HomeMy WebLinkAboutRES 033 Draft 01 2004-2006 ~MtV os M4
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 33 (15
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE
ATTORNEY GENERAL, CRIME PREVENTION AND JUSTICE ASSISTANCE
DIVISION, PURSUANT TO HRS 46-7, FOR THE SAFE COORDINATORS GRANT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime Prevention and
Justice Assistance Division has authorized funding for a Sexual Assault Forensic Examiners
(SAFE) Coordinators Grant to the Hawaii County Police Department; and
WHEREAS, during 1995, the Police Department began to contract with independent Sexual
Assault Nurse Examiners (SANE) to conduct forensic examinations upon victims of sexual assault
and since 1995, the SANE program has trained numerous registered nurses to perform sexual
assault forensic examinations; and
WHEREAS, the SAFE program, renamed from the SANE program in 2003, has personnel
that receives extensive training in recognition, evaluation, and classification of various injuries
which result from traumatic sexual contact and receives further training in forensic photography,
evidence collection, report-writing and other methods of documenting injuries for evidential
purposes; and
WHEREAS, the improved evidence collection and testimonial evidence provided by the
SAFE personnel has contributed to the successful prosecution of many sex offenders; and
WHEREAS, the SAFE Coordinators grant will improve Hawaii County's ability to respond to
violent sex crimes against women and improve forensic examination services given to the victims of
sexual assault islandwide by providing for a SAFE Coordinator to be based in East Hawaii and in
West Hawaii; and
WHEREAS, each respective SAFE Coordinator will provide forensic examinations,
recruitment and training of new SAFE personnel, coordination of services between East and West
Hawaii, scheduling, and quality assurance activities; and
WHEREAS, the funds provided by the State of Hawaii Department of the Attorney General,
Crime Prevention and Justice Assistance Division are derived from grants provided by the federal
government; and
1101HEI~EAS, Hawaii Revised Statutes, Section 46-7, requires that county departments
obtain the consent of the council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and
receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers.
N®~, 1`~EFtEFORE, 13E IT RES®LVE~? E3Y T9~E C®l1NCIL ®h THE C®IJNTI( ®F
I°~A,11VAI`I, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County
of Hawaii is authorized to execute, on behalf of the County, a contract, attached hereto and
incorporated herein by reference as Exhibit "1 for the SAFE Coordinators program.
~E IT FlJI2TI~ER 12ES®L.VEC that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the Finance and Police Departments.
Dated at xilo ,Hawaii, this 2nd day of February , 2005.
INTRODUCED BY:
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COUN~IL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the HIGH X
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County of Hawaii on February 2 , 2005. HOLSCHUH X
IKEDA X
ATTEST: ISBELL X
JACOBSON X
PILAGO X
SAFARIK X
yy' 9 0 0 0
Reference C-71/Bill 24 /FC - 3 2
COUNTY CLERK CIIAIIZMAN &L PRESIDING OFFICER RESOLUTION NO. ~
Project Number 03-WF-3
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2005 by and
between the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency", by and through the Attorney General,
and Hawaii County Police De artment hereinafter called
"Grantee".
WITNESSETH
WHEREAS, Title IV of the Violent Crime Control and Law
Enforcement Act of 1994, 42 U. S. C. 3796 et seq., as amended
(hereinafter "Act"), was enacted to make grants to states for
developing and strengthening effective law enforcement and
prosecutorial strategies and victim services in cases involving
crimes against women. 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 eleven broad purpose
areas:
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EXHIBIT °1"
(1) training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify and
respond to violent crimes against women, including the crimes
of sexual assault, domestic violence, and dating violence;
(2) developing, training, or expanding units of law enforcement
officers, judges, other court personnel, and prosecutors
specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic violence;
(3) developing and implementing more effective police, court, and
prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and
communications systems, including computerized systems,
linking police, prosecutors, and courts or for purpose of
identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
dating violence programs; developing or improving delivery of
victim services to underserved populations; providing
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specialized domestic violence court advocates in courts where
a significant number of protection orders are granted; and
increasing reporting and reducing attrition rates for cases
involving violent crimes against women, including crimes of
sexual assault, domestic violence, and dating violence;
(6) developing, enlarging and strengthening programs addressing
stalking;
(7) developing, enlarging and strengthening programs that address
the needs and circumstances of Indian tribes dealing with
violent crimes against women, including the crimes of sexual
assault and domestic violence;
(8) supporting formal and informal statewide, multidisciplinary
efforts, to the extent not supported by state funds, to
coordinate the response of state law enforcement agencies,
prosecutors, courts, victim service agencies, and other state
agencies and departments to violent crimes against women,
including the crimes of sexual assault, domestic violence and
dating violence;
(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
(10) developing, enlarging or strengthening programs to assist law
enforcement, prosecutors, courts, and others to address the
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needs and circumstances of older and disabled women who are
victims of sexual assault or domestic violence, including
recognizing, investigating, and prosecuting instances of such
assault or violence and targeting outreach and support,
counseling, and other victim services to such older and
disabled individuals; and
(11) providing assistance to victims of sexual assault and
domestic violence in immigration matters.
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. 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
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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 "A" and by reference incorporated herein. It is
understood that this Contract includes as a part hereof any rules,
relevant directives or instructions issued by the United States or
the Agency, including the provisions of the federal Office of
Management and Budget circulars and the effective edition of the
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Office of Justice Programs' 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, 2005 to and including December 31, 2005
unless this Contract is sooner terminated as hereinafter provided
or unless this Contract is extended in accordance with Section L
of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to 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 be used for criminal justice purposes before title
in such property may vest in Grantee. If a certification is not
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provided by Grantee, title to any personal property purchased or
acquired with funds received under this Contract shall vest in
Agency and such personal property shall be delivered to the Agency
in good working order upon expiration or sooner termination of
this Contract.
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 at the time this Contract is
executed and will remain true throughout the entire term of this
Contract and any extensions, and that Grantee shall fulfill all
the requirements set forth therein. Grantee's execution and
submission of a false Drug-Free Workplace Certification, or
Grantee's violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments under
this Contract, and/or terminate this Contract pursuant to the
provisions of Section N of this Contract. Grantee warrants that it
is aware that such false certification or violation of the
Rev. 08/04 7
requirements contained in the Drug-Free Workplace Certification
shall subject the State of Hawaii to government-wide suspension or
debarment, or other sanctions which, in turn, shall result in the
withdrawal of funds from Grantee and/or the unavailability of
future funding for Grantee.
4. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to as
the "Debarment Certification". A copy of the Debarment
Certification shall be included in Part IV of the Application for
Grant. Grantee covenants that the representations made in the
Debarment Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
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
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Certification are true at the time this Contract is executed and
will remain true throughout the entire term of the Contract and
any extensions and that Grantee shall fulfill any and all terms
and conditions set forth therein.
6. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records, documents
and other evidence which sufficiently, accurately and properly
reflect all direct and indirect expenditures and all interest or
other income earned as the result of funds provided pursuant to
this Contract. Grantee shall ensure that its own books, records,
and documents are available for inspection, reviews or audits at
all reasonable times by Agency or the United States Department of
Justice. In addition, Grantee shall prepare and submit to the
Agency reports in such form and at such times as Agency or the
Office of Violence Against Women may require. At a minimum,
Grantee shall submit quarterly financial reports fifteen (15)
calendar days after the end of each calendar quarter. Records and
financial accounts shall be retained by the Grantee and shall be
accessible to Agency and the United States Department of Justice
for at least three years after Agency's grant with the Office of
Violence Against Women is closed.
7. Grantee shall comply with all the ordinances,
codes, rules and regulations of the Federal, State and local
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governments 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-133.
9. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and Safe
Street Act of 1968 which prohibits discrimination in employment
and in the delivery of services or benefits on the basis of race,
color, national origin, religion, and sex; Title VI of the Civil
Rights Act of 1964 which prohibits discrimination in the delivery
of services or benefits on the basis of race, color, and national
origin; Section 504 of the Rehabilitation Act of 1973 and Title II
of the Americans with Disabilities Act of 1990 which prohibit
discrimination in employment and in the delivery of services or
benefits based on disability; Title IX of the Education Amendments
of 1972 which prohibits discrimination on the basis of sex in
training or education programs; and the Age Discrimination Act of
1975 which prohibits discrimination in the delivery of services or
benefits on the basis of age; Department of Justice regulations on
disability (nondiscrimination on the basis of disability in the
state and local government services, public accommodations and
commercial facilities, and accessibility standards), 28 C.F.R.
Part 35; Exec. Order No. 13279 (equal protection of the laws for
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faith-based and community organizations); Exec. Order No. 13166
and U.S. Department of Justice, Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English
Proficient Persons; the Hawaii State Fair Employment Practices
Act, Chapter 378, Hawaii Revised Statutes; and all other
applicable federal and state laws, rules and regulations.
10. Grantee assures Agency that if it is required
to formulate an Equal Employment Opportunity Program in accordance
with 28 C.F.R. 42.301 et seq. it will submit a certification to
Agency that a current program is on file.
11. Grantee shall ensure that Twenty
two thousand one hundred forty eight dollars ($22,148.00) are
available as matching funds to provide the services under this
Contract. Grantee shall maintain records which clearly and
accurately 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 Grantee does not have the 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
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this Contract which are encumbered but not disbursed within ninety
(90) days after this Contract terminates shall be returned to
Agency.
D. PERSONNEL.
1. Grantee shall secure at its own expense, all
personnel required to perform the services required under this
Contract. All such personnel shall not be considered employees
of, or have any contractual relationship with the State of Hawaii
unless Grantee is otherwise an agency of the State.
2. Grantee shall ensure that none of the work or
services to be provided under this Contract shall be subcontracted
or assigned without the prior written approval of Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that Grantee
secures the prior written consent of Agency. In the event Grantee
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
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subcontractor. All subcontracts shall include provisions to
ensure that Grantee is capable of satisfying the requirements of
this Contract. All subcontracts shall be reduced to writing and
shall include all provisions of this Contract required of Grantee.
F. 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
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vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes. Grantee shall be
responsible for payment of all applicable federal, state, and
county fees which may become due and owing by the Grantee by
reason of the Contract, including but not limited to (i) income
taxes, (ii) employment related fees, assessments and taxes and
(iii) general excise taxes. The Grantee also is responsible for
obtaining all licenses, permits and certificates that may be
required in order to perform this Contract.
2. This section shall not be 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-six
thousand four hundred forty three
dollars ($66,443.00) to be spent for the purposes of this
Contract. This sum represents any and all compensation to be paid
to Grantee for any and all services it provides, and for any and
all travel costs, materials, supplies, equipment, overhead, taxes,
and other incidentals and operating expenses which it incurs or
may incur in connection with this Contract.
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2. It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under
this Contract to be payable out of federal funds, this Contract
shall be construed to be an agreement to pay such portion to the
Grantee only out of federal funds to be received from the federal
government when the federal funds are so received and shall not be
construed as a general agreement to pay such portion at all events
out of any funds other than those which are received from the
federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes.
2. Payments to Grantee under this Contract shall
be made in accordance with and subject to the following
provisions:
a. Payments shall be made monthly upon
receipt of Grantee's completed request for funds.
b. All payments shall be made in accordance
with and subject to Chapter 40, Hawaii Revised Statutes, which
specifies the accounting procedures and controls applicable to
payments out of the Treasury of the State of Hawaii.
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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
applicable deadline will result in the withholding of payments
until such time as the reports are received by Agency. Grantee
shall continue to provide the services, programs and activities
during the period that payments are being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities or ommissions
of Grantee. Grantee shall indemnify and save harmless the State
of Hawaii, Agency, and their officers, agents, and employees from
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and against any and all liability, loss actions, claims, suits,
damages, costs or expenses, including all attorneys' fees, and all
claims, suits, and demands therefor, arising out of or resulting
from the acts or omissions of Grantee, its officers, employees,
agents, or subcontractors 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,
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
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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.
L. MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or change
to this Contract other than to the "Application For Grant"
(attached hereto as part of Exhibit "A") or to the period during
which this Contract is in effect in Section B, including increases
(subject to the availability of funds) or decreases in the amount
Rev. 08/04 I8
of compensation, permitted in this Contract shall be made by
written supplemental agreement to this Contract and executed by
Grantee and the Attorney General or the Attorney General's
designee. Modifications, alterations or changes to provisions of
the "Application For Grant" may be requested by Grantee, approved
by the Administrator of the Crime Prevention and Justice
Assistance Division on Agency's behalf, and made by substituting
or inserting the revisions in Exhibit "A". Modifications,
alterations or changes to the period during which this Contract is
in effect may be requested in writing by Grantee or Agency, up to
forty-five (45) days before the Contract would otherwise
terminate, and shall be effective as of the date approved by the
Administrator of the Crime Prevention and Justice Assistance
Division (if requested by Grantee) or Grantee (if requested by
Agency) and made by attaching a party's written request with the
other party's written approval thereon to this Contract. No oral
modification, alteration, amendment, change, or extension of any
term, provision or condition of this Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
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N. TERMINATION OF CONTRACT.
I. If, for any cause, Grantee refuses or fails to
satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of this
Contract and, having been given reasonable notice of and
opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency
shall have the right to terminate this Contract by giving written
notice to Grantee of such termination ten (10) calendar days
before the effective date of such termination. The Grantee shall
continue performance of the Contract to the extent it is not
terminated. Notwithstanding termination of the Contract, and
subject to any directions from the Agency, the Grantee shall take
timely, reasonable, and necessary action to protect and preserve
property in the possession of the Grantee in which the Agency has
an interest.
2. Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving written
notice to Grantee of such termination at least thirty (30)
calendar days before the effective date of such termination.
3. In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
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charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency become
Agency's property and, together with all information, data,
reports, records, maps, and other materials (if any) provided to
Grantee by Agency, shall be delivered and surrendered to Agency on
or before the effective date of termination.
4. Grantee shall be entitled to receive only such
compensation as shall have been satisfactorily earned prior to the
effective date of termination. Agency shall determine the amount
of work satisfactorily completed and the amount of compensation
satisfactorily earned. If the termination is for cause, any other
provisions to the contrary notwithstanding, Grantee shall not be
relieved of liability to Agency for damages sustained by Agency
because of any breach by Grantee of this Contract.
O. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or
relinquishment of the Agency's right to enforce the same in
accordance with this Contract. It is expressly understood and
agreed that no waiver granted by Agency on 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
Rev. 08/04 21
promise, term or condition or of the right to enforce the same as
to any other or further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General's duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee shall
proceed diligently with the performance of this Contract in
accordance with Agency's request. The validity of this Contract
and any of its terms or provisions, as well as the rights and
duties of the parties to this Contract, shall be governed by the
laws of the State of Hawaii. Except as otherwise provided in this
Section, any action to enforce this contract or for breach of this
Contract shall be brought only in a State court of competent
jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
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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
APPROVED As To FORM: Print Name Mark J. Bennett
Its Attorney General
Date
Deputy Attorney General
State of Hawaii
HAWAII COUNTY POLICE DEPARTMENT
COUNTY II ("GRANTEE")
By ~'yy"-'_~
Print Name Wrrn4, K. IIAQ~wnq/
Title oGtt
Date R, ~`~~~4
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
ROVAL REC MMENDED:
s~~---
Lawrence K. Mahuna, Police Chief
Rev. 08/04 Z3
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPL/CATION FOR S. T.O. P. V/OLENCE A GA/NST WOMEN GRANT
PART 1 . TITLE PAGE
A. PROJECT TITLE: SAS coot~DltvA~RS PF.T~JEC'I'
B. APPLICANT AGENCY: HAwA1I CaJtsrY FoLZCE DEPART~tvT
C. ADDRESS: 349 Kapiolani Street, Hilo Hawaii 96720
D. PROJECT PERIOD: January Ol, 2005 - December 31, 2005
Developing, enlarging, or strengthening victim
E. AUTHORIZED PROGRAM PURPOSE: 3'services programs, including sexual assault,
domestic violence, and dating violence programs;
F. TOTAL PROJECT COSTS: developing and improving delivery of victim service:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $66,443.00
Agency Match 25s $22,148.00
TOTAL 100% $88,591.00
G. PROJECT DIRECTOR: Samuel Thomas Title: Captain
Address: 349 Kapiolani Street, Hilo Hawaii 96720
Phone: (8081 961-2251 FAX: (808) 961-2376
H. FINANCIAL OFFICER: Kay Nishibayashi Title: Accountant IV
- - -
Address: 349 Kapiolani Street, Hilo Hawaii (€inance Division)
Phone: (808) 961-2274 FAX: (808) 961-2390.
FOR CPJA USE
nI ` D3- WF -0
Date Received: I~~IV 1J 1 O ZOO Project Number ~j
AG/CPJA ~1-VAWA (2/96)
PART II. DESCRIPTION OF PROJECT
A. PROBLEM
The Hawaii County Police Department views sexual violence against women as a
serious problem that is being reported much more frequently as community awareness
increases, and societal and cultural inhibitions diminish.
The Department's Sex Crimes Units Area I (East Hawaii) and Area II (West
Hawaii), have the responsibility of investigating all sexual assaults. During 2003
personnel of the respective Sex Crimes Units investigated (449) Sexual Assaults reported
within Hawaii County.
During 1995, the Hawaii County Police Department began to contract with
independent Sexual Assault Nurse Examiners (SANE) to conduct forensic examinations
upon victims of sexual assault. This resulted after a sexual assault victim waited for over
5 % hours in the Hilo Medical Center Emergency Room for examination. The victim left
the hospital after no qualified physician could be found who would be willing or able to
conduct the examination. The SANE Program was developed to ensure that a similar
incident would not again occur within Hawaii County.
Since 1995, the SANE Program has trained numerous registered nurses to
perform Sexual Assault Forensic Examinations. During 2003 the SANE program was
renamed the SAFE program and trained nurses are now referred to as SAFE (Sexual
Assault Forensic Examiners). Currently, five (5) Sexual Assault Forensic Examiners are
actively practicing within Hawaii County.
The SAFE personnel receive extensive training in recognition, evaluation, and
classification of various injuries which result form traumatic sexual contact. SAFE
personnel also receive further training in forensic photography, evidence collection,
report-writing and other methods of documenting injuries for evidential purposes. The
improved evidence collection and testimonial evidence provided by SAFE personnel has
contributed to the successful prosecution of many sex offenders.
Evidence collected by SAFE personnel has aided detectives in solving many of
the violent crimes against women which have occurred within Hawaii County. SAFE
personnel have also performed forensic examinations and evidence collection of female
homicide victims where sexual assault is also suspected.
As an example, during 2001 a six year old female child was reported missing in
the Pahoa area. The child's body was later located in an area near her residence.
Investigators believed that the child was sexually assaulted prior to being brutally
murdered. As a result, a forensic examination of the child was performed by a SAFE
resulting in the recovery of a significant amount of biological evidence. A suspect was
later apprehended and a forensic examination subsequently performed on him.
1
Through the biological evidence recovered by the SAFE personnel, the police
were able to link the suspect to the victim's body, and commission of this crime. The
evidence collected by the SAFE proved vital in identifying the perpetrator of this heinous
crime. As a result, the juvenile perpetrator was charged with the murder and sexual
assault of the child.
The part-time SAFE coordinator is a registered nurse, contracted to perform
forensic examinations, recruitment of new SAFE personnel, education, coordination of
services, scheduling and quality assurance activities for the entire island of Hawaii. The
provision for the part-time SAFE coordinator is currently provided through a subcontract
with the Hawaii Island YWCA, funded by an S.T.O.P VIOLENCE AGAINST WOMEN
Grant.
Due to the expanse of Hawaii County, the Hawaii County Police Department is
divided into two Geographical Service Areas, Area I (East Hawaii) and Area II (West
Hawaii). The Sex Crimes Units assigned to each area are headquartered in Hilo (East
Hawaii) and Kailua, Kona (West Hawaii).
The State Hospital System shares similarity with the department as the major
hospitals on the island of Hawaii are located in Kona and Hilo. As a result, forensic
examinations are primarily performed by SAFE personnel at the Kona Hospital located in
Kealakekua, and at the Hilo Medical Center. These circumstances have caused the SAFE
,personnel to evolve into two separate groups on each side of Hawaii Island. The first
group performs forensic examinations at Hilo Medical Center and work primarily with
Area I (East Hawaii) detectives, while the second group perform forensic examinations at
the Kona Hospital and assist Area II (West Hawaii) detectives.
This arrangement significantly hampers the ability of the single SAFE
Coordinator in Hilo to recruit new service providers, coordinate services and perform
quality assurance activities for the entire Island of Hawaii. Providing a second SAFE
Coordinator, based in West Hawaii, will greatly enhance the quality of forensic
examination services the SAFE Program provides to victims of sexual assault. The West
Hawaii SAFE Coordinator will work directly with other SAFE personnel based in Kona
and be better able to recruit new SAFE personnel, coordinate the services and provide
quality assurance activities in West Hawaii.
Since its inception seven years ago the activities of the SAFE Program have
significantly impacted and improved Hawaii County's ability to identify and respond to
violent sex crimes against women. To this end, it is essential that SAFE Program
personnel and police investigators continually strive to improve the quality of services
provided to victims of sexual assault. Specialized training for SAFE personnel and police
investigators is critical to ensure that best practices in, evidence collection, investigative
techniques, injury documentation and court presentation is in practice. Additionally, the
application of new information is beneficial for program and procedural evaluation.
2
B. GOALS AND OBJECTIVES
The goal of this project is to improve Hawaii County's ability to respond to
violent sex crimes against women and improve forensic examination services provided to
the victims of Sexual Assault Island wide. We will achieve this goal by expanding the
SAFE Program of Hawaii County by creating a SAFE Coordinator for both East Hawaii
and West Hawaii. Each respective SAFE Coordinator will provide forensic examinations,
recruitment and training of new SAFE personnel, coordination of services for (East or
West) Hawaii, scheduling, and quality assurance activities.
PROJECT OBJECTNES:
1. To provide continuity of forensic services for victims of Sexual Assault in
Hawaii County through the subcontracting of two SAFE Coordinators.
2. To increase the number of certified SAFE personnel by 50%.
(3 Additional SAFE personnel)
3. To heighten the expertise of SAFE personnel and police investigators in;
evidence collection, investigative techniques, injury documentation and
court presentation in sexual assault investigations through attendance in at
least two specialized training and/or agency in-service training sessions.
4. To improve the overall performance of the SAFE Program and program
coordination with HCPD in East Hawaii and West Hawaii through
monthly meetings between the SAFE Coordinators and the JAS
Lieutenants of Area I and II.
C. PROJECT ACTIVITIES
L HCPD to enter into a contract with the YWCA of Hawaii Island, through
it's Forensic Nursing Project to provide for the provision of two (2)
time SAFE Coordinators. This contract shall be entered within 30 days
of the start of program.
a. Each SAFE Coordinator shall be a registered nurse and certified
SAFE.
b. A SAFE Coordinator shall be based in East Hawaii (Hilo) and West
Hawaii (Kona). Each Coordinator shall:
1. Provide activities to recruit, orient, train, and certify new
SAFE candidates.
2. Conduct forensic examinations.
3. Provide education and training to SAFE personnel.
3
4. Provide amonthly on-call schedule of SAFE personnel.
5. Ensure that SAFE room supplies are properly stocked and
equipment therein maintained.
6. Provide quality assurance activities.
7. Provide statistical data of examinations conducted by SAFE
personnel to the JAS Lieutenant of Area I and Area II.
2. Each SAFE Coordinator shall provide activities to identify and recruit
Qualified nurses to become SAFE personnel from with the respective
medical communities of East Hawaii and West Hawaii.
3. Having at least four (4) SAFE Program; (SAFE Coordinators, SAFE
personnel, Sex Crime Unit Detectives) attend National training in Sexual
Assault Investigations, Sexual Assault Forensic Examinations and/or other
Pertinent specialized training. Providing training to the SAFE
Coordinators shall be the priority of this objective. Personnel attending
training to provide in-service training to SAFE personnel and/or
detectives.
4. Monthly meetings between each SAFE Coordinator and the Lieutenant
assigned to the Juvenile Aid Section of Area 1 (East Hawaii) and Area II
(West Hawaii) to discuss the following:
a. Potential or actual problems within program and multi-
disciplinary response to reported sex crimes.
b. Issues and trends related to the SAFE Program.
c. New information received during training that could
be imparted to in-service training or procedural
changes.
d. Continual development and updates to written procedures,
Protocols and agency agreements.
e. Status of recruitment efforts, training status for new
SAFE candidates and other related matters.
D. PROJECT ORGANIZATION AND MANAGEMENT
The project will be under the control of Captain Samuel Thomas of the
Criminal Investigation Division of Area I, situated in the Public Safety Building, Hilo
Hawaii. Captain Thomas will report to the Assistant Chief of Area I Operations as to the
status of the project, operation, goal attainments, and overall progress.
4
The Project Manager will be Lieutenant Kenneth Vieira of the Juvenile Aid
Section of Area I, also situated in the Public Safety Building, 349 Kapiolani Street,
Hilo Hawaii. Lieutenant Vieira will report to Captain Thomas of the project status and
ensure compliance with the project guidelines and requirements.
E. PERSONNEL
1. (2) Part-time SAFE Coordinators employed through a subcontract with
the YWCA of Hawaii Island through funding provided by this project.
A Part-time SAFE Coordinator shall be based in East Hawaii (Hilo) and
West Hawaii (Kona). Each Coordinator shall:
a. Provide activities to recmit, orient, train, and certify new SAFE
candidates.
b. Conduct Forensic Examinations.
c. Provide education and training to SAFE personnel.
d. Provide monthly on-call schedule of SAFE personnel.
e. Ensure that SAFE room supplies are properly stocked and
equipment therein is maintained.
£ Provide quality assurance activities.
g. Provide statistical data of examinations conducted by SAFE
Personnel.
F. PERSONNEL/BIOGRAPHIES
Resumes for the SAFE Coordinators will be provided upon employment.
G. PARTICIPATING AGENCIES
Other agencies which are involved with the SAFE and HCPD are Children's
Justice Center (CJC) (East and West Hawaii), Child and Family Service (CFS), Oahu
Sex Assault Treatment Center (SATC), Kauai YWCA Sex Assault Treatment Program
(SATP), Sexual Assault Victim Empowerment(SAVE) of Hawaii, Child Protective
Services (CPS) of Hawaii, Oahu, Maui, and Kauai, all Police Departments within the
State of Hawaii, Prosecuting Attorney of (Hawaii County, Maui, Honolulu and Kauai),
Hilo Medical Center, Kona Community Hospital, North Hawaii Community Hospital,
Wilcox Hospital, Kauai Veteran's Memorial Hospital, Kapiolani Children's Hospital.
The listed agencies have requested the assistance of the Hawaii County Police
Department and the SAFES.
H. PROJECT EVALUATION
Quarterly reports will be submitted to the Project Director and will serve as an
indicator of project success. The required progress reports will be submitted by the
Project director as specified in the grant requirements.
5
The project will be evaluated by the success of attaining the following goals.
I. HCPD to enter into a contract with the YWCA of Hawaii Island within
30 days of the start of the project.
2. The YWCA of Hawaii Island to employ two (2) part-time SAFE
Coordinators based in East Hawaii and West Hawaii within 90 days
of the start of the project.
3. The recruitment and certification of at least three (3) additional SAFE
personnel during the project period.
4. Each SAFE or detective who attends specialized training will provide
in-service training to those unable to attend. Document each in-service
training session provided by SAFE or detectives.
5. Monthly meetings between SAFE Coordinators and the JAS Lieutenants
of Area I and Area II to address problems and program improvement.
(24 meetings, dates to be determined during the project period)
6
PART III. BUDGET DETAIL AND EXPLANATION
COST ELEMENT AMOUNT
A. SALARY AND WAGES
Position Title Monthly Salary
Lieutenant (JAS Area I) @ $7Q 172 (25%)
*MATCHING FUNDS (In-Kind Services) * $22,148
TOTAL SALARIES AND BENEFITS 22,148
B. CONSULTANTS/CONTRACTS
Contract for Services from YWCA of Hawaii Island:
SAFE Coordinator %z Time (2) Positions
(20 hours per week for 12 months) $55,443
TOTAL CONSULTANTS/CONTRACTS 55 443
C. TRANSPORTATION AND SUBSISTENCE
For Specialized Training on U.S Mainland for
Four (4) SAFE Personnel or HCPD Detectives
Registration Fee: @ $500.00 X (4) $2000
Airfaze @ $920.00 X (4) $3680
Per Diem @ $130.00 (6 Days) X (4) $3120
Ground Trans @ $50 per day(6 days) X (4) $1200
TOTAL TRANSPORTATION AND SUBSISTENCE 11 000
D. OFFICE SUPPLIES - To be furnished by HCPD
TOTAL PROJECT COSTS $88,591
7
BUDGET EXPLANATION
SALARIES AND WAGES
Lieutenant (JAS Area I): Partial salary to serve as Agency Match
Salary rate utilized is for Lieutenant (PO 13) L4
plus Standard of Conduct Allowance $85 per month
CONSULTANTS/CONTRACTS
SAFE Coordinator: 2 Positions contracted through the YWCA ofHawaii Island
Part-Time Positions (20 hours per wk)
East Hawaii and West Hawaii
$24/hr X 80 hrs = $1920 month]y
Agency Administrative Cost to be included as part of Contract
TRANSPORTATION AND SUBSISTENCE
Four SAFE Program personnel and/or HCPD detectives
to attend National Training in Sexual Assault Investigations,
Sexual Assault Forensic Examinations and/or other pertinent
specialized training. Attendance to National Training by each
SAFE Coordinator is a program priority.
The Training sessions to be attended and/or destinations are
undetermined. The specialized training most beneficial to the
program shall be detemtined by the Project Manager and SAFE
Coordinators.
All established State of Hawaii Travel rates and restrictions to
be strictly adhered to.
8
PART N. ATTACHMENTS
All appropriate forms must be completed and signed by an authorized person. The following forms
MUST be attached as part of the application by all applicant agencies.
A. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A)
B. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3)
C. CERTIFICATION OF NON-DISCRIMINATION (AG/CPJAD #15)
D. CERTIFICATION (EQUAL EMPLOYMENT OPPORTUNITY PROGRAM)
(OCR form; expiration date: 09/30/2002)
E. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT
(AG/CPJAD #16)
F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION (OJP Form 4061/1)
Special Certifications/Clearance (to be submitted ONLY if applicable to your agency):
1. CERTIFICATION REGARDING LOBBYING (AG/CPJAD #22)
Required only for awards of $100,000 or more.
2. State and II2S Tax Clearance (Form A-6)
Required for private, non-profit organizations.
32
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against
Women Formula Grant Program established under Title N of the Violent Crime Control
and Law Enforcement Act of 1994, Public Law No. 103-322.
2. Any grant awazded pursuant to this application shall be subject to and will be administered
in conformity with:
(a) general conditions applicable to administration of grants under Title N of the
Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-
322, as applicable;
(b) conditions applicable to the fiscal administration of grants under Title N of the
Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-
322, as applicable;
(c) any special conditions contained in the grant award; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance
Division.
3. Any grant received as a result of this application maybe terminated, or fund payment may
be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a
substantial failure to comply with the foregoing provisions, the application obligations or for
non-availability of funds.
SUBMITTED BY:
signature: _ ~ Date: OCT 2 9 2004
-
Nameail,~'° LAWRENCE K. MIIHUNA Title: POLICE CHIEF
r
Agency: HAWAII COUNTY POLICE DEPAR'IMIIV'T
AG/CPJAD #14A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for ]aw enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED BY:
~ / OCT 2 9 2004
Signature: ~ /~%~~V l`- Date:
Name: Irt'• TAjro~rr~F K MAHf INA T1tIC: R7T.TrF. C'FiTF.F
Agency: HAWAII COUNTY POLICE DEPAR'IMENf
AG/CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIIyIINATION
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 DC of the Education Amendments of 1972; the Age
Discrimination Act of 1975; the Department ofJustice Nondiscrimination Regulations 28 CFR Part
42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy discrimination,
28 CFR Part 35 and Part 39. No person shall, on the grounds ofrace, color, religion, national origin,
sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in connection with anypmgtam or activity funded in
whole or in part with funds made available under this title from the U.S. Department of Justice
through the Department ofthe Attorney General, Crime Prevention and Justice Assistance Division.
The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity
Program (EEOP) in accordance with 28 CFR 42.301, et. seg•, it will maintain a current one on file.
Noncompliance with the discrimination regulations may result in the suspension or termination of
fixnding.
SUBMITTED BY: ,
Signature: - ~ Date: ~CT 2 9 2~~4
~~i
~1O LAWRE[VCE K. MAHtJNA Title: POLICE CHIEF
Name:
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #15 06/02
CERTIFICATION FORM
Recipient Name and Address: HAWAII COUNTY POLICE DEPAR'I'MII~TP 349 ICapiolani St. Kilo Hi 96720
Grant Title: SAFE Coordinators Pro~eet Grant Number: Award Amount: $88,591.00
Contact Person Name and Title: Samuel Thomas (captain) Phone Number: (808) 961-2251
Federal regulattons require rectpients oC financial assistance from the Office of Justice Programs (O1P), its component agencies, and the
Office o(Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP far review, and implement an Equal
Employment Opportunity Plan (ESOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to O1P for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete eirh er Section A or Section B, not both. If a recipient receives multiple OlP or COPS grants,
please complete a form for each grant, ensuring that any ESOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7'"Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the ESOP Requirement P/ease check a(! the boles that
apply.
? Recipient has less than 50 employees, ? Recipient is an Indian tribe,
? Recipient is anon-profit organization, ? Recipient is an educational institution, or
? Recipient is a medical institution, ? Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an ESOP for the reason(s) checked above, punuan[ to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward Cor $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, T A FTr'F K_ MAHf INA [responsible official], certify that
the HAWAII COUNTY POT.TCE DE_pAR'IT~NT [recipient],whichhos 50 or more
employees and is receiving a single award or subawazd for $25,000 or more, but less than $500,000, has fotmulated an
EEOP in accordance with 28 CFR §42.301, er seq., subpart E. I further certify that the EEOP has been formulated and
sieved into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: HA4~IIIII CfYtt`TT'Y POLICE DEPAR'IMMIIVT [organization],
at 349 Kapiolani Street Hilo Hawaii 96720 (address],for review by the public and
employees or for review or audit by officials of the relevant state pl rating agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of justice, as required by relev t laws and regulations.
LAWRIIVCE K. MAHUNA POLICE CHIEF ~ " OCT 2 9 ZOO4
Print or type Name and Title Sign
aTure Date
Ohla Appro.al No I RI-0140 Erpimuon Date:01/71 O6
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIItEMENTS
I, HAWAII COUNTY POLICE DEPARTMIIV'P (hereinafter referred to as
"grantee" certifies that it will provide adrug-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 adrug-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;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that maybe imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Deparhnent of the Attorney General, State of Hawaii, within ten (10)
days after receiving notice under subparagraph (d) (2) from an employee or otherwise
receiving actual notice of such conviction;
(fj taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD rf16 06/02
(1) taking appropriate personnel action against such an employee, up to and
including temunation; 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;
(g) making a good faith effort to continue to maintain adrug-free workplace through
implementation of pazagraphs (a), (b), (c), (d), (e), and (f).
II. The grantee shall insert in the space provided below the site(s) for the performance ofwork
done in connection with this specific grant:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
HA4g1I I
County' County
SUBMITTED BY:
Signature: ~J~~ Date: OCT 2 y 2004
Name: LAWRINCE K. MAH[TPIA Title: POLICE CHIEF
Agency: HANFIII COUNTY POLICE DEPARTMENT
AG/CPJAD #16 06/02
~ U.S. DEPARTMENT OF JVSTICE
~~'`j~~,I~~, OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tlsr Covered Transactions
(Sub-Recipient)
This certification is repuired by the repulatlons imptemontlnq Executive Order 12549, Debarment and
Suspanslan, 28 CFR Part 67, Section 67.510, Pariicipanis' rosponslbilities. The raqulallons wore published
as Part VII of the May 26. 1988 Federal Register (pages 19166•'t92t1).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(t) The prospectlro tower 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
excluCed from participation In this transaction by any Federal department or agency.
(2) Where the Drospective lower tier participant Is unable to certify to any of tha statements to this coriili-
catton, such prospective participant shalt attach an explanation to this proposal.,
LAWRENCE K. MAHUNA POLICE CHIEF
Na and Itlo of Authorized Re resentative
to ~2q
Signature Date
HAWAII COUNTY POLICE DEPAR'ITtEIVT
Name of OrganLtatlon
349 Kapiolani Street Hilo Hawaii 96720
Address of Organization
0:9 ~pRU e~yi,f Gtr V 7M1 cn'+~+ rJ+e~f are OGlOY4