HomeMy WebLinkAboutCOM 0041.032 2008-2010 oJM tY OF ~,,Y
William P. Kenoi :.; �� � /, ' Harry S. Kubojiri
Mayor Police Chief
Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
July 21, 2010 349 Kapiolani Street • Hilo, Hawaii 96720 -3998
(808) 935-3311 • Fax (808) 961 -8865
TO : J YOSHIMOTO, COUNCIL CHAIR AND COUNCIL MEMBERS
VIA : KAY OSHIRO, CO/ TROLLER i
FROM : HA ' K : • , POLICE CHIEF
SUBJECT : NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 10 -59, Section 7(1)
Name of Grant Program: Specialized Investigative Training
Federal or State Grantor: State Department of the Attorney General
Crime Prevention and Justice Assistance
Division
County Grantee Department/Agency: County Police Department
Grant No.: 07 -WF -03
Amount of Grant: $41,731.00
Amount of County Match: $10,433.00
County Revenue & Expenditures Acct #: 010.201.5216.25; 3308.05
Grant Period: July 1, 2010 through February 28, 2011
Purpose of Grant: To improve HPD's ability to respond to
violence crimes against women through
ongoing specialized training.
If final report required by grantor? yes
Notification Attached: yes
Ref. To: -- - ---
Ref • Da e _ 2 [11II..._.__
"Hawai`i County is an Equal Opportunity Provider and Employer"
" Project Number 07 -WF -03
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of July 1, 2010, by and between
the Department of the Attorney General, State of Hawaii,
hereinafter called "Agency," by and through the Attorney
General, and the Hawaii Police Department, hereinafter called
"Grantee."
WITNESSETH
WHEREAS, Title IV of the Violent Crime Control and Law
Enforcement Act of 1994, 42 U. S. C. 3796 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 fourteen broad
purpose areas:
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(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
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dating violence programs; developing or improving delivery
of victim services to underserved populations; providing
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,
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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 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.
(12) maintaining core victim services and criminal justice
initiatives, while supporting complementary new initiatives
and emergency services for victims and their families;
(13) supporting the placement of special victim assistants (to
be known as "Jessica Gonzales Victim Assistants ") in local
law enforcement agencies to serve as liaisons between
victims of domestic violence, dating violence, sexual
assault, and stalking and personnel in local law
enforcement agencies in order to improve the enforcement of
protection orders. Jessica Gonzales Victim Assistants shall
have expertise in domestic violence, dating violence,
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sexual assault, or stalking and may undertake the following
activities -
o Developing, in collaboration with prosecutors, courts,
and victim service providers, standardized response
policies for local law enforcement agencies, including
triage protocols to ensure that dangerous or potentially
lethal cases are identified and prioritized;
o Notifying persons seeking enforcement of protection
orders as to what responses will be provided by the
relevant law enforcement agency;
o Referring persons seeking enforcement of protection
orders to supplementary services (such as emergency
shelter programs, hotlines, or legal assistance
services); and
o Taking other appropriate action to assist or secure the
safety of the person seeking enforcement of a protection
order; and
(14) To provide funding to law enforcement agencies, nonprofit
nongovernmental victim service providers, and State,
tribal, territorial, and local governments, (which funding
stream shall be known as the Crystal Judson Domestic
Violence Protocol Program) to promote -
o The development and implementation of training for local
victim domestic violence service providers, and to fund
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victim services personnel, to be known as "Crystal
Judson Victim Advocates ", to provide supportive services
and advocacy for victims of domestic violence committed
by law enforcement personnel:
° The implementation of protocols within law enforcement
agencies to ensure consistent and effective responses to
the commission of domestic violence by personnel within
such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police
[`Domestic Violence by Police Officers: A Policy of the
IACP, Police Response to Violence Against Women Project'
July 2003]):
° The development of such protocols in collaboration with
State, tribal, territorial and local victim services
providers and domestic violence coalitions.
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 contained in the STOP Violence Against Women Formula
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Grant Program Guidance, and 28 C.F.R. Chapter 1, Part 66, 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
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the "Application For Grant" (Parts I through IV including all
certifications required under Section C) and the Acceptance of
VAWA Special Conditions 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
Office of Justice Programs' financial manual entitled "Financial
Guide."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period from
July 1, 2010 to and including February 28, 2011 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 guidance issued by the
Office on Violence Against Women, 28 C.F.R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
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Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
Office of Justice Programs' financial manual entitled "Financial
Guide."
2. 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.
3. 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.
4. Prior to, or concurrently with the execution
of this Contract, 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, U.S.C., Title 41, Chapter 10, §702),
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
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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
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. 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
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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. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and
submit to Agency a Certification of Non - Supplanting,
hereinafter referred to as the "Non- Supplanting
Certification." A copy of the Non - Supplanting
Certification shall be included in Part IV of the
Application for Grant. Grantee covenants that the
representations made in the Non - Supplanting 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.
7. 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
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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.
8. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control
and Safe Streets 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, or
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, or 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
educational programs; 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
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accessibility standards), 28 C.F.R. Part 35; Exec. Order
No. 13279, 28 C.F.R. Part 38 (equal protection of the laws
for 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.
9. 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.
10. 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
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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 on Violence Against Women may require.
Grantee shall submit quarterly financial reports fifteen
(15) calendar days after the end of each calendar quarter.
Grantee shall submit monthly request for funds and cash
balance reports fifteen (15) calendar days after the end of
each month. The final fiscal reports must be received by
Agency within sixty (60) days after the date this Contract
terminates or unless mandated earlier by Agency. 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 on Violence Against Women is
closed.
11. The final drawdown for funds must be
received by Agency within thirty (30) days after the date
this Contract terminates.
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 sixty (60) days after this Contract terminates shall
be returned to Agency.
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13. Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under
Part IV. Attachments, Acceptance of VAWA Special
Conditions.
14. 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.
Grantee shall submit a certification to Agency within
thirty (30) days after the date this Contract terminates.
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 and such personal
property shall be delivered to the Agency in good working
order upon expiration or sooner termination of this
Contract.
15. Grantee shall ensure that Ten Thousand, Four
Hundred Thirty -Three dollars ($10,433.00) 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
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matching contribution, Grantee shall return all of the
federal portion of the project cost for which Grantee does
not have the required match.
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 the term of
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this contract, and funds to the private organization will
not be released unless and until the requirements set forth
in applicable state law and implementing rules are complied
with by the subcontractor. All subcontracts shall include
provisions to ensure that Grantee is capable of satisfying
the requirements of this 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
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liability is determined to exist, to its agents and
employees or to third persons, for all loss, cost, damage
or injury caused by Grantee's agents and employees in the
course of their employment. The performance of work under
this Contract alone shall not be construed as employment
with the State of Hawaii and shall not entitle Grantee's
agents and employees to vacation, sick leave, retirement,
or other benefits directly afforded state employees by
statutes. Grantee shall be responsible for payment of 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 Thirty -
One Thousand, Two Hundred Ninety -Eight dollars ($31,298.00)
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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 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:
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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 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,
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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 omissions 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 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.
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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
expenditure of funds for the collection of identifiable
research /statistical data. All information, data, or other
material provided by the Grantee or the Agency shall be
kept confidential only to the extent permitted by law.
Grantee shall comply with the requirements of Chapters
487J, 487N and 487R, Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
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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 of compensation,
permitted by 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
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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.
N. TERMINATION OF CONTRACT.
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1. 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,
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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.
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.
0. 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
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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; 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.
27 Project 07 -WF -03
revised 5/2010)
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as
exhibits to this Contract. Any such exhibit shall be
attached hereto and thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have
executed this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWAII, ("AGENCY")
By
Deputy Attorney General
State of Hawaii Print Name Mark J. Bennett
Its Attorney General
Date
APPROVED AS TO FORM
AND LEGALITY: HAWAII POLICE DEPARTMENT
( "GRANTEE ")
Deputy Corporation Counsel By
County of Hawaii
Print Name
Title
Date
RECOMMEND APPROVAL:
By
Print Name Harry S. Kubojiri
Title Chief of Police
Date
28 Project 07 -WF -03
revised 5/2010)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Specialized Investigative Training
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720
D. PROJECT PERIOD: July 1, 2010 to February 28, 2011
E. AUTHORIZED PROGRAM PURPOSE: #1 Training law enforcement officers to more
effectively identify and respond to violent crimes against women, including the crimes
of sexual assault, domestic violence, and dating violence.
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $31,298
Agency Match 25% $10,433
TOTAL $41,731
G. PROJECT DIRECTOR: Lucille Melemai Title: Lieutenant, JAS Area 1
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: 961 -2276 FAX: 961 -2327 email: Imelemai @co.hawaii.hi.us
H. FINANCIAL OFFICER: Nori Ishii Title: Accountant IV
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: 961 -2273 FAX: 961 -2390 email: nishii(c�co.hawaii.hi.us
FOR CPJA USE
Date Received: 7 -13 -2010 revised Project Number: 07 -WF -03
AG /CPJA #1 -VAWA (2/96)
EXHIBIT A
PART II. DESCRIPTION OF PROJECT
A. THE PROBLEM
The Hawaii Police Department (HPD) views sexual, domestic and physical violence
against adult and adolescent victims as a serious problem. The following is a four year
comparison graph, representing abuse cases in the county of Hawaii.
Hawaii County Abuse Cases
1200 g
.. 1000
N = . z r . .
R
CU
V 800
L. 600 : " Abuse
CD �Y
E 40
Z 200 t�
Q S i3�
2004 2005 2006 2007
Year
During the period when numbers declined, unfortunately the following intimate partner
or family household murders were investigated: November 2005, Sarah Fay; July 2006,
(2) companions, Swain and Santa Isabel, of a domestic violence victim, Jarrell Nardin;
November 2006, Daysha Aiona Aka. June 2007, the highly publicized Vesperas-
Saniatan case of a returning veteran from Iraq fatally stabbing his son who intervened
during a domestic dispute, and his wife and her unborn child. Both Fay and Aiona Aka
had temporary restraining orders and both offenders in each case had been previously
arrested and prosecuted.
HPD'S Juvenile Aid Section (JAS) Area I (East Hawaii) and Area II (West Hawaii), are
responsible for investigating all sexual assaults and intimate partner violence which
includes but are not limited to physical abuse, assault, and sexual assaults. Cases which
do not involve an intimate partner or family household member are investigated by
HPD'S Criminal Investigation Section (CIS).
JAS Detectives require specialized training to continue to improve their investigative
skills. In order to have an effective victim interview and to promote successful
prosecution, these investigations require in -depth knowledge on victim dynamics.
1
Initially, JAS Detectives receive training in photography, evidence collection, report-
writing and other methods of documenting injuries for evidential purposes. When
detectives are assigned to the Juvenile Aid Sections they require specialized and updated
training so as to utilize the most current methods of investigating intimate partner
violence, whether that is a victim interview, documentation, and/or evidence recovery.
The quality of the evidence collected is determined by the Detective's training and
experience. Efficient evidence collection contributes to the successful investigation and
prosecution of cases involving violence against women.
Since 2007 HPD Juvenile Aid Section of both East and West Hawaii have had to work
understaffed. Much of the shortage of staff can be attributed to retirements or promotions
of well trained personnel.
These positions will be filled in the future through transfers or promotions. Newly
assigned detectives will require specialized training, not available in Hawaii, to
investigate violence against women and juveniles of both genders. Current detectives
and their supervisors require updated specialized training to maintain their level of
expertise in the investigation of these cases. This is a critical component to the
effectiveness of this agency and the prosecution of cases.
All JAS Lieutenants and Detectives must be trained in the current methods used in
interviewing victims, interrogation, evidence collection and preservation, court
preparation and presentation of evidence.
B. GOALS AND OBJECTIVES
a. Goal —The goal of this project is to improve Hawaii Police Department's
ability to investigate sexual assaults and other crimes against adult and
adolescent victims through ongoing specialized training in family
violence, sex assault, stalking and cyber stalking.
b. Objectives
i. To provide specialized training for detectives and their supervisors
covering the most current methods used in investigating sexual
assault crimes against women. This includes sexual assault training
on the mainland and within the state. HPD will utilize funding to
send detectives and their supervisors to specialized training on the
most current methods used in the investigation of sexual assaults
and other crimes against adult and adolescent victims.
ii. To identify any training methods or topics that may benefit other
members of the Criminal Investigations Division and Patrol
Division as it relates to violent crimes against adult and adolescent
victims.
iii. HPD CID Area I and Area II Supervisors will identify detectives
assigned to investigations involving VAWA priority areas and who
did not attend the specialized mainland training to ensure that they
receive in- service training from attendees.
2
iv. Supervisors will ensure that in- service training is given to those
investigators that include duties associated with violent crimes
against women and adolescents. In- service training will also be
provided to patrol investigators.
C. PROJECT ACTIVITIES
a. The Project Director will coordinate with Detectives who attended
specialized training to conduct in- service training presentations on the
most current methods used in investigating sexual assaults and other
crimes against adults and adolescents.
1. Four detectives and two supervisors will attend training
specific to the investigation of violent crimes of sexual assault and
domestic violence against adults and adolescents. Each attendee
will be required to submit a written report on the training received
to assess the effectiveness of the training as well as to identify
pertinent in- service training subjects.
2. Each of the four detectives attending training will share
training information to other detectives and field operations
personnel pertaining to investigative techniques and innovations in
the field of sexual assaults and domestic violence.
b. JAS Area I & Area II Supervisors will meet monthly in conferral with the
Office of the Prosecuting Attorney to receive input on the quality of police
reports, as well as assessing the on -going needs of investigators as it
relates to investigations, evidence collection, and report writing.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be the Lieutenant of the Juvenile Aid Section, Area I.
The Project Director will be responsible for scheduling all approved travel and
training, assessing the relevance of the training, and direct the project activities as
it relates to this project.
E. PERSONNEL
This project will not require the employment of personnel.
F. PARTICIPATING AGENCIES
The CID Supervisors and Detectives work cooperatively and collaboratively with
other government and non - government agencies, including the Office of the
Prosecuting Attorney, YWCA Empowering Alternatives, Big Island Coalition
Against Physical Abuse and Sexual Assault (BICAPSA), Children's' Justice
Center (CJC) East and West Hawaii; Oahu Sexual Assault Treatment Center
3
(SATC), State Department of Human Services, Hilo Medical Center, Kona
Community Hospital, North Hawaii Community Hospital, and Kapiolani
Children's' Hospital.
G. PROJECT EVALUATION
The specialized training provided as a result of this project will increase the
expertise and investigative techniques of the Detectives who receive the training,
as well as those that benefit from in- service training provided by the Detectives
who attend the specialized training. Improved forensic evidence collection,
interview techniques and other best practice techniques will improve the quality
of police reports and improve the likelihood of a successful prosecution for adult
and adolescent victims of sexual assault, domestic violence, dating violence, or
stalking.
The project will be evaluated by:
• The number of officers who attended out -of -state specialized training;
• The number of specialized training conference reports completed, which
should include recommendations for in- service training that may improve the
investigative techniques and skills of other officers and personnel responding
to victims of domestic violence, sexual assault, dating violence, or stalking;
• Written assessment on the on -going needs of investigators as it relates to
investigations, evidence collection, and report writing on cases involving
domestic violence, sexual assault, stalking, or dating violence.
• The number of meetings held with the Office of the Prosecuting Attorney; and
any written feedback on improving the quality of police reports.
4
•
PART III. BUDGET DETAIL
A. SALARIES AND WAGES
Detective (JAS Area I)
(In -Kind Match) $10,433.00
B. FRINGE BENEFITS
Not Applicable
C. CONSULTANTS
One Consultant to be brought in to Hawaii County to instruct on
specialized training for sexual assaults and other crimes against women. This
includes preparation time for instruction, review and consultation with students
after class. Cost is based on 5 days at $450 /day x 1 Consultant = $ 2,250.00
Airfare and per diem costs during travel and
non classroom related hours $ 4,013.00
CONSULTANT COSTS $ 6,263.00
D. TRANSPORTATION AND SUBSISTENCE
Registration Fee 6 persons x $500 $ 3,000.00
Airfare 6 persons x $1400 $ 8,400.00
Per Diem* 6 persons x 5.5 days x $145 $ 4,785.00
Ground Transportation 2 trips x 5 days x $75 $ 750.00
Excess Lodging 6 persons x 5 days x $70 $ 2,100.00
TOTAL $ 19,035 .00
* Lodging and per diem rates may be subject to CONUS or OCONUS rates.
"Grantee" will obtain prior written approval from "Agency" before
transportation/subsistence funds are expended.
E. OFFICE SUPPLIES $ 1,000
F. TRAINING
Training Sites 1) Specialized Training for Violence Against Women (5 days)
To be held at Hilo Hawaiian Hotel $ 5,000.00
TOTAL PROJECT COSTS $ 41,731.00
Federal Amount Requested $3 1,298
25% In -Kind Match (JAS Area I) $10,433
$41,731
5
BUDGET EXPLANATION
A. Agency match is the time encumbered by the Juvenile Aid Section of Area II,
calculated at 18% of full -time salary devoted to this project.
B. Fringe is not applicable.
C. A consultant will facilitate a training session locally to allow for a wide variety of
participants to receive such training. The consultant will be a recognized
professional in the field of sexual assault, domestic violence, or other field
pertaining to adult and adolescent victims of violent crimes. Selection of the
consultant to provide local training will be determined based on the assessed
needs of the agency as well as the availability of local resources in the subject
area. The selection will aim to appeal to a wide variety of local participants as
well as agency personnel.
D. Travel for 2 Supervisors and 4 Detectives from Hilo and Kona CID to attend
specialized training focused on the most current methods of investigating sexual
assaults and other crimes against women and children of both genders. Travel and
subsistence amounts shall comply with federal travel requirements. All mainland
travel shall be completed only with the prior written approval of the Office of the
Attorney General, CPJAD.
E. Printing, copying, and other consumables pertaining to training presentation and
note- taking by participants.
F. LOCAL TRAINING CLASSES to be presented by selected instructors in the
field of specialized training for sexual assaults and other crimes against women.
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 IV of the Violent Crime Control
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
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 IV 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 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: Date:
Name: Harry S. Kuboiiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #14A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
The undersigned Grantee understands and agrees, on behalf of its agency that:
1. A progress report shall be submitted to the CPJAD every six (6) months during the
project period. The report is due within thirty (30) days following the end of each six
month period and at the end of the project. The initial reporting period starts on the
project's start date. The appropriate report form will be provided to each project by the
CPJAD. (AG /CPJAD #20) The report shall contain information describing progress,
accomplishments, activities, changes and problems during the report period and any
additional information specified by the CPJAD.
2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
mandated earlier by CPJAD.
3. Fun unless ds Subcontracted to Faith Based Organizations
Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of grants may still engage in inherently religious activities, but
such activities must be separate in time or place from the Department of Justice funded
program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes
clear that organizations participating in programs funded by the Department of Justice are
not permitted to discriminate in the provision of services on the basis of a beneficiary's
religion. Notwithstanding any other special condition of this award, faith -based
organizations may, in some circumstances, consider religion as a basis for employment.
See http:// www. ojp .gov /about/ocr /equal_fbo.htm.
4. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by:
AG /CPJAD #26 VAWA Govt 06/10
Mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E -mail: oig.hotline @usdoj.gov
Hotline: (contact information in English and Spanish): (800) 869 -4499, or
Hotline fax: (202) 616 -9881.
Additional information is available from the DOJ OIG website at www.usdoj.gov /oig.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #26 VAWA Govt 06/10 2
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.
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #3 06/02
• DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON - DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees
and contractors with the non - discrimination requirements of:
• The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color,: national origin, religion, or sex, in OJP and
COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination • on the basis of
race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C.
§2000d and 28 C.F.R. §42.101 et seq.)
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of
disability in OJP and COPS funded programs or activities. (29 U.S.C. §794 and 28 C.F.R.
§42.501 et seq.)
• Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the
basis of race, color, national origin, religion, sex, or disability in VOCA funded programs
or activities. (42 U.S.C. §10604)
• Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on
the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132
and 28 C.F.R. Pt. 35)
• Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis
of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and
28 C.F.R. Pt. 54)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis
of age in OJP or COPS funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R.
§42.700 et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient
Persons.
• Executive Order No. 13279 regarding equal protection of the laws for faith -based
organizations. (28 C.F.R. pt. 38)
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be
excluded from participation in, be denied the benefits of, be subjected to discrimination under, or
be denied employment in connection with any program or activity funded in whole or in part
with funds made available under this title from the U.S. Department of Justice through the
Department of the Attorney General, Crime Prevention and Justice Assistance Division.
Noncompliance with the discrimination regulations may result in the suspension or termination
of funding.
SUBMITTED BY:
Signature:
Date:
Name: Harry S. Kuboiiri Title: Chief of Police
Agency: Hawaii Police Department, County of Hawaii
AG /CPJAD #15 3/10
•
CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department, 349 Kapiolani Street, Hilo, HI 96720
Grant Title: Specialized Investigative Training Grant Number: 07 -WF -03 Award Amount: $31,298.00
Contact Person Name and Title: Lieutenant Lucille Melemai Phone Number: (808)961 - 2254
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and
the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an
Equal Employment Opportunity Plan (EEOP) 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 OJP 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 either Section A or Section B, not both. If a recipient receives multiple
OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if
applicable) has been prepared within two years of the latest grant. Please 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 EEOP Requirement. Please check all the boxes that
apply
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non - 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 EEOP for the
reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply
with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services.
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 for $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, Harry S. Kuboiiri [responsible official], certify that the Hawaii Police Department [recipient],
which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less that $500,000,
has formulated an EEOP in accordance with 28 C.F.R §42.301, et seq., subpart E. I further certify that the EEOP has been
formulated and signed 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: Hawaii Police Department _[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 planning
agency or the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws
and regulations.
Harry S. Kubojiri, Chief o f Police
Print or type Name and Title Signature Date
OMB Approval No. 1121 -0140 Expiration Date: 01/31/06
• DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
INSTRUCTIONS
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
(AG /CPJAD #16)
1. By signing and/or submitting this application or grant agreement, the grantee, is providing
the certification set out on the form entitled Crime Prevention and Justice Assistance
Division, Department of the Attorney General, Certification Regarding Drug -Free Workplace
Requirements (hereinafter referred to as the "AG /CPJAD Form #16).
2. The certification set out on AG /CPJAD Form #16 is a material representation of fact upon
which reliance will placed when the Department of the Attorney General, State of Hawaii
(hereinafter referred to as "grantor ") determines to subgrant federal funds to the grantee.
Pursuant to the contract which grantor will offer grantee in the event a subgrant is awarded to
grantee, false certification or violation of the conditions set forth in the certification shall be
grounds for suspension of payments, or suspension or termination of the subgrant. Such
false certification of violation of the conditions contained in the certification shall subject the
State of Hawaii to governmentwide suspension or debarment, which shall, in turn, result in
the withdrawal of funds from the grantee and /or the unavailability of future funding for the
grantee.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG - FREE WORKPLACE REQUIREMENTS
Department of the Attorney General, Criminal Justice Division (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;
(3) 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:
(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 Department 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;
(0 taking one of the following actions with respect to any employee who is so
convicted:
AG /CPJAD #16 06/02
(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;
(g) 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
Hawaii
County County
SUBMITTED BY:
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawaii Police Department, Hawaii County
AG /CPJAD #16 06/02
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant 1s providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered Into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, In addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal Is submitted if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction,' "debarred," "suspended," "ineligible," "lower. tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used In this clause, have the meanings set out In the Definitions and Coverage
sections of rules implementing Executive Order 12549. '
5. The prospective Tower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
8. The prospective lower tier participant further agrees by submitting this proposal that it will Include
the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary
Exclusion — Lower Tier Covered Transactions," without modification, In all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant In a covered transaction may rely upon a certification of a prospective participant In a
lower tier covered transaction that it Is not debarred, suspended, Ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may check
the Nonprocurement List.
8. Nothing contained In the foregoing shalt be construed to require establishment of a system of
records In order to render In good faith the certification required by this clause. The knowledge and
information of a participant Is not required to exceed that which is normally possessed by a prudent
person In the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters Into a lower tier covered transaction with a person who Is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, Including suspension and /or debarment.
(4)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub- Recipient)
Mils certification Is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 87 Section 87.510, Participants' responsibilities. The regulations were published
as Part VII of the May 28, 1988 Federal Register (pages 19180- 19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor Its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation In this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certifi-
cation, such prospective participant shall attach an explanation to this proposal.
Harry S. Kubojiri, Chief of Police
Name and Title of Authorized Representative
Signature Date
Hawaii Police Department
•
Name of Organization
349 Kapiolani Street, Hilo, HI 96720 '
Address of Organization
OJP FOAM 405111 (REV. 216!) Previous editions are obsolete.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable,
with each submission that initiates agency consideration of such person for an award of a Federal
contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any non - Federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall initial here and complete and submit Standard Form # LLL, A Disclosure of
Lobbying Activities, in accordance with its instructions.
(3) Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval
of the U.S. Department of Justice, Office of Justice Programs.
(4) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers and that all subrecipients shall certify and disclose
accordingly.
Hawaii Police Department
349 Kapiolani Street
Hilo, Hawaii 96720 Harry S. Kubojiri, Chief of Police
Name and Address of Organization Name of Authorized Individual
Signature and date
07 -WF -03 Office on Violence Against Women
Application No. Name of OJP Agency
AG /CPJAD #22 Rev. 08/05