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HomeMy WebLinkAboutCOM 0108.012 2022-2024Mitchell D. Roth Mayor DATE: TO: VIA: FROM: County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Flawai'i 96720-3998 (808) 935-3311 Fax (808) 961-2389 August 21, 2023 HEATHER KIMBALL, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS [I POLICE CHIEF Benjamin T. Moszkowicz Police Chief Reed K. Mahuna Acting Deputy Police Chief RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 23-50, SECTION 7(1) Name of Grant Program: STOP Violence Against Women Formula Grant (Hawaii SAFE/SANE Coordination and Training) Grantor: State Department of Attorney General, Hawaii Criminal Justice Data Center County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): 22 -WF -07 Amount of Grant: $71,158.00 Amount of County Match: $17,790.00 County Revenue & Expenditure Account Numbers: 010.201.5219.67:3302.37 Grant Period (Commencement & Completion): June 1, 2023 to May 31, 2024 Purpose of Grant: To improve Hawai'i County's response to violent crimes against women Is final report required by grantor? Yes ❑ No Notification attached: Yes ❑ No, because Comm. No. Ref. To: "Hawaii County is an Equal Opportunity Provider and Employer" Ref. Date- SEP 1 2923 The Honorable Benjamin M(.)szkowicz Chief Of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear ChiefMoszkoxvicz: Enclosed please find the fully executed agreement. for the following, proj Cl ect: Project Number: 22 -WF -07 Project Title: Flawai'i SAFE/SANE Coordination and Trainino Project Period: June 1, 2023 to May 31, 2024 Project A11101 -int: S 53,368.00 (Federal Funds) S 17,790.00 (25%, Agency Kati S 71,158.00 (Total Project A1110unt) You may hegin to request funds for your project by Submitting a completed Request ('()I- Funds Zl 9 - and Cash Balance Report (RFF) to 01.11- OffiCC, If You have any questions or concerns rcoardino the agreement, please contact Felix Mata, Criminal Justice Planning Specialist, at 808-586-1153 or felix.s.ii,iata@litwtiii.gov. We took forward to the implementation of this project. C11 Sincerely, Julie Ebato Administrator JEIFM Enclosure c: CPJAD Fiscal Office Re: 23HQ088S JOSH GREEN, M.D. ANNE E. LOPEZ GOVERNOR f A' TOR I IFY GENESIAL PI MATTHEW S. DVONCH FIRST DFI% TY ATTORNEY GC.NERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL Ka '01hana 0 Ka Loio Kuhina CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION 235 S. BFF(F 1 ANIA S-11FE 7, SUITE 401 Flw,,ot_u_u, HA,.vAit 96813 ALII)LISt 10, 2023 The Honorable Benjamin M(.)szkowicz Chief Of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear ChiefMoszkoxvicz: Enclosed please find the fully executed agreement. for the following, proj Cl ect: Project Number: 22 -WF -07 Project Title: Flawai'i SAFE/SANE Coordination and Trainino Project Period: June 1, 2023 to May 31, 2024 Project A11101 -int: S 53,368.00 (Federal Funds) S 17,790.00 (25%, Agency Kati S 71,158.00 (Total Project A1110unt) You may hegin to request funds for your project by Submitting a completed Request ('()I- Funds Zl 9 - and Cash Balance Report (RFF) to 01.11- OffiCC, If You have any questions or concerns rcoardino the agreement, please contact Felix Mata, Criminal Justice Planning Specialist, at 808-586-1153 or felix.s.ii,iata@litwtiii.gov. We took forward to the implementation of this project. C11 Sincerely, Julie Ebato Administrator JEIFM Enclosure c: CPJAD Fiscal Office Re: 23HQ088S AGREENMENT by and between the ATTORNEY GENERAL STATE OF HAWAII and the HAWAII POLICE DETARTMENT, COUNTY OF HAWAY'l Relating to FIroJect No. 22 -WF -07 This Agreement ("Aareement") is effective. as of'June 1 .2023 (-Effective Datc-), by and between the Department of the Attorney General, State ofFiawail (-Agency") and the Hawai'l t)-olice Department. CqqqlyoLHawaii whose business address is 349 Kapiolani Street. F Ldo 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.`. . 1 -796 et seq., as amended (herci1nat 'ter " Act"), wn as ea cted to make grants to states for developing mid strengthening effective law enforcement and prosOCLI1,01-ii.11 strategics and victim services in cases involvingcrimes agrainst women, C� - WHEREAS, offices and agencies of the state go vern njell I, Units of local government, C, C�l C, Indian tribes, and non-prol-it, non-governmental victim services programs '11-C eligible to apply to C� Z�- Z:�, States f0rSUh1!rantS Under I[Vk'ellt�' broad I'Mi-pose areas, Z!, - WHEREAS, the Governor has designated the Agency to serve as I-lawiliFs office for administering the federal financial ISSiStaIICC Under the Act, C�l WHERIHAS, Against Women Ag Agency applied for STOP Violence F'01 -1111,11a Grant Cr C Pro -ram (VAWA) FLIJICIS in tile form of a STOP VAWA award: WHEREAS, on or ahoui September 13, 20221. the Office on Violence Against Women COVW-). tJ.S. Department of JLIStiCe, awarded Agency S1,058,285 in STOP VMVA Funds, C Award No. 15,10VW-22-GG-004 I 9 -STOP ("Award")-, WHEREAS, Grantee Is (ILIZIllfied to receive fLIII(IS LlVailahlC to the State Under the Act and its respective implementing g I-CCILIlatiOnS contained in the STOP Violence Against Women C, -- Formula Grant Program Guidance, and the Uniform Administrative RCCILIireI1ICIItS. COS C4 , t Principles. and Audit Requii-einents in 2 C.F.R. Part 200, its aKIOIMCCI and supplemented by the Department of JUSLiCe In 2 C.1"K Part 2800 (toLcilicr, the -Part 200 UlnifOrm RCCjLli1-en1C1115­) (VAWA FY 2022 (Counly) Re%. 3/2023) and has Submitted an application to Agency for receipt of the same as az SUbgrantce, a copy of - which is altached hereto as Exhibit "A"; WHEREAS, Agency has reviewed Grantee's application for funds, and I,, satisfied that C� Grantee has demonstrated that Itis ready, willin-Z- and able to perform the services described herein, and that Grantee Is capat.)IC Of Using the requested federal funds appropriately-, and C� WHEREAS, Agency is satisfied that the requirements of the Award have been met for purposes ofentering into this Agreement, t� AGREEMENT NOW TI-411"REFORE, the Parties, for and in consideration of the covenants, conditions, agreernents, and Stipulations set forth herein, the receipt ol."which is hereby acknowledged, agree as follmvs: I. SCOPE OF SERVICES Grantee shall, in a timely and satisfactory manner, as determined by Agency, and in Z7 accordance with the terms and conditions Of this Agreement, furnish all labor, materials, and L, equipment necessary to satisfactorily perforn-i the services (hereinafter, -Scope of Services") described in Parts It and III ol'Exhibit "A," attached hereto and Incorporated by reference herein. 2. PROJECT PERIOD Grantee shallp erform the Scope of Services within tile project period ("Project Period") specified in Part I ol'Exhibit "A." 3. TERM OF AGREEMENT , I"he term ("Term") of this Agreement shall commence on the F11'ective Date and shall terminate on the date Agency accepts the final financial reports (Request for Funds and Cash Balance Report ("RIFF") and Project Expenditures and Obligations Report (**PEO")) from Grantee Linder this Agreement (-Termination Date"), unless sooner terminated as provided C� herein or as otherwise agreed to in writing by the Parties. 4. NMATCHING FUNDS Grantee shall ensure that matching funds in the amount of seventeen thousand seven 4:1 hundred ninety an(100/�100do�llars �,,")1,7190,00) is available for Grantee's use to perform the Scope of Services (hereinafter, *Required Matching Contribution"). Grantee shall maintain records which clearly and accurately ShO\V the Source, arrIOLInt, and the timing of match Z�l contributions. If, at the end ol'the Project Period, Ag,ency deterniines that Grantee (toes not have Oj Z:� (lie Required Matching Contribution, Grantee shall return all funds received from the Agency Linder this Mreenictit for which Grantee does not have the rcClUlred match. S. REIMBURSEMENT (VANVA FY 2022 (COLIMNI) Rcv. 3/2023) (a) SUI�jCCI, to aVailahility 01' funds, Grantee shall be reimbursed k:)r all actual, allo\N vahle, allocable, and rea-sorrable costs it, incurs in performing the Scope of Services under this Agreement in an anumm not-to-cxcced - -i , -I S L- dlorcinaftcr, "NTE AmounCy Grantee Lick nowledgcs and agrees �, - that it will not be reimbursed for any Costs it inCLU-S in CXCCSS OF the 14142 AMOUnt in performing, the Scope of Services umQr this Agreement. (b) Grantee ackno"Iedges and agrees Mal Agency7s obhgation to ivimhurn Granter.is subject to Agency's receipt of federal funds Under the Award, and at no (ince shall this .A,,,,,reerncnt be constnwd as an agreemem to reinhuNe or compasaw Chamee with fbmk other than those which are received from the federal government. Grantee further ackno"Iedges and a"I-CCS that fCCICra] 11111CIS Under this Agreement will be used to supplement. ImH not supplant. state or local Rmdk Whwe 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 sha111 submit to Agency: (i) A monthly RFF 1'01- costs it incurs in ped'orming the Scope of Services Under this Agreement within Wen (15) calendar days after the end of each calendar month. Grantee Shall submit tar Agency its final RFf',' drawdown Nvithin thirty (30) calendar days after the end of the Project Period: and Grantee shall submit to Agency in final RFF within sixty (60) calendar days after the end of the Project Period. (0) A quarterly PEO within fifteen ( 15) calendar clays after We end of each calendar quarter as ad lows: (A) For the Jar)Udl-y I'` 1111.OUgh N/Iarch 31" calendar quarter, the PEO is due April 150; (B) For the April I" through June 30"' calendar quarter, the PEO is due July 15": A For the July W through September 30"' calendar qUartUT, the PFO is due October 15": and (D) FOr the OCtOhC1- 1" 1111'01,1211 December 31" calendar L11.1,11-tCr, the PF',O is due January 15"', Grantee Shall Submit to) Agency in final PEO \\,ithin sixty, (60) calendar days after the end ()I* the project Period, (V.VXA FY 2022 (COUmy) Rc� . 3/2023) Grantee expressly acknowledges that non -adherence to the above deadlines may result III tire withholding of funds. Grantee shall continue to perform the Scope of Service,,, during the period that payment is being withheld. (d) If Agency determines that a RFF oi- PEO requires clarification arid/or revision, Agency will notify Grantee ,Ind Grantee shall respond with the requested clarification and/or revised RFF or PEO ,vithin the tirne specified by (lie Agency. Grantee expressly acknowledges and agree; that Agency may withhold payment unless and until such tirrie Agency determines Z:� that Grantee has adequately responded to Agency's I-CClUest for clarification and/or revision. (e) All I'Linds available for use Linder this Agreement shall be Subject to the altotment Z:� systern Lis provided in Hawaii Revised Statutes Chapter 37. (f) All payments shall be made in accordance with and Subject to Hawaii Revised Statutes Chapter 40. (u) If, at any time after payment is issued to GraF1(CC Linder this Agreement, Agency deterrnines 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 oi- withhold in equivalent amount from any payments Clue and owino- to Grantee. Z� (11) If, for any reason, Grantee is in possession of any funds provided to Grantee Linder 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 1.1111CIS Shall be returned to Agency within ten ( 10) calendar days. (J) 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 tirne Agency t�, C� C_ t- reasonably determines that payment can be Issued. Grantee shall continue to perform the Scope of Services during the period that payment is being withheld, G. CE RTIFI CATIONS Prior to, or concurrently with the execution of this Agreement, Grantee shall execute and submit to Agency the certifications attached hereto tis 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. 7. CONFIDENTIAL MATERIAL 0 (VANVA FY - 2 _2 (COUnIN ) Re%. 3112023) Any Information, clata, report, fe('01-d, SL,llllnldry. table, 111011, Or study OlVell to or preparedcl or assembled by Grallice under this Agivenicii( which is identified as proprietary or CoIll'ICICII(Ml information that Agency reql,ICS�S 1() be, kept confidential shall be Sal'e('UaJ-dCd by the Grantee and Z7 1 C7 Shall not he made available to any IIIdlVidLILIl or organization other than ally suhcontracLor to which tile 11WICI-1al May relate, With(Alt prior Written approval of Agency, Grantee Shall submit :1 corlipleted Privacy Certification for review and appr(wal prior to the CXpCJI(ll(LIl-C Of CLIMIS for the C.(.)Ilcctioll of, identifiable rescarch/statistic,d data, All information, data. or other nimerial provided by tile Grantee or the A, - lency shall he kept confidential only to tile extent pCrIllitted by law. Grantee shall comply \,vith the re(JUIrenicrits ()I' Chapters 487.1. 487N and 4,87R. Flawall, Revised SIalLItCS as api-fliCal)[C. 8. COPYRIGHT AND PATENT The Agency shall have comple(c ownership of all material, both finished all(] Lill fill iShed, which is &Neloped. prepared, assembled, or conceived by the Grantee I)LII-SLIant to this ,Agreement, and all such rnalet-Ml shall be considered -works made for hire." No St.111111lary, report, map, chart. graph, table. study 01- other d0CLIIIIel1tS or discovery, inventi 1 1011. or development produced III Whole Or in part will) funds made available under this Agreement shall be the SLIhjW of an application copyright or patent by or on behalf of' Grantee, its officers, a0ents, or Its enIpl0YCCS. 01' Its SLII)COMNICMI-S without prior wri(ten authorization from Agency. To the extent that any material, survinlary, report, reap, Chart, (TFaph, table, study, or Z� other documents, (.)I- discovery, invention, or development LITICICr thisAoreement is not recoonized as I zn "n work made for hire" as a matter of law, Grantee hereby assl'ons to the Agency any and all copyrights in and to the material, 9. CONFLIC' -l' OF INTEREST Grantee expressly represents that at the tinge this Agreement IS CXeCLIted, it presently has no interest, either direct or indirect, that W(Alkl conflict or adversely afTect. in any manner or degree, ILS ability to satisfactorily perform the Scope (.)I' Services under this Apreement. Grantee C I a I y C� covenant,, that this representation will remain tI-LIC thl-01-101101.11, the Term, InClUdingC- any extensions thereof. 10. PROGRESS REPORTS Grantee shall submit progress reports as required for STOP VAWA funds to A-encv as I-CC]Lllred by, the AcccpLanCe of %TxWA Special Conditions in Exhibit **B.*' Grantee's obligation Z' tca submit progress report.,, to A2'encY shall SUI-VIVC the expiration or termination of" this Agreement. 11. COOPERATION NVITH DATA COLLECTION; ASSESSNIENTS NAWA FY 2022 (Counl% i Rcv 3/202-�) Grantee expressly acknowledges and agrees that, it' requested by Agency, Grantee shall cooperate with, participate in, and/or SUI)port any data collection efforts, assessments, or information requests involving or relating to Grantee's performance of the Scope of Services Linder this Agreement. Grantee's obligations under this section shall SLJrViVe the expiration or Z - termination of this Agreement. 12. SUBCONTRACTING: ASSIGNMENT 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 tile Subcontract is in Z writing signed by both parties, includes all required provisions., and that the term of the zn Subcontract does not exceed the Project Period of this Agreement. Grantee shall also ensure that, the subcontractor has complied with all applicablc requirements and conditions before any funds are disbursed to the subcontractor, 11 INDEPENDENT CONTRACTOR In the performance of' the Scope of Services Linder this Agreement, Grantee shall be an independent contractor with the, authority to control and direct tile performance and details of the Scope of Services; however, Agency shall have a general right to inspect Grantee's work to C-1 47 L-1 determine whether, in Aocricy's opinion, Grantee is performing the Scope of Services in C! 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 claini or receive front 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'~ performance Under this Agreement. Grantee shall be responsible for payrnent 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 n 'ties that rilay he required ,,hall also be responsible for obtaining any licenses, permits and certificates in order to perform the Scope of'Services Linder this Agreement. 14. INDEMNIFICATION Grantee shall defend, indemnify, and hold harmless the State of Hawaii, Agency, and C11 their officers, agents, and employees from and against all liability, loss, actions, claims, Suits, 1� - damages, and costs or expenses (including attorneys' fees) arising Out Of, relating to, or resulting Z-1 Z-- -1 L- Z�l from the acts or omissions of Grantee, its officers, employees. agents, Subcontractors. and/or Z� SUbgrantCCS Under this Agrectrient; provided, however, that this provision shall not apply if Grantee is a State agency. The County of Hawaii will inderrinify the State of Hawaii, Agency, and their officers, Z71 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. The provisions of this section shall SUrViVC the expiration or termination of this (VAWA FY 2022 (C'()Ljijtv) R,�\,. 3/21023) „\gree I I I C n I . I i. NIODIFICATION OIC' CONTRACT (rt) -\j0dit'iCati0n hV1MLILLI4tl A,-,rccment, ;\t any time durim,l the Pro ect Ie 'o C, J rl d o f I h I S AIL, rec tile ril - the Parties irwy inake niodil'ications within tile general scolic ol' this Agrc:crncnt by Li ritten amendment signed by both Parties, (h) Unilateral Modification by Agency, At Project Peri any time during the Pro Period, but no I J later than 45 days prior to the end of the Project Period, the Administrator of the Crime Prevention and Justice Assistance Division ("CIIIJA Acliyiinlstrajor-), as (lie LILIthorized Iles Ones gal the Attorney General. may Psi -le a unilateral written project grant modil'ication notice \vhich directs Grantee to make the following changes effective as (-)I- the date specified in the. written notice, or if tio clitic is specified, as (-)I' the date tile written notice is approved (hereinafter, "Modification Notice")-. (1) Changes in the Scope of within the scope of Agreement: C- z:1 Charl-es In the Project Period that do not alter the scope of the Agrceriierw 01” (111) Changes in Project Direclor or Financial OfTiccr. Z-- All ModiCication Notices issued by the (I IIJA Administrator shall he incorporated in and made a part of (lie Agreement. If the Parties agree that a Modification Notice increases or decreases Grantee's cost of perl'Orniance of the SCOpe of SCI-ViCeS Under this Agreement, all ad * jUS1,111ent to the NTE Artiount shall be made by written arnerldniem to the "\ureernent, If Grantee believes that it is entitled to an ad - justment oI' the NTE Amount as a I-CSLI]t Of' a Modification Notice, Grantee ShztII file a written Clitin-I Within JCAII-tCC11 (14) calendar clays after receipt of the Modification Notice or prior to final payment Under this Agreetlient, whichever is shorter: provided, however, that the CPJA Administrator FnaV eXtCrICI SLICII Period for filing. "I'l I C frernent for film,) a timely written clalin for an ad I -C CI U JUS1111CIlt ol' the NTE Amount cannot he waived and shall be it condition precedent to the assertion of it claim. Failure of the: Parties to agree to an adjustment of tile NTE Arnount shall not CXCLISe Grantee from proceeding with the Agreement is changed by the Modit'ication Notice. The right ot7 Grantee to dispute the N'I'[-,' Amount shall not he waived by its pci-forinimcc. provided Grantee timely files a written claim, 16. TERNIINA,riON FOR CAUSE, CONVENIENCE (it) Termination J'OI- CaU-SC. It' Grantee breaches any of its promises or rails to SatiSfaCtol-IIV PCI -101-111 or I'LlIl'ill its obli0ati 1011S Under this Agreement. Nocncy ma�, nobly Grantee in writing Z� C7 of, Grantee's breach or nonperl'OrIllarICC Under this Agreement (hereinafter, ",Notice oI, 11 1 Matift"). It the breach or nonperformance is not CLII-ed within ten (1Q) calendar clays of the Notice of Default, or within some, other time as may be specified by Aoency, Agency inity terminate Grantee's right to proceed with this A-1cerneill Or portion thereof* by proviclin" C-4antee with a written notice (.)I' termination (hereinafter, "Notice of TernlinatiOn IOr CLILISC­). The Notice of' Termination for UAISC Shall be effective. as of the date Of such notice I.1nICSS VA"'A FY 2022 (COU W R�:� . 3/2023) otherwise specified. The Grantee shall continue performance of the Agreement to the extent it is C, not terminated. Notwithstanding any other provisions to the contrary, Grantee shall not be relieved of liability to Agency for damages sustained by Agency hecause of Grantee's breach or nonperformance Wider this Agreement. (b) Termination i'or Convenience. Agency may terminate tills Agreement., in whole (,)I- in part, at, any time when the interests of the AC-cricy SO I-CCILlire by giving written notice of 4:11 such termination to Grantee (hereinafter, "Notice of Termination for Convenience"). The Notice of Termination for Convenience shall he effective as Of` the date Of Such notice unless Otherwise specified. The Grantee shall Continue perforrmance of the Agreement to the extent it is not terminated. (c) Grantee shall be entided, to be reimbursed for all allowable, allocable, and reasonable costs actually Incurred LIP to and including the date of Grantee's receipt of the Notice Z� of Termination for Cause or Notice (fl' Termination 1'or Convenience, whichever is applicable. Any costs Incurred by Grantee after Grantee's receipt Of' Such notice will be eligible for C� reimbursement only it' they represent Unavoidable or reasonable wind -down costs as detert-nined by Agency in Agency's sole discretion. C_ (d) Notwithstanding the termination of this Agreement, and Subject to any directions 1*1-om Agency, Grantee shall take all timely, reasonable steps necessary to protect and preserve C, property in the possession ol'Cirantee in which Agency has an interest. Agency (e) In the event of termination of this Agreement, all finished or unfinished documents, reports. Summaries, lists, charts, graphs, snaps, or other written material developed or prepare(] by Grantee under this Agreement shall, at the option of Agency, become Agency's C� - property and, together with all information, dat.a, reports, records, maps, and Other materials (it* any} provided to Grantee by Agency, shall be delivered and surrendered to Agency within Such iltne specified by Agency. Z-11 1.7. WAIVER The failure of Agency to insist upon strict compliance with any term, provision, Or condition Of* this Agreement shall not constitute a waiver or rClinClL1IShrnCI1t_ 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 ariv other or further violation. 18. DISPUTES Any dispute arising under this Agreement which is not disposed of by RILItUal agreement of the parties within fifteen (I5) calendar days shall he decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and Z:� 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 ,hall proceed diligently with the performance of this Agreement unless otherwise directed by Agency. (VANN"A FY 2022 (Counl%) Rc\. 3/2023) 19. GOVERNING$ LAW The validity of this Agreement and any of its terms or provisions, as well as the rights C_ 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 broualit, in a state Court Of competent jurisdiction in Honolulu, Hawaii. 1� 20. SEVERABILITY Should any provision of this A,-rcernent 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 front this Agreement. I 21. ENTIRE AGREEMENT This Agreement sets forth all of the agreements, conditions, understandinas, promises, C� 4:n warranties, and representations between Agency and Grantee relative to this Agreement. This zn ZD Agreement Supersedes all prior agreements, conditions, understandings, promises, warranties, 0 C� C�l and representations, which shall have no further force or effect. 22. AUTHORITY TO ENTER INTO AGREEMENT Each Part), 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 clecaied an too original, and all SUCh counterparts shall ether constitute one and the same agreement. C� Z_ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. "Agency" DEPARTMENT OF THE ATTORNEY GENERAL., STATE OF HAWAII AP R ED AS TO FORM - Deputy Attorney General By: Matthew S. Dvonch Its: First Deputy Attorney General Date: (VAWA FY 2022 (County) Rev. 3/2023) APPROVAL RECOMMENDED: By: Beni nein Moszvwica Its: Chicl'o('Police: Date: JUL 1 4 2023 APPROVED AS TO FORM AND LEGALITY: 5 B y/ j DEPUTVIts: Corporation Counsel Date: oNppruv#,)d cis to Availability of Furtdb 1*0 tho amoun�s ano for the purposw set forth ------------- DIRECTOR Of TINAH= JUL 1 8 2023 ' Grantee" HAWAII POLICE DEPARTMENT, COU'N'TY OF HAWAII 7 By: Mitc ell D. Roth Its: mavor Date:/` (VAWA FY 2022 (County) Rev. 3/2023) CRINIS PREVENTION ANDJ U'STICE ASSISTANCE, DIVISION 1) EPA IZTNM ENT OF 'I'll E ATTO RN EY GIENERAL 235SOLItliBei-et<tiiitiStiCCI,SLlite4O),11()I101tl]Ll.il�lWtlI 96911 APPLIC'ATION FOR FY 2022 STOP VIOLENCE AGAINST WOMEN 1, ORNIULA GRANT PART L TITLE PAM? A. PROJECTITIT': and Trainill W A PPLICA NIT A G E.N C',Y: Huwail' I Police Depart-ruent- C. ADDRESS- 3-19 KaEiolaniStrect Citv Hilo_.--- Zip Q 6 72 0 -- ---------------- SYSTEM FOR ANVARD N1ANA(-;EN1F:NT Unique Entity 1). (SAIM): M Yes [:1 No Identifier U E 1): W95V1AED1YJY5 PRIMARY PLACE OF Zip + 4 E. PERFORMANCE: City Hilo State Hawaii digits 96720-3912 F. PROJECTIVERIOD: From Jun(: 1, 2023 To Nlav 31, 2024 AUTHORIZED VA\VA PURPOSE 1 Z 2 n 3 FI 4 Z 5 [1 6 [:] 7 FI 8 F1 9 n 10 [1 G. AREA(S): 11 n 12 n 13F] 14 F-1 15 E:1 16E] 17 [1 1 Bn 19 M 20E] 1® 2 M 3 n 4 M 5 F-1 H. FUNDING PRIOR11"YAREAN: 6 F-1 7 El 8 Z 9 R lo F] I. TOTALPROJECTCOST: ... ... . ....... SOURCE OF RINDS � -= � PERCENT J Federal I unds 7514 A(-yencv Match ........ . ... ...... ....5 ( . .. ......... . .. ...... TOTAL 10014 J. PROJECT DIRECTOR Name: Robert P. PM101C1"il1c. Police Lieutenant------------- - ------ Address: 349 Kapiolani Street. Hilo, Fkmali 90720 Telephonc: 8()8-1')b 1-2254 - ---- ---- ---- -------- - - ----- ----- ---------- ----- E-Nfail: roherl,pauole cdi hawai icou 11tv .Oov --- - K. FINANCIAL OFFICER ANIOUNT S 53,36SM S1 7.790J)O $71.158.00 Name: Kelsic Kailitili Ti0c: ACCOLIMMIt 11L H11MICC SCCtlioll EXHIBITA \(;Iviq,\ 1) 41 VA, A',' A p p I ication for LE, and Pro(Ree 1/20237 APPLICA,riON FOR STOP VIOLENCE AGAINST INTOWN CW'RANT PART 11. DESCRIPTION OF PROJECT Xof,U f -his form do4, no pfo% ide 'poll ClICCL A. THE PROBLEM The HPD views violence against wornen as ',I Serious and on-going problem. HPD Currently serve," resident,,, and visitors to tile COLInIv ofHawai'I which is considered a rural/isolated location, In 2022, there were 1,369 Abuse of a Family or I-101.1sehold N/lernber cases initialed by HPD, and 1,306 in 2021. This is an increase from the previously reported 913 in 2020. 111 2022, HPD also responded to an 'additional 5,238 domestic related calls not resulting in criminal action. According to the National Coalition Against Domestic Violence (NCADV), 34.7% ofl-lawai'i women and 24.17r of flawal'i rncn experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifelillies (NCADV Hawai'i Fact Sheet), Victims of sexual aSSaLII1 and domestic violence include men, women and children who range in ave from very young to the elderly. Thc,f-IPD recorded 184 sex assault reports in 2021 and 181 reported in 2022, According to ,I,ILIIY 22, 2022 Centers for Disease Control (CDC) report, over half of women and almost I in 3 men have experienced sexual violence involving physical contact during their lifetimes. One in 4 women and about I in 26 men have experienced completed or attempted rape. Additionally, more than 4 in 5 feniale rape survivors reported that they were first raped hefore age 25 and almost halt were first raped as a minor (i.e., before age 18). Nearly 8 111 10 male rape survivors reported that they were made to penetrate sorneone before age 25 and about 4 in 10 wcre first made to penetrate as a minor. Sexual assault arid domestic violence adversely affect the community ofFla"lal'i County, the criminal 'UStiCC System and law enforcement agencies which include the Hawaii Office of j the ProSeCLItilla Attorney and the Judiciary. Sexual assault and domestic violence against women have previously and IS Currently beino addressed by all these agencies along with multiple ilon- Z7', profit organizations. It is important that this problem be addressed for the health and Safety of our families, residents, and C01111111,111ity as a whole. In 1995. HPD established tile Sexual Assault Forensic Examination (SAFE) Pro-rarn to improve investigations of sexual assault cases and effectively address the needs of* victims. The SAFE 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, evalLiation, and classification of various injuries resulting from traumatic sexual contact. SANEs also receive training in performing a medical -legal examination, forensic photography, evidence collection, report-writin'-, and other methods of documenting injuries For e ideiitizil purposes, In March 2021, SANEs trained specifically in strangulation forensic exams vi I began providing services to strangulation victims on the island. The collected evidence and testimonials provided by the SANEs to HPD's CID, Sex Crime Unit AWCHAD 0 0 tRev 01/2023) (S(A., ), and JAS deaectWs and the cotuaty pRoecutarrs have wninibuted ta) the successful prosecution of sex assault offenders. I rom July 2021 to present day, there were 50 SAFE exanrs and 23 wtrnngLdM&n exanKn<ttions perl'o med. From 11,195 to 2010, the SAFE PrcTnun was spcLtrwaded by an experienced certified SAW who "us employed with the ov(wnty. TO SANE coordinator was responsible for all aspects of tyre program ancf �. orked directly with the CID, SC:'1' ,and JAS peNonnel. In October 200. the SANT, coordinator retired and efforts to till the position were urrstaccOssf'ul due to lack raf epuaalified candidates. The position vas subScalucntl�' unfun(l d because the poshion couldn't be filled and the fundin,2 m as used clsem"here. Wittuatat the: SANE cmmAnwor, 11PUs SAFES Prograutr lacked the quality assurance <activities, Nckdkg quality improvemen6 goals and peer revic:vvprocess. Peer review or revickv to, a certilied SANE is critical to ensurin47 cc"wistency of victim aware Land the quality of wponing and evidence colleetion. E..a.wk of peer review caul! result in less of skills, inadequate knovv)s.°dge Of up-to-dLIC processes, acrd increase in errors that could lead to cc:>rnp>rc:rnlised evidence. To continue with the SAFE Pn)gram. HPD used Vio nwe Against Women Act (`t/AWA) funds and outsourced what was previously an in-house prcagRML The comracted provider took on the role of SANE recrtntment, coordanated SAFE trainirtg and pmceptoNhap, maahuMnal cover ge of SANE s in both East and West l lawak managed the. island's SAFE rooms, developed policies and procedures, and developed as peer review process.. For this funding, round, HPD will use VAWA to Continue rec ruitnrent and training for the SAFE/SANE, Program, allow the: contractor to function as the provider of services to victims, and to replenish supplies which will aid in data collection and service to victims of sexual assault turd domestic violence. Additionally. HPD will work collaboratively with. SAW and community partners to effectively, respond to victims of .sexual asna ilt and identifyArnflement hest practices in investigating asexual assault crimes, The YWCA had successfully completed a request for prc:>p:]osal far the continuation of provichng the cooixiination of SAFEWNE services Lind "as awarded the contract with tfae C.,OLlnty of Nawar i. This is a continuation pra.ject which currently utilises and relies on VAWA fundin;?. 13. GOALS A w E7 OWECTIVES Goal: To improve Mail C uniy`s rcaponse to Went crimes against women throux.11-1 comprehensive medical and forensic services 10 v ictinrs or sexual assault and domestic violence, Objectives: To recruit and complete dpdactic training/cpucalification for 2 or more SAT nurses duriu��71 this grant period, +�tJt''i',1A1) �'i[al (a'sco taCt?t)?:iP To provide strangulation training to HPD staff to Increase the pont of available trained I zn� t� strangulation examiners to perl"OrIll .Standalone Strall"Ll I Litton examinations.zn C, 3. '"I'o improve collaboration between the YWCA, HPD and Sex Assault Response Team (SART) members through regular Unectinos., consultations, and trainin-s/conferericc (as available). 4. To provide training for JAS personnel which Is victim centered with f0CUSeS on domestic violence and SeXUal aSSLIUIL. 5. To improve SANE response little to S,"-\ and/or Strangulation MIMS to obtain a baseline for future tracking. C. PROJECT ACTIVITIES YWCA Continue to recruit by advertisement at hospitals, clinics, various medical websites, and employment websites. 2. Contract registered nurses to become approved SANEs to provide SAI --E services island - wide. 3. Train for duty nC\V nurses to become SANEs. 4. Maintain the Secure Digital Forensic Imaging (SDI -','I) systern, the camera system in place Z:� c7' '!77 for evidence collection In the SAFE rooms, implemented in I-lawai'i County. 5. Provide stranoulation training to I-IPD staff. C -- 6. Provide narrative and statistical progress reports to I lPD to meet reqUil-CIVICIltS Of contract fundI1101 7. Participate in the Inter -Agency Council (IAC), Big, Island Coalition Against SCXLIaI and Physical Assault (BICAPSA), Hawaii Sex Assault Resource and Training (I-ISART), L- Hawai'i Coalition Against Sexual Assault MCASA) and other meetings or C� meetings (cis availabic) involving the SANE program services and/or L� Z� C7 coordination of care. 8. Document response times for SANEs to SA and/or SA/Strangulation exams requested by HPD. HPD Assign a JAS detective to respond to the respective hospital for all SA, SA/Strangulation and/or Strangulation Cxan-Is. 2. Assign four HPD Staff to obtain SDFl training for Strant'LlIation exams. ZZ! 3. I responses by SANEs to a SA 111(1101' Strangulation exam. Document all quick I I,- AGJAIJAD #I(a) (ReN 01/2023) 4. participate in the Inwra\,gcuCy Council UAU Big Idaml, Coalition Against Sexual and Physical Assault (BIC. APSAY Fhmaii Sex ,Assault Resource and Tindning MARK Hm,� ai'i Co-alition Sexual AssaWl (HC ASA) and ottier meetirqb or trainingn/conrcrences (in avaikible) involAng dw SAITE prognun Services andhm- cmwlnmkm ofcmc. f -allow ill) to ensure cwl�lpjction of the SIFT training io HPD smrf to perkwni Suninguhubmi exams. Provide SA and LIOMCMiC ViOWCO type trainin for -JAS dCtCCtiVCS HUOL12111 111-SCIA"iCe, "Mum -s or other qTc of mining opywWnhies. Document the number of "Ifeasonable Respnnse "Fide" for SAN F,s to response lo SA and SA/Sir,in.,tLilation exams. ThOrOUghly invesUgatc Sex Assault and Abuse cases assigned to the JAI; and subunit for prosecution as soon as practical. PROJECT TI-/,,kTLQ, ' AN" DJ — A A UNff NT Ws project will be managed by IIPD's Aaca I Juvenile Aid Section. The project director is Lieutenant Robert Pauole who reports to Captain Rio Arrion-Wilkins, the comma nder of FIPD's Area I CID. The project director- will track and approve (lata and billing provided by tile subcontractor (YWCA or Wrwaii Mind) along with matching services and hours for HPD personnel, 'I"his data will he reported to the State Office of the Attorney General as indicators of performance. The project diremw will also schedule training for H13D personnel relative to SCUlal aSSaUlt :111d d0111CStiC ViOfenCC. The flinaimUd officer is Accountant I I I Kelsie KaHiuh of the HPD Finance Section. The financial officer will review requisitions f(w biding and generate requests for funds (RI -F) and submit these to the State Office of the Attorney General. The financial officer will also update omill expenditures, The YWCA Prognmi Director will cooKinate SAW nurse ImKing and wcrtiimwnL The YNVCA mWI pmvdc certified SANEN m perforin SA anWor SINIngUlatiOn CUMS LIS needed. E. PERSONNEL, The follo"Ang FIPD personnel will provide the 251,,;_ agcricy match: lieutenant Robert Put.101C (SCU/JAS, Area 1) will provicic n-iaLch services during Its duties as the Program Director and supervisor of detooKs of Area I JAS. 2. Captain Rio Arson -Wilkins will provide match services during Its duties as COnniander OrCID as it relates to JAS. 3. HPD SCIYJAS: Lieutenants (Areal I and 11) Lind twelve t, 12) Detectives (Areas I and 11) W spend over 40+ lums per month paNctating in unuMisciplinaq nwe6ngs or %W(I"I AA) #1 (n) OzeN 0 1/2023) traininos; and conducting interviews or interacting with ViCtilnS 01' SeXULd assault (a11C I I Or P__ Z:� t, older) and victims of" domestic violence. The following HPD personnel will assist in managing the project: I - Kelsie Kaifil.111, Accountant 111, will serve as Financial Officer, 2. Police Investigative Operation's Clerk will provide supp(-A-t with fiscal activities. F. PARTICIPATING AGENCIES The HPD collaborates with the YWCA of Hawaii 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 (C.IC) of East and West Hawaii; Sexual Assault Treatment Center (SATC); State Department of Human Set -vices; Prosecuting Attorney of Hmvai'i County; Hilo Medical Center (HPD/YWCA have a Current N/lOU with Hilo Medical Center), Kona Community Hospital and North Hawai'l COMMUnity Hospital. G. PERFORMANCE INDICATORS AND REPORTING Performance Indicators To have two or more additional nurses recruited and trained by the end of the grant period. Z� 2. To have four I­IPD personnel trained to perform Strangulation MIMS US111g the SDFI systern. The number of BICAPSA, IAC, and HSART 1111.11ti-disciplinary team meetings attended by - HPD and YWCA personnel. 4. provide training opportunities for JAS personnel on SA and Domestic Violence. Improve response time of SANEs to the hospital to performs exams. Outcome Measures Two or more fully trained SANEs by the end of the grant period. zn Four fully trained I-IPD personnel on the SDFI System by the end of the first quarter. I IPD and YWCA 'attend four each of the 13 ]CAPSA, IAC, and I ISART meetings 4. JAS personnel attend In Service Training, webinars or other type of training on SA and Domestic Violence. Document the number of quick responses of SANEs to perform exams in order to obtain a baseline for future reporting, AGAT.JAD fl(a) (ReN 01/2023r I [. 1'KC BA- 1311_.IT)' 'R) ItNil'ROVE TI IF t_"l�i�ii�,r,11_...1(.1'� 1'IC'1 S`r'STI 41 The I lawai,i Police �� SAFE 1'rc)grarn mum conuawe to pnwhic laiody q:.itr rnec and re,pc)nsi,e medical and forensic services es ui victims of sexual a,s ndt, and iic) nemii violcrice. 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CVll 0 N'S * AcceMmcc of Qndihmv (AGWINAD #147 * Ammaricc of VANVA Specdal Conditions (AG/CPJAD 426) * Unification ol'Non-S uppi ant i rig (A(.--i`/CP.IAD #3) * Certification of Non-f0crimination (A(;/CPJ AD 415) * Qr6fic at On of No, 0wrindma On Complaint PrOCC(IL I IVS (A (,-iiC PJ A D H30) * Certification Fomi — Compliance kvith the LcILIA Exi-il-floyment Qwnunhy Man Requirements (C)l`413 C%W Nm 1 12 KOW) * Ccrtihcaaioji Rcgmdkg rkhmnwm, SuVen4m, Incligibility. and Voluntary Exclusion Lo"or Tier Cbvavd lVitisactiow, (S Ull- RCCi I)iCill) ((AJC' Form -1061/1 ) * Cenihcwc ofCollaboration (AG/(,P.JAD #24) * Ccrtificati(,m Rcgmdkg Forensic WWI Exaninmion Payments and Polygmph Tewhzg, Prolribilion (AG/CPJAD #34) * Cenincation RegmTrig Oiling Costs nn CNindrial (TaTes or Protection 0rdcr,, and Judicial Notification of Firearms Prohibition (AG/CPJAD #35) EXHIBIT 11 i VAWA 1--Y 2022 (Coum) Rn - x/202,) DEPARTMENT (Mi THE ATTORNEY GFNHRAI Crirm° al1d Jc1stl(:c AwsistAncC 1)i� isia�n AC`(.:`EPT yNC E OF U)NDITION The uttdcrsigned agrees, on behalf' of the applicant agency, drat: 1. ThiS projCc°t, ula011 apprtlVal, shall c<rtts(itute all 0fficild part 01 Il'Maii'S Violence �aain�t Women F'ornrula Grant Prograin established under 'Fide IN/ of the Vicrleru Crime C'onlux)l and Lav L:r7fcrrcenient .pct c?I` 191)-1. Public Lati No. I()3-21 2. ,,%ny grant awarded pur Nath to this application sh&l he sUhj pct to and will be administered in Coll fol -Ill ity Willi: (a) general conditions alldicabic tcs ad nWistration of zgranls under 'Title IY/ of the Vil:dent C hme Control and l._atic Enfcrr onicnt r1c:t. (A' 199-4. Public Law No. 103-322, as applicahlc; (b) conditions applicable to the fiscal administration of grants unc.lcr "Title IV of the Violent 0-imc ('ontrol and Law Enforcement Act of 1994 Public L-aw No. 104321 as appkahle—, (ei any special conditions contained in the gnmt awmd; and tdt general and fiscal regula0cins of the C'rin)c Pre�enticrn and .Iustice :1 sistance. llvision. 3. Any grant received as a result oT this application may be terminated, or fund payment may be diwc()rltinLlCd, by the C'rinlc Prevention and .IUtitiee Assistance Division when it finds a substantial failure to comply with the foregoing prlrtisims, the application obli< ations or FCA- 11017-aVailability of ftlncls. S1,11NITITI :1) Hl : Name: 1litciiell C:). lie tl� Tule: 1�ency: flaw u1 1'tlic� {)eI� rri�7errt, (���crnt� 1�f f1a�-e�rir AG/CPJ'\D # t= \:`A1` A and S.ASP (0/2014) DEPA RTNA f"' NTOF' -IT IF: A] T(")R N L," Y GENERAL C'1_1111C PFCVC11tion told JUStAce Assistance Divisi011 AC CEPTANCE ()F'VAkV.A SPECIAL (. NDITIONS for Government Contracts) The undersi(-'ricd Grantee understands mid aurces, Oil hChalf'of its agency, that: 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 LISSUMFICCS Submitted by or can behalf 'ofthe GNUILee that, relate, to conduct during; the period of performance also is a material requirement of this award. 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 certificaLtion Or assurance` related to conduct dUrill(I the award period - may I-CSLII[ in CHAD taking appropriate action with respect to the Grantee and the award. Among other things. CPJAD may withhold award funds, disallow costs, Or SL1,SpC1ld or terminate the award. 'file Department of LIStice and CRIAD also may take other legal action as appropriate. Any materially fcalse. fiCtltiOUs, Or fraUdl.1IClltSLatcment to the state and/or federal -government related to this award (or concealment or ornission of material fact) may be the SLih ' ject ofcriminal prosculti011 (including Under 18 US.C. 1001 and/or 1621. and/or 34 L!7.S.C. 10271-10273), and also may lead to ittiposition of civil penalties and administrative remedies for J'€ilsc claims or otherwise (InClUdIng Under 31 U.S.C. 3729- 3730 and 3801-3812). Should Mly provision of reqUircillent of this award be licid to be invalid or unenforceable by its terms, that provision shall first be applied With a limited C011SIRIC(ion SO LIS to (TiVe it tile IMIXifflUrn eJTCC1, permitted by law. ShOUld it be field, instead. that the provision is utterly invalid or unenforceahle. such provision shall he deemed severable front this Lm,,,ard, 2. Applicability of Part 200 Uniform Requirements Gra mee aoC",rees to comply With tile financial and adIllini ILI istrative rec irenients set C)rth in 2 C.F.R. Part 200 and the CLUTC111 edition (,,)f the. Department of Justice MOJ) CirtantS Financial Guide. Grantee. understands and aLyrecs that C HAD may withhold award funds, Or 111LIV i1llpOSC other related reqUirenicrits, if the GI-anteC CIOCS not satisfactorily and promptly address OLI[StandinL,� iSSLJeS from audits required by the Part 200 I_Jniform ReqL1irCH1CntS (Or by the AG/CHAD #26 FY 2022 VANVA G "'pecia I Conditions ion, crc,, 051202) terms of* this award), (,)I- other outstanding issues that arise in connection vv(III audits, investigations, or reviews of'CP.IAD awards. Z, 3, epoi-ting Requirements Grantee shall submit a Scim-AnnUal Progress Report to CPJAD every six (6) months Following the calendar year. The progress reports are to cover activities that. Grantee has L- L, completed during that reporting period. The SCIIII-LI111-Mal reporting pCI-i()dS and Clue dates are: January I - June 30 Due: July 15 July I - December, 31 Due: January 15 A Final Progress Report is due 30 clays after the project end date and should report CUITILlIatively on the entire project ject period. The appropriate report form will he provided to each project by CPJAD (AG/CP.fAD #20). The report shall contain information describing progress, accomplishments, activities, changes, and problems ClUrithl the report PeFiOCI and any additional inforinallon specified by ('PJAD. The annual STOP report re(JUIred by OVW Shall he submitted to CPJAD by February I unless mandated earlier by CHAD. DOJ Regildations Pertaining to Civil Rights and Nondiscriniitiation 28 C.F.R. Part 38 Grantee, and any suhorantee at any tier, must comply with all applicable I-CCJUil-CIllCIl(S of 28 C.F.R, Part 38. Among other throbs, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of reliolon, I religious belie(', a refusal to hold Lt reli-L- IOLIS C, a* belief, or refusal to attend or participate in a I-eli('IOLIS practice. Part 38 also sets out rules Z, and requirements that pertain to grantee and subgrantee organizations that en-agZ711e In Or C C(AILILICt explicitly religious activities, as well as rules and requirements that pertain to grantees and SUbarantees that are faith -based Or I-eliZ711(IiOLIS organizations. The text of (lie regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at by browsing to Title 28 -Judicial Administration, Chapter I, Part 38, under e -CFR `'current'" data. .28 C.F.R.- Part 42 Grantee, and any subgrantee at any tier, must comply with all applicable requirements of 8 C.F.R. Part 42, specifically including an), applicable requirements in Subpart E ot'28 1�1 C.F.R. Part 42 that relate to an CqUill employment opportunity program. AG/CPJAD#2b FY 2022 VAWA Govt Special Conditions (rcvkod 05/202;0 Grantee, and any St.1hreciplent at ally tier, 1,111.1st comply with 111 al)JIlicahic FCCIL111-CrIlCiltS of 28 CTR. Part 54, which relates to nondiscrimination can the basis of sex in Certain ­CCILICallon prograills. Z7 Restrictions on "Lobbying" and Policy Developnient In .2cricral, as a Inatter of federal laW, I'CdCral I'LITICIS may not he used by the Grantee, oi- a11)` SUhl-CCIpiCilt ("subgrantee") at any tier, cither directly oi- Indirectly, in SUPPOrt Of the enactment, repeal, modifiCati011 Or adoption Of* ally law, lV01-dati011 Or policy, at any level of 0overnment, in Order to avoid violation of 18 U.S.C, 1913. Grantee, or any S1.1hreciplent ("S1.1l)-rantee") may, however, use federal I'Linds to collaborate With and provide information to federal, state, local, tribal and territorial public officials and agLilcles 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, SCUM] assault. and stalking (as those terms are defined in 34 U.S.C. 1229 1 (a)) when such collaboration and provision ofinformation is consistent with the activities otherwise authorized under this grant program. L_ Another federal law generally prohibits federal funds awarded from beim 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 g awarding - of a federal rant Or cooperative t_ agreement, SUbgrant, contract, subcontract, oi- loan, oi- with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain CXCCpLiOnS 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) WOUICI or mi(Tht fall within the scope of these prohibitions, the Grantee is to contact CPJAD for guidance, and may not tirocced 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 DO.1 Office of the Inspector General (OIG) any credible evidence that a principal, employee, auent, contractor, Subcontractor, or other person has, in connection with funds Under this C11 award — I ) submitted a claim that violates the False Claims Act, or 2) committed a criminal or civil violation of laws pertaining to fraud, Conflict of Interest, bribery, gratuity. or similar misconduct. Potential fraLid, waste, abLISC. Or misconduct involving Or relating to funds Under this award ShOLl1CI be reported to the OIG by Online submission Z:! accessible via the OIG webpage at (Select "Submit. Report Online"), or by: AG/CPJAD #26 FY 2022 VAWA Govt. Special Condilion,,, 0-k:viscd 05/2023) Mail: Office of the Inspector General U.S, Department Of Justice Investigations Division ATTN: Grantee Reporting 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 C� Hotline fax: (2021) 616-9881 Additional information is available from the DOJ OIG website at 7. 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees) Grantee, and any subgrantee at any tier, 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, di scritri i nation against an employee as reprisal for the I employee's disclosure of information related to gross mismanagement of a Federal grant, In zn - gross waste of federal funds, an abuse of authoiity 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 1� language of the workforce), of employee rights and remedies Linder 41 U.S.C. 4712. 8. Federal Leadership on Reducing Text Messaging While Driving Pursuant to Executive Order 13513, '*Federal Leadership on Reducing Text Messaginc., While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the CPJAD encourages grantees and SUbgrantecs to adopt and enforce policies banning employees from text messaging C, messaging while driving any vehicle during the course of C� work funded by this grant, and L, to establish workplace safety policies and conduct education, awareness, and other Outreach to decrease crashes caused by distracted drivers. 9. 'I'i-aining(s)/Conference(s) Conipliance 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, 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 C_ L� C delivered with funding provided Under this award must adhere to the OVW Training Guiding Principles for Grantees and Sub -grantees, available at htt AG/CPJAr) #20 FY 2022 VAWA Govt. Special Conditions (revised 0.: /2023) 10. Duplicate Awaa-d of` Federal Funds Granted a,_,rces that if it curMlly has ali �: ien award of federal funds or it it recekes an award of federal funds 01her than this C"PIkD award, and thaose award fronds have been, a.are hekg or are to be use& in "Tolc or in part, for one or more of the identical Cost items for Which ftmds are being hrn klc.cl under this C f-IJAD award. the granic �k ill promptly notify, ill writin.�, the assigned CAminatl JuMe Manning, Specialist for this C"F)JAD award, and, if'so requested by MAD. seek a budget Or pralject narrative Modification to clinanaaw any inaapprophate duplication of funchn,g. Further, the Grantee agrees and undcryamis that any duplicative funding that ctartnot be roprograrnrned tr> support non- rlufrfiC ati%'C activities Within the pro grarn,s ,tatutory scope: vvill he clMligalcd final dais award ::and returned to C'PJACD. I f. Restricthms and C' ertiticaatioans Regarding NonViselosure :agreements and related Mattors NO Grantee or sub`rnnucc under this award. or entity that receives as contract or SubContratt't with any funds under this award. may require any employcc or e.•oantmemr to son an internal confidentiality agreement or sudernent that prohibits or ctherea ise. restricts, or purports to prohibit or restrict, We reporting (in accordance with law-) of waste. fraud, or abuse to an investigative or law cnl-orcement represe rnaative of as f'ccleral departa wnt or agency authorized to receive such ill fOranaation. iz. Prohibited Conduct Related to Trafficking in Persons Grantee. and any stabgranteve at any tier, must colrraply with all applicable. requirements (including requirements to report allegation,) pertYainkg to prohibited conduct related to the: trafficking, of persons, wholle,r on the prat of Grantees, suhgrantee:s, or individuals defined UK purposes of this condition) as "enaplolyees" of the grantee or of' any subgrame. The details of the Grantee's obliegaa Ams Mated to prohibited conduct related to traffickirag in potions are postal can the DVW web site at 1tIp�:IJ�d a�� Ji.g aac� aaaylo>r. Iati� uol- ccanditions (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in pusons (including rgmrtin requirements and 0VVV authority to terminate award), and are incorporated by reference We. 13. (:general Appropriations -Lam, Restrictiaans Grantee, anti any subgrzace atany tier, aintst comply wvith all applicable restrictions on the use, of federal funds set out in federal aapproprimions statutes. Pertinent restrictions, for each fiscal year, are: se.t Out atfrttps 10�ti � tie�utita � ,�c7 /ear � / ae�_arcl e e e7�� i ica� � Uk" acrd Condition: General appropriations -law restrictions can use of fcdm al award funds) and are, incorpo need by reference here. ,1CtOC't'J 11-1 026 FY ?fl'? VA'A A front Spccial C ondAWN (NAW (51112 3) ShOUld a question arise as to whether a particular Use of federal fUndS by a Grantee Or Sl-ihgrantee would or might fall within the scope of an appropriations -law restriction, the grantee is to contact CPJAD for guidance, and may not proceed withoot the express prior written approval of CPJAD. 14. Requirements to Report Actual or Imminent Breach Cif 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 "personal ly identifiable inforrilation- (P11) (2 C,FR 200,1 ), it'Grantee I ) creates, collects, Uses, processes. stores, rnaintaills, disserninates, discloses, or disposes Of SLIC11 -personally identifiable information" within the scope of the grant-11111CICCI program or activity, or 2) Uses or operates a *'Federal information system" (OMB Circular A-13(7). Grantee's response procedures ITIUSt include a requirement to report by email actual or imminent breach of PH to the assigned CPJAD -rant manager and to no later than 12 hours after all occurrence of an actual breach, or the detection of an imminent breach, with the date and tirlic of the breach or detection of an imminent breach, description ofactual or imminent breach, project nurnher., project title, name of Grantee. and Grantee contact irilorrilatioll. 15. Determination of Suitability to Interact with Participating Minors This ca:-)ndition applies to this award if it is Indicated in the application for award (as approved by CPJAD) (or in the application any SUbaward at any tier), the funding announcement (solicitation), or all associated federal or state statute - that a pUl-pOSe of some or Al of the activities to be carried out Under the award (whether by the Grantee Or AS Under 18 years of age. subgrantee I at any tier) Is to benefit a set of individuals Grantee, and any subgrantee at any tier, 111LISt make determinations Of'suitability- before certain individuals may interact with participatin'o minors. This reCILlIrCITIC11t applies regardless of an individual's ernployrnent stratus. The details of this reclilirernent are posted oil the OJP web site at 11tt S' 'D. L'OV/1'Und in �2/EXDlorefl nter�ict-Mi nors,lit ni (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. VANVA Federal Eligibility Requirements Grantee shall comply with the federal eligibility reqUirernents established by the Violence Against Women and Department 01'Justice Reauthorization of 2013 and the effective edition Of the DOJ Grants Financial Guide in order to receive STOP Proorain Rinds. AG/CRJAD #20 FY 2022 VAWA (Jovi Special Conditions (rcviscd 05/2021) 17. Civil Rights Provision Grantcc sha I I cornply c ith cki I rig ivs pRohNis prohThing the excAling. deny ing benefits uy or disairldmuing agwinm any person on Ow basis of actual or perceived race, color, religion, national origin, sex. gender Amity, SCXUal orientation, OF disability in any proLram or activity fundcd in whole or in lart by WVC 18. Non -Disclosure or Confidential or Private Information Grantee strall comply %vAh provisOns of 34 USY 1229 Hby 2Y non-dAkNurc of' confidential or 1)rkqae inkwnuithm, which hICILICIC" creating and n-WANnirig, documentatfort of compHaiwon such as rudicies and plucedums for release of WON infori-nation. Grantee shall aim) ensue Via any SUbgrantees meet these reqUil-CruClItS. 19. Policy for Response to Workplace- related Incidents of'Sexual Misconduct, Domestic Violence, and Dating Violence. Grantee., and any subgrantee at imy Her. must have a policy, or issue a policy within 270 days of the award date, to address workplace -related incidents of sexual misconduct, domestic violence, and dating violence invoking an employee, volunteer, consultant, or contractor. The details c)fMiS I-CCILlircinent are posted on the OVW website at ice. c2 (Award Condition: Policy for response to work,place-related Sexual MiSCOMIUCL ClOnICSlic violence. and dating violence), and are incoll)ol-aled by reference here. 20. 'rimely Expenditure cif' unds If federal grant monies are not tirnely obligated or expended by Grantee, such nionics, may lapse and/or need to be returned to CPJAFT The lapsing and/or w(wri of monies may adversely affect CHAD'S ability to secure addilhonal federal grant monies. which is not in the State's best interest It is therefore of the utmost importance that Grantee timely and properly obligaws aimYor expends Funds made available Under an awaMed contract, Accordingly, should there be a subsianiial balance (501�'( or more) of unobli-ated funds remaining after the. end of the 1 -11 -SL Six months WiLhOUL adequate justification, CHAD reserves die right to unilaterally reduce the amount or As made available Co Grantee for the remainder of the pr(,iject period. 21. Required Training Gr,intce HIUSI receive and engage in any training and (echnical as.,,ist�,rnce activities recommended by CHAD and/or We Eaparmou Wirstice. AG/CRJ A D4420 FY IQ 2 VNWA GA I Spmal MmHow iwiwd 0920D) 22. Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountability Grantee agrees that, grant funds Will not Support aclivitles that coinpromisc victim safety and recovery or undermine offender acCOUntabdi(y. Such as: procedures or policies that eXCILICle ViCtiInS from receiving safe shelter, advocacy services, COLInSeliII0, and other assistance based on their actual or perceivecl sex, age, immigration status, race, religion, SCUIal orientation, gender Identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children-, procedures or policies that compromise the confidentiality, of information and privacy of persons receiving OWN -funded services-., procedures or policies that impose requirements on victims in order to receive services (e.a., seek an order of protection, receive Counseling, participate In Couples' COMISC1111"O or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures Or Policies that fail to ensure service providers conduct safety planning with victiais-, project design and budgets that fail to Z__1 Z-1 C� account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing: or any other activities outlined in the solicitation or companion guide undervvhich the application was submitted. SUBMITTED BY. Signature: Date: e Name: Mitchell D. F2oith Title: NjayL)r Hawaii Police DCP111111CM, COMM Of I kIWaj i AGT/CPJAD #K26 FY 2022 VAWA Govt Special Conditions (revised 05/2023) I ) f -T \I XI f �. NT OI T[ I I �- ATTO k N I ;Y G I-, M �� RA I Crime W cmWn and JuwQw ;\"Kuuwc M kim CEFUNIGNTION"..-Of ISG I certify that fedend Rinds wH1 mH he used U) SUI)I)LU'll. SLOO, 10Cal OF OIhCI- 1101-14C(ffill I'LIMIS that would. in 111C ath"'cncc of'such I'Cdcral aid, lie 111LIi"Ic 'Iail'ihlc I'oj- 1'1vc enfol-CCIIICII(. ;and \ ictim cmnpcntiation and "activitic5' SUBMITFH) BY, NUchen F).liali- Thle: N-1 a vor- Hawaii Polic� Dc -parl In cn tC�' mi AWC11JAD-", 06/0'2 I WPAWFM ENT OF 11 1H y'1'hC)Itl Ln, G{::Ii-'.RAL, C)Irnc Mwttiora and Justke Aswislumc ; IMision l eerufy [hat thu ,.ar,lihcant a�gcnc) a611 comply with and "dl insure ootlykaiwo by its, yrrllmnw" arld c:onn-aaw "Ah then non-discrimimition regaaira�naents of: • The Chnnihils Crime Control artd Salt Stan, Act of 1965. gas aanended, which prohibits discriminatfort on the basis of race, color, national origin, religion, or sex, in Office cif .lustier Programs, ("Ifice of Community Cirrcrn d Ndicingl Services, and Office on Violence Against dVornen Funded proortuns or adivhki 142 l'.S.C. e 378%:arid 28 C.F.R, §42.201 et yxcr) • Title V! of the Civil Rights Act. 4 1964, which prckhfhits discrimination «n the basis or race. Color or national origin in Office cif Justic:c2 1)"ginrn k Office or (Air n unhy C-trwmed PWW&g Service . and Office; coil Violcnce Against V°onwn fumled progmmw or activiticw. (42 LIST! §20MId and 28 C' FAR. §42,101 S t s q, ) • Section 504 of tyre Rehabilitation Act, "hich preahilks dkcrirnination oil the basis of disability in OW of Mice PMgmmti, C7flices of CA>tmunity Merowl Pe>licN9 Seri,tars. and Office on Violence AgAnst'abmwn funded prca`aranas or a-clivitics. (29 U.S.(.`. §7941 and 28 C.'.l;.l ..§42.51)1 d w, cO L) • Section 1407 of' the Victim, of C,rin e Act (VOCA), "Tich prnhihits discrimination on the basis of race, colc:rr. rtaticrnal r>gin, aelijir:rn, wcx, OF disabilnt in VO(7A funded prcr`mms or as itke (42 LIS R § 1(M04) ® Title II of the Americans wil lKabihties Act; of 1990, as it relates to discrimination cIn dic. basis of disability in Office of,fustice Pro,,p-rmw, Mcc of Coraimunity MaHed Pohchg Ser4ium and Office on Violence: Against NVennen funded prograrnis or activities;. (42 U.S.C. § 12132 and 2H C.F.R. Pt. 4) • Title IN of the Education Antendment.s of 1972, as it relates to discrimination can the basis of sex in Office of .histice Programs. C )ffice of 0wil aunity Chiwed Policing Ser\ ices, and Offices cin Violence Against V mien hinded training ('ar c ucatiomd progra-m (20 1.7 S.C: § 1681 and 28 C:".]' R. Pt. 54) • The: Ata+: Discrimination Act of 1975 as it relates to wcrvices c0criminaticen ora the basis of age in Office of .{ustice Prop*rams. Pfice° of Ccr nmunhy (hiented Policing Set-% and Office on Violence A<gArtst V'orncrr fur Rd proe!,r:traas or w6vitiev (42 C!.,SY §61()2 and 28 C.FAK §41700 ct s7ef,.) • l,XCCUtiVC Order No. 13166 prohibiting discrimination of I,irrtited l:lgfish 1loficiont Persons. • Executin Order No. 13279 and 25 KF A. M. 35 RTurding equal protection of the laws for faith - based or'alli/ations, ® They Violence Against Women Rcalulhoaiization Act of 2011 Puh. L,, No. 113--4, 127 Stat. 54 § ?th1(2M) tichich prohibits cxcluding„ ddiu in`x bonofits to, or discriii-drib ig at7;ainst any, NNon eta the basis of actual or perceked race. Color, religion, national ori2irl. Sev. 21crrdcr iderrtit��, sexual orientation, or disability- in array program or activity funded in �a hole or in part v,,ith funds made <available thmugh VAV'A or the (M1ce on Violence -1gQwt %`onw n. (42 i.?,S& w 172%91M), No person shall, on (lie grounds of mace, color, religion, national orig'ira, we.` , or disarbifity, he excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any prow nim or activity funded in ""ole or in purl "All funds made availablo undcr this title fron) [he L .S. Department of Justices the F)CPartnrent of the Attorney (eneral, Crime PIe%.cntiian and .luskc A`4sistance Di�kion, Noncompliance with thc, ,aiseriri�irraticrra tvgulations ma, raAult in the www) °ra ami or terrnilt".atfon of ftrradirt<7. SUBN/IF Tr,.'D BY: �r Name: Mitchell D. Rr h Tule: Alag�r �'laartnaont. 1, OLIWt tat HaW all �re�ncti": I{aa�� air Pc.'alrc�A 1) \CaICP.La1:a #l5 Ue�iwc'af 712Ol1 DEPARTMENT OF THE ATTORNEY GENERAL. Crime Prevention and Justice Assistance Division 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, County of Hawaii (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: Benjamin T. Moszkowicz Chief of Police (808) 961-2244 Name Title Phone (2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware that they may complain of discrimination directly to a subrecipient, to the Department of the Attorney General, or to the Office for Civil Rights. (3) a procedure to investigate the complaint. (The procedure may be an internal investigation or forwarding the complaint to the Department of the Attorney General, the OCR, or another appropriate external agency.) (4) a procedure to notify the Department of the Attorney General, Crime Prevention and Justice Assistance Division of the complaint. (The Department will forward the complaint information to OCR and may conduct an investigation of the complaint.) (5) a procedure to notify the Department of the Attorney General of the findings of the investigation. SUBMITTED BY: Signature: 7 Date: Name: Mitchell D. Roth Title: Mayor (Head of Agency or Designee) AG/CPJA D #30 612010 CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EE011) Requirements Pleaw read cmrefultyr the Instrticlions (see Moll) and then coinplele SectionA or Section 13 orSeeiion C', not till three. If recipient corn pMetes Seclion A or C" and sub-grants a single (rivard over S500, 000, in w/dWon, LVease con!alete Section D. Recipient's Name: Hawaii Police Department, County of Hawaii Address: 349 Kapiolam Street, Hilo, Hawaii 96720 Isagency a; o Direct or ig Sub recipient of'OJP. OVW or, COPS funding? I Law Enforcement Agency? L,( Yes u No DUNS Number: 6131.54335 Vendor Number (only if direct recipient) Name and Title ofTontact Person: Robert P. Pauole, Police Lieutenant Tele hone Number:808-961-2254 E-Mail Address: Robert.Pitjole@hawaiicounty.gov Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check- all thefidlowing boxes that qpply LD Less titan rift), enriployees, iD. IndianTribc to Medical Institution. ii Nonprofit Organization Li l"I'ducational Institution -,a Receiving a single a%vard(s) less tban $25,000. [responsible qfficial], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302. 1 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 S500, 000, in addition, please complete Section D Print or Tvve raise azul Tille ,SinatureDate Section B—Decla ration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review I/o recipient agency- has fijl' Or more enlplolt-ees acrd is receiving single awortlor, subuivard, qfS25,000or more, but fes than S500,000, fhe)i the recipient 0""encycloes not have to submit an U-,01'14) the OCRIbr review its long as it certilies the following 02 CFJ?. Y� 42305): 1. Benjamin T. Moszkowic/.[responsible --- ------- official]. 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 $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable Federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of.1tistice Programs, U.S. Department ofJustice. The FEOP is on file at the following office: Hawaii Police Department I orl;Zanizalion], 349 Kapiolani Street, Hilo, H) 96720 [address]. Benjamin T. Moszkowc7202, Chief of Police J-U 1 4 3 -Print Or TL)(? Name and lith, Date Section C—Declaration Stating that an EEOP Short Form Has Been 'g'ubmitted to the Office for Civil Rights for Review 1j'a recipient agenty hasNiy or more einplqjecs and is receiving a single award, or subawani, of S500,000 or incire, then the recipient ageliny must send an EEOP Short Fortir to the 0(.'R,fi)r 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 fori-flulated all EF.OP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of'JusticePrograins, U.S. Department orJustice. if recipient sub-grants a single arivard over $500, 000, in addition, please complete Section D Print or Type Naine ontl Thle Signature Date OMB Control No. 1121-0340 F.xpiration Date: 12/3 1 12 0 1 INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, require some recipients of financial assistance from the L).S. Department of Justice subject to the statute's administrative provisions to create, keep on Ille, Submit to the Office for Civil Rights (OCR) at the Office of Justice Programs (OJP) for review, and implement an Fqual Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt, L. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the FEOP requirements; many awards from OJP, including awards front the Bureau of Justice Assistance (BJA), tile Office 01'.ILIVellile Justice and Delinquency Prevention (OJJDP), and the Office 1,01- Victims of' Crime (OVC) are subject to the GE OP requirements: and many awards from the Office on Violence Against Women (OVW) are also subject to the 1-1, 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 J."F.OP 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 S500,000, in addition, please complete Section 1). Section A The regulations exempt some recipients fi-orn all of the ESOP requirements. Your organization may claire an exemption From all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, all educational institution, a medical institution, or an Indian tribe: or it received all award Under $25,000or it has less than fifty employees. To claim the complete exemption from the EEOP requirements, complete Section A. Section B Although the re&'LllatiOlIS require sonic recipients to create, maintain oil file, and implement. all I"IHOP, the regulations allow some recipients to forego submitting the FFOP to the OCR for review. Recipients that (I ) are a unit of state or local government, all agency of'state or local government, or a private business. and (2) have fitly 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 13, tile recipient should note that the E_EOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that (I ) 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, cine! (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the 0(.IR.fi)rreview, and implement all EEOP. Recipients that have submitted all EEOP LJtili7ation Report (or in the Process Of Submitting one) to the OCR. should COlTlpletC Section C. Section D 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 8 of each such sub -recipient by completing Section D. Submission Process Recipients should download the online Certification Form, complete required sections, have the appropriate official sign it. electronically scan the signed document, and then send the signed document to the following e-mail address: FFOPFormS@Uscinj, g0v, The docionent must have lhe'lbllowin, title: EEOP Ceriificolion. if yarn have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of"Justice Programs. 810 7th Street. N W. Washington, DC 20i31 (Telephone: (202) 307-0690 and `i -'TY: (202) 307-2027), ONIR Approval No 1121-0340 Fxpiration Dates 12i31/15 Piublie Reporting Burden Stat-ement 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 Lis with information. The estimated mininIUM 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 SU&,JeStiOnS for making this form simpler, you can write to the Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 2053 R US.DEPARTMENT OFJUSTICE OFFICE 0FJUSTICE PROGRAMS OFFICE OFTHE COMPTROLLER Certification Regarding Debarment, 'Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification is required by the regulations implementing Executive Order 1254S. Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities, The regulations were published as Part VII of the May 2G.1Q38Federal Register (pages 1Q1SO-1Q211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation inthis transaction byany Federal department ofagency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach anexplanation tothis proposal, Mitchell D. Roth. Mayor Nomeand Title ofAuthorized Representative Signature Hawaii Police Department, County of Hawaii Name of Organization 349 Kapiolani Street. Hilo, Hawaii 96720 Address ofOrganization OJP FORM 406 1 /1 (REV, 2/89) Previous editions are obsolete Instructions for Certification 1� By signing and submitting this proposal, the prospective |ovvar tier participant is providing the certification set out below. 2, The certification in this clause is e material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered on erroneous certifioation, in addition to other remedies available to the Federal Governrnent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," ^podic(pant.""person.""primary coveredtnansaohon." "principal," "proposes," and "voluntarily excluded," as used in this deuae, have the meanings set out inthe Definitions and Coverage sections of rules implementing Executive Order 12540. 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 debamsd, auspended, declared ineUgib|a, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 8. 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 — 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 prospective participant in a lower tier covered transaction that it is not debarred. SUSpendmd, ine|iQib|8, or voluntarily excluded from the covered tranaaotion, unless it hnVvvo that the certification is erroneous. A participant may decide the method and frequency bywhich itdetermines the eligibility ofits principals. Each participant may check the NonproounennentList, 8. Nothing contained in the foregoing mhe|| 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 inthe ordinary course ofbusiness dealings. Q. 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, deberned, ine|igib|e, or voluntary excluded from participation in this traneaction, in addition to other remedies available to the Federal Goverhnnent, the department or agency with which this transaction originated may pursue available nannedieo, including suspension and/or debarment. I F to If 1, 11 %, I I CHI (All A AHM A I U)", "mj rq,dfc,iri ind We hKal WIAll '11' 4;„ o S A IN L 14A Y 4 2" 012 3 DF I'ARTNI[ lGh;NFIiAL Crink C' wention and JUJ tics AsSiStMrrcc Dig iSiOn C—TRT IF IC', PEON, RE (.;:-k F)IN(.; FORENSIC NIEs.IFICAL E?XANUNA"E'F()N PAYNIENTS AND PCFI,Y(:RAPIF FESTINC PROHIBITION HIBITIO As required by the Startu(riry Flh`ribility lZequirenlents of the Violence Agains( Women Act ty'AWAL STOP Forrimla Crrant I'ro riun found in 42 t i.`; C.3796,,:, -4 and l'.S.('..i71)(-i-<a S a,md irnplementCd it 28 CTR fart I,)(J. I certify that the (1 t yz! i. j't lrF)mgjtu�nt.. CVC.)ttnt5>1 I C t trr (ntutrt ofCirrrnt �:) � ill: F insure victims of sexual assaul( will It(-)( inctrr rant-of-Ixwke.t costs for forensic medical examint.rtions by either prOv'idin,T sttch cxams Free ref charge or arranging far victims to receive such exarns bee of chargo wilF out regard to whether or not the victim participates in the criminal justice system or coopermes with laN\ enfcm ement. 2. Coordinate with health Farre providers in the rctigion to nratif'y victims of sexual assault of the arvadability of forensic medical exams at no cost to victims. Ensure that any victims ofall alleged sexual offense as defined tinder federal, state, or local law, Will not be asked (w recluked Lo subt-thl to a polygraph e:xarnaina tion or other truth telling device as ar condition for proceeding with the investigation of such tan offense. The rel'usarl of a victim to subr-nit to a p&y,�� mph or ether truth telling examination shall not l—wev n( the ine-emigatiorn charm nj or prrwecrrti n of an alleged sea offense by a stats or unit Of local government. The undersigned understands and a green, on behalf of the C.;ranwv that if A fails to comply with any of the pmvi.sions stated above, it will jeopmdir.e the (;ranter and the, Stade of I Nwaii from receiving any funds from the V,NWA ST(..)P Formula Grant. SUBMITTED BY: Signature: Tame; 'li(eltell l.). Roth t1 -lead rrf Grnine °nc) ur' I)�tir =nc j 6,iC't'JAD : b ,%)016 .�-- Date: 'Title: Nlavor '~ I)t�lt—AR [',N/I ,Nf1' 0[, 1 }fl-=; %'I"I"(_ RiNEY C,E;NFIRAI. Crltne Prevention acid JLISIIC'e ASSIStWIC DI\"''SICU CERTIFICATION REG RDI G FILING COSTS FOR CRIMINAL CA RGES OR PROTECTION ORDERS AND JUDICIAL NOTIFICATION II I("ATION SII+, FIRI,ARNI0.S PROIIIBiTION A rcquircd by the Statutory Eligibility Requirelncnts (-)(' the Violence Against Women Act (V.AWA). S`1-011 Formula Grant Proorarn f'cu.rnd in 42 U.S.C. 379()g`�-i and IS t.'.S.C'. § 9220-)(8 )-(9) and implemented at 28 CFR Part 90. y _ '_lice Department, Count of Hawaii (name o1'Grantec) will: certr that the H�t� �In Police 1. Fnsure its policies and practices do not require that the victim bear the costs aSsociate:d 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 fora protection order to protect a victim of domestic violence, datlinVIOlerICC, sexual assault, or stalking, or witness suhpocna, whether issued inside or outside the state, 2. Provide notification to domestic: violence offenders of the regtrirements delineated in section 922(g)(4) and (Lo)(9) of the title IS. United States Crude and any applicable related federal, state.. and local laws. IS U.S.C. § 922(`0(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 recel,,cd actual notice., and at which Stich person had an opportunity to participate; (B) restrains Such person frorn harassing. stalking, or threatening ars intirltate pan.ner orf such person or child of such intimate partner or person, or engagingin other conduct that would place an intimate partner- in reasonable fear of bodily injury to the partner or child; and (C) (i) includes a findin" 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, atterrnpted use, or threatened use of physical force allainst such ultimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in tiny court of a misdemeanor crime of clomestic. violence to ship or transport in interstate or foreign commerce, or possess in or affecting conlrnerce, any firearm or arnmtrnitian: 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 abode, it will jeopardize. the Grantee and the State of 1-[awaii front receiving any funds frons file VAWA STOP Form1.11a Grant. St,I:iMITT [ D 13Y r SI1rIIatuIV: ?valise: Mitchell D. Doth (Ileal ot'Grantee Agency or Designee) AG/CHAS) 435 ;,.iM6 4 Date: Title: