HomeMy WebLinkAboutRES 361 Draft 01 2012-2014 /0"c.774
COUNTY OF HAWAII • ��' \�.- STATE OF HAWAII•
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RESOLUTION NO. 361 14
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 Hawai'i Department of the Attorney General, Crime
Prevention and Justice Assistance Division has authorized funding towards the Hawai'i
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 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, 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 Kona Hawaii, this 1st day of May 20J_4.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
III
i
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii EOFF R
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN R
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawaii on May 1, 2014 X
KERN X
ONISHI X
ATTEST: POINDEXTER x
WILLE X
443t,- Ez� YOSHIMOTO X
1 0 0101
Reference- C-784/FC-151
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 361 14
Exhibit "I"
Project Number 12-DJ-06
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of April 1, 2014, 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, whose business
address is 349 Kapiolani Street, Hilo, Hawaii 96720, hereinafter
called "Grantee."
WITNESSETH '
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. §§ 3711 et seq. , as amended
(hereinafter "Act" ) , was enacted to make grants to states and
units of local government, for use by the State or unit of local
,government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and
information systems for criminal justice, including for any one
or more of the following programs :
(1) Law enforcement programs .
(2) Prosecution and court programs .
1 (rev. 12/2013)
(3) Prevention and education programs .
(4) Corrections and community corrections programs .
(5) Drug treatment programs .
(6) . Planning, evaluation, and technology improvement
programs.
(7) Crime victim and witness programs .
WHEREAS, the Governor has designated Agency to serve
as Hawaii ' s office for administering the federal' financial
assistance available under the Act;
WHEREAS, Grantee, as an agency of the County of
Hawaii, is qualified to receive funds available to Hawaii under
the Act and its implementing regulations, contained in the
Edward Byrne Memorial Justice Assistance Grant (JAG) State
Solicitation, and 28 C. F. R. Chapter 1, Part 66, and has applied
to Agency for receipt of the same as a subgrantee;
WHEREAS, Agency has reviewed Grantee' s application for
funds, and is satisfied that all of the requirements of the Act
and its respective implementing regulations have been satisfied
and that Grantee is capable of using the federal funds requested
appropriately;
2 (rev. 12/2013)
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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 JAG ,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
3 (rev. 12/2013)
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Office of Justice Programs ' financial manual entitled "Financial
Guide.
. B. TERM OF CONTRACT:
This Contract shall be , in effect for the period
from.:April 1, 2014 ' to and: including March 31', 2015 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
Bureau of , Justice Assistance, 28 C. F. R. Chapter 1,, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
: Agreements to State and Local Governments, and Office ' of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
Guide.
2 . Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
and local government which in any way affect its performance
under this Contract .
4 , (rev. 12/2013)
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, if .so required by Agency, Grantee shall
complete, ' execute and submit to Agency' a Certification ' Regarding
Drug-Free Workplace Requirements ,which meets the requirements of
the Drug-Free Workplace Act of 1988 (Pub. L . 100-690, Title V,
Subtitle D, U. S .C. , Title 44 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
5 (rev. 12/2013)
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
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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 copSr 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,
6 (rev. 12/2013)
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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
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
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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 .
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
8 (rev. 12/2013)
properly reflect all `direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract. Grantee ' shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits, at all reasonable times by Agency or the
United States Department of Justice. In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Bureau ' of Justice Assistance may
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. Record's and financial
accounts shall be retained by . the Grantee and shall be
accessible to Agency and -the United States Department of Justice ,
for at least three years .after Agency' s grant with the Bureau of
Justice Assistance is closed.,
• 11 . The final drawdown for funds 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
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9 (rev. 12/2013)
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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. of the Application for Grant, Attachments, Acceptance of JAG
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 (3.0) 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 Alpon 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
10 (rev. 12/2013)
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 Ape provided under this Contract shall be
subcontracted or assigned without , the prior written approval of
Agency.
E. SUBCONTRACTS .
,Grantee Allay 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., .
11 (rev. 12/2013) -
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F. SERVICES AS INDEPENDENT CONTRACTOR.
1 . In the -performance of the services required .
under this Contract, Grantee shall be, an independent contractor'
with 'the authority . to control and direct : the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, . in ' Agency' s opinion, the work is being
performed by Grantee in accordance with the provisions of this '
Contract . All persons hired or used by Grantee shall be
Grantee ' s agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees . Furthermore,
Grantee intentionally, . voluntarily, and knowingly assumes the
,sole and entire liability if such . liability is determined to
exist, to its agents and employees or to third persons, for all
loss, cost, damage or injury ' caused by Grantee' s agents and
employees inthe 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
12 (rev. 12/2013)
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 applicable 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 Twenty-Four
Thousand, Nine Hundred Forty-Six and 00/100 dollars ($24, 946. 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
13 (rev. 12/2013)
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes .
2 . Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions :
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
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later •resolution of- the discrepancy by audit or other means.,
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
Agency ,notwithstanding ' Agency' s preliminary determination of
• • appropriateness and allowability. .
d. Failure o 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
• 15 • (rev. 12/2013)
occurring during or in connection with the .performance of
Grantee' s services under this `Contract, or arising out of or
' resulting from , breach of this . Contract by Grantee. Grantee
shall defend the ,State of Hawaii, Agency, and their officers,
agents, and employees against . .any such action or claim unless
the action or claim involves an act , or omission solely of ,
Agency, its officers, agents, . or employees .
2 . This section shall not be applicable' 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
16 . (rev. 12/2013)
comply. with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The . Agency shall have complete ownership of all
material, both 'finished and unfinished, which is developed,
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 HContract 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.
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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
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 .
18. (rev. 12/2013)
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
Grantee breaches any of the promise's, 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,
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charts, - graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency,
become Agency' s property and,; together with all information,
data, reports, records, maps, and, other materials (if any)
provided . to Grantee by Agency, shall be delivered and
surrendered to Agency on or before the effective date of
termination.
4 . Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned prior
to the effective date of termination. Agency shall determine
the amount of work satisfactorily completed and the amount of
compensation satisfactorily earned. ' IIf 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 .
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0. WAIVER.
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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
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account of any violation of any promise,. .term or condition of
this Contract shall constitute or be construed in.. any manner as
a waiver of the •promise, term Or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES;' GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days', shall be
decided by the Attorney General, , or the Attorney General' s duly •
designated representative, who shall reduce the decision to •
writing and mail or otherwise furnish a copy of the decision to •
Grantee . The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency's request. The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. Except as
. otherwise provided in this Section, any action to enforce this
Contract or for breach of this Contract shall be brought only in
a State court of competent jurisdiction in Honolulu, Hawaii .
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Q: ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating 'them as exhibits . to
this Contract . Any such exhibit shall be, attached hereto and
thereby incorporated herein.
IN WITNESS WHEREOF,. the parties hereto have executed
this Contract
DEPARTMENT OF THE ATTORNEY GENERAL'
STATE OF HAWAII , ("AGENCY")
APPROVED AS TO FORM
By
Deputy Attorney General, State of Hawaii
Print' Name David M. Louie
, Its Attorney General
Date
APPROVED AS TO FORM AND HAWAII ..POLICE DEPARTMENT
LEGALITY. COUNTY OF .HAWAII ("GRANTEE".)
By By
Print Name Print Name
Title Deputy Corporation counsel • Title Managing Director
Date Date
APPROVAL :RECOMMENDED
By
Print Name Harry S Kubojiri
Title Chief of Police ' ' '
Dates
2 2 (rev. 12/2013j
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A. PROJECT TITLE: SANE/SART Training,
B. APPLICANT AGENCY: Hawaii Police Department
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: ® Yes ❑ No DUNS No. 613154335
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 349 Kapiolani Street City Hilo Zip 96720
PRIMARY PLACE OF
F. PERFORMANCE: City Hilo State HI . Zip+4 digits 96720-3912
G. PROJECT PERIOD: From April 1.2014 To March 31,2015
H. AUTHORIZED PURPOSE AREA: Law Enforcement Programs
I. PRIORITY AREA: Improving forensic science capabilities
J. TYPE OF APPLICATION: New /1 Continuation ❑
K. TOTAL PROJECT AMOUNT: $ 24,946
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ❑ No ® If yes,then provide name of
source and the amount of funds that is being sought: Source Amount$
M. 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
N. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant IV,Finance
Address: 349 Kapiolani Street,Hilo,HI 96720
Telephone: 808-961-2273 Fax: 808-961-2390
E-Mail: nishii @co.hawaii.hi.us
FOR CPJAD USE
Date received: Project Number: 12-DJ-46
EXHIBIT A
AG/CPJAD#1 (Rev 07/01/2013)
APPLICATION FOR FY 2012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART II. DESCRIPTION OF PROJECT
A. THE PROBLEM
The Island of Hawaii currently has three certified Sex Assault Nurse Examiners (SANE)to
perform sexual assault forensic exams on victims of sexual assault. One nurse is on the Hilo
side of the island and the other two nurses are on the Kona side of the island. Two of the
nurses have full time jobs, which means,that their availability to respond to Sex Assault
Forensic Exams (SAFE) call-outs is limited. With only three SANE'S to cover the Big
Island of Hawaii on a limited basis,the efficiency of the Hawaii Police Department to recover
forensic evidence in a timely manner is reduced.
SANE training requires a minimum of nine days of didactic training, subsequent clinical
experience and a minimum of 40 hours of preceptorship activities with members of the
Sexual Assault Response Team (SART) collaborating agencies. The process, due to a lack of
quantity of cases has been longer than 12 months resulting in a SANE candidate not able to
complete the preceptorship and consequently not available for call outs.
The implications to not having available, qualified, on-call SANEs are numerous:
1. Lack of coordinated care for the victim.
2. Extensive waits for a Sexual Assault Forensic Exam(SAFE)while SA NEs are called to
determine availability.
3. Compromising the evidence collected, especially if the report is made nearing the post
assault time of 72 hours.
4. Potential for the victim and/or family to refuse to wait and a loss of evidence completely.
The services of trained, experience SANE practitioners help to preserve the victim's dignity
and enhance medical evidence collection for better prosecution.
Problem 2: Since the departure of the HPD SANE Coordinator in 2010,there have been no
significant trainings made available for detectives, first to respond officers and other
members of the SART with regards to Sexual Assault Response and SANE training. The
implication of a lack of available training results in:
1. Lack of understanding for each SART member's role by other team members:
2. New recruits and members of the SART are not trained to respond according to SART
guidelines.
3. Reduced care coordination for victims.
4. Potential for compromised evidence collection and therefore,
5. Potential for reduced convictions.
AG/CPJAD#1(b) (Rev 07/01/2013) Page 1 of 12
In order to meet the needs of the victim and to provide seamless response to victims of sexual
assault and to provide services that will enhance bringing justice to the victims, the Hawaii
Police Department is asking for financial support in the following areas:
• SAFE Training for a minimum of 6 nurses on the Island of Hawaii and extended to the
islands of Maui and Kauai who also utilize SANEs in gathering forensic evidence.
• SAFE/SART Training for members of the SART team.
B. GOALS AND OBJECTIVES
The project goal is to provide the necessary care to the victims that protects the sexual assault
victim from further harm, and to provide timely,thorough, and professional forensic evidence
collection, documentation, and preservation of evidence. The project objectives are as
follows:
1. A SANE training will be offered to assist in Registered Nurses to become certified in
performing SAFE exams. The training will include didactic training and clinical training.
This training will utilize on-line courses by approved International Association of
Forensic Nurses, followed by a one-day Multi-Disciplinary Team Conference for
members of the entire SART.
• Six nurses from the island of Hawaii will receive Adult and Pediatric Didactic
Training by participating in the proposed online didactic training.
2. All SANE trainees will be offered access to clinical hours through the use of professional
patients and under the review of a certified SANE or physicians who perform SAFE
exams, utilizing the State of Hawaii Medical-Legal Forensic Examination Protocols,
decreasing the length of time from training to performing SAFEs.
• Six nurses from the island of Hawaii will achieve 50%of the required clinical hours
by participating in planned clinical examinations in Honolulu or through the use of
professional patients.10 SART members will receive training in SANE/SART by
attending all of or portions of the proposed training. The remaining 50%will be
through shadowing and working with current SANEs on the island.
3. Multi-Disciplinary training will be offered and provided to members of the SART. This
will include Hawaii Police Department Detectives, Hawaii Police Department Patrol,
Sexual Assault Support Services Advocates and Therapists, Members of the Interagency
Committees of the Children's Justice Center, Office of the Prosecuting Attorney,Victims
Assistance Unit,,SANEs and Child Welfare Services. The training will also be made
available to potential SANE recruits.
• Ten members of the SART will receive training in SANE/SART through the
attendance of the entire or portion of the proposed training.
AG/CPJAD#1(b) (Rev 07/01/2013) Page 2 of 12
C. PROJECT ACTIVITIES
1. The Hawaii Police Department will contract with a community provider to set up a SANE
training utilizing certified,professional trainers.
The curriculum will follow the International Association of Forensic Nurses certification
curriculum and the State of Hawaii Medical-Legal Forensic Examination Protocols.
For adult didactic training:
Prospecitive SANEs will be enrolled in an on-line adult SANE training program currently
instructed by Kathy Bell, a nationally approved SANE trainer. The coursework is to be
completed within 12 weeks.
Once the nurse had completed a module 13 of didactic training, they will be called out to
observe SANEs in Hawaii County. If there are insufficient call outs, arrangements for
either the nurses to fly to Oahu to observe cases or bring over professional patients to
practice on will be made. These activities will be covered by the current VAWA grant
that is earmarked for training.
Once the nurse has completed Module 13 of didactic training, they will be provided with
the preceptorship guidelines and efforts will be made to coordinate times for visiting the
various SART partner agencies. Specific objectives will be outlined that are to be
covered in the site visits and all partner agencies will sign off on the preceptorship guide.
The SANE prospective will be offered a membership into International Association of
Forensic Nurses and encouraged to utilize their website and resources for best practices,
webinars and journals as a resource for additional education.
Curriculum topics to be covered will include, but not limited to:
Adult/Adolescent Didactic Content
I. Multidisciplinary Team Concept
a. Team approach—roles and boundaries
i. Advocacy
1). Patient perspective
ii. Law enforcement
iii. Sexual Assault Nurse Examiner
iv. Forensic scientist
v. Attorneys
vi. Team approach to include other professional affiliates
AG/CPJAD#1(b) (Rev 07/01/2013) Page 3 of 12
II. Forensic Nursing
a. History of forensic nursing
b. Roles within forensic nursing
c. IAFN
d. Professional nursing organizations
i. Local and global
III. Roles and Responsibilities of the Adult/Adolescent SANE
a. Local rules and regulations and jurisdictional nursing practice guidelines
b. Documents
c. Community education, awareness,,and prevention
d. Courtroom testimony
e. Professional and ethical conduct
f. Interprofessional relationships
g. Evidence-based SANE practice
IV. Dynamics of Adult/Adolescent Sexual Assault
a. Statistics
b. Victimology
i. Myths and realities
ii. Psychological reactions
1). Rape.Trama Syndrome
2). Post Traumatic Stress Disorder
3). Acute Stress Disorder
4). Other
iii. Issues related to non-reporting and silent survivors
iv. Gender and age difference in reactions to sexual assault
c. Offender characteristics
V. Adult/Adolescent Sexual Assault Medical/Forensic Examination
a. Communication skills
b. Informed consent
c. History
i. Health history
ii. History of event or suspicion
iii. Others present during the history of the reported event(s)
d:' Psychosocial assessment
i. Crisis intervention for acute presentation
ii. Suicide and safety assessment and planning
iii. Referrals
AG/CPJAD#1(b) (Rev 07/01/2013) Page 4 of 12
e. Physical assessment
i. Anatomy and physiology
ii. Sexual maturation assessment
iii. Identification of findings
1). Injury/trauma
2). Normal variations
3). Disease process
f. Detailed anogenital evaluation
i. Identification of pertinent genital/anal anatomy,physiology, and normal
anatomical variations
ii. Identification of genital/anal findings associated with trauma and/or
related medical findings
iii. Evaluation techniques
g. Physical evidence collection
i. Application of forensic science standards
1). Identification, collection,and preservation of evidence
2). Chain of custody procedures
ii. Local recommendations and guidelines
iii. Critical thinking and decision making
h. Assistive techniques and equipment
i. Speculum
ii. Alternate light source
iii. Toluidine blue dye
iv. Foley catheter technique
v. Colposcope/digital imagery
vi. Image management
i. Photographic documentation
j. Documentation
i. History
ii. Findings and interventions
1). Injury/trauma
2). Normal variations
3). Disease process
4). Use of diagrams
5). Physical evidence
6). Photo documentation
7). Maintenance and release of records
VI. Evidence Evaluation-Role of the Forensic Scientist
a. Evidence processing and analysis
b. DNA identification and impact
AG/CPJAD#1(b) (Rev 07/01/2013) Page 5 of 12
VII. Nursing Management
a. Diagnosis and plan of care
b. Findings and interventions
i. Injury/trauma
ii. Normal variations
iii. Disease process
c. Special and underserved populations
d. Cultural competency issues
e. Sexually transmitted infections, including, but not limited to: Human
Immunodeficiency Virus, Hepatitis, Chlamydia, Gonorrhea, herpes,
Trichomonas, Syphilis and Human Papilloma Virus
i. Pre-existing
ii. Screening options
1). Local recommendations
f. Pregnancy exposure
i. Pre-existing
ii. Prophylaxis
g. Drug facilitated sexual assault
i. Risk assessment
ii. Collection methods
iii. testing options
h. Discharge instructions
i. Referrals
ii. Safety plan assessment
iii. Follow-up
iv. Crime victim compensation/reimbursement options
i. Suspect evaluations
i. Consent
ii. Search want
VIII. Criminal Justice System
a. Overview
i. Sexual assault another related laws/acts
ii.. Evidence collection
iii. Testimony
b. Roles
i. Criminal justice process
ii. Courtroom personnel
iii. Prosecution
iv. Defense.
c. SANE testimony
i. Personal presentation
ii. Credential presentation
iii. Pretrial preparation
iv. Testimony types
AG/CPJAD#1(b) (Rev 07/01/2013) Page 6 of 12
d. Admissibility of evidence
i. Hearsay
ii. Search and seizure
iii. Others
IX. Ethics
a. Individual values
b. Code of ethics
c. Confidentiality
d. Informed consent and refusal
e. Release of information
X. Evaluation
Pediatric Didactic Content
Prospecitive SANEs will be enrolled in an on-line pediatric SANE training
program currently instructed by Diana Faugno, a nationally approved SANE
trainer. The coursework is to be completed within six weeks.
Once the nurse is enrolled in the pediatric SANE training,they will be called out
to observe SANEs in Hawaii County. If there are insufficient call outs,
arrangements for either the nurses to fly to Oahu to observe pediatric. These
activities will be covered by the current VAWA grant that is earmarked for
training.
Once the nurse has completed the didactic training,they will be provided with the
preceptorship guidelines and efforts will be made to coordinate times for visiting
the various SART partner agencies. Specific objectives will be outlined that are
to be covered in the site visits and all partner agencies will sign off on the
preceptorship guide.
XI. Multidisciplinary Team Concept
a. Advocacy
b. Law enforcement
c. Sexual Assault Nurse Examiner
d. Healthcare professionals
e. Judicial system
f. Social service/community agencies
g. Child advocacy centers
h. Forensic scientist
XII. Forensic Nursing
a. History of forensic nursing
b. Roles within forensic nursing
AG/CPJAD#1(b) (Rev 07/01/2013) Page 7 of 12
c. IAFN
d. Professional nursing organizations
i. Local and global
XIII. Roles and Responsibilities of the Pediatric SANE
a. Collaboration
b. Report suspected maltreatment as mandated
i. Confidentiality
c. Consent for treatment
i. Obtaining parental/caregiver/guardian consent
ii. Acquiring patient consent
iii. Applicable laws regarding evaluation and treatment without parental
consent
d. Judicial responsibilities
i. Criminal court
ii. Civil court
iii. Family court
e. Interprofessional relationships
f. Community education, awareness, and prevention
g. Local rules and regulations and jurisdictional nursing practice guidelines
h. SANE documents
i. Forensic Nurse Scope and Standards of Practice
ii. SANE Standards of Practice
i. Professional and ethical conduct
j. Evidence-based SANE practice
XIV. Child Maltreatment
a. Historical perspective
b. Landmark cases
c. Types of maltreatment
XV. Dynamics of Pediatric Sexual Assault/Abuse
a. Prevalence
b. Myths and realities
c. Child and family at risk
d. Dynamics and characteristics of the offender
e. Child behavioral/psychological responses to sexual abuse
f. Variations of family response to child sexual abuse
XVI. Pediatric Sexual Assault/Abuse Medical/Forensic Examination
a. Assessment for developmentally appropriate communication skills and
techniques
i. Cognitive development
ii. Linguistic development
AG/CPJAD#1(b).(Rev 07/01/2013) Page 8 of 12
b. History
i. Health history, including immunizations status
ii. History of event or suspicion
1). Patient
2). Family/Caregive/Guardian
c. Psychosocial assessment
i. Crisis intervention for acute presentation
ii. Behavioral and psychological implications of long-term abuse
1). Prepubescent patient
2). Adolescent patient
iii. Suicide and safety assessment and planning
iv. Guidance to family/caregiver
v. Referrals
d. Physical assessment
i. Growth and development
ii. Head to toe evaluation
iii. Sexual maturation assessment
iv. Identification of findings
1). Injury/trauma
2). Normal variations
3). Disease process
e. Detailed pediatric anogenital evaluation
i. Genital/anal anatomy
ii. Normal genital variations
1). Prepubescent
2). Adolescent
iii. Hymenal morphology
iv. Identification of genital/anal findings
1). Injury/trauma on acute presentation
2). Changes associated with long-term sexual maltreatment
a). Prepubescent
b). Adolescent
c). Conditions misinterpreted for sexual assault/abuse
3). Examination methods and positions
a). Supine separation
b). Supine traction
c). Prone knee-chest
4). Assistive techniques and equipment—delineate use based on sexual
maturation,where appropriate
a). Alternate light source
b). Toluidine blue dye
c). Colposcope/digital photography
d). Image management
e). Speculum(post-pubescent patient only)
f). Foley catheter technique
AG/CPJAD#1(b) (Rev 07/01/2013) Page 9 of 12
g). Water flushing
h). Cotton-tipped applicator
f. Physical evidence collection
i. Application of forensic science standards
1. Special techniques for evidence collection in prepubescent children
2. Identification, collection, and preservation of evidence
3. Chain of custody procedures
ii. Local recommendations and guidelines
g. Documentation
i. History
ii. Findings and interventions
1. Injury/trauma
2. Normal variations
3. ' Disease process
iii. Use of diagrams
iv. Physical evidence
v. Photo documentation
vi. Maintenance and release of records
h. Critical thinking and decision making
XVII. Evidence Evaluation—role of the Forensic Scientist
a. Evidence processing and analysis
b. DNA identification and impact
XVIII. Criminal Justice System
a. Laws
i. Child sexual assault/abuse
ii. Rape
Age of consent
b. SANE Testimony
i. Personal appearance
ii. Credential presentation
iii. Pretrial preparation
c. Admissibility of evidence
i. Hearsay
ii. Search and seizure
iii. Others
d. Roles
i. ` Courtroom personnel
ii. Prosecution/plaintiff strategy,
iii. Defense strategy
e. Ethics
is Individual values
ii. Code of ethics
iii. Confidentiality
AG/CPJAD#1(b) (Rev 07/01/2013) Page 10 of 12
iv. Informed consent and refusal
v. Release of information
f. Evaluation
2. SANEs will be offered opportunities to utilize professional patients to garner clinical hours
required for certification. Through Sex Abuse Treatment Center(SATC), the SANEs will
travel to Honolulu to perform clinical hours either with professional patients or during
scheduled clinical exams. The exams will be done under the review of a certified SANE or
physician who performs SAFEs. At the same time,the prospective SANEs will be called out
on Island SAFEs to obtain first hand knowledge of the procedures and clinical processes.
Utilizing both methods for obtaining clinical hours will facilitate a quicker turnaround for the
preceptorship and put more qualified SANEs on the calendar.
3. The training will be broken up in such a way that members of the SART team may attend all or
parts of the training. The training will be made available to the entire island of Hawaii and will
also be opened to other islands that utilize SANEs. Different partners will be asked to present
information about their agency,their role on the SART and discuss the processes they go through
related to a sexual assault victim. Partner agencies will be also invited to send members of their
organization to parts of and/or all of the training. These partners will also be involved with the
preceptorship portion of the SANEs training thus building a partnership with the SANE,
collaboration with other partnering agencies and facilitating better understanding of the roles and
relationships within the SART.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be Lieutenant Gilbert Gaspar of the Juvenile Aid Section(JAS),Area
II. The Hawaii Police Department will subcontract and partner with a community agency, to
organize and provide the training. Lt.Gaspar will work with the the selected contractor to ensure
that the SAFE Program is implemented. Lt. Gaspar will report to Captain Chad Basque of the
Criminal Investigations Division, Area II.
E. PERSONNEL
Lt. Gaspar will spend approximately four hours per month as the Project Director.
F. BRIEF PERSONNEL BIOGRAPHIES
Lieutenant Gilbert Gaspar has been with the HPD for 31 years and has served in the JAS for 3.5
years. Captain Chad Basque has been with the HPD for 23 years and has served in the CID for 4
years. Resumes are available upon request.
AG/CPJAD#1(b) (Rev 07/01/2013) Page 11 of 12
G. PARTICIPATING AGENCIES
The certified SAFE nurses will work cooperatively and collaboratively with agencies and other
community service providers. The Agencies involved with the SAFE and HPD are YWCA
Sexual Assault Support Services (SASS), Big Island Coalition Against Physical and Sexual
Assault(BICAPSA),Children's Justice Center(CJC)of East and West Hawaii,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,and Kapiolani Children's Hospital. The listed agencies have requested
the assistance of the Hawaii Police Department and the SAFEs.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Outputs:
The number of SAFE exams performed by a certified SANE.
The number of current SANEs who received training.
The number of new SANE candidates recruited and hired.
The number of SANE candidates who received 40 hours of didactic training.
The number of SANE candidates certified to practice.
The Edward Byrne Memorial Justice Assistance Grant(JAG) Performance Measures:
The Edward Byrne Memorial Justice Assistance Grant (JAG)requires grantees to report on
specific Performance Measures for project activities. Refer to
https://www.bjaperformancetools.org/help/JAGMeasuresQuestionnaire.pdf,to locate the
performance measures to be reported on for Law Enforcement,this project's Authorized
purpose area.
I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
The Hawaii Police Department's SAFE/SANE Program will continue to provide highly
qualified and responsive medical and forensic services to victims of sex assault, enhance
working collaborations with the county's Sex Assault Response Team, improve sex crimes
investigations, and dramatically increase the probability of successful prosecution.
AG/CPJAD#1(b) (Rev 07/01/2013) Page 12 of 12
APPLICATION FOR FY 2012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT I I AMOUNT
A. Salaries and Wages
No. of
Position Title Positions Monthly.rate Subtotal
$ $
$. $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
Total Salaries and Wages $
B. Fringe Benefits Employee Benefits @
No. of
Position Title. Positions Monthly Rate Subtotal
$ $
$ $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
Community Provider $24,946 ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
Total Consultants/Contracts $24,946
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No. of
airfare,ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
$ $
$ $
Total Transportation and Subsistence $
AG/CPJAD#1(b) (Rev 07/01/13),
COST ELEMENT AMOUNT
E. Office Supplies
Itemize supplies and related costs such Cost by Unit
as printing,paper,binders,etc. Quantity Subtotal
$ $
$ $
Total Office.Supplies $
F. Equipment
Specify equipment that will be
purchased,leased,or rented. Quantity Cost by Unit Subtotal
$ $
$ $
Total Equipment $
G. Other Costs Quantity Cost by Unit Subtotal
$ $
$ $
Total Other Costs $
TOTAL PROJECT COSTS $24,946
AG/CPJAD#1(b) (Rev 07101/13)
BUDGET EXPLANATION:
A. Salaries and Wages
B. Fringe Benefits
The composite fringe benefit rate is at % for (list positions). The rate consists of
the following fringe benefit items and computed rates:
C. Consultants/Contracts
The Hawaii Police Department will contract with a community provider to provide SART
training and services related to SANE and SAFE exams. Funds contracted to the provider
under this grant will cover the following costs:
• SANE nurse online training
- $1,300/nurse for adult/pediatric training
$140 Membership to IAFN
• Personnel time dedicated to the grant
• Interisland travel expenses-Clinicals (trips from Hilo to Honolulu for nurses)
Airfare (approximately $220/round trip)
- Ground transportation (approximately$60/trip)
Per Diem($20/trip)
• Professional patient services ($75/hour; up to for hours per visit)
• Training room rental
• Conference materials and supplies, including printing
• Other miscellaneous costs
D. Transportation and Subsistence
E. Office Supplies
F. Equipment
G. Other Costs
AG/CPJAD#1(b) (Rev 07/01/2013) Page 1
PART IV. ATTACHMENTS
(Certifications)
A. Acceptance of Conditions (AG/CPJAD#14)
B. Acceptance of JAG Special Conditions (AG/CPJAD#26)
C. Certification of Non-Supplanting (AG/CPJAD#3)
D. Certification of Non-Discrimination(AG/CPJAD#15)
E. Certification of Equal Employment Opportunity Program (EEOP)
(OCR form; Expiration date: 12/31/2012)
F. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
(OJP 4061/1)
G. Certification Regarding Lobbying(AG/CPJAD #22)
H. Certification of Non-Discrimination Complaint Procedures (AG/CPJAD#30)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF JAG SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. Grantee shall comply with all reporting, data collection and evaluation requirements, as
prescribed by law and detailed by the BJA in program guidance for the Justice Assistance
Grant Program.
Grantee shall,complete BJA-required report on-line using the Performance Measurement
Tool (PMT). The on-line reporting system will require a username and password to log
on. The username and password will be provided by CPJAD after the contract is
executed. The PMT web address is https://www.bjaperforrnancetools.org
The BJA reporting periods and due dates are:
• July 1 —September 30 Due: October 15
• October 1 - December 31 Due: January 15
• January 1 - March 31 Due: April 15
▪ April 1 June 30 Due: July 15
2. Grantee shall submit a progress report 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.
3. Grantee shall also submit the JAG Performance Annual Report Narrative, Form
AG/CPJAD #29. The report is due on October 15 of each year for the federal reporting
period October 1 to September 30.
4. 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
AG/CPJAD#26 FY 2011 and FY 2012 JAG Special Conditions(revised 11/2012) 1
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.
5. 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:
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.
6. Federal Leadership on Reducing.Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1,2009),the CPJAD encourages Grantees
and Sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by this grant, and
to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
7. Training(s)/Conference(s) Compliance
Grantee agrees to comply,with all applicable laws, regulations,policies, and guidance
(including specific cost limits,prior approval and reporting requirements,where
applicable) governing the use of federal funds for expenses related to conferences,
meetings, trainings, and other events.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OJP Training
AG/CPJAD#26 FY 2011 and FY 2012 JAG Special Conditions(revised 11/2012) 2
Guiding Principles for Grantees and Sub-grantees, available at
http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm
8. Information Technology Compliance
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for
law enforcement information sharing systems which involve interstate connectivity
between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the
Grantee can demonstrate to the satisfaction of BJA that this requirement would not be
cost effective or would impair the functionality of an existing or proposed IT system.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD#26 FY 2011 and FY 2012 JAG Special Conditions(revised 11/2012) 3
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: Hawaii Police Department
AG/CPJAD#15 (revised 10/2011)
CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department,349 Kapiolani Street, Hilo, Hawaii 96720
Grant Title: SANE/SART Training Grant Number: 12-DJ-06 Award Amount: $24,946
Contact Person Name and Title: Lt.Gilbert Gaspar 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 EEO?,but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement,must complete Section B
below. A recipient should complete either Section A or Section B,not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant,ensuring that any EEOP recipient certifies as completed and on file(if applicable)has been
prepared within two years of the latest grant. Please send the completed form(s)to the Office for Civil Rights,Office of Justice Programs,
U.S.Department of Justice, 810 7`11 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,
D 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, [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,has formulated an
EEOP in accordance with 28 CFR§42.301,et seq.,subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights,Office of
Justice Programs,U. S.Department of Justice,as required by relevant laws and regulations.
Print or type Name and Title Signature Date
OMB Approval No. 1121-0140 Expiration Date:12/31/12
tNr`. U.S. DEPARTMENT OF JUSTICE
4r,� 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 670 Section 07.511 Participants'responsibilities.The regulations were published
as Part Vii of the May 25,1988 Federal Register(pages 1518018211).
(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.
(24 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, HI 96720
Address of Organization
OJP FORM 408111(REV.218)Panama Whims are obsolols.
instructions for Certification
i. By signing and submitting tide 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," de
!n," "debarred,">aured," "smiapended,"► "Ineligible," "lower.flat covered
transaction,• "participant," "Person," "Primary covered transaction," "principal," "proposal." and
"voluntarily excluded,"as used in this clause,have the meanings set out In the Definitions and Coverage
sections of rules implementing Executive Order 12549..
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed
covered transaction be entered into, It shall not knowingly enter into any lower tier covered transaction
with a person who Is debarred,suspended,declared ineligible,or voluntarily excluded from participation
in this covered transaction,unless authorized by the department or agency with which this'transactton
originated.
6. The prospective lower tier participant further tees
ail 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.
T. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it Is not debarred,suspended,ineligible,or voluntarily excluded from
the covered transaction,unless it knows that the certification is erroneous.A
method and participant may decide the
frequency by which It determines the eligibility of its principals.Each participant may check
the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to tequu i require establishment nn t 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 normal!
person in the ordinary course of business dealings. normally possessed by a prudent
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 Government, the department or agency with which this
transaction originated may ay pursue available remedies, Including suspension andlar debarment.
•
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 Hawaii Police Department (name of agency)
has non-discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing 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