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HomeMy WebLinkAboutCOM 0438.000 1998-2000 ZV OF M OJT q~' Stephen K. Yamashiro ~W~{ Harry A. Takahashi L ~ Director Mayor z'. i* RF_C,'!--_' •'._r~ sr 11~~(~tt [p pS.K.Schutte ~rB •oc H~~' FJJ SLI J Itll 9 1~7 D~u`y ~ouutp of ~abuaf f ~ OOU~~1T1' Ci Hr,Wgtl DEPARTMENT OF FINANCE 25 Aupuni Sheet, Room 118 • Hito, Hawaii 96720-4252 (808)961-8234 • Fax (808)961-8298 September 7, 1999 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance appropriating $169,992 for a Sex Crime Units program. Also enclosed is a resolution authorizing the Mayor to enter into an agreement for the grant. The State Department of the Attorney General Crime Prevention and Justice Assistance Division is providing funds to establish a sex crimes unit, which will specialize in investigations of sexual assault against juveniles and adults. If there are any questions, please do not hesitate to call the Hawai i County Police Department. H A. Takahashi arry Director of Finance APPROVED: phen amashiro Mayor Enc. err/ ia~ Res, /5FS-97 N0. '~3 8 File No. FNS/oPR 13ef. Tot FG Ref. Date 1 0 19~ Form B--52 7/18/91 DEPARTMENT OF FINANCE REST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 8/23/99 STAFF CONTACT: -GARY MAESATO,_ BUSINESS MANAGER PHONE: 961-2279_ To create an account entitled "Sex Crime Units" under the following object codes. 454 $1$1,700 480 $10,940 To enter into a contract with tl~e Department of the Attorney, General Crime Prevention & Justice Assistance Division under the Sex Crime Unit. B. BACKGROUND AND JUSTIFICATION jUSE ADDITIONAL SHEETS AS NEEDED The Department of the Attorney General Crime Prevention & Justice Assistance Division is providing a grarrt to improve the quality of investigations into reports of sexual assaults against juveniles and adults. The department will establish a sex crime unit that will exclusively investigate reports of sexual assault. This unit will be provided the necessary training under this grant. SIGNED: L`AItVA DATE: S'-/4-4' POLICE CHIEF BENJAMIN J. CAVETANO i F.Af1L L AN7~ _ , GOVEPNOfl ATTOflNEV GENEflAL 5 Y a ~w.~' STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN BTIIEET HONOUJLU, HAwai 96813 (8081586-1500 Crime Prevention and Justice Assistance Division August 16, 1999 -r ~ b c ~ ~ The Honorable Wayne Carvalho ~ Chief of Police ~ O - County of Hawaii _ 349 Kapiolani Street ~ a ~ Hilo, Hawaii 96720 I'r1 ~ Dear Chief Carvalho: Enclosed are two copies of the contract for Project 99-DB-2, Sex Crimes Unit. After reviewing the contact, please obtain all county signatures as indicated, and return both copies to our office. An original contract will be returned to you for your files after the Attorney General has signed the contract. Please do not fill in the contract date as this will be inserted upon execution of the contract. If you have any questions regarding the contract, please call Julie Okamoto, Criminal Justice Planning Specialist, at 587-7442. Thank you for the continued cooperation received from you and your staff. Sincerely, a~~~ Adrian Kwock Chief of Grants and Planning Branch AK/JO Enclosures (2) Project Number 99-DB-2 ' C O N T R A C T THIS CONTRACT, dated by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and the Hawaii o~n y Pot;ra nPaa,-tmP„t hereinafter called "Grantee". WITNF TH WHEREAS, Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U. S. C. 3711 ~ spa., as amended (hereinafter "Act"), was enacted to make grants to state and local government units to assist them in enforcing state and local laws which establish offenses similar to those established in the Controlled Substances Act, and to improve the functioning of the criminal justice system, with emphases on violent crime and serious offenders, including the following programs: (1) demand reduction education programs in which law enforcement officers participate; (2) multi-jurisdictional task force programs that integrate federal, state and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence and facilitating multi- jurisdictional investigations; (3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories and cannabis cultivations; (4) community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; (5) programs to disrupt illicit commerce in stolen goods and property; (6) programs for improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes and fraud against the government with priority attention to cases involving drug-related official corruption; (7) programs for: (a) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang-related and low-income housing drug control programs; (b) developing and implementing anti-terrorism plans for deep draft ports, international airports and other important facilities; (8) career criminal prosecution programs, including the development of model drug control legislation; (9) financial investigative programs that target the 2 identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training and financial information sharing systems; (10) improving the operational effectiveness of the court process by expanding prosecutorial, defender, and judicial resources and implementing court delay reduction programs; (11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs and long-range corrections and sentencing strategies; (12) programs for providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support to their families and for support of themselves in the institution; (13) programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; (14) programs to provide assistance to jurors and witnesses and assistance (other than compensation) to victims of crime; (15) programs: ' (a) to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case 3 management and monitoring of drug-dependent offenders and enhancement of state and local forensic laboratories; (b) for criminal justice information systems to assist law enforcement, prosecution, courts and corrections organizations (including automated fingerprint .identification systems); (16) innovative programs which demonstrate new and different approaches to enforcement, prosecution and adjudication of drug offenses and other serious crimes; (17) programs addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing; (18) programs for improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse and abuse of the elderly; (19) drug control evaluation programs which state and local units of government may utilize to evaluate programs and projects directed at state drug control activities; (20) programs providing alternatives to prevent detention, jail and prison for persons who pose no danger to the community; (21) programs with the primary goal of strengthening urban enforcement and prosecution efforts targeted at street drug sales; (22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles; 4 (23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year old juveniles in courts with jurisdiction over adults. Certain violent crimes, including murder and felonies committed with firearms, are specified, with reference to 18 U. S. C. § 36; (24) law enforcement and prevention programs that target gangs or youth who are involved with or are at risk of involvement in gangs; (25) programs to develop or improve forensic laboratory capabilities to analyze DNA for identification purposes; and (26) programs to assist states in the litigation processing of death penalty federal habeas corpus petitions. 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 (28 C.F.R. Part 33) or guidelines (Bureau of Justice Assistance, Edward Byrne Memorial State and Local Law Enforcement Assistance.Program Guidance), 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 5 its implementing regulations have been satisfied and that Grantee is capable of using the federal funds requested appropriately; WHEREAS, Grantee has demonstrated the capacity to provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF RV7 G, Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of~ Management and Budget circulars and the effective edition of the Office of Justice Programs' financial manual entitled "Financial Guide." 6 B. TERM OF CONmuArm This Contract shall be in effect for the period from January 1 2nnn to and including mb i, 2000 unless this Contract is sooner terminated as hereinafter provided. C. P.RFO MAN R.OTrR M N AND ONDrTrnuG, 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to Bureau of Justice Assistance, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' financial manual entitled "Financial Guide." 2. 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. 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. 3. 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), hereinafter referred to as the "Drug-Free Workplace Certification". 7 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 and that Grantee shall fulfill the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free Workplace Certification shall subject the State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 4. 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 and that Grantee shall fulfill any and all' terms and conditions set forth therein. 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, S 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 ZV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own books, records, and documents are available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit reports in such form and at such times as Agency or the Bureau of Justice Assistance may require; at minimum, Grantee shall submit quarterly financial reports twenty (20) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained and 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. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local 9 government which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-128. 9. Grantee will comply with the non-discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), and the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R., Part 42, Subparts C, D, E and G, the Americans with Disabilities Act of 1990 42 U.S.C. 12101 et sea., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 10. Grantee assures Agency that if it is required to formulate an Equal Employment Opportunity Program in accordance with 28 C.F.R. 42.301 gt sea. it will submit a certification to Agency that a current program is on.file. 11. Grantee shall ensure that fifty-six thousand. six hundred sixty-four and no/700 do~lars (S56 664 00) are available as matching funds to provide the services under this contract. Grantee shall maintain records which clearly show the l0 source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. D. PERSONNEL. 1. Grantee shall secure at its own expense all personnel required to perform the services required under this Contract. All such personnel shall not be considered employees of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. 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 11 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 one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the subcontractor. All subcontracts shall include provisions to ensure that Grantee is capable of satisfying the requirements of this Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. F. S RVT A 7ND .P .ND NT ONTRAt•mnn 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, 12 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 income, social security, and other federal, state or local taxes that it may be required to pay. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. G. COMPEN.AmrON. 1. Subject to continuing availability of funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed oneone h~~ndr~ sixty-nine thousand, nine hunAroA ninaty ttao and no/i00 dollars (5169.992.00.1 to be spent for the purposes of this Contract. This sum represents any and all compensation to oe 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 contractor 13 only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PALM um, 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be 14 inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowableness. d. Failure to submit required reports by the 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 or activities 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 actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, employees, agents, or subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall, defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee 15 is an agency of the State of Hawaii. J. CONFTDFN rA A RTA , 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. K. COPYRIGHT AND PAT.NT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph; table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by 16 or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. L. MODIFICATION OF CONT arm, Any modification, alteration, 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, shall be reduced to a written supplemental agreement and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention 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. 17 M. CONFLICT OF TNT uF4m, Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. T M NA TON OF ONT A T. If, for any cause, Grantee fails to .satisfactorily fulfill in a timely or proper manner its obligations under this Contract, 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. 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. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become' Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on 18 or before the effective date of termination. 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. O. WAIVER. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES. 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 19 with the performance of this Contract in accordance with Agency's request. Q. ADDITIONAL• CONDrmTONG. Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By Its Attorney General HAWAII COUNTY POLICE DEPARTMENT ("GRANTEE") , By IOAVIS Its ACTING MAYOR Approved os fo Availability of Funds ~j i~ D In the amounts and for the purposes By~ ~`-~~~-"~'R set forth herein. 1 Its Direc or o, Finance ` O/~~S TO F AND LEGALITY: . Deputy Corporation Counsel/County Attorney ROVAL RECOMMEN ~D: Deputy Chie of Police Acting Chief of Police 20 F".'ATE OF HAWAII ) ^~=~,'bYTY OF HAWAII ) SS: On this ~ ~ day of 1999, before me, Margie Lee, the undersigned Notary Public, personally appeared WILLIAM G. DAMS, to me personally known, who, being by me duly sworn, did say that he is the Acting Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of COUNTY OF HAWAII by authority given to said Acting Mayor of the COUNTY OF HAWAII by Section 5-1.5 of the County Charter, COUNTY OF HAWAII (1991), as amended; and said WILLIAM G. DAMS acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. PR GIF ~ Notary P lic, State of Hawaii ~ MARGIE LEE ' My commission ezpires: 4/19/02 y NOTgRy ~ PUBLIC ~OFNP 3587 CRIME PREVENTION AND JUSTICE ASSLSTANCE DIVISION DEPARTMENT OF TAE ATTORNEY GENERAL - 425 Queea Street Iionolulu, Aawaii 96813 APPLICATION FOR GRANT P~~ ~E.PAStFi A. PROJECT TITLE: SEX CRIMES UNIT B. APPLICANT AGENCY: Hawaii County Polio Department C.ADDRESS• 349 Kapiolani Street, Hilo HI 96720 D. LOCATIONOFPROJECI': Hawaii County Police Department E. PROJECT PERIOD: From January 1, 2000 'Ta December 31, 2000 F. AUTHORIZED PURPOSE AREA 16 G. TYPE OF AWARD: New x Continustlon H. TOTAL PROJECT COSTS: so[mce of Ftnvns t~ratc:Fxr At~tovxr Fede:ai Fmb 75li ea«oe~ Geeeal ntua _ ~7 M~uL 2 5 $ 4 100~i $226,656 I. PROJECT DIRECTOR Names Larry Weber Tale: Lieutenant Addrras: 349 Kapiolani St. , Hilo HI '1'~p~;( 8 0 8 961-2254 FAX: (808 )961-2376 J. FINANCIAL OFFICER Name: Gary Maesato Title: Business Manager Address: 349 Kapiolani St., Hilo HI Telephone: (808) 961-2274 FAX: (8081 6 ~ - yen FOA CPJAD UStd ,>a. JUL 2 3 1999 t~ Nor: Dg-v (Exhibit A) PART II. DESCRIPTION OF PROJECT A. PROBLEM STATEMENT The Hawaii Police Department has determined that the County of Hawaii is experiencing a very low rate of prosecution in sex assault cases. The period of research conducted by the Department, was from January 1996 through June 30, 1998. In 1996 the rate of prosecution of reported sexual assaults was 328. That percentage progressively declined in 1997 and through June of 1998 reaching a low of 208. This issue is yet to be addressed. In 1996 the Hawaii Police Department investigated a total of 343 sexual assaults, 109 of which were accepted by the prosecutor's office as prosecutable. This is a 328 prosecution rate. In 1997 the Hawaii Police Department investigated a total of 352 sexual assaults, 92 of which were accepted as prosecutable. This is a 268 prosecution rate. In the period from .January to June 30, 1998, the Hawaii Police Department investigated 160 sexual assaults, 32 of which were accepted as prosecutable. This is a 208 prosecution rate. These figures reflect island-wide investigations of combined adult and juvenile sexual assaults. During our research it was also learned that the Honolulu Police Department enjoys a substantially higher rate of prosecution in sexual assault cases. In 1996 the Honolulu Police Department investigated 1,187 sexual assaults, 536 of which were accepted as prosecutable. This is a 458 prosecution rate. In 1997 the Honolulu Police Department investigated 1,095 sexual assaults, 489 of which were accepted as prosecutable. This is a 458 prosecution rate. In the period from January to June 30, 1998, the Honolulu Police Department investigated 508 sexual assaults, 244 of which were accepted as prosecutable. This is a 488 prosecution rate. There is a major difference between the two police department's response to reports of sexual assaults. The Honolulu Police Department has a unit that investigates sexual assaults exclusively. The Hawaii Police Department does not have any such investigative unit. SEX CRIMES UNIT PAGE 2 In the Hawaii Police Department, sexual assaults are investigated by members of the Criminal Investigation Division (CID) in Area I (East Hawaii) and Area II (West Hawaii). Each CID is comprised of three sections: Criminal Investigations Section (CIS), Juvenile Aid Section (JAS) and Vice Section. Sexual assaults perpetrated against adults are investigated by 14 detectives in the Criminal Investigation Sections. In addition, they investigate all homicides, felony assaults, felony thefts, burglaries, robberies, escapes, white collar crimes, extraditions and act as liaisons to other police departments nationwide. In 1996 the Criminal Investigation Sections in Area I and Area II conducted 1,058 investigations in addition to 35 sexual assaults reported by adult victims. In 1997 they conducted 1,232 investigations in addition to 51 .sexual assaults reported by adult victims. In 1998, up until June 30, they conducted 347 investigation in addition to 22 sexual assaults reported by adult victims. The cause for this decrease during this period is unknown. Sexual assaults perpetrated against juveniles are investigated by 7 detectives in the Juvenile Aid Sections. In addition, they investigate runaways, felony assaults, felony thefts, burglaries, robberies, escapes and white collar crimes whereby the suspect(s) or victims in these crimes are juveniles. They also investigate child physical abuse and the suspicious deaths of infants and children. They also conduct missing persons investigations and act as liaisons to other police departments nationwide. In 1996 the Juvenile Aid Sections in Area I and Area II conducted 469 investigations in addition to 308 sexual assaults reported by juveniles. in 1997 they conducted 547 investigations in addition to 291 sexual assaults reported by juveniles. In 1998, up until June 30, they conducted 140 investigations in addition to 155 sexual assaults reported by juvenile victims. As shown above, a majority of these detectives' time is spent on matters other than sexual assault investigations. The Hawaii Police Department is in need of establishing a "Sex Crimes Unit" (SCU) to investigate exclusively, reports of sexual assault. This unit would consist of SEX CRIMES UNIT PAGE 3 four detectives in Area I and three detectives in Area II. Because 88~ of the sex assault investigations conducted within the above time frame involved minors,. this unit would be supervised by the respective area Juvenile Aid Section commander. Of the four detectives assigned to the Area I SCU, three detectives would be current positions assigned to the department and one would be a newly created position. Of the three detectives assigned to the Area II SCU, two detectives would be current positions assigned to the department and one would be a newly created position. It takes an especially skilled investigator to properly conduct a sexual assault investigation thoroughly while keeping in mind the needs of the victim in order to avoid further traumatization. These investigations are growing in complexity as advances in science provide newer facets of the sexual assault investigation. These include, among others, the use of DNA, methods of detecting "date rape" drug related sexual assaults and using victim- friendly, non-leading interview techniques. Ongoing training and refresher training is needed to keep abreast of these new techniques being used to address these issues. We currently work in collaboration with the prosecutor's office, Sexual Assault Support Services and in cases of juvenile victims, Child Protective Services and the Children's Advocacy Center. Unlike our department, all of our counterparts have investigators and counselors on a standby basis to provide services to victims. When a sexual assault is reported after normal working hours, the section commander must try to locate an off-duty detective. It can sometimes be difficult to make this contact since the detectives are not required to be available by pager after normal working hours due to the fact that they are not on standby. This causes a delay in assigning a detective to respond to the medical center or scene. If a detective is on standby (one in Area I and one in Area II), he would be required to be to be available for assignment. A detective would be on standby after normal working hours on weekdays from 4:30 p.m. to 12:30 a.m. and from 8:30 a.m. to 4:30 p.m. during weekends and holidays. Previous section commanders have indicated that these are the periods that they have found to be most difficult to locate off-duty detectives. SEX CRIMES UNIT PAGE 4 Sexual assault investigations often involve the use of formal statements and search warrants. In Area II, these documents are currently drafted on personal computers by police reporters. In Area I, however, detectives type search warrants themselves or enlist the assistance of a police reporter who types it along with all formal statements on a word processor that is in excess of fifteen years old. This word processor does not have the capabilities of modern personal computers including the ability to save documents on magnetic media such as zip drives or diskettes. B. GOALS AND OBJECTIVES 1. GOAL: To improve the quality of the Hawaii Police . Department's investigations into reports of sexual assaults against juveniles and adults. 2. OBJECTIVES a. To improve the rate of prosecutable sex assault investigations being submitted to the prosecutor's office by 108 over the previous year. b. All of the detectives in the Sex Crimes Unit will be trained specialists in sexual assault investigations. c. To increase law enforcement training in sex crimes for patrol officers and new recruits. d. To improve the immediate "after-hour" response of detectives to reported sexual assaults. C. PROJECT ACTIVITIES 1. STRATEGY: , Objective "a": Establish a seven member "Sex Crimes Unit" that investigates exclusively, reports of sexual assault. Four detectives to be assigned to Area I SCU and three detectives to be assigned to Area II SCU. The project SEX CRIMES UNIT PAGE 5 will be overseen by the Area I JAS Commander. This approach was selected because it appears to work well for the City and County of Honolulu. In addition, department policies and procedures that are specific to the SCU will be established. A personal computer will be purchased to be used by a police reporter assigned to Area i. This computer will be used to draft formal statements of suspects and witnesses as well as search warrants applied for as part of a sexual assault investigation. Objective "b": Attend national training programs to keep abreast of the latest and most effective investigative techniques in the area of sexual assault investigations. Objective "c": Conduct monthly in-service training for Patrol personnel and Recruit Police Officers, concentrating on their role as first responders to reports of sexual assault and what steps they must take to protect the victim and preserve evidence at the scene. This approach was selected because the patrol officers are the first responders in reports of sexual assaults. Ensuring that the investigation is conducted properly from that point is a crucial step in improving the quality of these investigations. A "Powerpoint" computer projector system will be utilized as part of these training sessions as well as duxinq training conducted with collaborating agencies relative to sexual assault investigations. The participants will be required to evaluate the content and organization of the training. SEX CRIMES UNIT PAGE 6 Objective "d": Placement of an Area I and Area II SCU detective on daily standby status during off-duty periods to. include weekends and holidays. This approach was chosen because it ensures that a detective will be available to respond even after normal working hours. 2. STAFFING: The SCU will be split into two teams- four Detectives in Area I and three Detectives in Area II. They will be supervised by the respective Area JAS Commander. 3. TARGET POPULATION: The SCU will investigate all sexual assaults reported by adult and juvenile males and females in the County of Hawaii. 4. TRAINING: Members of the 3CU will attend training seminars on the mainland or national trainers will be brought to Hilo. They will utilize this training in their investigations and incorporate that information into training conducted with the Patrol Division and Recruits. 5. SCHEDULE Objective "a": When the project period begins, five current members (Detectives) of the Hawaii County Police Department will be assigned to the 3CU. The two newly created positions, funded by this grant, will be filled within ninety days of approval by the Hawaii County Council. Objective "b": Members of the SCU will be sent to two separate training sessions, at SEX CRIMES UNIT PAGE 7 separate times. This will be done to ensure the availability of investigators at all times. The seminars will be selected by the end of the first quarter of the project period. Objective "c": Members of the SCU will conduct in-service training sessions at a rate of two per month. One in Area I and one in Area II. Objective "d": When the project period begins, one detective in Area I and one detective in Area II will be placed on standby. This will continue throughout the project period. 6. AVAILABLE RESOURCES: The SCU will be comprised of five current members of the Hawaii County Police Department. In addition, two current lieutenants will supervise the personnel. 7. IMPACT: This project will better enable the Hawaii Police Department to conduct more detailed and complete sexual assault investigations. in addition, it will provide highly trained investigators who are able to get information needed from the victim without further traumatizing him or her. If successful, this project will provide the prosecutor's office with more sexual assault investigations which meet legal sufficiency standards. D. PROJECT ORGANISATION AND MANAGEMENT The Project Manager will be responsible to see that all conditions stipulated and agreed upon are adhered to. He SEX CRIMES UNIT PAGE 8 shall monitor all budgetary items to aee that all monies are utilized according to contract and to expend all funds granted. He shall also be responsible for the timely submission of all reports required of this project. The Project Manager shall report directly to the Project Director, Lieutenant Larry Weber, Commander of the Juvenile Aid Section, Area I, Hawaii Police Department. E. PERSONNEL Personnel to be utilized for this project will be as follows: Area I - Three detectives currently assigned to the Area i Juvenile Aid Section along with one newly created detective position will be assigned to the Area I Sex Crimes Unit. They will be supervised by the Area I Juvenile Aid Section Commander. Area II- Two detectives currently assigned to the Area iI Juvenile Aid Section along with one newly created detective position will be assigned to the Area II Sex Crimes Unit. They will be supervised by the Area II Juvenile Aid Section Commander. Their responsibilities will be of an investigative . nature. One of the detectives assigned to the Area I SCU, Detective Randall Medeiros, will be the Project Manager. The Area I, JAS Commander will be the Project Director. F. PERSONNEL BIOGRAPHIES AREA I: Commander- Larry Weber, Lieutenant Date of hire: 12-01-80 Role: Supervisor, Project Director 1) Randall Medeiros, Detective Date of hire: 01-16-90 Role: Investigator, Project Manager 2) Dexter Chaves, Detective Date of hire: 02-13-77 Role: Investigator SEX CRIMES UNIT PAGE 9 3) Earl Hatada, Detective Date of hire: 08-04-75 Role: Investigator 4) Vacant detective position Date of hire: Unknown Role: Investigator AREA II: Commander- Henry Hickman, Lieutenant Date of hire: 01-02-79 Role: Supervisor 5) Llewellyn Fukui, Detective Date of hire: 01-02-79 Role: Investigator 6) Samuel Kawamoto, Detective Date of hire: 08-01-83 Role: Investigator 7) Vacant detective position Date of hire: Unknown Role: Investigator G. PARTICIPATING AGENCIES Agencies that, in addition to the Hawaii County Police Department, will participate in this project include the Hawaii County Prosecutor's Office, Department Of Human Services (DHS), Sexual Assault Support Services (SASS) or its equivalent agency, Sexual Assault Nurse Examiners (SANE) and the East and West Hawaii Children's Advocacy Centers (CAC). The Prosecutor's Office will prosecute all sexual assault cases that meet legal sufficiency standards. In cases of intra-familial sexual assault, DHS will conduct joint investigations with the Hawaii County Police Department. SASS will provide victim advocacy services to victims when the initial sexual assault report is made and throughout the investigation as needed. The CAC provides the facility for detectives to conduct videotaped interviews of juvenile victims of sexual assault. SANE conducts forensic/medical examinations of sexual assault victims at the request of the investigating detective. SEX CRIMES UNIT PAGE 10 H. EVALUATION This project will be evaluated by the degree of success in attaining the following goals: 1) Increase by 10$, the rate of prosecutable sex assault investigations referred to the prosecutor's office. a. The Project Manager will, throughout the project period, maintain statistical data relative to the amount of sexual assaults reported as opposed to the amount of cases accepted by the Hawaii County Prosecutor's office as being prosecutable. He will utilize the lap-top computer included with the "Power Point" system to maintain such data and monitor the progress of this project. He will furthermore, establish policies and procedures for the SCU. 2) All seven detectives attending and completing national training on sexual assault investigations. a. Upon returning from training, the attendees shall give a post training assessment to gauge the value of said training. This will aid the unit in planning future training. 3) Provide the Patrol personnel with twenty-four in-service training sessions on the initial response to reported sexual assaults and related subject matter. a. The Project Manager will maintain a record (agendas, attendance sheets and training evaluations) of training provided by SCU detectives. 4) Assignment of a detective within five minutes of the Sex Crimes Unit supervisor being notified of a reported sexual assault. a. The Project Manager will maintain data on all call-outs to include the time it was reported to the SCU supervisor to the time a detective was assigned to respond to the scene or medical facility. With the project performance indicator information, the project will: (1) Demonstrate the improvement in the SEX CRIMES UNIT PAGE 11 quality of investigations. (2) indicate the value of national training received by post training attendee assessments and determine what difference it made. (3) Analyze the degree of effectiveness that stand-by status is having toward the response time and quality of investigations. (4) Determine what difference was made by training the patrol officers. PART III. BUDGET DETAIL AND E%PLANATION COST ELEMENT AMOUNZ+ A. SALARIES AND WAGES Position Title Monthly Salary MATCHING FUNDS (Annual) 1008 of the Project Manager @ $43,668.00 ; 43,668.00 (matching funds)(Monthly:$3,639) (Annual) 258 of the Project Director @ ;54,000.00 ; 12,996.00 (match up to 258)(Monthly:$4,500) DETECTIVE/SERGEANT POSITIONS Two newly created detective positions. (Annual) (2) positions @ ; 41,684 ; 83,368.00 (Monthly: $3,474 each) Employee benefits @ 28.9$ (Annual) (2) positions @ ; 12,047 ; 2.4,094.00 (Monthly: ;1,004 each) STANDBY PAY January 1, 2000 thru December 31, 2000 Area I & Area II (2) Detectives (Annual) @ $ 24.00 per hr. x 730 hrs. x 2 ; 35,040.00 Sub Total S 199,166.00 B. TRANSPORTATION AND SUBSISTENCE TRAINING Specialized national training on issues involving sexual assault investigations. Registration fees, Travel and subsistence for training. Sub Total ; 14,850.00 BUDGET DETAIL PAGE 2 C. OTHER COSTS EQUIPMENT "Powerpoint" computer projector system ; 10,940.00 Personal computer ; 1,700.00 Sub Total ; 12,640.00 Total Project Cost ; 226,656.00 BUDGET EXPLANATION A. SALARIES AND WAGES MATCHING FUNDS Hawaii Police Department to provide matching funds by taking the percentage of time spent by the Project Manager conducting sexual assault investigations and managing the project as well as by taking the percentage of time spent by the Project Director supervising sexual assault investigations. ; 56,664.00 DETECTIVE/SERGEANT POSITIONS Pay for two newly created detective positions to be assigned to the Sex Crimes Unit. Salary: (2) positions @ ;41,684 Fringe Benefits: (2) positions at ;12,047 (28.98) Retirement (13.48) ; 5,585 Medicare (1.458) ; 604 Medical (7.14) ; 2,975 Dental (.678) ; 278 Child Dental (1.028) ; 425 Drug (1.138) ; 470 Vision (.178) ; 72 Life Insurance (.128) ; 51 Worker's Compensation (3.598) ; 1,496 Unemployment .228 ; 91 28.98 ;12,047 Salary: ; 83,368.00 Employee Benefits: ; 24,094.00 ; 107,462.00 STANDBY PAY Pay for a detective to be on standby in Area I and Area II. Based on an average salary of ;24 per hour. January 1, 2000 - December 31,. 2000 = 365 days Daily standby shift = x 8 hours = 2929 hours Area I and Area II detectives = x 2 Areas Total Standby hours = 5840 hours Standby conversion: 258 of hours = x.25 Total hours to pay = 1460 hours Standby rate = x;24 per hour TOTAL STANDBY PAY = ; 35,040.00 BUDGET EXPLANATION PAGE 2 B. TRANSPORTATION AND SUBSISTENCE TRAINING Per diem based on $130 per day for personnel, airfare, vehicle (in the event that the training site is located away from the attendees lodging) and training registration fees as required. The destination is yet to be determined. If trainers are brought to Hilo to conduct training, these funds will be used to pay for their speaking fees, air transportation, ground transportation and per diem. $ 14,850.00 C. OTHER COSTS EQUIPMENT "Powerpoint" computer projector system to be utilized by members of the SCU when conducting training with the Patrol Division, Recruit Police Officers and members of collaborative agencies relative to sexual assault investigations. The lap-top computer included in this system will also be utilized by the Project Manager to maintain statistical data and monitor the progress of this project. Personal computer to be utilized by the police reporter in Area I on duty or called-out after hours to assist a member of the SCU with a formal statement or application of a search warrant. $ 12,640.00 TOTAL PROJECT COST: $226,656.00 PART IV. ATTACHMENTS OFDARTMENT OF THE ATTORNEY GF'•ERAL Crime Prevention and Justice Assistance Division ACCEPT xeF OF COND TION~ The undersigned agrees, on behalf of the applicant agency, that: i. This project, upon approval, shall constitute an official part of Hawaii's Druq 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 ba subject to and will be administered in conformity with: (a) general conditions applicable to administration o! 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 spacial conditions contained in the grant award; and (d) general and liscal 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 o! funds. SUBMITTED BY: Signature: Data: Name: WAYNE G. CARVALHO Title: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD f14 01/96 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPP .arrrTtar. I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, fn the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY: (r' Signature: y~C~~ Date: ~~~Q-Q Ndme: WAYNE G. CARVALHO Title: pDLrCE CHIEF Agency: HAPdAII COUNTY POLICE DEPARTMENT AG/CPJAD /3 01/96 CERTIFIC_~TION OF NON-DI3CRZM2NATInN 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, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act o! 1973, as amended; Title iI of the Americans with Disabilities Act (ADA) o! 1990; Title IX of the Education Amendments o! 1972; the Aqe Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the banelits of, be subjected to discrimination under, or bs 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 o! Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. sea., it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED HY: / signature: ~ ~~41iC~~ Data: 1 ~ Name: WAYNE G. CARVALHO Title: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD X15 01/96 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and rustics Assistance Division CERTIFICATION RL?C-aRerxG DRUG-FR _F WORKP .arTr RFOTTT77T`LTFNTC I. HAS4AII COUNTY POLICE DEPARTMENT (hereinafter referred to as "grantee") certifies that it will provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantees workplace and specifying the actions that will ba taken against employees for violation of such prohibition; (b) establishing a drug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantees policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may ba imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction !or a violation occurring in the workplace not later than lives (S) days after such conviction; (e) notifying the Department o! the Attorney General, State of Hawaii, within tan (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; AG/CPJAD f16 01/96 (f) taking one of the following actions with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriats agency; (q) making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). IZ. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani Street Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Coda City, State, Zip Code Hawaii County County SUBMITTED BY: {y~yy~~_ l~ Signature: 7~ ~ a~ Date: ~ NHIDa: WAYNE G. CARVALHO Tit16: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD #16 01/96 Y.a. OE~ARTM[NT O' JYfTIC? OF/ICE OR JYiTICE ?ROORAMf OFFICE OI THE COMrTROLLER Csrtificatlon Re~ardin~ Debarment, Suspension, InsiiSibiiity and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification Is required by the regulations Implementing Executive Order 12549, Oebannsnt and Suspension, 2B CFR Part 87, 8ectlon 87.51Q Participants' responslbllltles. TM tegulatlons wen published as Part VII of the May 28, 1985 Federal Ap/ster (papea 1915Q19211}. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSq (1) The prospective bwer tier paRiclpant ceRltles, by submission of thb proposal, that neither It nor Its principals an presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal depaRnlent or agency. (2) tMlsro the prospscthh lower tier participant Is unabN to certify to any of the statements In this csrtlfl- catton, such prospective participant shall attach an explanation to this propoW. WAYNE G. CARVALHO, POLICE CHIEF Name and Tltla of Authorized Repnsentathn Signature pate HAWAII COUNTY POLICE DEPARTMENT Name of Organization 349 KAPIOLANI STREET, HILO, HAWAII 96720 Address of Organlutlon OJT ip114 X011/1 MFV 7Al1 ~1wbu! ~AMbn! ¦q OMeMH. CERTIFIC_,TION REGAA~TNG LnnsS--•~ Each parson shall Lila the most currant edition o! this cartilicatfon and disclosure form, it applicable, with each submission that initiates agency consideration o! such parson for an award o! a Fadaral contract, grant, or cooperative agreement of S100,000 or more; or Federal loan o! $150,000 or more. This certification is a material raprasentation o! tact upon which reliance was placed when this transaction was made or entered into. submission of this certification is a prerequisite !or making or entering into this transaction imposed by section 1352, title 31, U.S. Coda. Any parson who !ails to file the required certification shall ba subject to a civil penalty of not lass than $10,000 and not more than $100,000 !or each such failure. Tha undersigned certifies, to the beat o! his or her knowledge and belie!, that: (1) No Federal appropriated funds have been paid or will be paid to any parson !or influencing or attempting to influence an officer or employes o! any Federal agency, a Member o! Congress, an officer or employee o! Congress, or an employee of a Mambar o! Congress in connection with the awarding of any Fadaral contract, the making of any Fadaral grant, the ~akinq o! any Fadaral loan, the entering into o! any cooperative agreement, and .the extension, continuation, renewal, amendment, or modification o! any Fadaral contract, grant, loan or cooperative agreement. (2) It any non-Federal funds haves bean paid or will ba paid to any parson !or influencing or attempting to influence an o!licer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee o! a Member of Congress in connection with ~M Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit Standard Form # LLL, "Disclosure o! Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the- language of this certification ba included in the award documents for all subavards at all tiers and that all subrecipients shall certify and disclose accordingly. n ~ HAWAII COUNTY POLICE DEPARTMENT ~•G~~ 349 KAPIOLAiJI STREET, HILO, HI 95720 WA E G. CARVALHO Name an A ass of Organ zation Nama o! Au or ze Individual Signature and date 99-DB-2 Bureau of Justice Assistance App cat on No. Name o! OJP Agency RaV. 1/90 CERTIFIGTION Grant 7itk: SEX-CRIMES UNIT Grantee Nams: HAWAII COUNTY POLICE DEPARTMENT Address: 349 Kapiolani St. Contact Ptrson: 7't( /r: (806) 961-2279 Hilo, HI 96720 Det. Ranall Medeiros Grant Numbsr: 99-DB-2 Award Amount: $226 , 656 Date and ej~'ective duration of EEOP: February 23 , 1993 (No expiration date ) Polity Statement: See attached CERTIFIGTION (ESOP ON FII.L~ Certification Statement: I WAYNE G. CARVALHO 1g8~~9 OffiCCI], Certify that the HA[4AII COUNTY POLICE DEPARTMENT !agency] ~y formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, g rya, subpart E, that it has been signed into effect by the proper agency authority and dlsseatinated to all employees, and that it is on file in the Office of WAYNE G. CARVALHdaam~], 'tdU KAPIO .ANT RTRF .T. HTT.O. HAWATT 9679n radar], (title], for review or soda by officials of the cognizant State planning agency ~ the Office for Civil Rights, Office of Justice Programs as required by relevant laws an~dj regul~at~io~nsl., • ~~~^"~~POLICE CHIEF -7 _ . [SlgaatutC]rI YNE G. CARVALHO [tIt1C] [datC] CERTIFICATION (NO BEOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES AND THEREFORB IS NOT REQUIItED TO MAINTAIN AN EEOP, PURSUANT TO 28 CFR 42.301, ~ ,~$Q. [signature] [title] Expiration Date: 12/31/98 Revised 2~22~96 • i Nenas >ravataew I .r.,a. • _ . ~~~Qr I~ i The Affirmative Action Plan of the County of Hawaii is availaole for review at the Mayor's Ogi:ice, Department of Civil Sarvicw, Kona gervices Cantor, and public libraries. I i STA.E:iE:~T DP PGLICY It is the policy of the County of Hawaii to take positive and ~ continuing aet:on to ~romota equal opportunity in its I empo•raent and contract progzama sad in its activities and 1 Egaa: en?loynenc cpporr.•:nities extend eo all persons, regard:as~ o! race, sex, ago, religion, color, natioaal arigia, ' handicap, marital status, or arrest and court record. It is G the inttnc of th_s po3iey to: Assure equal erwarmwnt fn recruitment and evaluation of an individual's ability, knowledge, skills, and :.•cc±_ 2. Ersurw non-discrimination in all personael aeticrs, inclucinq our. nor. lamtted to recrui~enr., selee-sor., assignment, compensation, tranaf er, layoff, and j.a _~ninaclon. 3. Ensc:e twat opportnrities !or career advancement are ! Sased on oaZeetiva stancarda and criteria valiely re.ated to performance and brae rho cziteria ee appliw.i ransastently. . ?rovic~ e::at tae conditions'and benerits of work are ' availa~le equally and al:oeated on etse basis oi= establisneo csiteraa and ••rtt:saut diseriainarian. ':he dal:c~ o: equal opportunity shall be applied in accordance witr. :eceral, state, and local laws relating to equal ' - empicyment apportir.:t_~ t:.d aBf irwative action, merit system I rules anti ~equ:stions, aro~isions of collective Sargairiaq ;a~ ana contz:.cts, .nd otr.ei _indiaq federal and .'.ate requirenen__. !~\Iq}T!1 II.I