HomeMy WebLinkAboutRES 056 Draft 01 2014-2016COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 56 15
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT
OF THE ATTORNEY GENERAL PURSUANT TO HRS 46-7, FOR A
WRONGFUL CONVICTION DEMONSTRATION PROJECT GRANT TO
THE HAWAII COUNTY POLICE DEPARTMENT
WHEREAS, the State of Hawai'i Department of the Attorney General's Crime
Prevention and Justice Assistance Division has authorized federally derived funding
towards the Hawai'i County Police Department's Wrongful Conviction Demonstration
project; and
WHEREAS, the funds from this grant will be used to purchase recording
equipment and related technology to record custodial interrogations of individuals by
law enforcement personnel; and
WHEREAS, Hawai'i 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, Hawai'i Revised Statutes, that the Mayor of the County of
Hawai'i 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 U. S.
Department of Justice to enable the County to receive funding for the Wrongful Conviction
Demonstration project.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawai'i
shall transmit copies of this resolution to the Office of the Mayor, and to the Finance and
Police Departments.
Dated at Hilo , Hawai'i, this 4th day of February , 2C15 .
INTRODUCED BY:
A
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
1 hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on February 4, 2015
ATTEST:
COUNTY CLERK
ROIL, CAI.I. VOTF.
Reference:
C-89/Waived FC
CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. SG 10
AYES
NOES ABS EX
CHUNG
X
DAVID
X
EOFF
X
ILAGAN
X
KANUHA
X
ONISHI
X
PALEKA
X
POINDEXTER
X
WILLE
X
8
0 1 0
Reference:
C-89/Waived FC
CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. SG 10
Exhibit "I"
Project Number 12-DJS-1
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of December 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."
_ WITN-ESSETH
WHEREAS, Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. §§ 3711 et sec.., 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;
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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 accord-a-nce- 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
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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 December 1, 2014 to and including September 30, 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 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 Dr --ug Fre.e-__Wor-kp--la-ce
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
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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
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,
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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- extens-ions,- and that-Grantee---s-h-all --fulfill--an--y- -
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 see. 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 --fis-cal---r-ep-o-rts- must- be- received b-y--Agen-cy--- -- --
within sixty (60) days after the date this Contract terminates
or unless mandated earlier by Agency. Records and financial
accounts shall be retained by the Grantee and shall be
accessible to Agency and the United States Department of Justice
for at least three years after Agency's grant with the Bureau of
Justice Assistance is closed.
11. The final drawdown for funds 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
9 (rev. 12/2013)
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 (30) days
after the date
this Contract
terminates.
If a
certification is
not provided by
Grantee, title to any personal property purchased or acquired
with funds received under this Contract shall vest in Agency and
such personal property shall be delivered to the Agency in good
working order upon expiration or sooner termination of this
Contract.
D. PERSONNEL.
1. Grantee shall secure at its own expense all
personnel required to perform the services required under this
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Contract. All such personnel shall not be considered employees
of, or have any contractual relationship with the State of
Hawaii unless Grantee is otherwise an agency of the State.
2. Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
-- -- event-- Grantee--- ente-rs-- into a---- s-ubcontract -with---a - privat-e - -
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 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 du.e
and owing by the Grantee by reason of the Contract, including
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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 fifty-two
thousand,--- seventy--two—and 00/100--- do-l-lars---($-5-2, 07.2.-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
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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 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
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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)
9
..
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 Contract shall be the subject of an application for
co- ri h -t or patent.- b or --on-- behalf of- Grantee-,---- .it -s- officer -s - -----
py_ g- - p- �� _ _ _ _ - - ,—
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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ZI
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.
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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 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--ter-mi-na-ted-. N-otwithstan-ding termina-tion-- of the- --Go-nt-ract, - --
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. 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
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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
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
Date Date
APPROVAL RECOMMENDED
By
Print Name Harry S. Kubojiri
Title Chief of Police
Date DEI, 15 .u,4
22 (rev. 12/2013)
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: WRONGFUL CONVICTION PROJECT
B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT
SYSTEM FOR AWARD MANAGEMENT (SAM)
C. REGISTRATION: ❑ Yes ❑ No DUNS No. 613-154335
D. APPLICATION RANKING WITHIN AGENCY:
E. ADDRESS: 349 KAPIOLANI STREET
PRIMARY PLACE OF
F. PERFORMANCE:
City HILO
(as determined by agency head)
City HILO Zip 96720
State HI Zip + 4 digits 96720-
G. PROJECT PERIOD: From December L 2014 To September 30, 2015
H. AUTHORIZED PURPOSE AREA: Law Enforcement Pro rams
I. PRIORITY AREA:
J. TYPE OF APPLICATION:
K. TOTAL PROJECT AMOUNT:
Evidence -based initiatives
New ® Continuation ❑
$ 52,072
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: KENNETH A. K. QUIOCHO Title: LIEUTENANT
Address: 349 KAPIOLANI STREET, HILO, HI 96720
Telephone: 808-961-2260 Fax: 808 961-2390
E -Mail: kquiocho@hawaiicounty.gov
N. FINANCIAL OFFICER
Name: JOYCE CABANGO Title: ACOUNTANT IV
Address: 349 KAPIOLANI STREET, HILO, HI 96720
Telephone: 808-961-2273 Fax: 808 961-2390
E -Mail: jcabango@hawaiicounty.gov
FOR CPJAD USE
Date received: Project Number: 12-DJS-1
EXHIBIT A
AG/CPJAD #1 (Rev 07/01/2013)
AG/CPJAD #1(b) (Rev 07/01/2013)
APPLICATION FOR FY 2012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
PART II. DESCRIPTION OF PROJECT
A. THE PROBLEM
The most important presentation in court proceedings to a jury is real time evidence.
Evidence that the Trier of Fact can observe and hear is vital in a criminal proceeding. The
issues that arise are; can law enforcement prove by having policies and procedures in place
that they secure the rights of citizens suspected of a crime? Is there an avenue in place for
examining the standard for interviewing and interrogation of suspects? Is there a method of
ensuring and minimizing the "Wrongful Conviction" via interview or interrogation? Is
equipment made available to personnel so that video capturing of evidence can take place?
Yes, captured video of interview or interrogation evidence not only protects the rights of
citizens and assists to minimize or eliminate wrongful convictions, but also ensures the
integrity of law enforcement, by allowing for a review of the interview or interrogation. It
prevents disputes and creates a fair and legal process for evidence obtained from the suspect
during an interview or interrogation. In addition it provides the Trier of Fact, video captured
evidence that can be utilized in evaluating the statement given by a defendant, thereby
helping to ensure the authenticity of a confession.
In examining the problem regarding "Wrongful Conviction", there are several issues that
could be-minimized-utilizingvideo--capturing-equipm-ent
• Minimize non -captured video of interviews and interrogations by having more equipment
available to personnel;
1. With the vital role that video capturing plays in the investigation and court
presentation, agencies need to have equipment available to investigators and
uniformed patrol officers, which the Hawaii Police Department does not currently
have available to all personnel;
Minimize officer's safety risks in the transport of suspects from one location to another
for interview or interrogation by having mobile equipment that can be set up and utilized
in cellblock areas;
2. Having equipment that is portable so that on-site video evidence can be captured
while working in other remote areas not set up for video capturing or interviews or
interrogations.
• Closer examination of the real time interviews or interrogations tactics for minimizing
wrongful convictions for training recommendations;
AG/CPJAD #1(b) (Rev 07/01/2013)
Page 1
f
Proper training in interview and interrogation and the role that video equipment plays
in capturing evidence and how the investigator can conduct better interviews and
interrogations. Being able to examine interview and interrogations using video
equipment will allow for better recommendations in training and close scrutiny of the
current methods being used by the police department.
The key component in an investigation is the fact gathering process. Interview and
Interrogation has always had variables that the investigator must be cognizant of and deal
with. When conducting an interview and/or interrogation the laws, tactics used 1jY
investigators and court rulings may come into question. Responses are evaluated and
constantly scrutinized. Furthermore, captured video has also played an important role in the
investigation, court process and appeals process. Video capturing of interviews and
interrogations of suspects and officer(s) are vital. There are experiences and examples in
which the interaction between the investigator and suspect come into question. Video
captured evidence will help clear up this issue.
Hawaii County is geographically large in comparison to the other islands, and -has a dense
population that spreads out on a large island. As an example the district of Puna (13 00 km),
one of the nine districts within Hawaii County is slightly smaller than the entire island of
Kauai which is approximately 1456 km.
Currently the Hawaii Police Department has approximately 500 sworn officesr,vorking
within eight districts. Of the eight, Kona and Hilo currently have Criminal Investigations
Divisions (CID) that specialize in specific crimes against person, property, white collar, sex
assaults and domestic violence, drug activity and drug distribution.
Each of the eight districts has a uniform patrol division, whose primary function is the
preliminary investigation of all crime (felonies and misdemeanors). Video capturing
equipment is primarily placed within the Hilo and Kona districts where the criminal
investigations division is located. Though these two locations have the equipment available,
it is not available on a 24 -hours basis to all law enforcement personnel.
Law enforcement officers work inside or outside of these two main districts. Officers are not
always able to leave their area of responsibility to conduct video captured interviews or
interrogations. As a result the interviews or interrogations are done without video capturing.
Sometimes the interviews or interrogations are without video capturing and then the suspect
is later interviewed or interrogated again utilizing video capturing, which calls into question
tactics used prior to the video, prevents unique capturing of the video evidence in real time
and makes utilizing any video captured evidence difficult, if not impossible to present in
court.
During the year of 2012 -to 2013 the Hawaii Police Department, CID, which includes Area I
and Area 11 (Hilo and Kona) investigated 4,494 total cases. These do not include 10 murder
cases and 5 attempted murder cases.
AG/CPJAD #1(b) (Rev 07/01/2013) Page 2
The cases investigated by CID included 789 burglary related cases, 727 thefts, 597 financial
crime cases, the total number of cases includes domestic violence and sex assault cases and
321 serious juvenile crime cases.
In 2012 — 2013, Vice Section officers conducted 1,861 drug investigations resulting in 664
arrests and 2,335 charges.
In addition, Vice officers recovered the following illegal drugs:
• More than 12.21 pounds of crystal methamphetamine (plus an additional 18 pounds -in a
joint operation with the FBI)
• 32,768 marijuana plants
• 170.21 pounds of dried marijuana
• 11.74 ounces of hashish
• 5.9 ounces of heroin 47.65 ounces of cocaine hundreds of prescription pills
Not all of these cases had video interrogation evidence collected because of two main factors:
1. Availability of the equipment
2. Time it would take to travel from the location of the incident or district where it occurred
to either Hilo or Kona to get to the equipment to video the interview or interrogation.
The amount of crime continues to have high levels and low levels. From 2003 to 2013 in
Hawaii County the -total -index of crime occurring was as follows:
Total Index Crime Rate, Hawaii County, 2003-2012
2003-4,561
2004-3,909
2005-5,030
2006-3,949
2007-3,680
2008-3,376
2009-3,535
2010-3,055
2011-2,780
2012-3,066
Rate per 100,000 Population
*Current Population in Hawaii County is approximately 180,000
Percent of Index Crimes Cleared since 2003
2003-21.2
2004-20.2
2005-17.8
2006-19.0
2007-20.8
AG/CPJAD #1(b) (Rev 07/01/2013) Page 3
I-
2008-22.6
2009-23.1
2010-26.3
2011-26.6
2012-24.8
Index Crimes – Murder, forcible rape, robbery, aggravated assault, burglary, larceny -theft,
motor vehicle theft, and arson. However, due to a different method of counting, arson is not
included in the totals of reported Index Offenses and Index & fart 1I Offenses.
From 2011 to 2012:
• Reported Index Crimes increased 10.3% in rate.
Comparing 2012 to 2003:
-The Index Crime rate declined 32.8%.
In 2012, of the 5,799 Index Offenses reported:
• Property crimes accounted for 92.7% (5,378).
• Violent crimes accounted for 7.3% (421).
Violent Crimes – Murder, forcible rape, robbery, and aggravated assault. From 2011 to 2012:
• The rate of reported violent crimes decreased 15.2%.
Comparing 2012 to 2003:
• The violent crime rate increased 18.0%.
In 2012, of 421 violent crimes reported:
• Aggravated assault accounted for 71.5% (301).
• Robbery accounted for 17.6% (74).
• Forcible rape accounted for 9.7% (41).
• Murder accounted for 1.2% (5).
These numbers represent a total of crime in support of the need for video capturing
equipment for the purpose of recording interview and interrogations of suspects.
The Hawaii Police Department is an accredited agency and as such abides by the standards
set by the Commission on Accreditation for Law Enforcement Agencies (CALEA). CALEA
has a set standard 42.2. 10 that has the following requirements:
42.2. 10 the agency has a written directive governing procedures for both uniformed and non -
uniformed personnel utilizing designated rooms for interviews and interrogation, to include:
A. Weapons control;
B. Security concerns;
C. Number of personnel allowed in the interview room;
D. Means and methods for summoning assistance, if needed;
AG/CPJAD #1(b) (Rev 07/01/2013) Page 4
IPP
E. Equipment or items to be kept in the interview room or area; and
F. Access to restrooms, water, or comfort breaks.
Commentary for standard 42.2. 10 states; For the purpose of this standard, designated rooms
include polygraph rooms, voice stress analyzer rooms, and other rooms where it is likely that
an interview could turn into an interrogation and arrest of a person. The intent of this
standard is to establish safe conditions for the various situations that law enforcement
officers may encounter when conducting interviews or interrogations at -law enforcement
facilities. Occasionally, however, serious conditions unexpectedly develop such as an
apparently cooperative suspect becoming combative. The agency should provide clear
direction for the use of the interview room to ensure safety and the admissibility of any
statements made therein.
Officer safety is also a vitally important issue in any investigation, in particular within the
Hilo District. The cellblock area is located in another building from where the interview or
interrogation room in located. This requires during normal hours for the investigator to take
the suspect from a cell and into the interview room for interrogation. The building is separate
from the cellblock area, and creates a potential danger as the prisoner is taken from one
location to another in order to be questioned and the interview/interrogation videotaped.
During normal business hours because of the presence of additional personnel, this travel
from one location to another may not create a problem, however after hours with the
presence of fewer personnel, it increases the chance of danger to the officer conducting the
interview or interrogation as the potential for escape and attack is present. Having a mobile
—! video system that cari be taken and"seiup in the cellbloc"k area wi113ecreaseTiaving to move
the arrestee to a location where the equipment is kept.
CALEA Standard 42.2.1 is closely connected to the video capturing of evidence related to
interview and interrogation. This standard which requires the use of a written directive states;
Standard 42.2.1, interviews and interrogations, is concerned with techniques to enhance the
development of information relating to a crime.
42.2.1 A written directive establishes steps to be followed in conducting preliminary
investigations, to include:
A. Observing all conditions, events, and remarks;
B. Locating and identifying witnesses;
C. Maintaining and protecting the crime scene and arranging for the collection of evidence;
and
D. Interviewing the complainant, witnesses, and suspects.
These issues could be minimized utilizing video capturing equipment for "Wrongful
Convictions" via interview or interrogation.
AG/CPJAD #1(b) (Rev 07/01/2013)
Page 5
W
B. GOALS AND OBJECTIVES
The overall goal of the project is to reduce or eliminate wrongful convictions of serious
crimes in the County of Hawaii.
The main objectives are to:
1. Expand the Department's capacity to electronically record custodial interrogations and/or
interviews related to felony investigations, certain misdemeanor investigations and
domestic violence cases.
2. Implement a mechanism for tracking the usage of video captured interviews and/or
interrogations.
3. Strengthen the Department's policies and procedures concerning electronic recordings of
interviews and interrogations by adopting and conforming policies with best practices.
The Hawaii Police Department will conform to newly implemented policy that requires
all personnel to utilize video capturing equipment to document interviews and
interrogations when appropriate in felony cases and certain misdemeanor investigations.
4. Conduct annual review of the Departments policies and procedures related to interviews
and interrogations and make recommendations for revisions, as applicable, to the Police
Chief.
5. Provide ongoing assessment and evaluation on the effectiveness of tactics used, by
reviewing at least two interviews or interrogations a month. By the end of the project
period, training recommendations based on the review of interviews and/or interrogations
relating to the project will be completed and made to the Training Committee.
C. PROJECT ACTIVITIES
1. STRATEGY:
Purchase/procure video equipment that can be used by additional personnel in capturing
interview and interrogation evidence in criminal investigations. The equipment will allow
for an increase in the amount of video captured evidence collected by the Patrol Division
and specialized units investigating felony crimes, domestic violence investigations, etc.
Have a policy in place that requires an increase of interview and interrogation video
captured evidence in order to better utilize added equipment in cases that would
otherwise not have video evidence because of the lack of available equipment.
AG/CPJAD #1(b) (Rev 07/01/2013) page 6
w
Update current policy and procedures related to electronic recordings of interviews and
interrogations. At minimal the policy will include:
1. A requirement that the entire interrogation is electronically recorded;
2. A requirement that recording equipment be positioned in such a way as to record the
suspect and the interrogating officer (s) or the interrogating officer(s); and
3. A system for cataloguing and retaining copies of recordings for use in related judicial
proceedings.
Utilize mobile equipment that can be used in remote areas, where equipment is not
readily available or currently is not able for use in interview or interrogations or in
cellblock areas where the movement of an arrestee could create a risk to the officer.
Utilize the purchased equipment to review interviews or interrogations in order to make
recommendations to the Training Committee and Police Chief on training issues related
to interview and interrogation (including improvements to techniques and tactics used)
and future equipment recommendations. Members of the agency that have expertise in
the field of interviewing and interrogations from various training sources will view video
interviews and/or interrogations and make recommendations to the training committee on
training issues related to the review. These recommendations will be utilized in the
formulation of strengthening training and equipment recommendations in efforts to
minimize the wrongful convictions and potential accusation of innocent suspects.
Conduct policy and procedures reviews related to interview and interrogation each year
and make recommendations to the Police Chief or revisions as necessary -
Utilizing the current Records Management System and specialist section managers to
track video interviews being conducted by the specialized sections and the patrol
division. The information obtained will be used to track the use of captured video in
interviews and interrogations. The tracking will be used in preparation for analytical
reports on determining whether or not an increase has occurred due to the availability of
equipment to officers.
2. STAFFING:
There is no increased staffing to this project. The Hawaii Police Department will use
current personnel designated to track and report on the progress. Reports generated as a
result of the project will be made available upon request.
3. TARGET:
All patrol personnel and specialized units that investigate felony crimes and domestic
violence investigations. These specialized units and the patrol division are tasked with
investigating felony and family related crimes and are the frontline and final completion
of these types of cases. Video captured suspect interview and interrogation are vital
aspects of their function.
AG/CPJAD #i(b) (Rev 07/01/2013) Page 7
4. TECHNICAL ASSISTANCE:
Any technical assistance will be facilitated through the vendor that is contracted with
supplying the video equipment. If they are not available then the agency will contract out
to a private vendor for the installation of the purchased equipment. Outside technical
assistance will follow current Hawaii County policy or department rules for procurement.
5. EQUIPMENT:
Accord Interrogation Equipment; Two (2) iRecord Vi Professional systems, Two (2)
iRecord Essential Non -Expandable Kit, (6) covert cameras, Receive -A -Cue wireless
remote Interrogator system, Six (6) covert covered microphones, hardware and user
licenses. Two (2) iRecord Portable recording stations. (See budget explanation for details
of equipment).
6. TIMELINE:
The implementation of the new draft and updates on the policies relating to interview and
interrogation (P.M. 2.2 INTERVIEW AND INTERROGATION, P.M. 42.1.2
PRELIMINARY INVESTIGATION INTERVIEW AND INTERROGATION AND
P.M. 42.2. 10 INTERVIEW ROOMS, P.M. 6.4 CRIMINAL INVESTIGATION AND
INTELLIGENCE) will be completed by December 1, 2014. A yearly review will
commence thereafter.
The equipment will be procured/purchased and in place by at least February 2015.
Equipment once in place will immediately be used and the use documented in a review
every six months.
Training recommendations based on the review of interview and/or interrogations
relating to the project will be completed at least once during the project. The information
and recommendation will be included in the training committee report that is required
semi-annually by General Order 400 Training of Personnel.
*The entire project will be monitored, not to exceed September 30, 2015.
Available Resources: There are no additional resources related to this project. The only
resources to be utilized are the vendors installing and training personnel with the use of
the equipment. All other resources will be from the Hawaii Police Department.
Impact: The basic impact of this project is to minimize "Wrongful Conviction" based on
interview and interrogation utilizing the following points;
* Have available more video capturing equipment for all personnel to utilize increasing
video capturing of interview and interrogations.
AG/CPJAD 41(b) (Rev 07/01/2013) Page 8
* Have in place stronger policies and procedures concerning interview and
interrogation and conduct a yearly review.
* Provide recommendations on training of personnel in interview and interrogation
based on a review of interview or interrogations using purchased equipment.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be the Administrative Lieutenant. The Lieutenant of the Criminal
Investigation Division, Field Operations Area 1 and the Lieutenant of the Patrol Division,
located in the South Kohala District will be tasked with certain aspects of the project. They
will be in charge of collecting data related to the reports in utilizing the equipment.
The Criminal Investigation Lieutenant or their designee will be tasked with formulating a
group for review of the video captured evidence and reporting to the training committee their
findings related to recommendation of training and future equipment needs.
The implementation of the first phase, policy and procedure updates, equipment purchase and
installation and designated leaders will be the responsibility of the Administrative Lieutenant.
The Administrative Lieutenant will be required to obtain approval of all stages of the project
with the Major of the Administrative Services.
E. PERSONNEL
--- The -project will be rnanaged� by Hawaii Police Department personnel; or their designee in
their absence. The Administrative Lieutenant will oversee the project and ensure the
implementation of certain phases and follow up on certain aspects related to the reporting on
use and recommendations.
F. BRIEF PERSONNEL BIOGRAPHIES
The persons selected to work on this project are as follows:
1) Lieutenant Kenneth Quiocho, Police Lieutenant 22 years of service, previous assignments
include patrol officer, traffic enforcement officer, vice/narcotic officer, detective in
criminal investigations, patrol supervisor, training sergeant supervisor,
dispatch/communications lieutenant, and present assignment of accreditation manager
and administrative lieutenant.
2) Lieutenant Gregory Esteban, Police Lieutenant, 29 years of service, previous assignments
include watch commander in South Hilo Patrol, Detective in the Area I Criminal
Investigation Section, and patrol officer in various districts. Presently in charge of Field
Operations, Area 1, Criminal Investigation.
3) Lieutenant Jurgen Canda, Police Lieutenant, 18 years of service as a police officer, 4
years of service in the Communications Section as a dispatcher. Previous assignments
AG/CPJAD #1(b) (Rev 07/01/2013) Page 9
t
have been patrol, detective in criminal investigations, patrol supervisor and currently
patrol lieutenant.
G. PARTICIPATING AGENCIES
There are no participating agencies involved with this project.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Members of the Hawai'i Police Department will be able to improve best practices and
minimize wrongful convictions by increasing the use of video captured recordings of
custodial interviews and/or interrogations. Currently this is not being tracked because of
the unavailability of equipment that can be used by other personnel. With the new
purchases we can increase the number of interviews and interrogations conducted using
equipment for interview and interrogation. An increase of at least 20% will be achieved.
This will be measured by establishing a baseline with any current equipment being used
for interview or interrogations and examine the increase after the installation of the new
equipment and increased availability of equipment. Data collection includes:
• Number of video recording locations implement through this project.
• Number of video recorded custodial interviews and/or interrogations conducted with
current equipment (establishment of baseline).
• Number of video recorded custodial interviews and interrogations conducted after the
installation of the new equipment.
2. Criminal investigations (felonies, domestic violence cases, certain special investigations)
requiring an interview or interrogation will be completed using purchased video
equipment, which did not take place previously due to the lack of available equipment.
• Number of video recorded interviews and/or or interrogations of criminal
investigations by case type (i.e., felonies, domestic violence cases, other, etc.)
3. To assist with recommendations on future equipment purchases and training, a review of
interviews and interrogations captured on video will be completed. Recommendations
will be made to the Training Committee and to the Police Chief on issues related to
interview and interrogations and future equipment purchases. In addition, the report will
also include any updates and recommendations (as applicable) regarding the annual
review of the Departments "Interview and Interrogation" policy and procedures. Data
collection includes:
• Number of video recorded interviews and/or interrogations reviewed each month.
• Completed Training Committee Report.
■ Number of recommendations made related to the project
■ Number of recommendations implemented.
■ Number of policy changes made and description.
AG/CPJAD #1(b) (Rev 07/01/2013) Page 10
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
Captured real time, video evidence used in criminal investigations can improve the overall
process in the criminal courts. The ability to review confessions will increase the legality of
obtaining a confession from suspects. Captured video evidence increases the integrity of the
agency in obtaining confessions. Reviewing videotaped confessions will assist in spotting
training related issues, recommendations and equipment needs for the agency. Increasing the
availability of video equipment for confessions will increase video captured evidence in
confessions.
AG/CPJAD O(b) (Rev 07/01/2013)
Page 11
APPLICATION FOR FY 2012 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT
T AMOUNT
A. Salaries and Wages
Position Title
No. of
Positions
Monthly rate
Subtotal
Position Title
No. of
Positions
Hourly Rate
No. of
Hours Subtotal
$
$
Total Salaries and Wages
I$
B. Fringe Benefits
Employee Benefits 0
Position Title
No. of
Positions
Monthly Rate
Subtotal
Position Title
_._No_. _a f
Positions
Hourly Rate
Hours Subtotal
$
$
$
$
Total Fringe Benefits
$
C. Consultants/Contracts
Scope of
Consultant/Contract
Estimated
Cost
Length of
Consultant/
Contract
Service
Select as Appropriate
$
❑ Consultant ❑ Contract
$
❑ Consultant ❑ Contract
Total Consultants/Contracts
$
COST ELEMENT
I
I
AMOUNT
D. Transportation and Subsistence
Itemize for
mainland/interisland airfare,
ground transportation, rental
car, per diem
No. of
Travelers
as
Unit Cost applicable
No. of
Days
I I Subtotal
$
$
$
$
Total Transportation and Subsistence
$
AG/CPJAD #1(b) (Rev 07/01/13)
E. Office Supplies
Itemize supplies and related
costs such as printing, paper,
binders, etc. Quantity
Cost by
Unit
Subtotal
$
$
$
$
Total Office Supplies
$
F. Equipment
Specify equipment that will be
purchased, leased, or rented. Quantity
Cost by Unit Subtotal
iRecord Professional Syst 2
$2,249 $4,498
Capture Card 2
$235 $470
Winnov Capture Card 2
$1,295 $2,590
Licenses 2
$339 $678
iRecord Non -Ex an Kit 2
$5,995 $11,990
Covert Cameras 6
$245 $1,470
Covert Microphones 6
$285 $1,710
IRecord Hardware 2
$1,920 $3,840
Total
Equipment
$27,246
COST ELEMENT
AMOUNT
G. Other Costs
Quantity
Cost by
Unit
Subtotal
iRecord Portable System
2
$4,915
$9,830
Material cost for
$
$
4 rooms sound proofing
4
$1,500
$6,000
Material Costs,
$
$'
Installation and Training
$8,996
$8,996
Total Other Costs
$24,826
TOTAL PROJECT COSTS $52,072
AG/CPJAD #1(b) (Rev 07/01/13)
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: N/A
C. Consultants/Contracts
D. Transportation and Subsistence
E. Office Supplies
F. Equipment
Purchase of two Record hardware upgrades for Hilo and Kona Criminal Investigations
Division, these two areas include two vice sections, two criminal investigation sections and
two juvenile aid sections that utilize this equipment on a regular basis. Equipment is to
upgrade and enhance the sound and video quality as these two rooms are utilized for all
felony investigations and serious crimes against a person. (Currently as available this
equipment is shared with patrol or other divisions as necessary).
Purchase of two additional iRecord Essential video recording equipment for the districts of
Puna and -South Kohaia: T-hese-tw(ydistricts-are half=way points between Atea land"Area Z--
where the equipment can serve the patrol division and other sections in a neutral area that
will require less travel to utilize the equipment. Equipment is to install in two designated
rooms in each district for use by uniformed patrol officers or in -field interview or
interrogations by specialized units.
Purchase of two Record Mobile software and video capturing equipment to be utilized in
remote areas and cellblock areas as an alternative means to having to transport an arrestee
from one location to another in order to conduct an interview or used in areas that are more
isolated or would make transport of a subject difficult to record an interview or interrogation.
*No warranty or extended warranty is applied to costs.
G. Other Costs
Other costs associated with this project (Material, Installation and Training) include:
❖ Wiring, mounting brackets, additional material for sound proofing and mounting.
❖ Installation includes; consulting on equipment placement for the ultimate sound and
recording; re -wiring of sound devices and cameras, and sound proofing material.
❖ Purchasing additional camera and microphone mounts and assorted hardware.
AG/CPJAD #1(b) (Rev 07/01/2013)
Page 1
•3 Determining camera angles to conform to policy and court rulings and routing of all
components to improve current specifications.
❖ Recording room set-up and construction.
❖ Additional electronic power supplies and back-up supplies to prevent equipment damage
and or failure during a recorded interview.
❖ Utilizing and setting up portable recording system, determining location, angles and
sound capturing devices.
❖ Training costs associated with teaching six to eight personnel about the software
upgrades, troubleshooting, setting up for recording an interview, recommended storage
data and data copying methods and utilizing a portable recording system for interview
and interrogation.
AG/CPJAD #1(b) (Rev 07/01/2013) page 2
PART IV. ATTACHMENTS
(Certifications)
A. Acceptance of Conditions (AG/CPJAD #14)
B. Acceptance of 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)
(OMB Approval No. 1121-0340; Expiration date: 05/31/2014)
F. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
(OJP 4061 /1)
G. Certification of Non -Discrimination Complaint Procedures (AG/CPJAD #30)
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 Drug Control and System
Improvement Formula Grant Program established under Title VI, Subtitle C, Part E, Subpart 1, of the
Anti -Drug Abuse Act of 1988 (Public Law 100-690).
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 VI, Subtitle C, Part E,
Subpart 1, of the Anti -Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fiscal administration of grants under Title VI, Subtitle C, Part E,
Subpart 1, of the Anti -Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions, the application obligations or for non-availability of
funds.
SUBMITTED BY:
Signature: Date:
DEC 151014
Name: Harry S. Kuboliri Title: Chief of Police
Agency: Hawaii Police Department
AG/CPJAD # 14 06/02
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.bjaperformancetools.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
:- Grantee -shall-submit-a-progre -s-report to- thv-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)
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.hotlinegusdoj.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)
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:
DEC 151014
Signature:27*
44Date:
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
V
A. , ,
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON -SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title:
Agency: Hawaii Police Department
AG/CPJAD #3 06/02
DEC 15 W4
Chief of Police
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 sec.)
• 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 sec .)
• 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 sec .)
• 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:
Name: Harry S. Kubojiri
Agency: Hawaii Police Department
AG/CPJAD #15 (revised 10/2011)
Date: DEC 15 2014
Title: Chief of Police
Ilk
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three.
Recipient's Name: Hawaii Police Department DUNS Number: 613154335
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Grant Title: wrongful conviction Grant Number: 12 -DSS -1 Award Amount: $52,072
Name and Title of Contact Person: Lt. Kenneth Quiocho
Tele hone Number: (aoa) 961-2260
E -Mail Address: kquiocho@hawallcounty.gov
Section A -Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply:
❑ Recipient has less than fifty employees. ❑ Recipient is an Indian tribe, ❑ Recipient is a medical institution.
❑ Recipient is a nonprofit organization. ❑ Recipient is an educational 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 CY 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 fifty or more employees and is receiving a single award or subaward of $25, 000 or more, but less than $500, 000, then the
recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):
1._ - - Harry S yKubo j iri [responsible.- official],
certify that Hataaii Police Department [recipient],
which has fifty 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 pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
Hawaii Police D"artment [organization],
S49 TCnpinlani Stieet Hilo- 14T, 2 [address].
Har S. Kubo ' iri Police Chief DEC 15 2.014
Print or Type Name and Title ature Date
Section C—Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for
Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500, 000 or more, then the recipient agency must
send an EEOP Utilization Report to the OCR for review.
I, [responsible official],
certify that [recipient],
which has - fifty or more employees and is receiving a singleaward of $500,000 or more, has formulated an EEOP, in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the
Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
Print or Type Name and Title Signature Date
OMB Approval No. 1121-0340 Expiration Date: 05/31/14
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOR requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements, please consult your grant award document, your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C, not all three.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements, complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or
local government, an agency of state or local government, or a private business; and (2) have fifty or more employees;
and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption
from the submission requirement by completing Section B. In completing Section B, the recipient should note that the
EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one) to the OCR, should complete Section C.
Submission Process :
If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form
for each grant. Recipients should download the online Certification Form, have the appropriate official sign it,
electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOPFonns(@,usdoi.gov. The document must have the following title: EEOP Certification. If you have questions about
completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs,
810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027).
OMB Approval No. 1121-0340 Expiration Date: 05/31/14
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection
of information unless it displays a current valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood, and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the
Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531.
.4 ,, lk '�,
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:
Harry S. Kubojiri
Name
Police Chief
Title
961-2244.
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:
Name: Harry S. Kubojiri
(Head of Agency or Designee)
AG/CPJAD #30 6/2010
Date: DEC 151014
Title: Chief of Police
U.S. DEPARTMENT OF JUSTICE
' OFFICE OF JUSTICE PROGRAMS
OFFICE` OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, ineligibility and Voluntary Exclusion
Lower Tier CoveredTransactions
(Sub-Reciplent)
This certification Is required by the reguiations Implementing Executive Omer 12548, Debarment and
Suspension, 28 CFR Part 87; Section 67.514 Par lotpanW responsibilities. The regulations were published
as Part Vil of the May ?6,1988 Federal Register (pages 191MI9211).
(BEFORE COMPLETING CERTIFICATION, READ` INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither It hor Its
principals are presently debarred, suspended, proposed fardebarrnsn% declared Ineligible, orvoiurltariiy
excluded from participation In thin 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 certlfi•
_ cation,- such- prospeothwpartietpor`t-shalt`—#M*K a"XPl IUM to this proposal.
Harry S. Kubojiri, Chief of Police
Name and T ipe of Authod zed Representative
Signature
Hawaii Police Department
Name of Organization
349 Kapiolani Street, Hilo, HI 96720
Address of Organization
oJP FORM 40111 (RWV. 21891 Pr"lous sdlUona arra obsolete.
DEC 15 2014
Date
Instructions for Certification
1. By signing and submitting this proposal, the prospective tower 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 tler participant foams that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred,"" "suspended," "tneligibie," "lower. tier covered
transaction,"' "particlpani,"" "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 transact on
originated.
& The prospective lower tier participant further agrees by submitting this proposal *that it will Include
the clause tilled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary
Exclusion --Lower Tier Covered Transactions," without modification, In ail lower tier covered
transactions and In all solicitations for lower tier covered transactions,
T. A participant In a covered transaction may rely upon a certincition of a prospective participant In a
lower tier covered transaction that It Is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which It determines the eligibility of Its principals. Each participant may check
the Nonprocurement List
& Nothing contained in the foregoing shall be construed to require establishment of a system of
records In order to render In good faith the certification required by Wa clause. The knowledge and
Information of a participant Is not required to exceed that which Is normally possessed by a prudent
person In the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these Instructions, if a participant In a
covered transaction knowingly enters Into a lower tier covered transaction with a person who Is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, In addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.