTY OF HAWAII +:�� •" STATE OF HAWAII••
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RESOLUTION NO. 16 13
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 THE HAWAII
COUNTY POLICE DEPARTMENT'S SAFE PROGRAM
WHEREAS, the State of Hawaii Department of the Attorney General, Crime
Prevention and Justice Assistance Division has authorized funding towards the Hawaii
County Police Department's SAFE program; and
WHEREAS, the SAFE program is a program to improve Hawaii County's
response to violent crimes against women; and
WHEREAS, the funds will be used to contract an agency to oversee, coordinate
and perform services of the SAFE program; 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 HAWAI`I, in
accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of
Hawaii is authorized to execute, on behalf of the County, an agreement, attached hereto
and incorporated herein by reference as "Exhibit I", and related documents with the State
of Hawaii Department of the Attorney General, to enable the County to accept funds to
implement the SAFE program.
BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall
transmit copies of this resolution to the Office of the Mayor, the Finance Department,
and the Hawaii County Police Department.
Dated at Hilo , Hawai`i, this 9th day of January , 2013.
INTRODUCED BY:
•
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on January 9, 2013 KERN X
ONISHI X
ATTEST: i POINDEXTER X
V✓ILLE X
YOSHIMOTO X
9 0 0 0
afti' Reference: C-19/FC-4
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 16 13
Exhibit "I"
Project Number 10-WF-15
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of July 1, 2012,
by and between the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency, " by and through the Attorney
General, and the Hawai ' i 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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(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, sexual assault, or
stalking and may undertake the following activities -
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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 -
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
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advocacy for victims of domestic violence committed by
law enforcement personnel :
o The implementation of protocols within law enforcement
agencies to ensure consistent and effective responses to
the commission of domestic violence by personnel within
such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police
[ 'Domestic Violence by Police Officers : A Policy of the
IACP, Police Response to Violence Against Women Project '
July 2003] ) :
o The development of such protocols in collaboration with
State, tribal , territorial and local victim services
providers and domestic violence coalitions .
WHEREAS, the Governor has designated Agency to serve
as Hawaii ' s office for administering the federal financial
assistance available under the Act ;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its implementing
regulations contained in the STOP Violence Against Women Formula
Grant Program Guidance, and 28 C . F.R. Chapter 1, Part 66 , and
has applied to Agency for receipt of the same as a subgrantee;
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WHEREAS, Agency has reviewed Grantee ' s application for
funds, and is satisfied that all of the requirements of the Act
and its implementing regulations have been satisfied and that
Grantee is capable of using the federal funds requested
appropriately;
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the required services,
programs and activities ;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as
follows :
A. SCOPE OF SERVICES .
Grantee shall, in a proper and satisfactory manner, as
determined by Agency, and in accordance with the terms and
conditions of this Contract , use the funds received under this
Contract for the purposes stated herein and in accordance with
the "Application For Grant" (Parts I through IV including all
certifications required under Section C) and the Acceptance of
VAWA Special Conditions attached hereto as Exhibit "A" and by
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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, 2012 to and including June 30, 2013
unless this Contract is sooner terminated as hereinafter
provided or unless this Contract is extended in accordance with
Section L of this Contract .
C. PERFORMANCE REQUIREMENTS AND CONDITIONS .
1 . Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Office on Violence Against Women, 28 C . F. R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
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Office of Justice Programs ' financial manual entitled "Financial
Guide . "
2 . Grantee shall comply with all the ordinances,
codes, rules and regulations of the Federal , State and local
government which in any way affect its performance under this
Contract .
3 . Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Office of Management and Budget Circular A-133 .
4 . Prior to, or concurrently with the execution
of this Contract , Grantee shall complete, execute and submit to
Agency a Certification Regarding Drug-Free Workplace
Requirements which meets the requirements of the Drug-Free
Workplace Act of 1988 (Pub . L. 100-690 , Title V, Subtitle D,
U. S . C. , Title 41 , Chapter 10, §702 ) , hereinafter referred to as
the "Drug-Free Workplace Certification. " A copy of the Drug-
Free Workplace Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the
representations made in the Drug-Free Workplace Certification
are true at the time this Contract is executed and will remain
true throughout the entire term of 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
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of any or all of the requirements set forth therein shall
entitle Agency to suspend one or more payments under this
Contract, and/or terminate this Contract pursuant to the
provisions of Section N of this Contract . Grantee warrants that
it is aware that such false certification or violation of the
requirements contained in the Drug-Free Workplace Certification
shall subject the State of Hawaii to government-wide suspension
or debarment, or other sanctions which, in turn, shall result in
the withdrawal of funds from Grantee and/or the unavailability
of future funding for Grantee .
5 . Prior to, or concurrently with the execution
of this Contract , Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification. " A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant . Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is 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
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to as the "Non-Supplanting Certification. " A copy of the Non-
Supplanting Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the
representations made in the Non-Supplanting Certification are
true at the time this Contract is executed and will remain true
throughout the entire term of the Contract and any extensions,
and that Grantee shall fulfill any and all terms and conditions
set forth therein.
7 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Lobbying, hereinafter referred to as the "Lobbying
Certification, " and any subsequent disclosure forms required
under Section 1352 , Title 31 U. S . C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant . Grantee covenants that the representations made in
the Lobbying Certification 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
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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; the Department of Justice regulations
implementing the above-referenced statutes at 28 C. F.R. Part 42 ,
subpts . C, D, G, and I , 28 C . F.R. Part 35 , and 28 C . F.R. Part
54 ; 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 .
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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 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
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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 Act funds to Agency as stipulated under Part
IV. Attachments, Acceptance of VAWA Special Conditions .
14 . If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before title
in such property may vest in Grantee . Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates . If a certification is not provided by
Grantee, title to any personal property purchased or acquired
with funds received under this Contract shall vest in Agency and
such personal property shall be delivered to the Agency in good
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working order upon expiration or sooner termination of this
Contract .
15 . Grantee shall ensure that seventeen thousand
three hundred fifty-six and 00/100 dollars ($17 , 356 . 00) are
available as matching funds to provide the services under this
Contract . Grantee shall maintain records which clearly and
accurately show the source, amount and the timing of match
contributions . If, at the end of the Contract period, Agency
determines that Grantee does not have the required matching
contribution, Grantee shall return all of the federal portion of
the project cost for which Grantee does not have the required
match.
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.
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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
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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 .
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G. COMPENSATION.
1 . Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract , a sum not to exceed fifty-two
thousand sixty-eight and 00/100 dollars ($52 , 068 . 00) to be spent
for the purposes of this Contract . This sum represents any and
all compensation to be paid to Grantee for any and all services
it provides, and for any and all travel costs , materials,
supplies, equipment , overhead, taxes, and other incidentals and
operating expenses which it incurs or may incur in connection
with this Contract .
2 . It is covenanted and agreed by and between
the parties hereto that , as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government .
H. METHOD OF PAYMENT.
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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 therefor, arising out
of or resulting from the acts or omissions of Grantee, its
officers, employees, agents, or subcontractors occurring during
or in connection with the performance of Grantee ' s services
under this Contract, or arising out of or resulting from breach
of this Contract by Grantee . Grantee shall defend the State of
Hawaii , Agency, and their officers, agents, and employees
against any such action or claim unless the action or claim
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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 , at the option of Agency,
become Agency' s property and, together with all information,
data, reports, records , maps , and other materials (if any)
24 Project No. 10-WF-15.doc
(revised 10/2011)
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.
25 Project No. 10-WF-15.doc
(revised 10/2011)
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 Project No. 10-WF-15.doc
(revised 10/2011)
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 David M. Louie
Its Attorney General
Date
HAWAI ' I POLICE DEPARTMENT,
( "GRANTEE" )
By
Print Name William P . Kenoi
Title Mayor
Date
APPROVED AS TO FORM AND
LEGALITY:
Deputy Corporation Counsel
County of Hawai ' i
APPROVAL RECOMMENDED :
By
Print Name Harry S . Kubojiri
Title Chief of Police
Date
27 Project No. 10-WF-15.doc
(revised 10/2011)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: SAFE Program Coordination
B. APPLICANT AGENCY: HAWAI'I POLICE DEPARTMENT
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawai'i 96720
D. PROJECT PERIOD: From July 1 2012 To June 30, 2013
1 ❑ 4 7 10 13❑
E. VAWA PROGRAM PURPOSE(S): 2 ❑ 5 ❑ s ❑ 11 ❑ 14❑
3 ❑ 6 ❑ 9 E 12
F. FUNDING PRIORITY AREA(S): ®
2 ❑ 4 ❑ 5 ❑❑ 7 0
G. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $52,068.00
Agency Match 25% $17,356.00
TOTAL 100% $69,424.00
H. PROJECT DIRECTOR
Name: Gilbert Gaspar Title: Lieutenant, Area II, JAS
Address: 74-611 Hale Maka'i Place, Kailua-Kona, Hawaii 96740
Telephone: 808 326-4646 Fax: 808 327-3587
• E-Mail: ggaspar @co.hawaii.hi.us
I. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant IV, Finance
Address: 349 Kapiolani Street, Hilo, Hawai'i 96720
Telephone: 808 961-2273 Fax: 808 961-2390
E-Mail: nishii @co.hawaii.hi.us
FOR CPJAD USE
Date Received 8-23-12 Project Number: 10-WF-15
EXHIBIT A
AG/CPJAD#1-VAWA Application for LE&Pros(rev 9/2011)
In order to continue the SAFE Program, the HPD is proposing to utilize its FY10 VAWA
funds to outsource what were previously in-house services. A contracted provider will
implement SANE recruitment and hiring; plan and coordinate SANE training and
preceptorship process; ensure 24-hour SANE coverage for East and West Hawaii;
establish and maintain examination rooms in East and West Hawai'i; manage case
assignments; develop quality control and peer review process; schedule follow-up
appointments with victims; and other related responsibilities.
A portion of the VAWA funds to be contracted to the provider will be utilized for
specialized training for SANEs, and to compensate for half-time personnel who will
coordinate and implement the SAFE Program.
B. GOALS AND OBJECTIVES
Goal
To improve Hawaii County's response to violent crimes against women through
comprehensive medical and forensic services for victims of sexual assault.
Objectives
1. To contract with an outside partner agency for the operation, coordination,
continued development, and services of the SAFE Program.
2. To provide 24-hour access to medical and forensic services for all sexual assault
victims requesting services thru the SAFE Program.
3. All SANEs and SANE candidates in the SAFE Program will receive training and
continuing education required to conduct forensic examinations.
4. The SAFE Program will comply with statewide standards established by the Hawai'i
Sexual Assault Response and Training (HSART) protocols and guidelines.
C. PROJECT ACTIVITIES
Upon receipt of VAWA STOP funding, the HPD will contract with an agency provider
that will oversee, coordinate, and perform the services of the SAFE Program.
The contracted agency will be responsible for the following activities throughout the
project period:
1. Hire (contractual) certified Sex Assault Nurse Examiners (SANEs); schedule 24/7
SANE coverage for East and West Hawai'i.
2. Recruit and facilitate training and certification of qualified SANE candidates;
provide continuing education to SANEs to maintain certification.
3. Schedule follow-up appointments with victims.
4. Secure appropriate examination rooms in East and West Hawai'i.
5. Ensure availability of forensic examination supplies and kits.
6. Provide appropriate documentation/pictures of sex assault evidence to HPD.
AG/CPJAD#1-VAWA Application for LE&Pros(rev 9/2011)
G. PARTICIPATING AGENCIES
The HPD collaborates with the YWCA of Hawaii Island, Sexual Assault Support
Services (SASS), a program that provides 24/7 sexual assault crisis response and
stabilization and other wrap-around services for victims. Other partner entities include:
the Big Island Coalition Against Physical and Sexual Assault (BICAPSA); Children's
Justice Center (CJC) of East and West Hawai'i; Sexual Assault Treatment Center
(SATC); State Department of Human Services; Prosecuting Attorney of Hawaii County;
Hilo Medical Center; Kona Community Hospital; North Hawaii Community Hospital;
Ka'u Hospital; Kapiolani Children's Hospital.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Outputs
1. The number of SANEs contracted under the SAFE Program.
2. The number of SANE candidates recruited and trained and certified to be SANEs.
3. The number of SANEs receiving continuing education to maintain certification.
3. The number of sexual assault victims served thru the SAFE Program.
4. The number of HSART, BICAPSA and other meetings attended by HPD and the
contract provider.
5. Pertinent documentation regarding outcome of collaborative meetings between
HPD, the contracted provider and other partner agencies.
Outcomes
1. 100% of SANEs received training/education to enhance professional skills and
maintain certification.
2. 100% of recruited SANE candidates received training to be certified as SANEs.
3. 100% of sexual assault victims requesting services thru the SAFE Program were
served.
4. Improved working collaboration between HPD, YWCA, SART, HSART and
BICAPSA.
5. Compliance with HSART protocols and guidelines.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
The Hawaii Police Department's SAFE Program must continue to provide highly
qualified and responsive medical and forensic services to victims of sexual assault.
These services encourage reporting of sex crimes to police, improve law enforcement
investigations, aid in successful prosecution, and enhance working collaborations
between partner agencies.
AG/CPJAD#1-VAWA Application for LE& Pros(rev 9/2011)
DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD
APPLICATION FOR GRANT
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A. Salaries and Wages
No. of
Position Title Positions Monthly rate Subtotal
Lieutenant 1 $936.44 $11,237
Captain 1 $197.80 $2,374
(Agency Match)
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
Total Salaries and Wages $13,611
B. Fringe Benefits Employee Benefits @(see below)%
No. of
Position Title Positions Monthly Rate Subtotal
Lieutenant(26.5%) 1 $248 $2,976
Captain (32.3%) 1 $64 $769
(Agency Match)
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
Total Fringe Benefits $3,745
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
SAFE Program(operation,
coordination, services) $52,068 1 year ❑ Consultant ®Contract
❑ Consultant ❑Contract
Total Consultants/Contracts $52,068
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No. of
Itemize for mainland/interisland Travelers No.
airfare,ground transportation, as of
rental car,per diem Unit Cost applicable Days Subtotal
N/A
Total Transportation and Subsistence $0
E. Office Supplies
Itemize supplies and related costs
such as printing,paper,binders, etc. Quantity Cost by Unit Subtotal
AG/CPJAD#1(b) (Rev 12/16/2010)
BUDGET EXPLANATION:
A. Salaries and Wages
This portion of the budget will provide the agency's 25% in-kind match. The police
lieutenant will spend approximately 20.5 hours per month as the project director. The
police captain will spend approximately 4.3 hours per month providing overall
supervision of the project.
Lieutenant: $45.68/hour salary x 20.5 hours/month x 12 months= $11,237
Captain: $46.00/hour salary x 4.3 hours/month x 12 months = $2,374
B. Fringe Benefits
This portion of the budget will also provide the agency's 25% in-kind match. The
composite fringe benefit rate that will be applied to the lieutenant position is
approximately 26.5%. The composite fringe benefit rate that will be applied to the
captain position is approximately 32.3%. Below are the fringe benefit categories. A
breakdown of the composite fringe rates is available upon request.
FICA/Social Security
State Unemployment Insurance
Workman's Compensation
C. Consultants/Contracts
The HPD will contract with an agency provider for the operation, management, and
services of the SAFE Program. Contracted services include: SANE recruitment and
hiring; planning and coordination of SANE training and preceptorship process;
ensuring 24-hour SANE coverage for East and West Hawai'i; establishing and
maintaining examination rooms in East and West Hawai'i; case management;
development of quality control and peer review process; scheduling follow-up
appointments with victims; and other related responsibilities. Funds contracted to
provider also include costs relating to specialized training for SANEs and SANE
candidates; and compensation for half-time personnel to coordinate, implement, and
oversee the SAFE Program.
D. Transportation and Subsistence
N/A
E. Office Supplies
N/A
F. Equipment
N/A
G. Other Costs
N/A
AG/CPJAD#24 9/2011
PART IV. ATTACHMENTS
• Acceptance of Conditions (AG/CPJAD#14A)
• Acceptance of VAWA Special Conditions (AG/CPJAD#26 VAWA Government)
• Certification of Non-Supplanting (AG/CPJAD #3)
• Certification of Non-Discrimination (AG/CPJAD #15)
• Certification of Non-Discrimination Complaint Procedures (AG/CPJAD#30)
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion (OJP Form 4061/1 Rev. 2/89)
• Certification Regarding Equal Employment Opportunity Program (OCR Form -
Expiration date: 12/31/12)
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: Hawai'i Police Department
AG/CPJAD#14A(8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. A progress report shall be submitted to the CPJAD every six (6) months during the
project period. The report is due within thirty (30) days following the end of each six
month period and at the end of the project. The initial reporting period starts on the
project's start date. The appropriate report form will be provided to each project by the
CPJAD. (AG/CPJAD #20) The report shall contain information describing progress,
accomplishments, activities, changes and problems during the report period and any
additional information specified by the CPJAD.
2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
unless mandated earlier by CPJAD.
3. Funds Subcontracted to Faith Based Organizations
Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of grants may still engage in inherently religious activities, but
such activities must be separate in time or place from the Department of Justice funded
program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes
clear that organizations participating in programs funded by the Department of Justice are
not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion. Notwithstanding any other special condition of this award, faith-based
organizations may, in some circumstances, consider religion as a basis for employment.
See http://www.ojp.gov/about/ocr/equal_fbo.htm.
4. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by:
AG/CPJAD#26 VAWA Govt 06/10
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E-mail: oig.hotline @usdoj.gov
Hotline: (contact information in English and Spanish): (800) 869-4499, or
Hotline fax: (202) 616-9881.
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD#26 VAWA Govt 06/10 2
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kuboliri Title: Chief of Police
Agency: Hawai'i 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 Office of Justice
Programs, Office of Community Oriented Policing Services, and Office on Violence Against
Women 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 Office of Justice Programs, Office of Community Oriented Policing
Services, and Office on Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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 Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women 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 Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith-
based organizations.
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: Hawai'i Police Department
AG/CPJAD#15 (revised 10/2011)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs (OJP), Office for Civil Rights (OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance, the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the Hawai'i Police Department (name of agency) has non-discrimination complaint
procedures which include:
(1) a coordinator whc i1' irr.�]�c us .c2C p,-4 g the complaint process. The agency's
coordinator is:
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
VV 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-Recipient)
This certification Is required by the regulations implementing Executive Order 12549, Debarment and
Suspension,28 CFR Part 87;Section 87.510, Participants' responsibilities.The regulations were published
as Part VII of the May 26, 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 Police Department
•
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720 •
•
Address of Organization
(MP FORM 406111(REV.2189)Previous editions are obsolete.
CERTIFICATION FORM
Recipient Name and Address: Hawai'i Police Department 349 Kapiolani Street, Hilo, Hawai'i 96720
Grant Title: SAFE Program Coordination Grant Number: 10-WF-15 Award Amount: $52,068
Contact Person Name and Title: Gilbert Gaspar, Lieutenant-Area II, JAS Phone Number: (808 ) 326-4646
Federal regulations require recipients of financial assistance from the Office of Justice Programs(OJP), its component agencies, and the
Office of Community Oriented Policing Services(COPS) to prepare,maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations,must prepare,maintain on file and implement an EEOP,but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B,not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable)has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights,Office of Justice Programs,
U.S. Department of Justice, 810 7th 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
❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above,pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following(42 C.F.R. § 42.305):
I HARRY S.KUBOJIRI [responsible official], certify that
the HAWAII POLICE DEPARTMENT [recipient],which has 50 or more
employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: HAWAII POLICE DEPARTMENT [organization],
at 349 Kapiolani Street,Hilo,Hawaii 96720 [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.
HARRY S.KUBOJIRI,Chief of Police
Print or type Name and Title Signature Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12