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HomeMy WebLinkAboutCOM 0604.000 1998-2000 YY OF N o~,,....:,..,w~ Stephen K. Yamashiro \J~6;: Harry A. Takahashi Mayor ? : ? Director ~r:e, o•°,~• S. K. Schutte ~iE. • • ~ , Deputy OF N ~Couutp of ~amaii DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 Hilo, Hawaii 96720-4252 (808)961-8234 Fax (808)961-8248 C1J December 22, 1999 c-, r-, T t c~ _ r.~ - r~ Honorable James Arakaki, Chairperson and Members of the County Council ~ Hawaii County Council s 25 Aupuni Street Hilo, Hawaii 96720 ro Re: Operating Budget Enclosed is a bill for an ordinance appropriating $69,626. The State Department of the Attorney General Crime Prevention and Justice Assistance Division has provided the Hawaii County Police Department funding for a Domestic Violence Unit. This grant is provided to improve the law enforcement response to domestic violence incidents in the County of Hawaii by improving the quality of reports deferred to the Prosecutor's Office, creating the ability for more effective prosecution of offenders.. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the State Department of the Attorney General. If there are any questions, please do not hesitate to call the Hawai i County P/o~l~Jic~e^^D~e~partment. h Harry tY. Takaha~i-'-~~ Director of Finance AP/P~RO~V~ED: Stephen K. Y~iashiro Mayor Enc. Comm. No. (.ii'// /yl File No. ~-f`lb CPI fZtS. l97-2K Ref. To: fC Ref. Dste DEC 2 2 1999 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 12/14/99 STAFF CONTACT: GARY MAESATO. BUSINESS MANAGER PHONE: 961-2274 A. REQUEST: To appropriated $69,626.00 entitle "Domestic Violence Unit" under the following object codes 011 28,452.00 115 20,764.00 450 3,100.00 454 7,800.00 480 9,510.00 To enter into a contract with the State Department of the Attorney General Crime Prevention and Justice Assistance Division to provide funding under the Domestic Violence Unit. B. BACKGROUND & JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The State Department of the Attorney General Crime Prevention and Justice Assistance Division is providing funding to improve the law enforcement response to domestic violence incidents in the County of Hawaii by improving the quality of reports deferred to the Prosecutor's Office, creating the ability for more effective prosecution of offenders. The grant will provide funding for overtime to train the officers and purchase the necessary equipment to attain the goals. SIGNED: ~ - DATE: tom--~ S-q9 WA ~ G. CARVALHO POL CE CHIEF Project Number 98-WF-4 C O N T RAC T THIS CONTRACT, dated by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and the Hawaii County Police Department , hereinafter called "Grantee". WITNESSETH WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 42 U. S. C. 3796 gt sea., as amended (hereinafter "Act"), was enacted to make grants to states for developing and strengthening effective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women. Offices and agencies of the state government, units of local government, Indian tribes, and non- profit, non-governmental victim services programs are eligible to apply to states for subgrants under the seven broad purpose areas: (1) training for law enforcement officers and prosecutors to identify and respond more effectively to violent crimes against women, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target violent crimes against women; (3) developing and implementing more effective police and prosecution policies and services for preventing and responding to violent crimes against women; (4) developing and improving data collection and communications systems linking police, prosecutors, and courts or for purposes of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions; (5) developing, expanding, or improving victim services programs, including improved delivery of such services for racial, cultural, linguistic and ethnic minorities, and the disabled, and providing specialized domestic violence court advocates; (6) developing and enhancing programs addressing stalking; and (7) developing and enhancing programs addressing the special needs and circumstances of Indian tribes in dealing with violent crimes against women. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; WHEREAS, Grantee is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. 2 Part 33) or guidelines (Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grant Program Guidance), and has applied to Agency for receipt of the same as a subgrantee; _ WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that all of the requirements of the Act and its implementing regulations have been satisfied and that Grantee is capable of using the federal funds requested appropriately; WHEREAS, Grantee has demonstrated the capacity to provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit 3 "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of _ Management and Budget circulars and the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants." B. TERM OF CONTRACT. This Contract shall be in effect for the period from January 1, 2000 to and including December 31, 2000 unless this Contract is sooner terminated as hereinafter provided. C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grants Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guidance Manual entitled "Financial and Administrative Guide for Grants." 2. If so required by Agency, Grantee shall certify to Agency that any expendable or nonexpendable personal property purchased or acquired with funds received under this Contract will 4 be used for criminal justice purposes before title in such property may vest in Grantee. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency. 3. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Drug-Free Workplace Requirements which meets the requirements of the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), hereinafter referred to as the "Drug-Free Workplace Certification". A copy of the Drug-Free Workplace Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true and that Grantee shall fulfill the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free Workplace Certification shall subject the State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 5 4. Prior to, or concurrently with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, hereinafter referred to as the "Debarment Certification". A copy of the Debarment Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Debarment Certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Lobbying, hereinafter referred to as the "Lobbying Certification", and any subsequent disclosure forms required under Section 1352, Title 31 U. S. C. A copy of the Lobbying Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own books, records, and documents are 6 available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit reports in such form and at such times as Agency or the Bureau of Justice Assistance may require; at minimum, Grantee shall submit quarterly financial reports twenty (20) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained and accessible to Agency and the United States Department of Justice for at least three years after Agency's grant with the Bureau of Justice Assistance is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local government which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-128. 9. Grantee will comply with the non-discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), 7 the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C, D, E and G, the Americans with Disabilities-Act of 1990 42 U.S.C. 12101 e ea^, and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 10. Grantee assures Agency that if it is required to formulate an Equal Employment Opportunity Program in accordance with 28 C.F.R. 92.301 ~ sea. it will submit a certification to Agency that a current program is on file. 1L. Grantee shall ensure that Twenty three thousand two hundred and eight dollars (S23 208 00) are available as matching funds to provide the services under this contract. Grantee shall maintain records which clearly show the source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. 13. The source of funding for this contract is 8 federal funds and the provisions of Hawaii Revised Statutes, Section 29-15 shall apply. D. PERSONNEL. 1. Grantee shall secure at its own expense, all personnel required to perform the services required under this Contract. All such personnel shall not be considered employees of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the subcontractor. All subcontracts shall include provisions to ensure that Grantee is capable of satisfying the requirements of this 9 Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. F. SERVICES AS INDEPENDENT CONTRACTOR. _ 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of income, social security, and other federal, state or 10 local taxes that it may be required to pay. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. G. COMPENSATION. 1. Subject to continuing availability of funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed Sixty nine thousand six hundred twenty six dollars (569,626.001 to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this contract to be payable out of federal funds, this contract shall be construed to be an agreement to pay such portion to the contractor only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. 11 H. METHOD OF PAYMENT. 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. _ 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall bQ made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the 12 deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts or activities of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, employees, agents, or subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, 13 table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/ statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. 14 L. MODIFICATION OF CONTRACT. Any modification, alteration, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, shall be reduced to a written supplemental agreement and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (95) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching a party's written request with the other party's written approval thereon to this Contract. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or 15 indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. If, for any cause, Grantee fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. Grantee shall be entitled to receive only such compensation as shall have been 16 satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's 17 request. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") BY Its Attorney General HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII ("GRANTEE") By Its ' Mayor By Its Director of Finance APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel APPRIO^/VJ~AL RECO~M~ME~N~D~ED~~: Police hief 18 ~I~IGINAL DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 PPLICATION FOR S T O P VIOLENCE ACAiNCT WOMEN ANT Part 1. TITLE PAGE A. PROJECT TITLE: DOMESTIC VIOLENCE UNIT B. APPLICANT AGENCY: HAWAiI COUNTY POLICE DEPARTM NT C. ADDRESS: 349 APIO .ANI 4T F..T HILO, HAWAiI 96720 D. PROJECT PERIOD: JA_NUA_RY 1 2000 TO DECEMBER 31, 2000 E. AUTHORIZED PROGRAM PURPOSE: ~ F. TOTAL PROJECT COSTS SOURCE OF FUNDS ~ PERCENT ~ AMOUNT Federal Fuods ~ 75% ~ $69,625 Agency Match ~ 25% ~ 23,208. TOTAL ~ 100% ~ 592,834 G. PROJECTbIRECTOR: James Dav TITLE: Captain Address: 349 Kapiolani Street,.,~o, Hawaii 96720 Phone: (8~) 961-2251 FAX: (808) 961-2376 H. FINANCIAL OFFICER: =Gary Maesato TITLE: Business Manager Address: 349 apiolani Street,_HjLo. Hawaii 96720 Phone: (808) 961-2274 FAX: fR081 961-2390 FOR CPJA USE Date Received: ~ y y ~ Project Number: 98-WF-4 AG/CPJA #1-VAWA (2/96) EXHIBIT A PROBLEM The County of Hawaii has a Domestic Violence Inter-Agency Team, or DVIAT, comprised of law enforcement, the Judiciary, and service providing agencies which has provided feedback to the Hawaii County Police Department on issues related to the po]ice handling of domestic violence incidents. A primary concern of the agencies was mandatory arrest of the perpetrator. In addition, member agencies were also concerned with the arrest of all parties involved as a result of officers not having a cleaz understanding of the dynamics involved in domestic violence. They feel that a proper investigation would result in the identification and the arrest of the primary aggressor. The Hawaii County Prosecutor's Office has recommended that current prosecutions require adequate documentation of these incidents. There is now an increased necessity for thorough investigations consisting of quality photographs depicting the victim's injuries and the scene, complete victim statement forms, and thorough interviews of witnesses and children at the locations. In order to properly investigate and adequately document these domestic violence incidents, the establishment of a Domestic Violence Unit within the Hawaii County Police Department is essential. A Domestic Violence Unit will conduct follow-up investigations to ensure that the investigation is complete and thorough, all evidence and the required reports aze forwazded for the successful prosecution of the offender. The Unit will further be required to conduct all training on the dynamics of domestic violence to patrol divisions, the requisites of patrol response, and the requirements for a successful domestic violence investigation. It is not unusual for a patrol officer to have a domestic violence case pending. For calendaz year 1998, 49 Abuse of Family and Household Member cases and 35 Violation of Order cases were still continuing, pending a final disposition. In addition, there aze connecting cases such as sexual assault, assault, kidnap, burglary, criminal property damage, threat, and rnnaway cases that aze also pending. The statistics for 1996, 1997, and up to December 1, 1998, indicate that an average of 43% of the Abuse cases reported resulted in the arrest of the responsible person. In 1996, the arrest rate versus incidents was 41%. In 1997, the arrest rate versus incidents was 44%. As for 1998, as of December 1, the rate was also 44%. For the same time periods, there was an arrest average of 32% for Violation of Order incidents reported. During 1996, the arrest rate was 34%, , in 1997, the arrest rate was 31%, and as of December 1, 1998, the arrest rate was 31 Due to changes in Hawaii Revised Statutes Section 709-906, Abuse of Family and Household Member; Penalty, proper documentation of these types of incidents is essential. The 1998 State Legislature added the terms "reciprocal beneficiaries, former reciprocal beneficiaries, persons having a child in common" and "persons related by consanguinity" to the definition of family or household member. Page 2 Another change in the statutes is the addition of language in subsection (7), which states, "For any subsequent offense occurring within two yeazs after the second misdemeanor conviction, the person shall be chazged with a class C felony." These amendments make it imperative for more thorough investigations to be conducted into these misdemeanor incidents. This would require more time and effort on the part of the investigating officer to conduct a satisfactory investigation. The amendments have created conditions whereby the potential effect of being convicted of a misdemeanor has serious ramifications and results in a higher standazd of proof to obtain a conviction of the offender. The use of photographs, taken at different time intervals of 24, 48, and 72 hours after the incident was reported, will visually document the development of soft tissue trauma. Thorough and complete investigations that result in accurate documentation will allow the Prosecutor's Office to actively seek prosecution of the suspect. This in tum would require the judicial system to properly deal with the offense and sentence those found guilty accordingly. One thought that should be maintained: Each incideut of abuse, each violation of an order, could oue day lead to a homicide. Competent investigations, successful prosecutions, and adequate sentencing are all integral pazts of effectively handling incidents of domestic violence. The results may not be immediately appazent, but would be beneficial to following generations. In order to properly investigate, document, and track the follow-up investigations conducted by the members of the Domestic Violence Unit, the Department will need to purchase necessary equipment. This equipment would include, but not be limited to items such as computers, portable radios, cell phones, cazneras, desks, file cabinets, etc. Additional monies will also be needed to provide for support staff and anticipated overtime expenses. The Domestic Violence Unit will be comprised of four police personnel responsible for conducting follow-up investigations in the County of Hawaii that covers an azea of 4028 squaze miles. It is anticipated that Unit members will be utilizing a large amount of their time in the field conducting the follow-up investigations and arrests, returning to the police stations to document their efforts. To assist in data collection and to maintain accurate tracking of all cases, a support person is required. The Department presently has a Domestic Violence Coordinator/Analyst (C/A), who's present duties include data input from cases of domestic violence. Presently all Abuse of Family or Household Member and Violation of Order cases aze being forwazded to the C/A and aze being tracked. The C/A is able to provide demographic information such as the number of cases, the locations, the individuals involved, among other data. The present position for the C/A is being funded by the Community Oriented Policing to Combat Domestic Violence grant, due to expire on December 31, 1999. Being that what the C/A is now doing is similaz to what will be conducted by the Sergeants in the Domestic Violence Unit, the C/A would be a valuable addition to the Unit. Page 3 The C/A has been able to provide valuable information to the Community Police officers, such as the naznes and address of couples in addition to the number of times they were involved in domestic violence incidents. The Community Police officers aze attempting to provide these couples with alternative methods for resolving disagreements. GOAT. AND OBJECTIVES GOAL The goal of the Department, through the Domestic Violence Unit, is to improve the law enforcement response to domestic violence incidents in the County of Hawaii by improving the quality of reports deferred to the Prosecutor's Office, creating the ability for more effective prosecution of offenders. OBJECTIVES In order to attain this goal, the following objectives will be met: A. The Domestic Violence Unit will increase azrests in Abuse of Family and Household Member investigations in the County of Hawaii by 15% over the previous yeaz's arrests. B. The Domestic Violence Unit will increase arrests in Violation of Order investigations in the County of Hawaii by 15% over the previous yeaz's arrests. C. The Domestic Violence Unit will ensure 100% case management of domestic violence incidents received by the Unit D. The Domestic Violence Unit will complete and refer the investigations within five days of the Unit's receipt of the reports to the Prosecutor's Office for chazging decision. E. Through the Domestic Violence Unit, the Department will strive to more effectively lessen the recurrence of domestic violence by 5%. F. The Domestic Violence Unit will strive to improve the coordination of effort of both the Department and the Prosecutor's Office for expeditious prosecution by conducting bi- monthly meetings. G. The Domestic Violence Unit will improve the Department's response to domestic violence incidents with the community by conducting at least four Annual Recall Trainings, one each quarter, and educational programs dealing with current issues of domestic violence to sworn police personnel. Page 4 PRO iF.CT ACTIVITIFC The Domestic Violence Unit will specialize in conducting follow-up investigations of incidents involving domestic violence. In addition, the follow-ups could lead to disclosure of other types of criminal offenses such as sexual assaults, physical assaults, threats, harassment, stalking, etc. Initially, there may be an increase in crimes against persons and property crimes; however, with competent investigations, the numbers may decline in future years. Statistics compiled through December 1, 1998, show the majority of Abuse of Family and Household Member and Violation of Order cases historically occur in three districts, Kona, South Hilo, and Puna. The districts of South Hilo and Puna account for one-half of the total number of these incidents reported. In addressing the high number of investigations in these specific districts, the Domestic Violence Unit will be stationed in Area I, South Hilo, and Area II, Kona. The Unit will be under the Investigative Operations Bureau of the Police Department, assigned to the Juvenile Aid Section. The Unit in Area I will initially be comprised of a Sergeant and one Police Officer III, with a primary responsibility of investigating reported domestic violence cases in South Hilo and Puna. In Area II, the Unit will also be initially comprised of a Sergeant and one Police Officer III, with primary responsibility to investigate reported domestic violence cases in Kona and South Kohala, if necessary. Additional personnel will be added to the Unit when operationally feasible. The Unit will conduct follow-up in other districts within their respective Areas, if needed. The Sergeants will have the responsibility to oversee the investigations, conduct investigations as needed, coordinate the cases with the Prosecutor's Office, and ensuring that all elements necessary for successful prosecution aze satisfied. The Sergeant will review each report and make assignments for further investigation if needed. The investigators will conduct the necessary investigations of domestic violence incidents, under the supervision of the Sergeants. Copies of all reports of domestic violence will be forwazded from the primary districts to the branch of the Unit either in Area I or Area II. The districts of South Hilo and Kona shall make copies of all domestic violence reports, which will be kept at the respective Receiving Desks for pick up by members of the Unit. Outlying districts shall fax copies of their district reports to the Unit branch in their Area. These reports will be reviewed by the Unit Sergeant and follow-up assignments will be made as needed. The support person, under the supervision of the Unit Sergeant in Area I, will input report data into a centralized computer for the offenses of Abuse of Family or Household Member, Violation of Orders, and other incidents related to domestic violence. The case tracking will be conducted by the support person, who will conduct weekly checks on the cases received by the Unit to insure that the investigations aze conducted within the proposed time restraints. Additionally, periodic reports will be made to the Unit Sergeants indicating the status of all investigations, which will include the names of individuals who repeatedly aze involved in domestic violence incidents. Page 5 METHOD TO ACHIEVE OBJECTIVES A. The Unit will be required to conduct the investigations and within five (5) working days of receiving the report, arrest the offender. This five day deadline is not a statutory requirement, but is intended as a deparhnental guide to expedite the cases being referred to the Prosecutor's Office for trial. If an arrest is not made during the five day period, the Prosecutor's Office will be contacted. The decision will then be made to either defer the report to the Prosecutor's Office for issuance of a Penal Summons, a Grand Jury indictment, or to continue efforts to locate and arrest the offender. B. Domestic violence incidents involving substantial bodily injury will be investigated by the Domestic Violence Unit to insure expeditious investigations and apprehension of the responsible individual. Substantial bodily injury aze those injuries that result in a major avulsion, laceration, or penetration of the skin; a chemical, electrical, friction, or scalding bum of second degree severity; a bone fracture; a serious concussion; or a tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs. As some of these incidents will occur outside of normal work hours, members of the Unit may be contacted and assigned to lead the investigation or assist in immediate follow-up. C. Incidents of domestic violence resulting in serious bodily injury to, or the death of the victim, shall be investigated by the Criminal Investigation Section of the respective Area in which the injury occurred. If requested, assistance by the Domestic Violence Unit will be provided. Serious bodily injury are those injuries which create a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. As some of these incidents will occur outside of normal work hours, members of the Unit maybe contacted and assigned to assist in the investigation. D. An additional duty required of the Unit is the training of members of the Police Department in the handling of domestic violence cases, both on the initial hiring of police recruits and during recall training. E. A result of this response is the Hawaii County Police Department and the Hawaii County Prosecutor's Office formulating new and more innovative procedures for the handling and prosecution of these incidents. These agencies would also meet regulazly both at the "line" or working level and administratively to "iron out" any difficulties that may arise, as well as to shaze ideas on improving the overall project. As a result of these "meet and confer" sessions, the success of the Domestic Violence Unit is foreseen. PROJECT ORGANIZATION A_ND MANAGEMENT The project will be under the control of the Captain of the Criminal Investigation Division, situated in Police Headquarters, Hilo, Hawaii, presently Captain James Day. Captain Page 6 Day will report to the Assistant Chief of Investigative Operations as to the status of the project, its operation, goal attainments, and overall progress. The Unit will be under the control of the Lieutenant of the Juvenile Aid Section, situated in Police Headquarters, Hilo, Hawaii, presently Lieutenant Lany Weber. Lieutenant Weber will report to Captain Day of the Unit's and project's status and ensure compliance with Federal reporting requirements. The lead supervisor of the Unit will be the Sergeant that is assigned to the South Hilo or Area I Section of the Unit. This Sergeant's responsibilities, in addition to those listed eazlier in this narrative, will include prepazation of required reports and submittal of such reports in the established time tables. The other personnel, the Sergeant in Kona, or Area II, and the Police Officer III's, have responsibilities as described earlier in this narrative. The names of personnel to the Domestic Violence Unit will be provided upon their assignment. OTH .R P RTI IPATIN . A ~ .N .IF. F.RO R .S Other agencies that will be involved in this project other than the Prosecutor's Office and the Judiciary would be Alternatives to Violence, Child and Family Service, Child Protective Services, and possibly other service providing agencies. Altematives to Violence, Child and Family Service, and Child Protective Service would be involved due to the availability of their services being made lmown to the victims by the Domestic Violence Unit. It is anticipated that the victims will be contacting these agencies for assistance and/or education, which may result in the reduction or elimination of the individual being made the victim of another domestic violence incident. F VALUATION The following performance indicators will be utilized to evaluate the effectiveness of the project. A. The actual number of arrests during the grant period compazed to the number of arrests made in the previous yeaz will show the percentage ofincrease/decrease in arrests for domestic violence incidents. B. Meeting the reporting requirements and procedures in all investigations reviewed by the Unit Sergeants, either through the efforts of Patrol personnel or by follow-up conducted by the Unit members. C. The effectiveness of the Unit in lessening the incidents of repeat offenders will be analyzed by using previous gathered data and comparing it to data obtained through the Unit's investigations during the project period. Page 7 D. Collection of data by the Unit support staff of cases involving the Abuse of Family and Household Member. Data will include information on the victim and responsible person, such as gender, age, ethnicity, and employment. Additional data will be the yeazly amount of occurrences of domestic violence showing the month of occurrence, week day, time of day, and location of occurrence. The relationship between the victim and the responsible person and the type of incident that was reported will also be collected. The number of calls by victim name and type of injury, if any, will be obtained. The disposition of the investigation, the amount of repeat occurrences and the cause will also be available. E. Collection of data for incidents involving Violations of Orders will be conducted and included as described in "D". F. Documenting the number of meetings by Police and Prosecutors for streamlining and expediting prosecution of offenders and drafting any policy and procedures that may result from such meetings. G. Documenting the number of training sessions conducted. PROBABILITY TO IMPROVE: THE iMINAI. TIISTI YCT M With the Domestic Violence Unit, the investigations will be completed expeditiously, be thorough, and complete. This in tum, will provide the Prosecutor's Office with better evidence in which to present the proper chazges to the court during trial, resulting in increased convictions. The Courts will be required to sentence the responsible persons in accordance to the offenses chazged. Mandatory counseling is a requirement of being sentenced under the laws governing domestic violence. Through the counseling, individuals that have been violent will become better educated in the proper methods of dealing with incidents in which they have previously used violence. This will reduce the recidivism rate of incidents of domestic violence in the County of Hawaii. Page 8 PART III BUDGET DFTAiL A_ND EXPLANATION COST ELEMENT AMOUNT A. SALARIES AND WAGES Salaries for police personnel assigned to the project will be borne by the Hawaii County Police Deparhnent. Support Staff (civilian position) ($2,371.00/mo) $ 28,452.00 To input domestic violence related data into the computer; case tracking; conduct weekly checks on the cases received by the Unit to insure that the investigations aze conducted within the proposed time restraints; prepazation of periodic reports to the Unit Sergeants indicating the status of all investigations, which will include the names of repeat offenders. Fringe Benefits Social Security 6.20% of salary $1,764.02 Medicaze 1.45% of salary 412.55 Worker's Compensation 3.47% of salary 987.28 Unemployment Compensation .42% of salary 119.50 Medical Plan, Family 239.40 Children's dental plan, per enrolled child 13.24 Adult Dental Plan, with spouse 23.18 Prescription Drug Plan, Family 53.02 Vision Caze Plan, Family 6.12 Life Insurance 4.24 Total Fringe Benefits $3,622.55 TOTAL SALARY EXPENSE $ 32,074.55 B. EQUIPMENT 1. PC Computers with printer and programs $ 7,800.00 for case tracking and data collection. 2 computers x $3,900. 2. Computer desks. 2 x $250 500.00 3. Portable two way radios 4 x $2,000 8,000.00 (for use when doing field investigations) 4. Cellphones 4 x $100 400.00 5. Cellphone Service Expenses $10/mo x 12 120.00 Page 9 6. Pagers 3 x $50 150.00 (for immediate notification of Unit members for overtime assignments) 7. Pager Service Expenses $8/mo x 12 96.00 8. Mini tape recorders 4 x $65 260.00 9. Cameras, 35 mm 2 x $350 700.00 10. Film for cameras, 12 exp. 200 rolls x $4 800.00 11. File cabinets 2 x $300 600.00 12. Office desks 2 x $550 1,100.00 13. Electric typewriters 2 x $450 900.00 EQUIPMENT TOTAL $ 21,426.00 C. OTHER COSTS Overtime One yeaz period Detectives $24 x 1.5 x 125 hours x 2 $ 9,000.00 Police Officer III $19 x 1.5 x 125 hours x 2 7,125.00 OVERTIME TOTAL $ 16,125.00 FEDERAL FUNDS REQUESTED $ 69,625.55 MATCHING COSTS: Supplied by the Department through the use of 23,208.52 Domestic Violence Unit personnel salaries and fringe benefits. The actual designation of personnel and position to provide the match will be made when Unit personnel aze identified. TOTAi. PROJECT COSTS $ 92,834.07 Page 10 r PART IV. ATTACHMENTS A. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3) B. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A) C. CERTIFICATION OF NON-DISCRIMINATION IAG/CPJAD #151 D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT IAG/CPJAD #16) E. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (OCR Form, expiration date: 12/31 /98) F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION (OJP Form 4061 /1) G. CERTIFICATION REGARDING LOBBYING (required only for awards of S 100,00 or morel DEPARTMENT OF TAE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING "I certify that federal funds will not ba used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED HY: signature: u..~~~~~ Data: JUN 14 1999 Noma; WA G. CARVALHO T1tla: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT )?G/CPJ11D #3 01/96 r ~ ACCEPT,\NCE OF CONDITIONS The undersigned agrees, un behalf of the applicant agency, that: L This project, upon approval, shall constintte on u~'ticial part of Hawaii's Violence A;ainst \'/omen Formula Grant Pro,ram esrtblished under Title IV of the Violent Crime Control and Law - Enforcement Act of 1994, Public Law Nu. 103-322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Tide IV of the Violent Crime Cuntrol and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violent Crime Cuntrol and Law L•nfurcement Act uF 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 t'oreguing provisions, the application obligations or for nun-availability of funds. SUBMI'T'TED BY: - ~ JUN 14 1999 Signature: Date: Name: WAYNE G. CARVALHO Title: R~LICE CHIEF Agency:• HAWAII COUNTY ALICE DEPARTMENT AGlCPJAD X14A (8/96) r CE2.~IFICATION OF NON-DISCRIMIhr,TION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of the omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Aqe Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 26 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds of rata, color, religion, national origin, snx, or disability, ba excluded from participation in, be denied the banatits of, ba subjected to discrimination under, or ba denied employment in connection with any program or activity landed in whole or in part with funds made available under this title from the U. S. Department o! Justice through the Department of the Attorney General, Crime Pravnntion and Justice Assistance Division. The applicant agency also certifies that, i! required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, sea., it will maintain a currant one on Tile. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SU5!(ITTED BY: ` ~ q SiGnuture: ----~V~~',~' Data: 1 Naml: WA G. CARVALHO Title: R~LICE CHIEF Agency: HAWAII COUNTY POLICE DEPAR'lMP~PP AG/CPJAD f15 01/96 DEPARTMENT OF THE ATTOR."7EY GENERAL Crime Prevention and Justice Assistance Division cFRTIFICATTON REGARDING DRUG-FREE WORKPLACE REOUIRE*SENTS I - HAWAII OJIJNT'Y POLICE DEPARTMENT (hereinafter referred to as "grantee") certifies that it will provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing a drug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and (4) thn penalties that may be imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant ba given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under th• grant, the employee will: (1) abide by the terms of the statement; and (2) notity the employer of any criminal drug statute conviction _ for a violation occurring in th• workplace not later than five (5) days after such conviction; (s) notifying the Department of the Attorney General, State of Hawaii, within tan (10) days after recaivinq notice under subparagraph (d) (2) from an employee or otherwise recaivinq actual notice of such conviction; AG/CPJAD X16 01/96 (f) taking one of the following actions with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (q) making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 KAPIOLANI STREET Street Address Street Addzess HILO, HAWAII 96720 City, State, Zip Code City, State, Zip Coda HAWAII County County SUBMITTED BY: ~~yy Signature: y' ~ Date: JUN 14 1999 NdIDH: WA `YIVE' G. CARVALHO Title: POLICE CHIEF AQBnCy: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD /16 01/96 CERTIFICATION Grant Title: DOMESTIC VIOLENCE UNIT Grantee Name: HAWAII COiJNTY POLICE DEPARTMENT Address: 349 Kapiolani Street Contact Person: Detective Ttl. M: (gOg) 961-2276 Hilo, Hawaii 96720 Lawrence Balberde - Grant Number: 98-wF-4 Award Amount: $92,834.00 Date and effective durotion of ESOP: February 23, 1993 (No expiration date ) Policy Statement: See attached Statement CERTIFICATION (EEOP ON FILE) Certification Statement: I WAYNE G. CARVALHO [agency executive officer], certify that the i-IAWAII COUNTY POLICE DEPARTMENTP, COUNTY OF HAWAII lgg~~r] haq formulated an Equal Employment Opportunity Piaa is accordance with 28 CFR 42.301, g subpart E, that it has been signed into effect by the proper agency authority and d~sem~~•~~ to all employees, and that it is on file in the Office of wAYNE c. CARVALHO (name], 349 KAPZOLANI STREET, HILO, HAWAII 96720 (address], (title], for roview or audit by officials of the cognizant State planning agency or the Office for Civil Righn, Office of Justice Programs as required by relevant laws and regulations. Cj. G.~UJ7tG4c0 POLICE CHIEF JUN 14 1999 w c. cARVALHO [title] [fie] CERTIFICATION (NO ESOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN SO EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 28 CPR 42.301, ~ ,~Q. [signattue] [title] Expiration Date: 12~31/9g Revised 2(22/96 1 i wawa: t. w*araw~ ~ MA~O~ 7 ~ I II l I 1 I i The Affirmative Action Plan of the County of eawaii is II availacle for review at thQ Mayor's Office, Department o£ Civil `I Service, Kona Services Center, and public libraries, i i i STA:E`!EN" OP POLICY It is the policy of the County of gawaii to take positive and II continuing action to promote equal opportunity in its II emp".a.~^~ent ant ronr_tact programs and in its activities and ! Egsal ea?Loynent cppot*::nities extend to ali persons, regard:es.s of race, sex, age, religion, color, national oriaia, :;andicap, tnatitai status, oz arrest and court record. :t is *.he intent of ti::s polic•; to: Assure equal erwarmwnt in recruitment and evaluation of an individual's ability, knowledge, skills, and •.tcr" 2. E:sure ncn-discr;aination in all personnel acticr.s, including :.u r. nor. liaitad to recruit^enr., 3elee-LOr., assi.~nment, compensation, transfer, layoff:, and ;.a_:n~nocl:gyn. 3. E:~s~.::e t::at opportur.itias For career advancement are eased on oe;eetive standards and criteria valicly ~ re.atrd ro periiotmance and that the criteria ne appt;e~ r.~nslsr.er,Lly. Ptcviee t at the conditions'and oQnefics of work are ' availa~le agcally and al:ocatQd on the basis cf establisnad criteria and w;thcut diseriminar.ion, The ~~l:c•f o? equal opnor~unit'? shall be applied i~ accotcance _ witr. '_eceral, state, and local laws relating to equal empieyment ~opdr=~r.it.~ a;c aifirmacive action, :aerit system I rules anti :aqu:.ations, nro:•isions of collect°_ve bargaining ;aw 3ne contr:.c.x, and oci.er :;indir.c federa:, =nd =rate r.equire:~en.s. ! E~?$1T i~ . _ a.een ® U.f. DE~ARTM[MT OR JUf TIC[ OfFIC[ OF JUSTIC[ FROGRAMf OFfIC[ OF TM[ COMFTROLL[R Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tler Covered Transactions ' (Sub•Recipient) This urtltlutlon b required by the repulatlona Implementing Exeeutlw Order 12549, Dfbarmant and Suapenslon, 28 CFR Part 87, Seetlon 87.510, Participants' nsponslbllltles. TM reyulatlons vwn published as Part VII of the May 28, 1988 Feden/ Rep/afer (gapes 19180.19211). (aEFORE COMPLETING CERTIFICATION, READ INBRRUCT10NS ON REVERSE) (1) The prospectNe bwer tier participant uRltles, by aubmisslon of thla proposal, tMt neltMr It nor Its prlnelpals era presently debartsd, suspended, proposed for debarment, declared Inellplble, or voluntarily excluded from partlelpatlon In this transaetlon by any Federal department or agengr. (2) Where the proapeetiw lower tier paAlclpant is unabN to ceRify to any of the statements In this eertifl- utlon, such prospective partlefpant shall attach an explanation to this proposal. WAYNE G. CARVALHO, POLICE CHIEF Name and Title of Authorized,Repnsentatlw C4~1~1 ~1.~-0 JUN 14 1999 Slpratun Oate HAWAII COUNTY POLICE DEPARTMENT, COUIVI'Y OF HAWAII Name of Organls=tlon 349 KAPIOLANI STREET, HILO, HAWAII 96720 Address of Organitatlon os soRr .enn IRlV. 7871 r,w~an ~ak~. ee~err.