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HomeMy WebLinkAboutCOM 0412.000 1998-2000Stephen K. Yamashiro Mayor August 9, 1999 tountp of ji 'aboatt DEPARTMENT OF FINANCE 25 Aupum Street, Room 118 • Hilo, Hawaii 96720 -4252 (808) 961-8234 • Fax (808) 961 -8248 Honorable James Arakaki, Chairperson and Members of the County Council Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 Re: Domestic Violence /Sexual Assault Training Grant Enclosed is a resolution authorizing the Mayor to enter into an agreement with the Department of the Attorney General for the purchase of 50 35 mm cameras and a colposcope to photograph documentation of forensic injuries to sexual assault victims. If there are any questions, please do not hesitate to call the Hawaii County Police Department. fi Harry A. Takah`ash Director of Finance VED: 4 ���/// — Stephen K. Yamashiro Mayor Enc. R.ts• /3o-9t Comm. No, File No. Harry A. Takahashi Director S. K. Schutte Deputy 21(Z USG Ref. To: F 11 1999 Ref. Date BENJAMIN J. CAVETANO GOVERNOR The Honorable Wayne Carvalho Chief of Police Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Carvalho: LK /AW:aw Enclosure c: Susan Chang, ASO • July 29, 1999 19944 AUG -2 PH 1:31 STATE OF H T A RO t 1 CE DEPARTMENT OF THE ATT 425 QUEEN STREET HONOLULU, HAWAII 96813 (808) 686 -1600 Crime Prevention and Justice Assistance Division Enclosed please find the fully executed contract for the following project: Number: 96- VAWA -7A Title: Domestic Violence /Sexual Assault Training Period: March 1, 1999 to September 30, 1999 Amount: $43.31 You may begin to request funds for your project by submitting a completed Request for Funds and Cash Balance Report Form (AG /CPJA form 7) to our office. If you have any questions or concerns regarding the contract, please call Tony Wong at 586 -1096. • Sincerely, ri Koga Administrator THOMAS R. KELLER ACTING ATTORNEY GENERAL 1542 �• O THIS CONTRACT, dated C O N T R A C T • Project Number 96- VAWA -7A 'AM. 9 9 1999 , 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 Department hereinafter called "Grantee ". WTTNFSSETH WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 42 U. S. C. 3796 gt sea., as amended (hereinafter "Act "), was enacted to make grants to states for developing and strengthening effective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women. Offices and agencies of the state government, units of local government, Indian tribes, and non- profit, non - governmental victim services programs are eligible to apply to states for subgrants under the seven broad purpose areas: (1) training for law enforcement officers and prosecutors to identify and respond more effectively to violent crimes against women, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement • • - - officers and prosecutors that specifically target violent crimes against women; (3) developing and implementing more effective police and prosecution policies and services for preventing and responding to violent crimes against women; (4) developing and improving data collection and communications systems linking police, prosecutors, and courts or for purposes of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions; (5) developing, expanding, or improving victim services programs, including improved delivery of such services for racial, cultural, linguistic and ethnic minorities, and the disabled, and providing specialized domestic violence court advocates; (6) developing and enhancing programs addressing stalking; and (7) developing and enhancing programs addressing the special needs and circumstances of Indian tribes in dealing with violent crimes against women. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; WHEREAS, Grantee is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. 2 1 • • 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 Grantee is capable of using the federal funds requested appropriately; WHEREAS, Grantee has demonstrated the capacity to provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit 3 this Contract • • "A" and by rerence incorporated herein. includes 4 It is understood that as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants." B. TERM OF CONTRACT. This Contract shall be in effect for the period from March 1, 1999 to and including Septembe 30, 1 999 unless this Contract is sooner terminated as hereinafter provided. C. PERF•• • E RE • R NT AND •NDITI•N 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 r • • be used - for criminal justice purposes before title in such property may vest in Grantee. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency. 3. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Drug -Free Workplace Requirements which meets the requirements of the Drug Free Workplace Act of 1988 (Pub. L. 100 -690, Title V, Subtitle D), hereinafter referred to as the "Drug -Free Workplace Certification ". A copy of the Drug -Free Workplace Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Drug -Free Workplace Certification are true and that Grantee shall fulfill the requirements set forth therein. Grantee's execution and submission of a false Drug -Free Workplace Certification, or Grantee's violation of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and /or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug -Free Workplace Certification shall subject the State of Hawaii to government -wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and /or the unavailability of future funding for Grantee. 5 • 4 Prior to, or concurrently with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment, Suspension, Ineligibility and _ Voluntary Exclusion, hereinafter referred to as the "Debarment Certification ". A copy of the Debarment Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Debarment Certification are true and that Grantee shall fulfill any and all terms and conditions set forth herein. 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Lobbying, hereinafter referred to as the "Lobbying Certification ", and any subsequent disclosure forms required under Section 1352, Title 31 U. S. C. A copy of the Lobbying Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true and that Grantee shall fulfill any and all terms and conditions set forth therein. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own books, records, and documents are 6 • • - available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit reports in such form and at such times as Agency or the Bureau of Justice Assistance may require; at minimum, Grantee shall submit quarterly financial reports twenty (20) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained and accessible to Agency and the United States Department of Justice for at least three years after Agency's grant with the Bureau of Justice Assistance is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local government which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A -128. 9. Grantee will comply with the non - discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), 7 • 8 - the United States Department of Justice Non - Discrimination Regulations, 28 C.F.R. Part 42, Subparts C, D, E and G, the Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 10. Grantee assures Agency that if it is required to formulate an Equal Employment Opportunity Program in accordance with 28 C.F.R. 42.301 et seq. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Ten thousand eight hundred twenty -nine dollars ($10,829.00) are available as matching funds to provide the services under this contract. Grantee shall maintain records which clearly show the source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. 13. The source of funding for this contract is • • federar funds and the provisions of Hawaii Revised Statutes, Section 29 -15 shall apply. - D. PERSONNEL. 1. Grantee shall secure at its own expense, all personnel required to perform the services required under this Contract. All such personnel shall not be considered employees of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed one year, and funds to the private organization will not be released unless and until the requirements set forth in Chapter 42D, Hawaii Revised Statutes, and the implementing rules of the Department of Budget and Finance, State of Hawaii, insofar as applicable, are complied with by the subcontractor. All 9 l • • 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. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly 10 afforded state employees by statutes. Grantee shall be responsible for payment of income, social security, and other federal, state or local taxes that it may be required to pay. 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 Thirty two thousand four hundred eightv - seven dollars ($32,487.00) 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. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this contract to be payable out of federal funds, this contract shall be construed to be an agreement to pay such portion to the contractor only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. 11 4 ' 4 • • 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. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the 12 t • • deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts or activities of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of .Grantee, its officers, employees, agents, or subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, 13 • • table, map, or study given tb or prepared or assembled by Grantee under this Contract which is/ identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/ statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire ". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. 14 1 a • • L MODIFICATION OF CONTRACT. Any modification, alteration, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A ") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, shall be reduced to a written supplemental agreement and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A ". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty -five (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. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or 15 indirect that would conflict in any manner or degree with the performance of the services under this Contract. - N. TERMINATION OF CONTRACT. If, for any cause, Grantee fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. Grantee shall be entitled to receive only such compensation as shall have been 16 • • satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's 17 request. Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. Contract. IN WITNESS WHEREOF, the parties hereto have executed this APPROVED AS TO FORM , O ;puUJ torney GtrktiaL State of Hatwi By Its APPROVED AS TO FO AND LEGALITY: Deputy Corporation Counsel APPROVAL RECOMMENDED: • • Chief bt Police DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ( "AGENCY ") 18 HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII ( "GRANTEE ") By Its By r 4katkv- Its • • STATE OF HAWAII COUNTY OF HAWAII HAWAII COUNTY POLICE DEPT.- • • ) ss: On this 14th day of July 1999 before me, Myrleen K. Kaloi, the undersigned Notary Public, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed on behalf of County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. i 'KAE. EEN K. L L I Notary Public, State of Hawaii My commission expires: 2/16/2001 L' *DESCRIPTION OF DOCUMENT* TITLE OR TYPE OF DOCUMENT: -CONTRACT- DOCUMENT DATE: - 7/14/99- NUMBER OF PAGES: -41- PARTIES TO DOCUMENT: -DEPT. OF THE ATTORNEY GENERAL, STATE OF HAWAII/ SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $ 32,487.00 Agency Match 25% $ 10,829.00 TOTAL 100% $ 43,316.00 • • DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 PART 1. TITLE PAGE APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT A. PROJECT TITLE: DOMESTIC VIOLENCE /SEXUAL ASSAULT TRAINING B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT C. ADDRESS: 349 KAPIOLANI STREET, HILO, HAWAII 96720 D. PROJECT PERIOD: MARCH 1, 1999 TO SEPTEMBER 30, 1999 E. AUTHORIZED PROGRAM PURPOSE: 1 F. TOTAL PROJECT G. PROJECT DIRECTOR: James Day TITLE: Captain COSTS: Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: (808) 961 -2251 Fax: (808) 961 -2376 H. FINANCIAL OFFICER: Gary Maesato TITLE: Business Manager Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: (808) 961 -2274 AG /CPJA #1 -VAWA (2/96) Fax: (808) 961 -2390 FOR CPJA USE Date Received: 6/29/99 Project Number: 96- VAWA -7A • • DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 PART 1. TITLE PAGE APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT A. PROJECT TITLE: DOMESTIC VIOLENCE /SEXUAL ASSAULT TRAINING B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT C. ADDRESS: 349 KAPIOLANI STREET, HILO, HAWAII 96720 D. PROJECT PERIOD: MARCH 1, 1999 TO SEPTEMBER 30, 1999 E. AUTHORIZED PROGRAM PURPOSE: 1 F. TOTAL PROJECT G. PROJECT DIRECTOR: James Day TITLE: Captain COSTS: Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: (808) 961 -2251 Fax: (808) 961 -2376 H. FINANCIAL OFFICER: Gary Maesato TITLE: Business Manager Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: (808) 961 -2274 AG /CPJA #1 -VAWA (2/96) Fax: (808) 961 -2390 INTRODUCTION • • PART II. DESCRIPTION OF PROJECT This is an enhancement of Project 96- VAWA -7 that will enable necessary equipment (35 mm cameras and colposcope) to be purchased to support the investigation of domestic violence and sexual assault cases. While the budget requirements are limited, the narrative reflects the entire objectives and activities of the original project in order to put the use of the equipment in the proper context. The addition of an objective to increase the capability for photographic documentation of forensic injury to victims of sexual assault is an enhancement of the original project. It M PROBLEM STATEMENT The County of Hawaii has a population of 137,531. During calendar year 1996, the Hawaii Police Department investigated a total of 1116 reports for the offense of Abuse of a Family or Household Member. This number merely reflects the misdemeanor offenses investigated and does not account for the felony assaults that may also be related to acts of domestic violence. Of the 1116 reports initiated, 252, (23%) resulted in the issuance of the Hawaii Police Department. 24 -Hour Warning Citation and as such are not offenses whereby the responsible party is subject to arrest. Of the remaining 864 cases, 419, (48%) resulted in the arrest and charge of the responsible party; 40, (.05%) resulted in the responsible person being arrested and later released; 393, (45%) of the cases involved investigations that were conducted without an arrest being affected; and 12, (.01%) reports were for individuals who were ordered by the Court to report for identification processing. All of the above mentioned cases were forwarded to the Prosecutor's Office for their review and final disposition. In reference to offenses relating to Violation of Protective Order for the calendar year 1996, the Department initiated 498 cases. Of the 498 investigations, 156, (31%) resulted in the responsible person being arrested and charged; 13, (.03%) of the cases resulted in the arrest and later release of the responsible person with the investigation referred to the Prosecutor; 313, (63%) cases were investigated and later referred to the Prosecutor for review and disposition; and 16, (.03%) of the cases were for court ordered identification processing. In addition the Department investigated 45 reports of sexual assault, (rape as defined in the UCR Report), during this same time period. These statistics were reported in our Uniform Crime Report, Part I Index Crimes Statistics for 1996. Of the 45 reported incidents of rape, the Department reported a clearance rate of 84%, (38) through arrest or otherwise. As for the other sexual offenses, there were 265 additional incidents reported of which 48%, (126) were also cleared by an arrest of the perpetrator or otherwise. For the calendar year 1997, the Department initiated 1088 investigations relating to the Abuse of a Family or •4 Household Member. (Note: This number only reflects misdemeanor cases.) 253, (23%) of the incidents resulted in the issuance of the warning citation. Of the remaining 834 investigations, 449, (54%) of the cases resulted in the responsible person being arrested and charged for the offense; 31 (.04%) resulted in the responsible person being arrested and released; 327 (39%) of the cases were investigated without any arrest; 27, (.03%) were court ordered to appear for identification processing; and 1 investigation was determined to be unfounded. During this same period, the Hawaii Police Department initiated 8 cases for the offense of Harassment by Stalking. 1 case (13%), resulted in the responsible person being arrested and charged for the offense; 2, (25%) cases resulted in the arrest and release of the responsible person; and 5, (.63%) were investigated without an arrest. All of the before mentioned cases referred to the Prosecutor's Office for their review and disposition. During the period of January to June 30, 1997, the Department investigated 24 reported incidents of rape, of which 17, (71)% were cleared by arrest or otherwise. A total of 128 other sex offenses were reported during this same period. Of these cases, 177, (138%) were cleared through an arrest or by another method. On the average, police officers assigned to Field Operations carry a case load of 17 investigations per month. These cases run the field of criminal incidents and does not include an officers non - criminal assignments, such as traffic, civil disturbances, and other requests for service. Case loads vary by the makeup and geographical size of the areas in the County of Hawaii. Certain districts have a higher propensity for crime and requests for service. For example, officers in the South Hilo, Kona, and Puna Field Operations Districts carry a higher case load than that of the smaller rural districts of North Hilo, Hamakua, Kau and North and South Kohala. It is relatively apparent that most of the statistical data represented in this application is the end result of incidents that have occurred in the three major districts of South Hilo, Puna and Kona. The Hawaii Police Department currently provides 16 hours of domestic violence and 8 hours of sexual assault training to our recruits. In general the training entails departmental protocol, procedures, and investigative techniques. The Department further provides in- service or recall training whenever possible and necessary, at times contingent of resources. The Department possesses a standard for the handling of all incidents of and sexual assault. on the availability policy or protocol domestic violence The sexual assault protocol mandates the utilization of the Sexual Assault Nurse Examiner (SANE). As part of the investigation, this program requires that a nurse conduct the forensic examination. There are only nine certified examiners in the County, six are situated in East Hawaii and three in West Hawaii. The SANE program was initiated after an unfortunate incident that occurred at the Hilo Medical Center, in early 1995. A sexual assault victim was forced to wait for in excess of 5 hours at the emergency room for a qualified medical person to conduct the required examination. Following this incident and with the assistance of the Santa Cruz Forensic Nursing Services, Hawaii County conducted a Sexual Assault Nurse's Examiner training. The protocol calls for the examiner to assist the investigator in the collection of forensic and photographic evidence from both the victim and the suspect. A colposcope is an instrument utilized by the examiner to take photographs of forensic evidence in these cases. Along with a 35mm camera, they are necessary tools for the successful investigation of these incidents. The County of Hawaii has the following negative factors. The County is in a depressed economy causing the closing of local businesses, the moving of some businesses to other locations out of the state, both of which result in the loss of employment for local residents. Hawaii County also has the highest percentage of domestic violence related homicides in the State. The Mental Health Association reports the County of Hawaii having the most negative social indicators in the State. The County of Hawaii has limited service providers or programs to reach all the areas of the island to give support or education to the members of the communities. These factors, and others, make it a strong probability that incidents of domestic violence and sexual assaults will increase in the future. It is important that the patrol officers, who are the first to respond to these types of incidents, be well aware of their role in the investigation of these crimes. SCOPE • • It is believed that the first line supervisors are in the best position to train the patrol officers and review the submitted reports. This places the immediate supervisor in a critical role of instructor to the supervisor's subordinates. The attitude and interest shown by the supervisor on the handling of incidents of domestic violence and sexual assault will be reflected in the officers. Through training of the immediate supervisors, who in turn will train their subordinates, better handling of these incidents will occur. This in turn will, quite possibly, improve the adjudication process, make others aware of the imminent punishment of violating these laws, and reduce the incidents of domestic violence and sexual assaults within the County of Hawaii. Within the Hawaii County Police Department there are two instructors for the handling of incidents of domestic violence. One instructor is assigned as a detective in the Juvenile Aid Section and is also responsible for the investigating of felony crimes involving juveniles. Other responsibilities include instructing all the recruit classes and acting as a liaison for the Department with other agencies within the County that are involved with domestic violence. The other instructor is a Patrol Lieutenant in the Kona District. Currently, a detective of either the Criminal Investigation Section or the Juvenile Aid Section, provides instruction for the police recruits. The Department would like to enhance its position and establish additional trainers and to increase their level of training expertise to a level where they can be considered as experts in these areas. SPECIFIC PROBLEM First, the Hawaii County Police Department lacks sufficient personnel to maintain a specialized Domestic Violence Unit to conduct follow -up investigations. For the most part, the burden to conduct these investigations fall on the patrol officer. Patrol supervisors review and approve reports generated by the beat officers, however there have been occasions whereby the reports were incomplete, not submitted in a timely manner, or not thorough enough to sustain the charge in court. GOALS AND OBJECTIVES GOAL OBJECTIVES • • Secondly, the beat officer who is the first to make contact with sexual assault victims, needs further training to improve their communication skills, especially in their communicating and handling of a victim. Additionally current methods, procedures and techniques need to be taught to the officers. The reviewing of all reports must be done to allow for an accurate evaluation and assessment of the grant program. The strengths and weaknesses will be more apparent to determine the effectiveness of the training. Future needs and adjustments can then be correlated. These deficits are not limited to any one specific police district within the County, although it is more prevalent in those districts previously mentioned where a large volume of these cases occur. The officer's degree of understanding in the dynamics of domestic violence will affect the officer's investigative performance as well as the victim's perception of the police purpose. A good understanding of the dynamics involved in domestic violence will allow the officer to understand the emotions and behavior of the victim. The result should be investigations that are thorough and complete. Increased and continuous training in the proper handling of these incidents will adversely impact several segments of the law enforcement and criminal justice system. The result should be an increase in the number of cases that are forwarded to these agencies for prosecution and adjudication. Those agencies may require additional resources should the increase be substantial. To improve the law enforcement response to domestic violence and sexual assault incidents in Hawaii County through increased specialized training and services for adult female victims of domestic violence and sexual assault. 1. To have 100% of first line supervisors and detectives of the Hawaii County Police Department become "specialists in the fields of domestic violence and sexual assault against adult women by providing courses to include the issues of domestic STRATEGY • • violence and sexual assault investigations, enforcement of orders, documentation, and other related training. 2. To improve the quality of investigation of _ incidents of DV /SA by responding officers through training conducted by the "specialists" for a minimum of 85% of the patrol officer personnel. 3. To improve the quality of reporting documentation and evidence recovery techniques by training a minimum of 75% of patrol officers in these subject areas and equipping at least 75% of them with 35 MM cameras for the photographing of injuries sustained by the DV /SA victims. 4. To increase the percentage of arrests for domestic violence arrestable incidents by 7% as compared to the previous year. 5. To increase the number of Sexual Assault Nurse Examiners (SANE) by 20%. 6. To increase the Hawaii County Police Department's training capacity in domestic violence and sexual assault by providing three DV /SA trainers in addition to the first line supervisors. 7. Increase the capability for photographic documentation of forensic injury to victims of sexual assault by 33%. The approach being taken by the Hawaii County Police Department is to provide a minimum of four, sixteen hour specialized training sessions during the grant period. Eight hours will be on the issues of domestic violence, eight hours on the issues on sexual assault. All sergeants and detectives within the Department will receive this training, the desired outcome of them becoming "specialists ", or resource persons, knowledgeable on the investigations of these crimes. The idea behind training the detectives is they may find themselves in a patrol position, supervising patrol personnel, be it through transfer or promotion, and will themselves be responsible for the approval of reports involving investigations of these crimes. Topics covered would include, but not be limited to, the police role in handling incidents of domestic violence and sexual assault, the laws and policies for handling these crimes, the dynamics involved, the scope of the problem, and outer agencies and resources. Instruction will be through lecture, visual aids, and guest speakers. The_ intent is that the sergeants will able to provide in- service training to their subordinates on a regular basis, and should a detective be re- assigned to a patrol section, be aware of the issues involved. The training will be conducted by Hawaii County Police Department personnel, which includes Detective Lawrence Balberde, Department trainers, and others who are knowledgeable in the dynamics, handling, and documenting of these crimes, and other law enforcement personnel from other agencies, when available. A panel, comprised of a former victim of domestic violence, a former batterer, and a victim of sexual assault, will be giving the class a presentation on their personal experiences while they themselves were victims or perpetrators of these crimes. Panels of this have been used in previous classes and have a positive impact on the class. It allows the class to ask questions and receive answers from those that have first hand experience in these incidents. A representative of the Hawaii County Prosecutor's Office will present issues that arise in the courts, the problems and solutions, in effectively prosecuting these offenses. A Family Court judge will be speaking to the classes on the Court's expectations regarding Temporary Restraining Orders and Protective Orders, and explain the purpose of these types of orders, and the police role in enforcing the orders. Civilian experts will also be utilized to cover programs available to assist the victims of these crimes. The Sexual Assault Nurse Examiners will be trained in Adult /Adolescent Sexual Assault Examinations by an instructor from San Francisco, a profiler, and local trainers from within the State and County. The same protocol is followed for the forensic examinations of adult and adolescent females. Scheduling for the training will be done as soon as possible. This training will be held within the County of Hawaii. The SANE program has been established and has proven effective. A poll conducted by an administrator of the Hilo Medical Center revealed that of all the medical doctors in the County of Hawaii, only one, a plastic 1 • • • • surgeon, was willing to conduct the forensic examinations in sexual assault cases. Due to logistics and geography of the island of Hawaii, it would be nearly impossible for one doctor to do all the forensic examinations in the County. Personnel from the Hawaii County Police Department will be sent to training sessions and /or conferences on the mainland to learn about the dynamics, issues, current trends and other details in handling incidents of domestic violence and sexual assault. The Department is exploring the possibility of sending [three] supervisory personnel to these trainings, as the trainings become available and are deemed to be beneficial to the needs of the Department. The placement of these additional trainers will be to have two in the South Hilo District, responsible for training in the South Hilo, Puna, Ka'u, and North Hilo districts; one in the South Kohala District, responsible for training in the South Kohala and North Kohala, and Hamakua districts; and one in the Kona District, responsible for training the Kona district. The instructors will be additionally responsible for providing the sergeants and /or detectives in their areas of responsibility with the most current and up to date information, materials, and trends involving incidents of domestic violence and sexual assault. 35 mm cameras will be purchased for use by investigators of domestic violence and sexual assault crimes against women. One camera for each of the detectives in the Criminal Investigation Sections of East and West Hawaii, one camera for each patrol supervisor (sergeant), and one camera for each patrol district. The cameras will allow for the documentation of injuries to the victim, the condition of the crime scene, and other relevant evidence. The photos then can be used in court during the trial of the responsible person, following proper recovery procedures. To provide for increased capability to photographically document forensic injuries to victims of sexual assault, an additional colposcope will be purchased. The County of Hawaii presently has two colposcopes, one at the Hilo Medical Center and the other at the Kona Hospital. A third colposcope will provide a spare unit in the event one of the present units should fail or need repair. At the present time, there are informal negotiations taking place for placement of a colposcope in the Waimea District. Waimea is the northern central point between Hilo and Kona, making it a strategic location for placement of a unit and performance of a forensic • examination. This would allow victims living in nearby communities another option to driving approximately one hour to Hilo or Kona for the examination. Following successful negotiations and finalizing arrangements, one unit will be placed at a medical facility in Waimea. PROJECT ORGANIZATION AND MANAGEMENT PERSONNEL Captain James Day, Commander of the Area I Criminal Investigation Division, will be the Project Director. Detective Lawrence Balberde, Juvenile Aid Section, Area I, will be the Project Manager, and shall report to the Project Director. He will be responsible to see that all conditions stipulated and agreed upon are adhered to. He shall monitor all budgetary items to see that all monies are utilized according to the contract, and to expend all funds granted. He shall also be responsible for the timely submission of all reports required of this project. It shall be the project Manager's responsibility to analyze and measure the effectiveness of the project and submit these findings to the Office of the Attorney General. Among the personnel involved will be Detective Lawrence Balberde, who, in addition to his investigative assignments, will coordinate and execute the project. In addition, there will be two other trainers from within the Hawaii Police Department to provide the courses in domestic violence and sexual assault. These trainers have not been selected as yet, and their biographies will be forwarded following their selection. Additional personnel will be obtained as the need arises, such as speakers and presenters. PERSONNEL BIOGRAPHIES Detective Balberde has been employed by the Hawaii Police Department for nearly 18 years and is presently assigned to the Juvenile Aid Section. He is also one of the Domestic Violence Instructors within the Department, serving in this capacity since 1991. He serves as a liaison between the Department and domestic violence agencies within the County of Hawaii. PARTICIPATING AGENCIES • Participating agencies in this project include the Hawaii Police Department; Family Crisis Shelter, Inc.; Child and Family Service; the Hawaii County Prosecutor's Office; the Family Court; the Office of the Public Defender; the Forensic Nursing Services from Santa Cruz, CA; and other civilian experts that may become available for presentations. PROJECT EVALUATION • • Performance indicators of this project are: 1. The completion of training 100% (59) of the first line supervisors and detectives on the handling and dynamics of domestic violence and sexual assault incidents. 2. The training of a minimum of 85% of the patrol officers within the County, with the training documented by the first line supervisors. Documentation of the "in- service" training will be forwarded to the Project Manager by the last day of the month following these training sessions. 3. Purchasing forty -eight 35 MM cameras and issuing the cameras out to the different districts and investigative units for use in the documentation of domestic violence and sexual assault incidents. 4. A percentage increase of arrests in domestic violence arrestable incidents as compared to the previous year by a minimum of 7%. 5. Increasing the number of Sexual Assault Nurse Examiners from 9 to a minimum of 11 for the County of Hawaii. 6. Increasing the number of Hawaii Police Department trainers in the areas of domestic violence and sexual assault combined, from 1 to 3. 7. Thoroughness in the documenting of domestic violence and sexual assault incidents will be analyzed as a part of this project to determine the training's effectiveness. 8. Consistent availability of three colposcopes in the County to be utilized for sexual assault investigations. A. SALARY AND WAGES E. EQUIPMENT 1 • • PART III. BUDGET AND EXPLANATION COST ELEMENT AMOUNT Bgsition Title Yearly Salary Detective Sergeant $46,284.00 Match amount.: 22% of salary = $10,829 Amount Item Coat 50 35 mm Camera $400 /ea = $20,000 For patrol investigation evidence documentation (1 ea: detectives in CIS, District patrol sergeants/ supervisors, and patrol districts) Colposcope $12,487 = $12,487 For photographic documentation of forensic injuries to sexual assault victims Subtotal $32,487 Total $43,316 • • PART IV. ATTACHMENTS A CERTIFICATION OF NON - SUPPLANTING (AG /CPJAD #3) B. ACCEPTANCE OF CONDITIONS (AG /CPJAD #14A) C. CERTIFICATION OF NON- DISCRIMINATION (AG /CPJAD #15) D. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENT (AG /CPJAD #16) E. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (OCR Form, expiration date: 12/31/98) F. CERTIFICATION REGARDING DEBARMENT, SUSPENSfON INELIGIBILITY, AND VOLUNTARY EXCLUSION (OJP Form 4061/1) G. CERTIFICATION REGARDING LOBBYING (required only for awards of $100,00 or more) • • 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 law enforcement, criminal justice, and victim compensation and assistance activities. AG /CPJAD #3 01/96 cn.tivfxk SUBMITTED BY: signature: Date: 4- 10 Name: Agency: WAYNE G. CARVALHO HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII Title: POL,TCF CHTFF • • • The undersigned agrees, on behalf of the applicant Agency, that: 1. This project, upon approval, shall constitute on ulfival part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violent Crime Cuntrol and Law Enforcement Act of 1994, Public Law No. 103 -322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title IV of the Violent Crime Control and Law Enforcement At of 1994, Public Law No. 103 - 322, as applicable; (b) conditions applicable to the fiscal administration of grants under Tide IV of the Violent Crime Control and Law Enforcement At of 1994, Public Law No. 103 -322, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non- availability of funds. SUBMITTED BY: Signature: 6,. a"^"" """' Date: ' , t — // Name; WA G. CARVALHO Title: POLICE CHIEF Agency:. HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII AG /CPJAD #14A (8/96) .\CCEPTANCE OF CONDITIONS C•FICATION of NON- DISCRIMISION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U. S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, gt sea., it will maintain a currant one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: ','n',_ q Signature: V • �L^�+� Data: 'r /� -�/ Name: WAYVE G. CARVALHO Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII AG /CPJAD #15 01/96 (s) C °RTIFICATION REGARDING DRUG -FREE WORKPLACE REOUIREMENTS AG /CPJAD 016 01/96 • • DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division HAWAII POLICE DEPARTMENT (hereinafter referred to as "grantee ") certifies that it will provide a drug -free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing a drug -free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant 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: (3) 1 (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; notifying the Department of the Attorney General, State of Hawaii, within ton (10) days after receiving notice under subparagraph (d) 12) from an employee or otherwise receiving actual notice of such conviction; C oun t y • • (f) taking one of the following actions with respect to any employee - wYio - is so convicted: (g Hawaii SUBMITTED BY: Signature: Name: Agency: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a _drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani Street Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Code City, State, Zip Code AG /CPJAD 016 01/96 WA G. CARVALHO 6. cairZds County HAWAII POLICE DEPARTMENT, COUNTY OF HAWATT Date: Title: POT TrE CHTFF CERTIFICATION Grant Title: DOMESTIC VIOLENCE ?SEXUAL ASSAULT TRAINING Grantee Name: HAWAII POLICE DEPARTMENT Address: 349 Kapiolani Street Contact Person: Detective T e L 8 : (808) 961 -2276 Hilo, Hawaii 96720 Lawrence Balberde Grant Number: 96- VAWA -7A Award Amount: $43,316 Date and effective duration of EEOP: Policy Statement: Attached Certification Statement: February 23, 1993 (no expiration date) CERTIFICATION (EEOP ON FILE) I, WAYNE G. CARVALHO [agency executive officer], certify that the HAWAII POLICE DEPARTMENT, CII NTY OF HAWAII (agency] has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, g., subpart E, that it has been signed into effect by the proper agency authority and disseminated to all employees, and that it is on file in the Office of wAvr'w r, rAPVAT,un (name], 349 Kapiolani Street, Hilo, Hawaii 96720 (address], (title], for review or audit by officials of the cognizant State planning agency or the Office for Civil Rights, Office of Janice Programs as required by relevant laws and '' / ��regulations. t. 41 POLICE CHIEF JCId^i 4 [signature] WAYNE G. CARVALHO [title] [ae] CERTIFICATION (NO ESOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 50 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 28 CFR 42.301, [Z [signature] Expiration Date: 12/31/98 Revised 2/22/96 (title] [date] The Affirmative Action Plan of the County of Hawaii is available for review at the Mayor's Office, Department of Civil Service, Kona Services Center, and public libraries. STATEMENT OF POLICY it is the policy o= the County of Hawaii to take positive and continuing action to promote equal opportunity in its__._ ._ employment and contract programs and in its activities and Equal employment opportunities extend to all persons, regardless of race, sex, age, religion, color, national origin, handicap, marital status, or arrest and court record. it is the intent of this policy to: 1. Assure equal treatment in recruitment and evaluation of an individual's ability, knowledge, skills, and 2. Ensure non-discrimination in all personnel actions, including m,ut not limited to recruitment, selec•ior., assignment, compensation, transfer, layotf, and Le :minac,on. 3. E:istre that opportunities for career advancement are based on oe;ective stanaards and criteria valicly re.ated re performance and that the criteria he apclte'i consistently. 4. Provide that the conditions and benefits of work are available equally and allocated on the basis cf estatlisnad criteria anti without discrimination. The policy of equal opportunity shall be applied in accordance Witt _eceral, state, and local laws relating to equal employment opportunity _nd affirmative action, merit system rules and tequ_atiors, pro:•isions of collective bargaining :a_ and contracts, and other 1: lndirtg federal and state requirements. EXHIBtT Signature liti Address of Organization Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub - Recipient) Name of Organization 411 U.1. OCPARTM[MT OF JuSTIC • t OPFICC OF JUST1C PROGRAM orrice OF TMC COMPTROLLER (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) WAYNE G. CARVALHO, POLICE CHIEF Name and Title of Authorized Representative HAWAII POLICE DEPARTMENT, COUNTY OF HAWAII 349 Kapiolani Street, Hilo, Hawaii 96720 OM Fops an *VV. IRel Prins Sian M teems. ,r - t•rly Data This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibllitles. TM regulations were published as Part VII of the May 26, 1988 Waal Rep later (pages 1916019211). (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 voiuntarly excluded from participation in this transaction by any Federal department or agency. (Z) Where the prospective lower tier participant 1s unable to cattily to any of the statements In this certifi- cation, such prospective participant shall attach an explanation to this proposal.