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Home My WebLink AboutCOM 0228.025 2020-2022 Mitchell D.hath Paul K.Ferreira Mayor Pollee Chief at r �.• r 'irE pF•K'� Kenneth Bugado Jr. Deputy Police Chief County of Iv. POLICE DEPARTMENT 349 Kapiolani Street Hilo,Hawaii 96720-3998 (808)935-3311 . Fax(808)961-8865 DATE: October 25, 2021 TO: MAILE DAVID, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS VIA: Y HI , NTROLLER FROM: PA K. FERREIRA, POLICE CHIEF k RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 21-38, SECTION 7(1) Name of Grant Program: STOP Violence Against Women Formula Grant (Hawaii SAFE/SANE Coordination, Training and Equipment) Grantor: State Department of Attorney General, Hawaii Criminal Justice Data Center County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 20-WF-07 Amount of Grant: $82,672.00 Amount of County Match: $27,558.00 County Revenue & Expenditure Account Numbers: 010.201.5219.67:3302.37 Grant Period (Commencement &Completion): July 1, 2021 to May 31, 2022 Purpose of Grant: To improve Hawaii County's response to violent crimes against women Is final report required by grantor? R Yes ❑ No Notification attached: R Yes F-] No, because Comm. No. Ref. To: "Hawai'i County is an Equal Opportunity Provider and Employer" Ref. Data NOV 1 0 2U! i i DAVID Y.IGE CLARE F,CON146RS 'a HOLLY T,SHWADA .._; ,TATE OF HAWAII i DEPARTMENT OF THE ATTORNEY GENERAL CPIM6 PREVENTION AND JUSTICE ASSISTANCE 01VI5ION HONOLULU,HAVAn 96813 235�a.�rR�r,`.;�IR S^rrxvsr.S:IT2�IITi {IIfi�� -1 15fl a,.!atyaiy:gCivl�pj September fl, 2021 The Honorable Paul Ferreira Chief of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear ChieflTerreira: Enclosed are two, copies of the agreement for thr%vaii SAFE/SANE NE oordination, 'Frainin;and Equipment(Project #20-WF-07). The:project period for this abreetrient is June 1, After reviewing the agreement, please complete the attac.lted conditions and assurances. sign and date the agreement as indicated, and return therm to Our office. An original agrcement will be returned.to you for Your filet after the Attorney General signs it. If you have any questions or concerns rca roling, the agreement please spall Felix klata ,It 586-1153 car e mail tc l III,t 6i it tr t_t�i fro%. Than you very mush. Sincerely, /Je `niter Cullen L,03rants & Planning Branch Chief' KI/I'm Enclosures (`2) 6 4 4 AGREEMENT by and between the n^' ' I ,1 11: S DEPARTMENT OF THE ATTORNEY GENERAL and the HAWAII POLICE DEPARTMENT Relating to Project No.20-WF-07 This Agreement ("Agreement") is effective as of June 1, 2021 ("Effective Date"), by and between the Department of the Attorney General, State of Hawaii ("Agency") and the Hawaii Police Department, whose business address is 349 Kapiolani Street, Hilo, Hawaii 96720 ("Grantee") (collectively, "the Parties"). RECITALS WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 42 U. S. C. 3796 et seq., as amended(hereinafter"Act"), was enacted to make grants to states for developing and strengthening effective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women; WHEREAS, offices and agencies of the state government, units of local government, Indian tribes, and non-profit, non-governmental victim services programs are eligible to apply to states for subgrants under twenty broad purpose areas; WHEREAS, the Governor has designated the Agency to serve as Hawaii's office for administering the federal financial assistance under the Act; WHEREAS, Agency applied for STOP Violence Against Women Formula Grant Program(VAWA) Funds in the form of a STOP VAWA award; WHEREAS, on or about September 17, 2020, the Office on Violence Against Women ("OVW'), U.S. Department of Justice, awarded Agency $1,107,864 in STOP VAWA Funds, Award No. 2020-WF-AX-0001 ("Award"); WHEREAS, Grantee is qualified to receive funds available to the State under the Act and its respective implementing regulations contained in the STOP Violence Against Women Formula Grant Program Guidance, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") and has submitted an application to Agency for receipt of the same as a subgrantee, a copy of which is attached hereto as Exhibit"A"; 1 (VAWA FY 2020(County)Rev.04/2021) I I ' I • I WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that Grantee has demonstrated that it is ready, willing and able to perform the services described herein, and that Grantee is capable of using the requested federal funds appropriately; and WHEREAS, Agency is satisfied that the requirements of the Award have been met for purposes of entering into this Agreement. AGREEMENT NOW THEREFORE, the Parties, for and in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the receipt of which is hereby acknowledged, agree as follows: 1. SCOPE OF SERVICES Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Agreement, furnish all labor, materials, and equipment necessary to satisfactorily perform the services (hereinafter, "Scope of Services") described in Parts II and III of Exhibit"A,"attached hereto and incorporated by reference herein. 2. PROJECT PERIOD Grantee shall perform the Scope of Services within the project period ("Project Period") specified in Part I of Exhibit"A." 3. TERM OF AGREEMENT The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on the date Agency accepts the final financial reports (Request for Funds and Cash Balance Report ("RFF") and Project Expenditures and Obligations Report ("PEO")) from Grantee under this Agreement ("Termination Date"), unless sooner terminated as provided herein or as otherwise agreed to in writing by the Parties. 4. MATCHING FUNDS Grantee shall ensure that matching funds in the amount of twenty-seven thousand five hundred fifty-eight and 00/100 dollars ($27,558.00) is available for Grantee's use to perform the Scope of Services (hereinafter, "Required Matching Contribution"). Grantee shall maintain records which clearly and accurately show the source, amount, and the timing of match contributions. If, at the end of the Project Period, Agency determines that Grantee does not have the Required Matching Contribution, Grantee shall return all funds received from the Agency under this Agreement for which Grantee does not have the required match. 5. REIMBURSEMENT 2 (VAWA FY 2020(County)Rev.04/202 1) I I s (a) Subject to availability of funds, Grantee shall be reimbursed for all actual, allowable, allocable, and reasonable costs it incurs in performing the Scope of Services under this Agreement in an amount not-to-exceed eighty-two thousand six hundred seventy-two and 001100 dollars ($82,672.00) (hereinafter, "NTE Amount"). Grantee acknowledges and agrees that it will not be reimbursed for any costs it incurs in excess of the NTE Amount in performing the Scope of Services under this Agreement. (b) Grantee acknowledges and agrees that Agency's obligation to reimburse Grantee is subject to Agency's receipt of federal funds under the Award, and at no time shall this Agreement be construed as an agreement to reimburse or compensate Grantee with funds other than those which are received from the federal government. Grantee further acknowledges and agrees that federal funds under this Agreement will be used to supplement,but not supplant,state or local funds. Failure of Agency to receive anticipated federal funds shall not be considered a breach by Agency or an excuse for nonperformance by Grantee. (c) In seeking reimbursement under this Agreement, Grantee shall submit to Agency: (i) A monthly RFF for costs it incurs in performing the Scope of Services under this Agreement within fifteen (15) calendar days after the end of each calendar month. Grantee shall submit to Agency its final RFF drawdown within thirty (30) calendar days after the end of the Project Period; and Grantee shall submit to Agency its final RFF within sixty (60) calendar days after the end of the Project Period. (ii) A quarterly PEO within fifteen (15) calendar days after the end of each calendar quarter as follows: (A) For the January 1" through March 31St calendar quarter, the PEO is due April 15`h; (B) For the April I" through June 30`h calendar quarter, the PEO is due July 15`h; (C) For the July I" through September 30`h calendar quarter, the PEO is due October 15`h; and (D) For the October i 51 through December 31` calendar quarter, the PEO is due January 151 Grantee shall submit to Agency its final PEO within sixty (60) calendar days after the end of the Project Period. 3 (VAWA FY 2020(County)Rev.04/2021) r r i H 0 k I Grantee expressly acknowledges that non-adherence to the above deadlines may result in the withholding of funds. Grantee shall continue to perform the Scope of Services during the period i that payment is being withheld. (d) If Agency determines that a RFF or PEO requires clarification and/or revision, Agency will notify Grantee and Grantee shall respond with the requested clarificationand/or revised RFF or PEO within the time specified by the Agency. Grantee expressly acknowledges and agrees that Agency may withhold payment unless and until such time Agency determines that Grantee has adequately responded to Agency's request for clarification and/or revision. (e) All funds available for use under this Agreement shall be subject to the allotment system as provided in Hawaii Revised Statutes Chapter 37. (f) All payments shall be made in accordance with and subject to Hawaii Revised Statutes Chapter 40. (g) If, at any time after payment is issued to Grantee under this Agreement, Agency determines that certain costs paid by Agency to Grantee were inappropriate or unallowable, Agency may either require that Grantee return an equivalent amount of monies to Agency or withhold an equivalent amount from any payments due and owing to Grantee. (h) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which were not encumbered by Grantee during the Project Period, all such funds shall be returned to Agency within ten (10) calendar days after the end of the Project Period. (i) If, for any reason, Grantee is in possession of any funds provided to Grantee under this Agreement which Grantee encumbered during the Project Period, but which Grantee did not disburse within sixty (60) days after the end of the Project Period, all such funds shall be returned to Agency within ten(10)calendar days. 6) If, at any time during the Term, Agency determines that Grantee is not complying with the conditions of this Agreement or satisfactorily fulfilling its obligations under this Agreement, Agency may withhold payments due and owing to Grantee until such time Agency reasonably determines that payment can be issued. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld. 6. CERTIFICATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto as Exhibit "B"and incorporated by reference herein. Grantee covenants that the representations made in the signed certifications are true at the time this Agreement is executed and will remain true throughout the Term, including any extensions thereof, and that Grantee shall fulfill any and all terms and conditions set forth therein. 4 (VAWA FY 2020(County)Rev.0412021) i a I s e 7. CONFIDENTIAL MATERIAL Any information, data,report, record, summary, table,map, or study given to or prepared or assembled by Grantee under this Agreement which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. Grantee shall comply with the requirements of Chapters 487J, 487N and 487R, Hawaii Revised Statutes as applicable. 8. 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 Agreement, 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 Agreement shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. To the extent that any material, summary, report, map, chart, graph, table, study, or other documents, or discovery, invention, or development under this Agreement is not recognized as a "work made for hire" as a matter of law, Grantee hereby assigns to the Agency any and all copyrights in and to the material. 9. CONFLICT OF INTEREST Grantee expressly represents that at the time this Agreement is executed, it presently has no interest, either direct or indirect, that would conflict or adversely affect, in any manner or degree, its ability to satisfactorily perform the Scope of Services under this Agreement. Grantee covenants that this representation will remain true throughout the Term, including any extensions thereof 10. PROGRESS REPORTS Grantee shall submit progress reports as required for STOP VAWA funds to Agency as required by the Acceptance of VAWA Special Conditions in Exhibit `B." Grantee's obligation 4 to submit progress reports to Agency shall survive the expiration or termination of this Agreement. j 11. COOPERATION WITH DATA COLLECTION; ASSESSMENTS 5 (VAWA FY 2020(County)Rev.04/2021) `i 4 1 i Grantee expressly acknowledges and agrees that, if requested by Agency, Grantee shall cooperate with, participate in, and/or support any data collection efforts, assessments, or information requests involving or relating to Grantee's performance of the Scope of Services under this Agreement. Grantee's obligations under this section shall survive the expiration or termination of this Agreement. 4 i 12. SUBCONTRACTING; ASSIGNMENT i Grantee shall not subcontract or assign any portion of the Scope of Services under this Agreement without first obtaining the prior written approval of Agency. if Grantee obtains Agency's approval to enter into a subcontract, Grantee shall ensure that the subcontract is in writing signed by both parties, includes all required provisions, and that the term of the subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that the subcontractor has complied with all applicable requirements and conditions before any funds are disbursed to the subcontractor. 13. INDEPENDENT CONTRACTOR In the performance of the Scope of Services under this Agreement, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the Scope of Services; however, Agency shall have a general right to inspect Grantee's work to determine whether, in Agency's opinion, Grantee is performing the Scope of Services in accordance with the terms and provisions of this Agreement. Grantee's employees and agents are not employees or agents of the Agency by reason of this Agreement, and Grantee's employees and agents shall not be entitled to claim or receive from Agency any vacation, sick leave, retirement, or other benefits directly afforded to employees of Agency. Grantee shall be responsible for the accuracy, completeness, and adequacy of Grantee's performance under this Agreement. Grantee shall be responsible for payment of any federal, state, and county fees which may become due and owing by reason of this Agreement, including but not limited to (i) income taxes, (ii) employment related fees, assessments and taxes and (iii)general excise taxes. Grantee shall also be responsible for obtaining any licenses, permits and certificates that may be required in order to perform the Scope of Services under this Agreement. 14. INDEMNIFICATION Grantee shall defend, indemnify, and hold harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against all liability, loss, actions, claims, suits, damages, and costs or expenses(including attorneys' fees) arising out of, relating to, or resulting from the acts or omissions of Grantee, its officers, employees, agents, subcontractors, and/or subgrantees under this Agreement; provided, however, that this provision shall not apply if Grantee is a State agency. The County of Hawaii will indemnify the State of Hawaii, Agency, and their officers, agents, and employees to the extent permitted by law, and it is understood that payment is subject to approval by the county council/or city council, as the case may be. b (VAWA FY 2020(County)Rev.04/2021) 5 I i I i I The provisions of this section shall survive the expiration or termination of this j Agreement. i i 15. MODIFICATION OF CONTRACT (a) Modification by Mutual Agreement. At any time during the Project Period of this Agreement, the Parties may make modifications within the general scope of this Agreement by a written amendment signed by both Parties. i (b) Unilateral Modification by Agency. At any time during the Project Period,but no later than 45 days prior to the end of the Project Period, the Administrator of the Crime j Prevention and Justice Assistance Division ("CPJA Administrator"), as the authorized designee of the Attorney General, may issue a unilateral written project grant modification notice which directs Grantee to make the following changes effective as of the date specified in the written notice, or if no date is specified, as of the date the written notice is approved (hereinafter, "Modification Notice"): (i) Changes in the Scope of Services within the scope of the Agreement; (ii) Changes in the Project Period that do not alter the scope of the Agreement; or (iii) Changes in Project Director or Financial Officer. All Modification Notices issued by the CPJA Administrator shall be incorporated in and made a part of the Agreement. If the Parties agree that a Modification Notice increases or decreases Grantee's cost of performance of the Scope of Services under this Agreement, an adjustment to the NTE Amount shall be made by written amendment to the Agreement. If Grantee believes that it is entitled to an adjustment of the NTE Amount as a result of a Modification Notice, Grantee shall file a written claim within fourteen (14) calendar days after receipt of the Modification Notice or prior to final payment under this Agreement, whichever is shorter; provided, however, that the CPJA Administrator may extend such period for filing. The requirement for filing a timely written claim for an adjustment of the NTE Amount cannot be waived and shall be a condition precedent to the assertion of a claim. Failure of the Parties to agree to an adjustment of the NTE Amount shall not excuse Grantee from proceeding with the Agreement as changed by the Modification Notice. The right of Grantee to dispute the NTE Amount shall not be waived by its performance, provided Grantee timely files a written claim. 16. TERMINATION FOR CAUSE; CONVENIENCE (a) Termination for Cause. If Grantee breaches any of its promises or fails to satisfactorily perform or fulfill its obligations under this Agreement, Agency may notify Grantee in writing of Grantee's breach or nonperformance under this Agreement (hereinafter, "Notice of Default"). If the breach or nonperformance is not cured within ten (10) calendar days of the Notice of Default, or within some other time as may be specified by Agency, Agency may terminate Grantee's right to proceed with this Agreement or portion thereof by providing 7 (VAWA FY 2020(County)Rev.04/2021) Grantee with a written notice of termination (hereinafter, "Notice of Termination for Cause"). The Notice of Termination for Cause shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of Grantee's breach or nonperformance under this Agreement. (b) Termination for Convenience. Agency may terminate this Agreement, in whole or in part, at any time when the interests of the Agency so require by giving written notice of such termination to Grantee(hereinafter, "Notice of Termination for Convenience"). The Notice of Termination for Convenience shall be effective as of the date of such notice unless otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is not terminated. (c) Grantee shall be entitled to be reimbursed for all allowable, allocable, and reasonable costs actually incurred up to and including the date of Grantee's receipt of the Notice of Termination for Cause or Notice of Termination for Convenience, whichever is applicable. Any costs incurred by Grantee after Grantee's receipt of such notice will be eligible for reimbursement only if they represent unavoidable or reasonable wind-down costs as determined by Agency in Agency's sole discretion. (d) Notwithstanding the termination of this Agreement, and subject to any directions from Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve property in the possession of Grantee in which Agency has an interest. (e) In the event of termination of this Agreement, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material developed or prepared by Grantee under this Agreement 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 within such time specified by Agency. 17. WAIVER i The failure of Agency to insist upon strict compliance with any term, provision, or condition of this Agreement shall not constitute a waiver or relinquishment of Agency's right to enforce the same in accordance with this Agreement. In the event Agency is determined to have waived a term, provision, or condition of this Agreement, it is expressly understood and agreed that such waiver shall not constitute a waiver or relinquishment of Agency's right to enforce the same as to any other or further violation. 18. DISPUTES Any dispute arising under this Agreement which is not disposed of by mutual agreement of the Parties 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 8 (VAWA FY 2020(County)Rev.04/2021) 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 Agreement unless otherwise directed by Agency. 19. GOVERNING LAW The validity of this Agreement and any of its terns or provisions, as well as the rights and duties of the Parties to this Agreement, shall be governed by the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be brought in a state court of competent jurisdiction in Honolulu,Hawaii. 20. SEVERABILITY Should any provision of this Agreement be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead,that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this Agreement. 21. ENTIRE AGREEMENT This Agreement sets forth all of the agreements, conditions, understandings, promises, warranties, and representations between Agency and Grantee relative to this Agreement. This Agreement supersedes all prior agreements, conditions, understandings, promises, warranties, and representations,which shall have no further force or effect. 22. AUTHORITY TO ENTER INTO AGREEMENT Each Party represents and warrants to the other that it is duly authorized to enter into this Agreement and to fully perform its obligations hereunder. 23. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, and all such counterparts shalt together constitute one and the same agreement. 9 (VAWA FY 2020(County)Rev.04/2021) e IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. "Ageney" DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII APP ED AS TO FORM: Dep Attorney General, By: Aollytr. Shikada State of Hawaii Its: First Deputy Attorney General Date: 10-1 �441M "Grantee" APP L R ENDED: HAWAII POLICE DEPARTMENT By: Paul Ferreira B Mitchell D. Roth Its: Chief of Police 091,-Mayor Date: SEP 1 5 2021 Date: 1© � V �a-► APPROVED AS TO FORM AND LEGALITY( By: Its�_�ion Counsel Date: C) D �� EXHIBIT B (VAWA FY 2020(County)Rev.4/202 1) s I i I I Approved as to Avallobility of Funds I In the amounts and for the purposes set forth herein. ��CIIREGTOA t7F FIPIANa SEP 2 0 2021 I f CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Heretania Street, Suite 401, Honolulu, Hawaii 96813 APPLICATION FOR FY 2019 and FY 2020 STOP VIOLENCE AGAINST WOMEN FORMULA GRANT 3 PART I. TITLE PAGE PROJECT TITLE: Hawaii SAFE/SANE Coordination,Training and Equipment APPLICANT AGENCY: Hawaii Police Department i ADDRESS: 349 Kapiolani Street City Hilo Zip 96720 SYSTEM FOR AWARD MANAGEMENT(SAM}: ® Yes ❑ No DUNS No. 613154335 3 PRIMARY PLACE OF PERFORMANCE: City Hilo State HI Zip+4 digits 96720-3912 i PROJECT PERIOD: From June 1 2021 To May 31,2022 AUTHORIZED VAWA PURPOSE 1 ❑ 2❑ 3 ❑ 4 ® 5❑ 6❑ 7 ❑ 8❑ 9❑ 10❑ AREA(S): 11 ❑ 12❑ 13❑ 14 ❑ 15 ❑ 16017 ❑ 180190 20 E] 10 2 F 3 ❑ 4 F 5 FUNDING PRIORITY AREA(S): 6 ❑ 7 ❑ 8 ® 9 Q 10 ❑ TOTAL PROJECT COST: FY 2019 FY 2020 SOURCE OF FUNDS PERCENT AMOUNT AMOUNT TOTAL AMOUNT Federal Funds 75% $0.00 $82,672 $82,672 Agency Match 25% 1 $0.00 1 $27,558 $27,558 TOTAL 100% $0.00 1110,230 $110,230 PROJECT DIRECTOR Name: Robert Pauole Title: Police Lieutenant,Area I JAS Address: 349 Kapiolani St.Hilo,HI 96720 Telephone: 808-961-2254 E Robert.PauoleCahawaiicounty.gov FINANCIAL OFFICER Name: Kelsie Kailiuli Title: Accountant III,Finance Section Address: 349 Kapiolani St.Hilo,HI 96720 Telephone: 808-961-2274 E- Kelsie.kk.kailiulicrhawaiicounty.gov FOR CPJAD USE e received: May 10,2021 Project Number: 20-WF-07 EXHIBIT A AC/CPJAD#1 VAWA Application for LE and Pros(Rev 2/2020) i i 3 APPLICATION FOR STOP VIOLENCE AGAINST WOMEN GRANT PART II. DESCRIPTION OF PROJECT Now This form does not provide spell check i I A. THE PROBLEM Hawai'i Police Department(HPD) views violence against women as a serious and on-going problem. HPD currently provides services to residents and visitors of the County of Hawaii which is considered a rural/isolated location. In 2020, there were 913 Abuse of a Family or Household Member cases initiated by HPD. HPD also responded to an additional 1,601 domestic related calls not resulting in criminal action. According to the National Coalition Against Domestic Violence, 34.7%of Hawai'i women and 24.1%of Hawai'i men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes (NCADV Hawai'i Fact Sheet). Victims of sexual assault and domestic violence include men, women and children who range in age from very young to the elderly. Sexual assault and domestic violence impacts and adversely affects the community of Hawai'i j County, the criminal justice system and law enforcement agencies which include HPD,The Hawai'i Office of the Prosecuting Attorney and the Judiciary. Sexual Assault and Domestic Violence against women has previously and is currently being addressed by all these agencies along with multiple non-profit groups. It is important that this problem be addressed for the health and safety of our families,residents and community whole. In 1995, HPD established the Sexual Assault Forensic Examination(SAFE) Program to improve investigations of sexual assault cases and effectively address the needs of victims.The SAFE j Program provided medical and forensic services to victims through certified SAFE personnel known as Sex Assault Nurse Examiners (SANEs). The SANEs received extensive training in recognition, evaluation, and classification of various injuries resulting from traumatic sexual 3 contact. SANEs also receive training in performing a medical-legal examination, forensic photography,evidence collection, report-writing,and other methods of documenting injuries for evidential purposes. The collected evidence and testimonials provided by the SANEs to HPD's Criminal Investigation Division(CID), Sex Crime Unit(SCU), and Juvenile Aid Section(JAS)detectives and the county prosecutors have contributed to the successful prosecution of sex assault offenders. From July s 2020 to present day, there were 13 SAFE exams completed. From 1995 to 2010, the SAFE Program was spearheaded by a highly experienced certified SANE who was employed with the county.The SANE coordinator was responsible for all aspects of the program and worked directly with the CID, SCU and JAS personnel. In October 2010,the SANE coordinator retired and efforts to fill the position were unsuccessful due to lack of qualified candidates.The position was subsequently frozen and then unfunded because of county budget shortfalls. AG/CHAD#1(a)(Rev 3123/2010) Without the SANE coordinator,HPD's SAFE Program lacked the quality assurance activities, including quality improvement goals and peer review process. Peer review or review by a certified SANE is critical to ensuring consistency of victim care and the quality of reporting and evidence collection. Lack of peer review could result in loss of skills, inadequate knowledge of up-to-date processes, and increase in errors that could lead to compromised evidence. i In order to continue with the SAFE Program, HPD used VAWA funds and outsourced what was previously an in-house program.The contracted provider took on the role of SANE recruitment, coordinated SAFE training and preceptorship,maintained 24/7 coverage of SANEs in both East and West Hawaii, managed the island's SAFE rooms,developed policies and procedures, and developed a peer review process. For this funding round, HPD will use VAWA funds to contract with the provider to continue recruitment and training for the SAFE/SANE Program. HPD will also use VAWA funds to ' provide travel and training opportunities which are sexual assault and domestic violence centric to personnel. Funding will also be used for travel and training for the YWCA to qualify SANE nurses. Funding will also be used to replace existing electronic equipment(laptops used by SANE nurses for tracking data) and replenish supplies which will aid in data collection and service to victims of sexual assault. Additionally, HPD will work collaboratively with SANEs and community partners to effectively respond to victims of sexual assault and identify/implement best practices in investigating sexual assault crimes. I The YWCA had successfully completed a request for proposal for the continuation of providing the coordination of SAFE/SANE services and was awarded the contract with the County of Hawaii. This is a continuation project which currently utilizes VAWA funding. Due to COVIDI9 health restrictions of travel and gatherings,travel and training opportunities have been limited, s� i B. GOALS AND OBJECTIVES Goal: I To improve Hawaii County's response to violent crimes against women through comprehensive medical and forensic services for victims of sexual assault and domestic violence. Objectives: 1. To coordinate and continue recruitment and training for the SAFE/SANE Program. 2. To ensure SANEs and SANE candidates are fully trained and offered continuing education opportunities required to conduct forensic examinations. Specifically to have two additional nurses recruited and trained by the end of the grant period. 3. To improve collaboration between the YWCA,HPD and SART members through regular meetings,consultations,and trainings/conference(as available). AGICPJAD#1(a)(Rev 3123/2010) 4. To provide training for HPD personnel which is victim centered with focuses on domestic violence and sexual assault. 5. To replace existing electronic/computer equipment(laptops)currently utilized by the SANE nurses and replenish supplies which will aid in enhancing data collection and service to victims of sexual assault. C. PROJECT ACTIVITIES Upon receipt of VAWA STOP funding, HPD will contract with the current agency provider that will coordinate and continue recruitment and training for the SAFE/SANE program. HPD will also select and schedule training for their personnel to enhance response to victims of domestic violence and sexual assault. Sub-contractor Coordination Activities 1. Continue to recruit and contract certified SANEs; schedule 24/7 SANE coverage for Hawai'i County. 2. Continue to recruit and facilitate training and certification of qualified SANE candidates; provide continuing education to SANEs to obtain and/or maintain certification. Facilitate professional development and continuing education as opportunities arise, both on-island and off island. 3. Replace existing electronic equipment(Laptops for SANE nurses). 4. Continue to keep the SAFE rooms available and stocked. 5. Maintain the SDFI system implemented in Hawaii County. 6. Provide narrative and statistical progress reports to the HPD to meet requirements of contract funding. 7. Participate in the Inter-Agency Council, Big Island Coalition Against Sexual and Physical Assault, HSART, Hawai'i Coalition Against Sexual Assault and other meetings or trainings/confercnces(as available) involving the SANE program services and/or coordination of care. D. PROJECT ORGANIZATION AND MANAGEMENT This project will be managed by HPD Area I Juvenile Aid Section. The project director is Lieutenant Robert Pauole who reports to Captain Reed Mahuna the commander of HPD Area I Criminal Investigation Division. The project director will track and approve data and billing provided by the subcontractor(YWCA)along with matching services and hours for HPD personnel. This data will be reported to the State Office of the Attorney General as indicators of performance. The financial officer is Accountant III Kelsie Kailiuli of the HPD Finance Section. The financial officer will review requisitions for billing and generate requests for funds(RFF) and submit these to the State office of the Attorney General. The financial officer will also update grant expenditures. AG/CPJAD#1(a)(Rev 3!23!2010) I f 1 i Lorraine Davis,Chief Operating Officer of the YWCA will coordinate SANE nurse training and recruitment. I E. PERSONNEL The following HPD personnel will provide the 25%agency match. Lieutenant Robert Pauole(SCU/JAS, Area I) will spend approximately 12 hours per month as the Project Director. Captain Reed Mahuna will spend approximately 4 hours per month providing guidance and administrative oversite. HPD SCU/JAS Lieutenants (Area I and II) and ten (10) Detectives(Areas I and 11) will spend a total of approximately 20-24 hours per month participating in multi-disciplinary meetings or trainings/conferences, and conducting interviews or interacting with victims of sexual assault and strangulation(age 11 or older). The following HPD personnel will assist in managing the project: Kelsie Kailiuli, Accountant 111,will serve as Financial Officer. Police Investigative Operation Clerk will provide support with fiscal activities. F. BRIEF PERSONNEL BIOGRAPHIES Project personnel tenure with HPI? is as follows: Resumes are available upon request. • Lieutenant Robert P. Pauole—21 years with the department and has been commander of the Area I Juvenile Aid Section since July 2021. • Captain Reed Mahuna(Area 1): Has 23 years of police experience and has been the commander for the Area I Criminal investigation Division since March 2021. • Lieutenant Pennell Hanoa(Area 11): Has 16 years of police experience and has been the commander for the Area II Juvenile Aid Section since July 2021. • Kelsie Kailiuli, Accountant III: has 2 years of grant financial experience. f • Police Investigative Operation Clerk: Has 31 years of departmental experience. i G. PARTICIPATING AGENCIES The HPD collaborates with the YWCA of Hawai'i Island, Sexual Assault Support Services (SASS), a program that provides 24/7 sexual assault crisis response and stabilization and other wrap-around services for victims. Other partner entities include: the Big Island Coalition Against Physical and Sexual Assault(BICAPSA); Children's Justice Center(CJC)of East and West Hawai'i; Sexual Assault Treatment Center(SATO); State Department of Human Services; Prosecuting Attorney of Hawaii County; Hilo Medical Center(HPD/YWCA have a current MOU with Hilo Medical Center), Kona Community Hospital,North Hawaii Community Hospital; Ka'u Hospital; Kapiolani Women and Children's Hospital. AGICPJAD#1(a)(Rev 312312010) I i c 4 z i 'i H. PERFORMANCE INDICATORS/OUTCOME MEASURES Performance Indicators: 1. To recruit and complete training/qualification for 2 SANE nurses during this grant period. f 2. Funded travel and training for prospective SANE nurses. 3. The number of BICAPSA and HDART(Hawaii Domestic Abuse Response Team)multi- disciplinary team meetings attended by HPD and YWCA personnel. 4. Replacement and replenishment of the current laptops and supplies used by SANE nurses. 5. To provide incentive pay for nurses who can respond to the SANE room within 2 hours of the callout at a rate of$150 per incident. 6. To support for payment of SAFE and strangulation exams for victims ages 12 and above. Outcome measures: 1. Two nurses will be added to the call out list to perform SAFEs and/or strangulation exams. 2. Two nurses will be able to travel to complete clinical portion of training. 3. HPD and/or YWCA will participate in at least 8 meetings with interagency partners (BICAPSA, HDART, IAC, SAKI) 4. Purchase 2 new laptops for SANE room and purchase/replenish SAFE/SANE supplies. I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM The Hawai'i Police Department's SAFE Program must continue to provide highly qualified and responsive medical and forensic services to victims of sexual assault.These services encourage reporting of sex crimes to police, improve law enforcement investigations, and successful prosecution,and enhance working collaborations between partner agencies. AG/CPSAD#1(a)(Rev 3/23/2010) DEPARTMENT OF THE ATTORNEY GENE L/CA APPLICATION FOR GRANT PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMO UN A,Salaries and Wages No.of Position Title Positions Monthly rate Subtotal $ $ $ $ No.of No.of Position Title Positions Hourly Rate Hours Subtotal Police Captain 1 $67.28 48 $3,229.44 Police Lieutenant 2 $53.48 192 $10,268.16 Police Detectives 10 $45.44 310 $14,086.40 Total Salaries and Wages $27,584 B. Fringe Benefits Employee Benefits % No.of Position Title Positions Monthly Rate Subtotal No.of No.of Position Title Positions Hourly Rate Hours Subtotal Total Fringe Benefits $o C. Consultant Services/Contracts Length of Consultant/ Scope of Consultant Estimated Contract Service/Contract Cost Service Select as Appropriate YWCA $82,645 1 Year ❑Consultant Contract $82,645 $ Consultant Contract Itemize for $ ❑Consultant El Contract mainland/interisland airfare, No.of No.of ground transportation,rental Travelers as Days car,Per diem Unit Cost applicable Subtotal Inc. in contract AG/CPJAD#1(b) (Rev 1012018) a Total Consultant Services/Contracts $82,645 COST ELEMENT AMOUNT I D. Transportation and Subsistence No.of Itemize for mainland/interisland Travelers No.of airfare,ground transportation, as Days rental car,per diem Unit Cost applicable Subtotal 3 a I i I I 3 3 i I Total Trans ortation and Subsistence $ i E.Supplies Itemize supplies and related costs such as printing,paper,binders, etc. Quantity Cost by Unit Subtotal $ $ $ $ $ 3 Included in subcontract total Total Supplies F. Equipment Specify equipment that will be purchased,leased,or rented. Quantity Cost by Unit Subtotal `I 3 Included in subcontract total Total Equipment I G.Other Costs Ouantity Cost by Unit Subtotal National 1 $300 $300 $300 Training/Conference Registration i I $ $ 1 Total Other Costs $300 i H.Indirect Costs Base Rate % Subtotal $ $ $ $ i 3 AG/CPJAD#a(b) (Rev 10/2018) j. ; Included in Subcontract total Tota Indirect Cots S7,512.91 ) TOTAL PROJECT COSTS jLl 0 ) ) ) ) ) ) � ) ) ) � ) ) ) l ) . l ) � ] ] . } . ) ) ) � � ] ] � ) ) AGr gAD#I(b) (Rey!,2018) . } E 1 i BUDGET EXPLANATION: A. Salaries and Wages This portion of the budget will provide the agency's 25% in-kind match. The police Lieutenants will spend approximately 16.0 hours per month as the project director(Area 1) and attending meetings and generating timesheets(Areas I and II). The police Captain will spend approximately 4.0 hours per month providing overall supervision of the project. The police detectives will spend approximately 28.68 hours per month conducting interviews and interacting with women victims of violence. 10 Detectives: Average$45.44/hour salary x 310 hours =$14,086.40 2 Lieutenants: $53.48/hour salary x 192 hours=$ $10,268.16 1 Captain: $67.28/hour salary x 48 hours=$3,229.44 Total Salary for HPD: $27,584 Salaries contributing to 25%match 927,584 Grant matching f Inds are to start June 01, 2021. B. Fringe Benefits The composite fringe benefit rate is at 0% for 0(list positions). The rate consists of the following fringe benefit items and computed rates: This portion of the budget will also provide the agency's 25% in-kind match. The composite fringe benefit rates that will be applied are: 10 Detectives: @ 35.57%x $45.44 x 0 hours= $0 2 Lieutenants: @ 29.51%x $47.38 x 0 hours= $0 1 Captain: @ 28.49%x $58.78 x 0 hours= $0 Total Fringe Benefits for HPD: $o Fringe Benefits contributing to 25%match $0 C. Consultant Services/Contracts The HPD will contract with the YWCA for the operation, management,and services of the SAFE Program. Contracted services include: SANE recruitment, contracting; planning and coordination of SANE training and preceptorship process. The subcontractor will provide seasoned SANEs training opportunities to enhance their skills on both the medical-forensic examinations as well as training opportunities to provide SDFI services for victims of strangulation. AGICPJAD#1(b) (Rev 1012018) a • 9 SART developed guidelines for the documentation for strangulation when a victim experienced some form of strangulation techniques during the course of the sexual assault. Those guidelines were put into effect pre-COVID and adopted by all counties. YWCA has nursing staff who have undergone 5 days of intense training regarding care of victims who have been strangled and they were performing the SAFE with strangulation examinations to support HPD. There are domestic violence victims who are being strangled and HPD has relied on the SANEs to gather evidence(pictures, documentation and in some cases swabs) for these cases. They don't necessarily involve sexual assault,but the specially trained nurses are supporting HPD in the collection of evidence and providing some medical assessments to victims for continued medical attention. This service started around the beginning of 2021. Within 6 months, Hawaii County SANEs had provided services for 20 victims of sexual assault(which may or may not have had strangulation)and 13 strangulation cases alone. The estimates arc based on 6 months actual data x 2 to give and estimate for an entire year. The strangulation portion of the services are new as of 2021. Consultant fees will include the SANE Coordinator fees: YWCA COO/SANE Coordinator to facilitate progress in the program on real time basis at a salary of$32.81/hour,West Hawaii Crisis Coordinator to assist with scheduling and keeping SANE room stocked on a real time basis at a salary of$23.98, East Hawaii Intervention Specialist to help heep the SANE room stocked on a real time basis at a salary of$22.84/hour, Fiscal Manager to maintain financial records for processing and compliance at$24.10/hour and Finance Assistant to provide data entry, receivables and payables records on a real time basis at a salary of$15.14/hour. 1 In addition to salaries,benefits which include medical, FICA, Social Security,retirement at an average of 25%are included in the budget. The subcontractor's budget includes mainland clinical training for two nurses. The costs for the 7 day trip are broken down as follows: Airfare $2,400 Per diem or subsitance $6,230 Ground transportation: $728 For a total of$9,358 allotted for travel for two nurses. The YWCA will pay a prorated portion of work performed by subcontractors to the YWCA. Taketa, Iwata, Hara&Associates performs an annual 3'd party audit of the agency and Elevate? provides computer tech support, licensing and set up for all computers. Respectively,it is anticipated that audit services will be$664 to the program and Elevate? charges will be$300. Supplies for the SANE room vary from year to year and the budget amount was based on the average of two years of expenses. Supplies range from paperclips and paper, R/W DVDs, toner for the printer,to batteries, speculum and protective equipement. It is anticipated that supply costs will run approximately$4,500 for this grant period AGiCPJAD#1(b) (Rev 1012018) 4 t Nurses who begin their didactic training with the YWCA will begin with enrollment in an on-line course specifically for SANE adults and then follow up with a SANE course for pediatrics. It is expected that$3,600 will be spent to enroll the nurses in the appropriate didactic program. t The YWCA has regular costs associated with running any program and it is anticipated that this contract will pay a portion of rent,telephone,software licenses, liability insurance and untilities. In order to keep SANE rooms stocked,employees of the YWCA will be required to travel to the hospitals and back in their private vehicles. Employees will be reimbursed at a rate of $0.56/per mile. The YWCA plans to purchase two Dell laptops to support the SANE/strangulation activites of the SDFI program. A computer is needed for both the Hilo and Kona SANE rooms. The current computers were purchased pre 2014 and their operating system is no longer supported by Microsoft. The estimated costs of the laptops that have been configured to support the SDFI system, and the set up by the Elevate! will cost approximately$3000 each prior to using them in the SANE room. Maintenance fees for maintaining the computers(3 total)will be approximately$75/month or$900 annually. $600 Swab Dryer $2,250 Third SANE room will be opened between October and November 2021. $150 stipends to nurses who are able to respond to the SANE room within 2 hours of a call- out and are able to complete full service request. (Anticipated 15 incidents.) $6,795.80($650+tax) for SAFES that include strangulation evaluations. (Anticipated 10 incidents) $11,756.25 ($450+tax) for Safe and/or strangulations call-outs(estimated 25 incidents) YWCA Administrative Fees at 10%ofdemininlus: k The YWCA does not have a Federally Approved Indirect rate and therefore uses the accepted 10%de minimus rate. It is anticipated that the 10%will equal $7512.91 during this contract period. Remaining funds will be used to support nurses in participating in peer review activities, travel costs to respond to cases out of their district when nurses within the district are not available, and quality assurance activities. 'I D. Transportation and Subsistence HPD is not anticipating any travel costs during this grant period. It is expected that conferences and trainings will continue to be virtual events. AGICPJAD#1(b) (Rev 1012418) E. Supplies HPD is not anticipating purchasing any supplies. The YWCA has described the supplies in the Subcontractor section. F. Equipment HPD is not anticipating purchasing any equipment. The YWCA has described the equipment purchase for the program in the Subcontractor section. G. Other Costs 1. National Conference/Training Registration for(1)Police personnel. H. Indirect Costs NIA. AGICPJAD#1(b) (Rev 1012018) I 3 I Certifications • Acceptance of Conditions(AG/CPJAD#14) • Acceptance of VAWA Special Conditions (AG/CPJAD#26) • Certification of Non-Supplanting(AG/CPJAD#3) • Certification of Non-Discrimination(AG/CPJAD#1 S) • Certification Form—Compliance with the Equal Employment Opportunity Plan Requirements (OMB Control No. 1121-0340) • Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient)(OJP Form 406111) I 3 Certifications that apply on an as applicable basis: • Certification Regarding Lobbying(AG/CPJAD#22) For contracts totaling$100,000 or more (including match) • Certification of Non-Discrimination Complaint Procedures(AG/CPJAD #30) 3 For all agencies except Judiciary i • Certificate of Collaboration(AG/CPJAD#24) 3 For STOP VAWA criminal justice agencies (police,prosecutors, Judiciary) j 3 i • Certification Regarding Forensic Medical Examination Payments and Polygraph Testing Prohibition(AG/CPJAD #34) For STOP VAWA criminal justice agencies(police,prosecutors, Judiciary) I i • Certification Regarding Filing Costs for Criminal Charges or Protection Orders and Judicial Notification of Firearms Prohibition (AG/CPJAD#35) For STOP criminal justice agencies (police,prosecutors, Judiciary) 3 3 a I! 3 I Pi! i{ I! [I 1 i EXHIBIT B (VAWA FY 2020(County)Rev.4/2021) s DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division. ACCEPTANCE OF CONDITIONS I I J The undersigned agrees, on behalf of the applicant agency,that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violent Crime Control I and Law Enforcement Act of 1994, Public Law No. 103-322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered 3 in conformity with: (a) general conditions applicable to administration of grants under Title IV of the I Violent Crime Control and Law Enforcement Act of 1994, Public Law No. I 103-322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. 5 SUBMITTED BY: signature: Date: ~~--?]' SEP 1 2021 Name: Paul Ferreira Title: Chief of'Police Agency: Hawaii Police Department a 5 5 AG/CPJAD#14 VAWA and SASP(6/2014) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF VAWA SPECIAL CONDITIONS (for Government Contracts) The undersigned Grantee understands and agrees, on behalf of its agency that: 1. Requirements of the Award; Remedies for Non-Compliance or for Materially False Statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the Grantee that relate to conduct during the period of performance also is a material requirement of this award. i Failure to comply with any one or more of these award requirements—whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period—may result in CPJAD taking appropriate action with respect to the Grantee and the award. Among other things, CPJAD may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice and CPJAD also may take other legal action as appropriate. Any materially false, fictitious,or fraudulent statement to the state and/or federal government related to this award (or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. 3729- 3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements Grantee agrees to comply with the financial and administrative requirements set forth in 2 C.F.R. Part 200 and the current edition of the Department of Justice(DOJ) Grants Financial Guide. Grantee understands and agrees that CPJAD may withhold award funds,or may impose other related requirements, if the Grantee does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) t terms of this award),or other outstanding issues that arise in connection with audits, investigations, or reviews of CPJAD awards. 3. Reporting Requirements Grantee shall submit a Semi-Annual Progress Report to CPJAD every six(6)months following the calendar year. The progress reports are to cover activities that Grantee has completed during that reporting period. The semi-annual reporting periods and due dates are: • January I -June 30 Due: July 15 • July 1 - December 31 Due: January 15 A Final Progress Report is due 30 days after the project end date and should report cumulatively on the entire project period. The appropriate report form will be provided to each project by 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 CPJAD. The annual STOP report required by OVW shall be submitted to CPJAD by February I unless mandated earlier by CPJAD. 4. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination 28 C.F.R. Part 38 Grantee,and any subgrantee at any tier,must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to grantee and subgrantee organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to grantees and subgrantees that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https:/lwww.eefr.gov/cgi-bin/ECFR?patzc=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38,under a-CFR "current".data. AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 2 i 28 C.F.R. Part 42 Grantee, and any subgrantee at any tier,must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 28 C.F.R. Part 54 Grantee, and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R. Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 5. Restrictions on {Lobbying"and Policy Development In general,as a matter of federal law, federal funds may not be used by the Grantee,or any subrecipient("subgrantee") at any tier, either directly or indirectly, in support of the enactment,repeal, modification or adoption of any law,regulation or policy, at any level of government, in order to avoid violation of 18 U.S.C. 1913. Grantee, or any subrecipient("subgrantee")may, however,use federal funds to collaborate with and provide information to federal,state, local,tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking(as those terms are defined in 34 U.S.C. 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded from being used by the Grantee, or any subrecipient at any tier, to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee(or subrecipient) would or might fall within the scope of these prohibitions, the Grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 6. Reporting Potential Fraud,Waste, and Abuse,and Similar Misconduct Grantee and any subrecipient("subgrantee")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG) any credible evidence that a principal,employee, agent,contractor,subcontractor,or other person has,in connection with funds under this award— 1)submitted a claim that violates the False Claims Act; or 2) committed a AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 3 I 1 1 criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery, gratuity,or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by online submission accessible via the OIG webpage at https•//oigjustice.pov/hotline/contact-uants.htm (select"Submit Report Online"),or by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division ATTN: Grantee Reporting 950 Pennsylvania Avenue,NW Washington,DC 20530-0001 Hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at https://oi .justice.gov/hotline 7. 41 U.S.C.4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C.4712, including all applicable provisions that prohibit,under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal grant. Grantee also must inform its employees, in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C. 4712. 8. 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. 9. 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. Information on pertinent laws,regulations, AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 4 policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost Chapter. Grantee understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Sub-grantees, available at httl2s://www.iustice.p,ov/ovw/l,yrantees#Resources 10. Duplicate Award of Federal Funds Grantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this CPJAD award,and those award funds have been, are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this CPJAD award,the grantee will promptly notify,in writing, the assigned Criminal Justice Planning Specialist for this CPJAD award,and, if so requested by CPJAD,seek a budget or project narrative modification to eliminate any inappropriate duplication of funding. Further, the Grantee agrees and understands that any duplicative funding that cannot be re-programmed to support non- duplicative activities within the program's statutory scope will be deobligated from this award and returned to CPJAD. 11. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters No Grantee or subgrantee under this award,or entity that receives a contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,the reporting(in accordance with law)of waste, fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 12. Prohibited Conduct Related to Trafficking in Persons Grantee, and any subgrantee at any tier, must comply with all applicable requirements (including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Grantees, subgrantees,or individuals defined(for purposes of this condition)as"employees"of the grantee or of any subgrantee. The details of the Grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OVW web site at https://www.iustice.p,ov/ovw/grantees ntees(Award condition: Prohibited conduct by grantees and subgrantees related to trafficking in persons(including reporting requirements and OVW authority to terminate award), and are incorporated by reference here. i AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 5 I 13. General Appropriations-Law Restrictions Grantee, and any subgrantee at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various"general provisions"in the Consolidated Appropriations Act, 3 2020, are set out at https://www.justice.gox,/ovNv/award-condilions and are incorporated by reference here. I Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee would or might fall within the scope of an appropriations-law restriction, the j grantee is to contact CPJAD for guidance, and may not proceed without the express prior written approval of CPJAD. 14. Requirements to Report Actual or Imminent Breach of Personally Identifiable Information(PII) Grantee shall have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)of"personally identifiable information"(PlI)(2 CFR 200.79), if Grantee 1)creates,collects, uses, processes, stores,maintains, disseminates,discloses, or disposes of such"personally identifiable information"within the scope of the grant-funded program or activity, or 2) uses or operates a"Federal information system"(OMB Circular A-130). Grantee's response procedures must include a requirement to report by email actual or imminent breach of PII to the assigned CPJAD grant manager and to hawaiiag(uhawaii. ov no later than 12 hours after an occurrence of an actual breach,or the detection of an imminent breach, with the date and time of the breach or detection of an imminent breach, description of actual or imminent breach, project number, project title,name of Grantee, and Grantee contact information. 15. Employment Eligibility Verification for Hiring Under the Award Grantee, and any subrecipient("subgrantee") at any tier, must: i a)ensure that,as part of the hiring process for any position within the United States that is or will be funded (in whole or in part)with award funds,the Grantee(or any subgrantee)properly verifies the employment eligibility of the individual who is being s hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and(2); b)notify all persons associated with the Grantee(or any subgrantee)who are or will be involved in activities under this award of both this award requirement for verification of employment eligibility and the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that, generally speaking,make it unlawful, in the United States,to hire(or recruit for employment)certain aliens; AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 6 I i c) provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S. C. 1324a(a)(1)and(2); and j i d) as part of recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 recorded retention requirements,as well as records of all pertinent notifications and trainings. For the purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes(without limitation)any and all Grantee(or any subgrantee)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. For the purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the Grantee(or any subgrantee)may choose to participate in,and use, E-Verify(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the Grantee(or subgrantee) uses E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part)with award funds. 16. Unreasonable Restrictions on Competition Under the Award; Association with Federal Government This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award, whether by the Grantee or by any subrecipient ("subgrantee") at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement,or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward(at any tier). Consistent with the(DOJ) Part 200 Uniform Requirements- including as set out at 2 C.F.R. 200.300(requiring awards to be"manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring"[a]ll procurement transactions [to]be conducted in a manner providing full and open competition"and forbidding practices "restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")- no Grantee(or subgrantee, at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent, affiliate,or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by CPJAD. AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 7 I 3 3 I The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal government-as an employee, contractor or subcontractor(at any tier), Grantee or subgrantee(at any tier), agent, or otherwise-in undertaking any work,project,or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,project,or activity(or to provide such goods or services)in future. 17. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated in the application for award(as approved by CPJAD) (or in the application for any subaward at any tier),the funding announcement(solicitation), or an associated federal or state statute-that a purpose of some or all of the activities to be carried out under the award(whether by the Grantee or subgrantee at any tier)is to benefit a set of individuals under 18 years of age. 3 I Grantee, and any subgrantee at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://oip.gov/fundiiig/Explore/interact-Minors.litm (Award condition: Determination of suitability required, in advance,for certain individuals who may interact with participating minors), and are incorporated by reference here. I 18. VAWA Federal Eligibility Requirements Grantee shall comply with the federal eligibility requirements established by the Violence Against Women and Department of Justice Reauthorization of 2013 (httl2s://www.usdoi.gov/ovw/re�,ulations.htmand the effective edition of the DOJ Grants Financial Guide in order to receive STOP Program funds. 19. Civil Rights Provision I Grantee shall comply with civil rights provisions prohibiting the excluding,denying benefits to,or discriminating against any person on the basis of actual or perceived race, color, religion,national origin, sex, gender identity,sexual'orientation,or disability in any program or activity funded in whole or in part by OVW. 3 20. Non-Disclosure of Confidential or Private information : Grantee shall comply with provisions of 34 U.S.C. 12291(b)(2),non-disclosure of confidential or private information,which includes creating and maintaining documentation of compliance,such as policies and procedures for release of victim information. Grantee shall also ensure that any subgrantees meet these requirements. I 3 I AG/CPJAD#26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) 8 3 3 3 i ' a I 21. Policy for Response to Workplace-related Incidents of Sexual Misconduct,Domestic Violence,and Dating Violence Grantee, and any subgrantee at any tier, must have a policy, or issue a policy within 270 days of the award date, to address workplace-related incidents of sexual misconduct, 3 domestic violence, and dating violence involving an employee, volunteer, consultant,or contractor. The details of this requirement are posted on the QVW website at https://www;jusice.gov/ovw/award-conditions(Award Condition: Policy for response to workplace-related sexual misconduct,domestic violence, and dating violence), and are incorporated by reference here. 22. Timely Expenditure of Funds If federal grant monies are not timely obligated or expended by Grantee,such monies may lapse and/or need to be returned to CHAD. The lapsing and/or return of monies may adversely affect CPJAD's ability to secure additional federal grant monies, which is not in the State's best interest. It is therefore of the utmost importance that Grantee j timely and properly obligates and/or expends funds made available under an awarded contract. Accordingly, should there be a substantial balance(50%or more)of unobligated funds remaining after the end of the first six months without adequate justification,CPJAD reserves the right to unilaterally reduce the amount of funds made available to Grantee for the remainder of the project period. i i SUBMITTED B Signature: �,, .,� Date: SEP 1 ZaZ� Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD##26 FY 2020 VAWA Govt Special Conditions(revised 04/2021) i i i DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division I CERTIFICATION OF NON-SUPPLANTING 1 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. 'i I I I 'I 1 I 'I SUBMITTED BY' SEP 15 2021 Signature- Date: Name: Paul Ferreira Title: Chief of Police Agency: _Hawaii Police Department _— AG/CPJAD#3 06/02 i 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. j I • 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 sem) j • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of 3 race, color, national origin, religion, sex, or disability in VOLA 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 sem} • Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons. s • Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith- based organizations. • The Violence Against Women Reauthorization Act of 2013, Pub. 'L. No. 113-4, 127 Stat. 54 § 3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part with funds made available through VAWA or the Office on Violence Against Women.(42 U.S.C. § 13925(b)(I3)). No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: () Signature: ----- Date: S E P 15 202 Name: Paul Ferreira Title: Chief of Police Agency: Hawaii Police Department AG/CPJAD#15(revised 7/2415) i CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan(EEOP)Requirements Please read carefully the Instructions(see below)and then complete Section rt or Section B or Section C,not all three. If recipient con letes Section A or C and sub- rants a s!n !e award over$500,000, in additive,please complete Section D. Recipient's Name:Hawaii Police Department Address:349 Kapioiani Street,Hilo.Hawaii 96720 Is agency a; o Direct or o Sub recipient of OJP,OV W or COPS funding? I Law Enforcement Agency?ig Yes o No DUNS Number:613154= Vendor Number(only if direct recipient) Name and Title of Contact Person:Paul K.Ferreira.Peflce chief Tele hone Number:808-961-2244 E-Mail Address:Paul.Ferreira@hawaiicounty.gov I Section A—Declaration Claiming Complete Exemption from the ESOP Requirement Please check all the following boxes that apply. a Less than fifty employees. a Indian Tribe D Medical Institution. a Nonprofit Organization a Educational Institution o Receiving a single awards)less than$25,000. I, [responsible offlcial], certify that [recipient]is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R.§42.302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub-grants a single award over$500,000,in addition,please complete Section D 'a Print or Type Name and 77de S(knature Date namommmumm Section B--Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying That an EEOP Is on File for Review 1f a recipient agency lots fifty or more employees and is receiving a single award or,subaward,of$25.000 or more.but less than 5500,000,then the recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies thefollowing(42 C.F.R.§42.305): I, Paul K.Ferreira [responsible of lcia!, certify that Hawaii 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$500,0000,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 Department [organization], 349 Kapkriani Street,Hilo,HI 96720 [address]. -��ae ✓� SEP 1 5 202 Paul K Ferreira,Chef of POIEce Print or T e Name and 7711e Si nature Date Section C Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review tf a recipient agency has,J(fty or more employees and is receiving a single award,or subaward,of$500,000 or more«then the recipient agency must send an ESOP Short Form to the OCR for review. I, [responsible official], certify that [recipient],which has fifty or more employees and is receiving a single award of$500,000 or more,has formulated 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. If recipient sub-granis a single award over$500,000,In addition,please complete Section D Print or Type Name and Title Si Date Section D—Declaration Stating that Recipient Sbawards a Single Award Over$500,000 Ya recipient agency,submvards a single mvard of$500,000 or more then lire granting agency should provide a list,including,name,address and DUNS d of each such sub-recipient. Sub-Recipient Agency Nam"dilress Sub-Recipient D S um er If additional space in necessary,please duplicate this page. OMB Control No.1121-0340 Expiration Date: 12/31/2015 t a Y i i INSTRUCTIONS t 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(ESOP).See 28 C.F.R.pt.42,subpt. E.All awards from the Office of Community Oriented Policing Services(COPS)are subject to the EEOP 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 ESOP 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 ESOP 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.If recipient completes Section A or C and sub-grants a single award over$500,000,in addition,please complete Section D. Section A I The regulations exempt some recipients from all of the ESOP 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 ESOP.Recipients that have submitted an EEOP Utilization Report(or in the process of submitting one)to the OCR,should complete Section C. Section D E Recipients that(1)receive a single award over$500,000;and(2)subaward a single award of$500,000 or more must provide a list; including,name,address and DUNS#of each such sub-recipient by completing Section D. Submission Process j Recipients should download the online Certification Form,complete required sections,have the appropriate official sign I it,electronically scan the signed document,and then send the signed document to the following e-mail address: EEOPForms(i%usdcj.gov. The document n:last have thefollowing 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:12/31/15 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. ' 3 3 I i U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER i 3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) 3 3 I fI 3 3 a This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,28 CFR Part 67, Section 67.510,Participants'responsibilities.The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). i (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE) I (1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 3 Paul Ferreira, Chief of Police Name and Title of Authorized Representative SEP 1 -5 2021 Signature Date Hawaii Police Department 's Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization OJP FORM 406111(REV.2189)Previous editions are obsolete 3 I 8 i 1 3 i Instructions for Certification 3 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 3 2. The certification in this clause is a material representation of fact upon which reliance was placed I when this transaction was entered into. If it is later determined that the prospective lower tier participant 1 i 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 3f at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered I " "participant," "person," " " "principal," "proposes," " transaction, participant, person, primary covered transaction, principal, proposes, 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 I covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — j Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a 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. S. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction 3 originated may pursue available remedies, including suspension and/or debarment. 3 "i E3 i DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form,if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract,grant,or cooperative agreement of$100,000 or more;or Federal loan of$150,000 or more, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall initial here and complete and submit Standard Form # LLL, A Disclosure of Lobbying Activities, in accordance with its instructions. (3) Recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy,at any level of government,without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs. (4) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. SUBMITTED BY:30QL-��— SSP 1 �2QZ1 Signature: Date: Name: Paul Ferreira Project No.: 20-WF-07 Title: Chief of Police Hawaii Police Department 349 Kapiolani Street Office on the Violence Against Women Hilo,Hawaii 96720 (OVW) Name and Address of Organization Name of OJP Agency AG/CPJAD#22 Rev.0112017 t G I 3 I t a t J I Z 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: Paul K. Ferreira Chief of Police 808-961-2241 Name Title Phone (2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware that they may complain of discrimination directly to a subrecipient, to the Department of the Attorney General,or to the Office for Civil Rights. (3) a procedure to investigate the complaint. (The procedure may be an internal investigation or forwarding the complaint to the Department of the Attorney General, the OCR, or another appropriate external agency.) (4) a procedure to notify the Department of the Attorney General, Crime Prevention and Justice Assistance Division of the complaint. (The Department will forward the complaint information to OCR and may conduct an investigation of the complaint.) (S) a procedure to notify the Department of the Attorney General of the findings of the investigation. SUBMITTED BY: SEP 1 �2021 Signature: (:IbQL� Date:gn Name: Paul Ferreira Title: Chief of Police (Head of Agency or Designee) AG/CPJAD#30 6/2010 a DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division STOP VIOLENCE AGAINST WOMEN FORMULA GRANT PROGRAM CERTIFICATE OF COLLABORATION To be completed by applicant agency: Applicant Agency: Hawaii Police Department In satisfaction of the requirements under this grant program,this agency certifies that it has consulted with the local victim services program during the course of developing this proposal in order to ensure that our proposed activities and/or equipment acquisitions are designed to promote the safety,confidentiality,and economic independence of victims of domestic violence,sexual assault,stalking and dating violence. Please provide a brief description of the consultation with and/or collaborative relationship established between the applicant and the local victim services organization identified below: The YWCA of Hawaii Island will recruit SANE nurses provide new and on-goingri ining�for SANES and keep the SAFE rooms gquipedand ready for services at all locations 1AY 32021 Date Authorized Signature of Applicant Agency To be completed by local vktW services organi ggon. The fndw dual sfgrLng this sect{on Wray not be from the applicant agency As a designated representative of YWCA of Hawaii Island,a recognized local victim services organization,i certify that the above is an accurate description of the consultation with and/or collaborative relationship established between my agency and that applicant agency identified above. Name of Organization: YWCA of Hawaii Island Name&Title of Signing Authority: Kathleen McGilvn! Signature: Date: a2G .2t l AG/CPJAD#24 9/2011 AG_CPJAD#24 VAWA Certificate of Collaboration YWCA i r - r DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING FORENSIC MEDICAL EXAMINATION PAYMENTS AND POLYGRAPH TESTING PROHIBITION I I As required by the Statutory Eligibility Requirements of the Violence Against Women Act (VAWA), STOP Formula Grant Program found in 42 U.S.C. 3796gg-4 and U.S.C. 3796gg-8 and implemented at 28 CFR Part 90, I certify that the Hawaii Police Department(name of Grantee) will: i 1. Ensure victims of sexual assault will not incur out-of-pocket costs for forensic medical examinations by either providing such exams free of charge or arranging for victims to receive such exams free of charge, without regard to whether or not the victim participates in the criminal justice system or cooperates with law enforcement. 7 2. Coordinate with health care providers in the region to notify victims of sexual assault of the availability of forensic medical exams at no cost to victims. 3. Ensure that any victims of an alleged sexual offense as defined under federal,state, or local law will not be asked or required to submit to a polygraph examination or 3 other truth telling device as a condition for proceeding with the investigation of such an offense. The refusal of a victim to submit to a polygraph or other truth telling examination shall not prevent the investigation,charging, or prosecution of ' an alleged sex offense by a state or unit of local government. The undersigned understands and agrees, on behalf of the Grantee,that if it fails to comply with any of the provisions stated above, it will jeopardize the Grantee and the State of Hawaii from receiving any funds from the VAWA STOP Formula Grant. 3 1 i SUBMITTED BY: 3 SEP 1 -5 2021 Signature: 00 Q.Q - Date: 7 Name: Paul Ferreira Title: Chief of Police (Head of Grantee Agency or Designee) 7 I i I i I AG/CPJAD#34 3/2016 i 3 i ti DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING FILING COSTS FOR CRIMINAL CHARGES OR PROTECTION ORDERS AND JUDICIAL NOTIFICATION OF FIREARMS PROHIBITION As required by the Statutory Eligibility Requirements of the Violence Against Women Act(VAWA),STOP Formula Grant Program found in 42 U.S.C. 3796gg-5 and 18 U.S.C. §922(g)(8)-(9)and implemented at 28 CFR Part 90, I certify that the Hawaii Police Department(name of Grantee)will: I. Ensure its policies and practices do not require that the victim bear the costs associated with the prosecution of any misdemeanor or felony domestic violence,dating violence,sexual assault,or stalking offense,or in connection with the filing, issuance,registration,modification, enforcement,dismissal,withdrawal,or service of a warrant,protection order,or a petition for a protection order to protect a victim of domestic violence, dating violence,sexual assault,or stalking,or witness subpoena,whether issued inside or outside the state. 2. Provide notification to domestic violence offenders of the requirements delineated in section 922(g)(8)and (g)(9)of the title 18,United States Code and any applicable related federal,state,and local laws. 18 U.S.C. § 922(g)(8)-(9) states: "It shall be unlawful for any person-- (8)who is subject to a court order that— (A)was issued after a hearing of which such person received actual notice,and at which such person had an opportunity to participate; (B)restrains such person from harassing,stalking,or threatening an intimate partner of such person or child of such intimate partner or person,or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i)includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child;or(ii)by its terms explicitly prohibits the use,attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;or (9)who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce,any firearm or ammunition;or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." The undersigned understands and agrees,on behalf of the Grantee,that if it fails to comply with any of the provisions stated above, it will jeopardize the Grantee and the State of Hawaii from receiving any funds from the VAWA STOP Formula Grant. SUBMITTED SEP 1 -5 2021 Signature. Date: Name: Paul Ferreira Title: Chief of Police (Head of Grantee Agency or Designee) AG/CPJAD#35 3/2016