HomeMy WebLinkAboutCOM 0017.002 2018-2020 J+ZV OF M....',..
Harry Kim � '�. Paul K.Ferreira
Mayor Police Chief
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??:4 of ► • Kenneth Bug ado Jr.
Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapiolani Street • Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
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DATE: September 13, 2018 n
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TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND w c►—<
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COUNCIL MEMBERSrn
VIA: Iti ONTROLLER
FROM: PAUL K. FERREIRA, POLICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1)
Name of Grant Program: Hawaii Island SAFE On-Call Pay & SANE
Coordination
Grantor: Department of the Attorney General, State of
Hawaii
County Grantee Department or Agency: Hawaii County,Police Department
Grant No. (IF KNOWN): 16-WF-07
Amount of Grant: $55,623.00
Amount of County Match: $18,541.00
County Revenue &Expenditure Account Numbers: 010.201.5216.39:3308.65
Grant Period (Commencement& Completion): June 1, 2018 to May 31, 2019
Purpose of Grant: To improve Hawaii County's response to violent
crimes against women
Is final report required by grantor? x Yes I No
Notification attached: x Yes No, because
Comm. No.
11.1
Ref.To:
"Hawai'i County is an Equal Opportunity Provider and Employer" Ref. Date DEC 0 3 2018
Project Number 16-WF-07
C O N T RAC T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of June 1, 2018, 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, whose business
address is 349 Kapiolani Street, Hilo, Hawaii 96720, 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
1 (rev 11_2017)
to apply to states for subgrants underthe twenty broad purpose
areas:
(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 domestic violence, dating violence, sexual
assault, and stalking, including the appropriate use of
nonimmigrant status under subparagraphs (T) and (U) of
section 1101 (a) (15) of the Immigration and Nationality Act
(8 U.S.C. 1101 (a) ) ;
(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 domestic violence, dating violence,
sexual assault, and stalking;
(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 domestic violence, dating violence, sexual
assault, and stalking, as well as the appropriate treatment
of victims;
(4) developing, installing, or expanding data collection and
communication systems, including computerized systems,
2 (rev 11_2017)
linking police, prosecutors, and courts or for the purpose
of identifying, classifying, and tracking arrests, )
protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against
women, including the crimes of domestic violence, dating
violence, sexual assault, and stalking;
(5) developing, enlarging, or strengthening victim services and
legal assistance programs, including sexual assault,
domestic violence, stalking, and 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 domestic
violence, dating violence, sexual assault, and stalking;
(6) developing, enlarging, or strengthening programs addressing
the needs and circumstances of Indian tribes in dealing
with violent crimes against women, including the crimes of
domestic violence, dating violence, sexual assault, and
stalking;
(7) supporting formal and informal statewide, multidisciplinary
efforts, to the extent not supported by state funds, to
coordinate the response of state law enforcement agencies,
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prosecutors, courts, victim services agencies, and other
state agencies and departments, to violent crimes against
women, including the crimes of sexual assault, domestic
violence, dating violence, and stalking;
(8) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
(9) 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 domestic violence, dating violence, sexual
assault, or stalking, including recognizing, investigating,
and prosecuting instances of such violence or assault and
targeting outreach and support, counseling, and other
victim services to such older and disabled individuals;
(10) providing assistance to victims of domestic violence and
sexual assault in immigration matters;
(11) maintaining core victim services and criminal justice
initiatives, while supporting complementary new initiatives
and emergency services for victims and their families;
(12) 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
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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,
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
the use of evidence-based indicators to assess the risk
of domestic and dating violence homicide and prioritize
dangerous or potentially lethal cases;
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
5 (rev 11_2017)
(13) providing, funding to law enforcement agencies, 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
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;
o theimplementation 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 themodel 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) ;
and
o the development of such protocols in collaboration with
state, tribal, territorial and local victim service
providers and domestic violence coalitions;
Any law enforcement, state, tribal, territorial, or local
government agency receiving funding under the Crystal
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Judson Domestic Violence Protocol Program shall, on an
annual basis, receive additional training on the topic of
incidents of domestic violence committed by law enforcement
personnel from domestic violence and sexual assault
nonprofit organizations and, after a period of two years,
provide a report of the adopted protocol to the Department
of Justice, including a summary of progress in implementing
such protocol; and
(14) developing and promoting state, local, or tribal
legislation and policies that enhance best practices for
responding to. domestic violence, dating violence, sexual
assault, and stalking;
(15) developing, implementing, or enhancing Sexual Assault
Response Teams, or other similar coordinated community
responses to sexual assault.
(16) developing and strengthening policies, protocols, best
practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution
of sexual assault cases and the appropriate treatment of
victims;
(17) developing, enlarging or strengthening programs addressing
sexual assault against men, women, and youth in
correctional and detention settings;
7 (rev 11_2017)
(18) identifying and conducting inventories of backlogs of
sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing
such backlogs, including protocols and policies for
notifying and involving victims;
(19) developing, enlarging, or strengthening programs and
projects to provide services and responses to male and
female victims of domestic violence, dating violence,
sexual assault, or stalking, whose ability to access
traditional services andK responses is affected by their
sexual orientation or gender identity, as defined in
section 249 (c) of title 18, United States Code; and
(20) developing, enhancing, or strengthening prevention and
educational programming to address domestic violence,
dating violence, sexual assault, or stalking, with not more
than 5 percent of the amount allocated to a state to be
usedfor this purpose.
WHEREAS, the Governor has designated Agency to serve
as Hawaii' s office for administering the federal financial
assistance available under the Act;
WHEREAS, Grantee isq ualified to receive funds
available to Hawaii under the Act and its respective
8 (rev 11_2017)
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implementing regulations contained in the STOP Violence Against ,
Women Formula Grant Program Guidance, and the Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C. F.R. Part 200, as adopted and supplemented
by the Department of Justice in 2 C. F.R. Part 2800 (together,
the "Part 200 Uniform Requirements") 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 usin the requested federal funds
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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:
9 (rev 11_2017)
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) 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' s Uniform Guidance and the effective
edition of the Department of Justice Programs ' financial manual
entitled "DOJ Grants Financial Guide. "
B. TERM OF CONTRACT.
This. Contract shall be in effect for the period
from June 1, 2018 to and including May 31, 2019 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.
10 (rev 11_2017)
q
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but snot limited to guidance issued by the
Office on Violence Against Women, Part 200 Uniform Requirements,
and the effective edition of the "DOJ Grants 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
Part 200 Uniform Requirements.
4 . 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, 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 this Contract and
11 (rev 11_2017)
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 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.
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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
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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 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.
13 (rev 11_2017)
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
i
Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 which prohibit discrimination in
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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; the Department of Justice regulations
implementing the above-referenced statutes at 28 C. F.R. Part 42,
subpts. C, D, G, and I, 28 C.F.R. Part 35, and 28 C. F.R. Part
54; Exec. Order No. 13279, 28 C. F.R. Part 38 (equal protection
of the laws for faith-based and other neighborhood 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
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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 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
15 (rev 11_2017)
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.
13 . Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under Part
IV. of the Application for Grant, 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
16 (rev 11_2017)
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 Eighteen thousand
five hundred forty-one dollars ($18, 541. 00) are available as
matching funds to provide the services under this Contract.
Grantee shall maintain records which clearly and accurately show
the source, amount and the timing of match contributions. If
at the end of the Contract period, Agency determines that
Grantee does not have the required matching contribution,
Grantee shall return all of the federal portion of the project
cost for which Grantee does not have the required match.
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
17 (rev 11_2017)
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 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;
18 (rev 11_2017)
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, orother benefits
of e 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.
19 (rev 11_2017)
2. This section shall not be applicable 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 Fifty-five
thousand six hundred twenty-three dollars ($55, 623.00) 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 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.
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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
21 (rev 11_2017)
Agency notwithstanding Agency' s preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities or 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
22 (rev 11_2017)
involves an act or omission solely of Agency, its officers,
agents, or employees.
2. This section shall not be applicable if
Grantee is an agency of the State of. Hawaii.
3. The County of Hawaii will indemnify the
State of Hawaii, Agency, and their officers, agents, and
employees to the extent permitted by law, and it is understood
that payment is subject to approval by the county council/or
citycouncil, as the case maybe.
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
23 (rev 11_2017)
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,
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 (collectively and individually "material") 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. To the extent that any material, summary, report, map,
chart, graph, table, study, or other documents, or discovery,
invention, or development under this Contract is not recognized
as a "work made for hire" as a matter of law, Grantee hereby
assigns to the Agency any and all copyrights in and to the
material.
L. MODIFICATION OF CONTRACT.
24 (rev 11_2017)
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 bythe Administrator of the Crime Prevention
pp
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.
25 (rev 11_2017)
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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.
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 thetime e specified by Agency, Agency
Y g Y
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.
26 (rev 11_2017)
2. Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving
written notice to Grantee of such termination at least thirty
(30) calendar days before the effective date of such
termination.
3. In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
,
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.
27 (rev 11_2017)
O. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency' s right to enforce the
same in
accordance with this Contract. It is expressly
p Y
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; 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
sha 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
28 (rev 11_2017)
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. Except as
otherwise provided in this Section, any action to enforce this
contract or for breach of this Contract shall be brought only in
a State court of competent jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein.
29 (rev 11_2017)
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 p y Attorney General, State of Hawaii
Print Name Dana 0. Viola
Its First Deputy Attorney General
Date
Hawaii Police Department,
("GRANTEE")
APPROVED AS TO FORM AND
LEGALITY: By
By Print Name Harry Kim
Print Name Title Mayor
Title Corporation Counsel Date
Date
APP AL REC ME ED:
14\,_ 7>L11(2
Print Name Paul Ferreira
Title Chief of Police
Date SEP 14 201$
30 (rev 11_2017)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401,Honolulu,Hawaii 96813
APPLICATION FOR FY 2016 VAWA S.T.O.P.VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Hawaii Island SAFE On-Call Pay and SANE Coordination
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street City Hilo Zip 96720
D. SYSTEM FOR AWARD MANAGEMENT(SAM): ® Yes ❑ No
DUNS No. 613154335
PRIMARY PLACE OF
E. PERFORMANCE: City Hilo State Hawaii Zip+4 digits 96720-3912
F. PROJECT PERIOD: From June 1 2018 To May 31 20I9
1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 ® 10
G. VAWA PROGRAM PURPOSE(S): 11 ❑ 12 ❑ 130 14❑ 15 ❑ 16 ❑ 17 ❑ 180 19 ❑ 20❑
1 ® 2 3 4 5
H. FUNDING PRIORITY AREA(S): 6 ❑ 7 0 8 0 9 0
I. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $55,623.00
Agency Match 25% $18,541.00
TOTAL100% $74,164.00
J. PROJECT DIRECTOR
Name: Rio S.Amon-Wilkins Title: Police Lieutenant,JAS,Area II
Address: 74-611 Hale Maka'i Place,Kailua-Kona,Hawaii 96740
Telephone: (808)326-4646 Fax: (808)327-3587
E-Mail: Rio.Amon-Wilkins@hawaiicounty.gov
K. FINANCIAL OFFICER
Name: Raynette Nani Fukui Title: Accountant III,Police Finance Div.
Address: 349 Kapiolani Street,Hilo,Hawaii 96720
Telephone: (808)961-2274 Fax: (808)961-2390
E-Mail: Raynette.Fukui@hawaiicounty.gov
FOR CPJAD USE
Date received: Project Number: 1 6-WF-07
EXHIBIT A
AG/CPJAD#1 VAWA Application for LE and Pros(Rev 8/2015)
APPLICATION FOR S.T.O.P.VIOLENCE AGAINST WOMEN GRANT
PART II. DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
The Hawai'i Police Department(HPD)views violence against women as a serious and on-going
problem.The number of sexual assaults in Hawai'i County has remained fairly constant over the
years. In 1995,the HPD established the Sexual Assault Forensic Examination(SAFE)Program to
improve investigations of sexual assault cases and effectively address the needs of victims.The
SAFE Program provided medical and forensic services to victims through certified SAFE
personnel known as Sex Assault Nurse Examiners(SANEs). The SANEs received extensive
training in recognition, evaluation, and.classification of various injuries resulting from traumatic
sexual contact. SANEs also receive training in performing a medical-legal examination, forensic •
photography,evidence collection,report-writing, and other methods of documentating injuries for
evidential purposes.
The
collected evidence and testimonials provided bythe SANEs to the HPD's HPD s Cnminal
Investigation Division(CID), Sex Crime Unit(SCU), and Juvenile Aid Section(JAS) detectives
and the county prosecutors have contributed to the successful prosecution of sex assault offenders.
The number of SAFEs performed per year is slowly increasing. Between September 2007 and
April 2010, 107 SAFEs were completed. From June 2010 and October 2011, 53 exams were
completed. From 2013
P July to July 2014, 61 SAFEs were completed. In FY 2014-2015, 50 SAFEs
were completed. In FY 2015-2016,there were 47 SAFEs completed; In FY 2016-2017 there were
58 SAFE's completed; and, as of December 4, 2017, there were 20 SAFEs completed for FY
2017-2018.
This increase may be attributed to HPDs increased awareness of the need for a SAFE, the 24/7
availability of a SANE in West Hawai'i,the change from 72 hours to 120 hours for conducting
SAFE in most cases, increased disclosure by victims and increased coordination within the Sex
Assault Response Team(SART).
From 1995 to 2010,the SAFE Program was spearheaded by a highly experienced certified SANE
who was employed with the county.The SANE coordinator was responsible for all aspects of the
program and worked directly with the CID, SCU and JAS personnel. In October 2010,the SANE
coordinator retired and efforts to fill the position were unsuccessful due to lack of qualified
candidates.The position was subsequently frozen and then unfunded because of county budget
shortfalls.
Without the SANE coordinator,the HPD's SAFE Program lacked the quality assurance activities,
including quality improvement goals and peer review process. Peer review or review by a certified
SANE is critical to ensuring consistency of victim care and the quality of reporting and evidence
collection. Lack of peer review could result in loss of skills, inadequate knowledge of up-to-date
processes, and increase in errors that could lead to compromised evidence.
In order to continue with the SAFE Program, the HPD,using FY 10 VAWA funds,outsourced
what was previously an in-house program. The contracted provider took on the role of SANE
AG/CPJAD#1(a)(Rev 3/23/2010)
recruitment, coordinated SAFE training and preceptorship,maintained 24/7 coverage of SANEs in
both East and West Hawai'i,managed the island's SAFE rooms,developed policies and
procedures and developed a peer review process.
The contractor began the process of recruitment and, to date,has 4 qualified Adult and Pediatric
trained SANEs working in both East and West Hawai'i,with West Hawai'i having 24/7 coverage.
Seven nurses are currently in training and it is anticipated they will be available and on calendar
for adult SAFEs during the current fiscal year or shortly thereafter. 24/7 coverage will then resume
in East Hawaii.
The Secure Digital Forensic Imaging(SDFI) system,which was secured prior to the contractor's
involvement,has been refurbished and SANEs have received additional training in using the entire
system.There are SDFI systems for both East and West Hawai'i went through the final phases of
process and procedures for full implementation and were implemented completely in January
2016. The peer review process falls under the SDFI implementation with the use of a professional
consultant as well as internally with the current SANEs,began October 2015..
Progress has been made to strengthen the SAFE.program and again be a strong component of the
investigative procedures and evidence collection for the County of Hawai'i. In the past,VAWA
funds have been used to support SAFE exams for victims over the age of 13, provide on-call pay
for nurses and fees associated with the coordination of SANE services by the YWCA. On-call pay
is being utilized in West Hawai'i since there is 24/7 coverage. East Hawai'i does not have 24/7
coverage,but with the addition of the new nurses on calendar for adult SAFEs,the fees associated
with on-callPaY are expected to increase and bythe end of the contract,there will be close to 24/7
P
coverage on both sides of the island. —
On-call payhas been critical to maintainingqualified nurses in the SAFE program.This was
P �
evidenced when the SAFE program was subcontracted out, the on-call pay was discontinued at
that time.All nurses who had contracted with the County of Hawai'i,with the exception of one
nurse, left the program and found employment elsewhere. If on-call pay were to be reduced or
discontinued,there would be a reduction of contracted nurses available for SAFE exams.
For this funding round,the HPD is proposing that a portion of the VAWA funds be contracted to
the provider who will continue to coordinate and implement the SAFE Program and a portion of
the funds be used for on-call pay for the SAFE trained nurses. The YWCA had successfully
completed a request for proposal for the continuation of providing the coordination of SANE
services and was awarded the contract with the County of Hawaii.
B. GOALS AND OBJECTIVES
Goal:
To improve Hawai'i County's response to violent crimes against women through comprehensive
medical and forensic services for victims of sexual assault.
Objectives:
1.To ensure 24-hour access to medical and forensic services for all sexual assault victims ages 11
or older.
AG/CPJAD#1(a)(Rev 3/23/2010)
•
2.To ensure SANEs respond to a phone call/call-out within 15 minutes of the call and schedule a
SAFE exam within 60 minutes of the call-out.
3.To ensure SANEs and SANE candidates are fully trained and offered continuing education
opportunities required to conduct forensic examinations.
4.To increase the number of SANEs receiving on-call pay by adding one additional SANE to the
on-call roster by the end of FY 2018.
5.To improve collaboration between the YWCA,HPD and SART members through regular
meetings and consultations.
•
C. PROJECT ACTIVITIES
Upon receipt of VAWA S.T.O.P. funding, the HPD will contract with the current agency provider
that will oversee, coordinate and continue to perform the services of the SAFE Program.
The contracted agency will be responsible for the following activities throughout the project
period.
Coordination Activities:
1. Continue to recruit and contract certified SANEs; schedule 24/7 SANE coverage for East and
West Hawai'i.
2. Continue to recruit and facilitate training and certification of qualified SANE candidates;
provide continuing education to SANEs to obtain and/or maintain certification. Facilitate
professional development and continuing education as opportunities arise, both on-island and off-
island.
3. Continue to keep the SAFE rooms available and stocked.
4. Maintain the SDFI system implemented in both East and West Hawai'i.
5. Provide appropriate documentation/pictures of sex assault evidence to HPD.
6. Finalize and implement the Peer Review and Quality Assurance processes.
7. Provide narrative and statistical progress reports to the HPD to meet requirements of contract
funding.
8. Participate in the Inter-Agency Council, Big Island Coalition Against Sexual and Physical
Assault,HSART(if reinstated),Hawai'i Coalition Against Sexual Assault and other meetings
involving the SANE program services and/or coordination of care.
On-Call Pay Activities:
1. Provide on-call pay to nurses who are qualified in Adult SANE and Pediatric SANE who are
willing to be on-call for 24 hour shifts or a portion thereof.
2. Nurses with both SANE adult and SANE pediatric training will receive on-call pay of
$60.00/24 hour shift oraortion thereof. While on-call,nurses ses are expected to be able to respond
to a phone call/call-out within 15 minutes of the call and schedule a SAFE exam within 60
minutes of the call-out. While on-call, it is expected that nurses will remain at the ready which will
include being within reasonable cell phone coverage, will not drink or take any form of medication
that may inhibit their ability to provide services to a victim of sexual assault.
3.Nurses with SANE adult training will receive on-call pay of$30.00/24 hour shift or a portion
thereof.While on-call,nurses are expected to be able to respond to a phone call/call out within 15
minutes of the call and schedule a SAFE exam within 60 minutes of the call-out. While on-call, it
is expected that nurses will remain at the ready which will include being within reasonable cell
AG/CPJAD#1(a)(Rev 3/23/2010)
phone coverage, will not drink or take any form of medication that may inhibit their ability to
provide services to a victim of sexual assault.
4. When a nurse with Adult SANE training completes the Pediatric SANE training,the on-call pay
will increase to$60.00/24 hour shift or a portion thereof.All conditions for being on-call will
remain the same.
The HPD will be responsible for the following activities through the project period.
1.Provide guidance to the contract provider with regard to the SAFE Program.
2. Conduct regular monitoring visits(dates to be determined)with the contract provider to assess
and evaluate the status and progress of the SAFE program.
3.Participate in the Inter-Agency Council,Big Island Coalition Against Sexual and Physical
Assault, HSART(if reinstated),and other meetings involving the SANE program services and/or
coordination of care.
4. Reimburse the contract provider for the actual cost of services provided under the SAFE
Program.
5. Collect and analyze data regarding sex assault cases investigated and referred for prosecution.
6. Submit all required programmatic and financial reports to the Department of the.Attoney
General on a timely basis.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be Lieutenant Rio Amon-Wilkins of the HPD's Juvenile Aid Section
(JAS),Area II. Lt.Amon-Wilkins will report to Captain Chad Basque, commander of the West
Hawai'i Criminal Investigations Division(CID), who will be responsible for ensuring compliance
with all project guidelines and requirements.
E. PERSONNEL
Lieutenant Rio Amon-Wilkins will spend approximately 19.14 hours a month as the project
director, and Captain Chad Basque will spend approximately 4 hours providing guidance and
administrative oversight.Their time on the project will provide the 25% agency match.No other
personnel will be funded by the grant.
F. BRIEF PERSONNEL BIOGRAPHIES
Lieutenant Rio Amon-Wilkins has been with the HPD for 18 1/2 years and has served in the JAS
for 2 1/2 months. Captain Chad Basque has been with the HPD for 27 years and has served in the
CID for 8 years. Resumes are available upon request.
G. PARTICIPATING AGENCIES
The HPD collaborates with the YWCA of Hawai'i Island, Sexual Assault Support Services
(SASS), a program that provides 24/7 sexual assault crisis response and stabilization and other
wrap-around services for victims. Other partner entities include:the Big Island Coalition Against
Physical and Sexual Assault(BICAPSA); Children's Justice Center(CJC)of East and West;
Hawai'i; Sexual Assault Treatment Center(SATC); State Department of Human Services;
Prosecuting Attorney of Hawai'i County; Hilo Medical Center, Kona Community Hospital,North
Hawai'i Community Hospital; Ka'u Hospital; Kapiolani Women and Children's Hospital.
AG/CPJAD#1(a)(Rev 3/23/2010)
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Outputs
Coordination Outputs:
1.The number of SANEs receiving continuing education to maintain approval status.
2. The number of sexual assault victims served through the SAFE Program.
3.The number of times a SANE responds to a phone call/call-out within 15 minutes of the call and
schedule a SAFE exam within 60 minutes of the call-out.
4. The number of BICAPSA and other meetings attended by HPD and the contract provider.
5. Pertinent documentation regarding outcome of collaborative meetings between the HPD, the
contracted provider and other partner agencies.
On-Call Outputs:
1. The number of SANEs receiving on-call pay.
Outcomes:
Coordination Outcomes:
1. 100%of SANEs receive training/education to enhance professional skills and maintain
certification.
2. 100%of recruited SANE candidates are enrolled in training and progressing along the timeline
established at the signing of the Memorandum of Agreement between the candidate and the
provider.
3. 100%of the sexual assault victims requesting services through the SAFE Program are served.
4.Improved working collaboration between HPD,YWCA, and SART members.
5. Compliance with HSART protocols and guidelines.
On-Call Outcomes:
1. No nurses will leave the SANE program due to lack of stand-by pay.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
The Hawai'i Police Department's SAFE Program must continue to provide highly qualified and
responsive medical and forensic services to victims of sexual assault.These services encourage
reporting of sex crimes to police,improve law enforcement investigations, and successful
prosecution, and enhance working collaborations between partner agencies.
AG/CHAD#1(n)(Rev 3/23/2010)
� r
Lieutenant Rio S.Amon-Wilkins
Hawai'i Police Department
Commander Area II Juvenile Aid Section(JAS)
Criminal Investigation Division
WORK HISTORY/EXPERIENCE
I was hired by the Hawai'i Police Department on June 1, 1999 as a police recruit. Upon
completing recruit training, I was assigned to the South Hilo Patrol Division, Cushman Patrol
Officer. My duties included conducting all preliminary investigations reported by the public for
the purpose of criminal prosecution. Other duties included enforcing all criminal/traffic laws and
assisting the community with their concerns and providing them with options and information, as
needed.
In 2001, I was transferred to work as a Patrol Officer in the Hamakua District. While working as
a Patrol Officer, my duties included conducting all preliminary investigations reported by the
public for the purpose of criminal prosecution. Other duties include enforcing all criminal/traffic
laws and assisting the community with their concerns and providing them with options and
information,as needed.
In 2002, I was transferred to work as a Patrol Officer in the South Hilo Patrol Division. While
working as a Patrol Officer, my duties included conducting all preliminary investigations
reported by the public for the purpose of criminal prosecution. Other duties include enforcing all
criminal/traffic laws and assisting the community with their concerns and providing them with
options and information, as needed.
I was promoted to Detective/Sergeant in 2006 and assigned to the Area II Criminal Investigation
Section (CIS). While in CIS, my duties included independently performing and/or coordinating
investigative police work of a difficult and complex nature,to include submitting detailed reports
and securing evidence to support arrests and criminal prosecution for a variety of felony crimes,
to include financial crimes, computer crimes, crimes against persons and property crimes. Other
duties included educating police personnel in investigations and performing other related duties,
as required/needed.
In 2007, I was granted an intra-departmental transfer to the Area I Criminal Investigation Section
(CIS). My duties included independently performing and/or coordinating investigative police
work of a difficult and complex nature, to include submitting detailed reports and securing
evidence to support arrests and criminal prosecution for a variety of felony crimes, to include
financial crimes, computer crimes, crimes against persons and property crimes. Other duties
included educating police personnel in investigations and performing other related duties, as
required/needed.
In 2010, I was transferred to the Administrative Services Division Accreditation Section where I
assisted in the process of the Hawaii Police Department attaining accreditation from the
Commission on Accreditation for Law Enforcement Agencies (CALEA).This process included a
comprehensive review of all department General Orders, policies and procedures; as well as
developing and authoring new policies and procedures to gain compliance with the over 400
CALEA Standards.
In 2014, I was transferred to the Office of Professional Standards, where I primarily investigated
allegations of misconduct against police officers.
On November 1, 2017, I was promoted to Lieutenant and assigned Commander of the Area II
Juvenile Aid Section(JAS)of the Criminal Investigation Division.
POSITION DESCRIPTION
The Lieutenant plans, directs and coordinates the functions, activities, and personnel of Area II
JAS, assigning complex criminal investigations including, but not limited to,juvenile and adult
sexual assault offenses, domestic violence and other family-related crimes to include domestic
violence, juvenile offenses involving serious crimes (i.e. burglary, robbery, theft, assault, and
drug offenses) and status offenses (i.e. runaway, truancy, protective and placement services, and
curfew violations), and missing persons; reviews, edits, and approves investigative reports,
provides necessary training and guidance to assist Area II JAS personnel; assists in coordinating
the work of Area II JAS with other divisions and services in the department and outside
agencies, such as Child and Family Service, Children's Justice Center, Department of the
Attorney General, Department of Education, Department of Health, Department of Human
Services, Family Court, Office of the Prosecuting Attorney, and YWCA of Hawai'i Island;
attends meetings and training courses regarding current subject matters. His/Her position
exercises considerable discretion and confidentiality in the accomplishments of his/her work and
commands a major organizational component of the Area II Investigative Operations Bureau.
Captain Chad J. Basque
• Commander Area II Field Operations
Criminal Investigations Division
WORK HISTORY/EXPERIENCE
I was hired into the Hawaii Police Department on October 1, 1990 as a recruit.
Upon completing recruit training, I was initially assigned to patrol duties within
the North Kohala District, and then shortly after transferred to the Kona District.
In 1997 I was temporarily promoted to a Community Policing Officer assigned to
the South Kona area. In 2000 I was promoted to Patrol Sergeant and assigned
to the Kau District and after two years returned to Kona Patrol. A few years later
I transferred back into the Community Policing Program until I was again
promoted to Lieutenant in Kona Patrol in 2006.
In 2008 I was then promoted to Captain of Kona Patrol and in late 2010
transferred to my current command of the Criminal Investigations Division (CID).
The Criminal Investigations Division consists of three investigative sections.
They are the Juvenile Aid Section (JAS), which focuses on Juvenile, domestic
Violence and sexual assault felony crimes. The Criminal Investigations Section
(CIS) which concentrates on all felony investigations not considered by JAS or
Vice; and finally the Vice Section that leads a more proactive investigation into
drugs and narcotics as well as gambling and prostitution.
POSITION DESCRIPTION
Position acts as a commander of a district/division and is responsible for
planning, directing and coordinating the functions and activities of patrol/CID
operations. Position exercises considerable discretion in the accomplishments of
its work and commands a major organizational component of the Field
Operations Bureau.
DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD
APPLICATION FOR GRANT
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal
Police Lieutenant 1 $930 $11167
Police Captain 1 $264 $3174
$ $
$ $
$ • $
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
•
$ $
$ $
$ $
$ $
Total Salaries and Wages $14341
B.Fringe Benefits Employee Benefits @
No.of
Position Title Positions Monthly Rate Subtotal
Police Lieutenant 1 $274.6667 $3296
Police Captain 1 $75 $904
$ $ _
$ $
$ $
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
$ $
$ $
Total Fringe Benefits $4200
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
YWCA of Hawaii Island $ 1 year ❑Consultant ®Contract
$ ❑Consultant 0 Contract
$ ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
$
0 Consultant 0 Contract
Total Consultants/Contracts $55623
AG/CPJAD#1(b) (Rev 11/2016)
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland
Travelers No.
airfare,ground transportation, as of
rental car,per diem Unit Cost applicable Days Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $ _
$ " $
$ $
$ . $
Total Transportation and Subsistence $
E.Office Supplies
Itemize supplies and related costs
such as printing,paper,binders,
etc. Quantity Cost by Unit Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Office Supplies •
$
F. Equipment
Specify equipment that will be
purchased,leased,or rented. Quantity Cost by Unit Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Equipment $
AG/CPJAD#1(b) (Rev 11/2016)
COST ELEMENT AMOUNT
G.Other Costs Quantity Cost by Unit Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Other Costs $
H.Indirect Costs Base Rate(%) Subtotal
Total Indirect Costs $
TOTAL PROJECT COSTS $74164
AG/CPJAD#1(b) (Rev 11/2016)
.
BUDGET EXPLANATION:
A. Salaries and Wages
This portion of the budget will provide the agency's 25%in-kind match. The police lieutenant will
spend approximately 19.14 hours per month as the project director.The police captain will spend
approximately 4 hours per month providing overall supervision of the project.
Lieutenant: $47.38/hour salary x 19.641 hours/month x 12 months=$ 11,167
Captain: $58.78/hour salary x 4.5 hours/month x 12 months=$3,174
B. Fringe Benefits
The composite fringe benefit rate is at % for (list positions). The rate consists of the
following fringe benefit items and computed rates:
This portion of the budget will also provide the agency's 25%in-kind match. The compositing
fringe benefit rate that will be applied to the lieutenant position is approximately 29.51%which
equals $3,296.The composite fringe benefit rate that will be applied to the captain's position is
approximately 28.49%which equals$904. Below are the fringe benefit categories.A breakdown of
the composite fringe rates is available upon request.
Retirement
Medicare
Medical/Dental/Vision
Life Insurance
Worker's Compensation
State Unemployment Insurance
C. Consultants/Contracts
The HPD will contract with the YWCA for the operation,management, and services of the SAFE
Program. Contracted services include: SANE recruitment and contracting;planning and
coordination of SANE training and preceptorship process; ensuring 24-hour SANE coverage for
East and West Hawai'i; case management; development of quality control and peer review process;
scheduling follow-up appointments with victims; and other related responsibilities. Funds
contracted to the provider also include on-call pay for qualified SANEs.
Consultant fees will include the SANE Coordinator fees:YWCA COO/SANE Coordinator to
facilitate progress in the program on real time bases at a salary of$28.30/hour,with Taxes,FICA,
UI and TDI @13.67%, Medical Benefits at$380/month,prorated, and other benefits @3.5%.
YWCA Administrative Fees at 16%of expenses:
These fees include the costs associated with the administrative tasks surrounding the program, such
as financial support(accounting, invoices,grant fiscal responsibilities),human resources support
(such as criminal background checks,payroll, etc.),rent,insurance,telephone and other costs
associated with the operation of the program and supporting staff who do not provide direct service
but are integral to the success of the grant program.
D. Transportation and Subsistence
AG/CPJAD#1(b) (Rev 11/2016)
v
E._ Office Supplies
F. Equipment
G. Other Costs
H. Indirect Costs
AG/CPJAD#1(b) (Rev 11/2016)
Harry Kim • -1. bti Deanna S.Sako
Mayor -np „�� Director
•
Nancy Crawford
Deputy Director
County of Hawai
Finance Department
25 Aupuni Street,Suite 2103 • Hilo,Hawaii 96720
(808)961-8234 • Fax(808)961-8569
August 6,2018
MEMORANDUM 18-07
To: All Departments and Agencies
From: Kay Oshiro, Controller
Subject: Fringe Benefit Rates
The attached schedule shows the rates for selected fringe benefits that may be used by
departments in billing special funds or federal programs in fiscal year 2018-2019. If there is a
change in the Social Security or Medicare rate for calendar year 2019,we will send a
supplemental memo.
Additionally,depending upon circumstances,it may be appropriate to include other overhead
costs such as vacation and holiday pay.
p
Attachment
•
Hawaii County is an Equal Opportunity Employer and Provider
,^ 1
Attachment to Memorandum No.18-07 August 6,2018
Schedule of Fringe Benefit Rates for FY 2018-2019
Retirement:General Employees 19.00% of salary
Police&Fire 31.00% of salary
Social Security CY2018 6.20% on$128,400
Medicare Tax CY2018 1.45% on all wages
Workers'Compensation 1.73% of salary
Unemployment Compensation 0.10% of salary
Health Fund Payments: SHOPO HFFA UPW HGEA
Medical Plan, Single 302.58 368.50 368.50 368.50
Medical Plan,Two Party 752.66 893.72 893.72 893.72
Medical Plan, Family 973.52 1,136.36 1,136.36 1,136.36
Dental Plan, Single 20.22 20.22 20.22 20.22
Dental Plan,Two Party 40.44 40.44 40.44 40.44 1
Dental Plan,Family 66.54 66.54 66.54 66.54
Vision Care Plan, Single 3.64 3.64 3.64 3.64
Vision Care Plan,Two Party 6.76 636 6.76 6.76
Vision Care Plan, Family 8.82 8.82 8.82 8.82
Life Insurance Plan 4.12 4.12 4.12 4.12
r
. 1
PART IV.ATTACHMENTS
• Acceptances of Conditions (AG/CPJAD#14)
• Acceptance of VAWA Special,Conditions (AG/CPJAD#26.VAWA Government)
• Certification of Non-Supplanting(AG/CPJAD#3)
• Certification of Non-Discrimination(AG/CPJAD#15)
• Certification of Non-Discrimination Compliant Procedures (AG/CPJAD#30)
• Certification Regarding Forensic Medical Examination Payments and Polygraph
Testing Prohibition (AG/CPJAD#34)
• Certification Regarding Filing Costs for Criminal Charges or Protection Orders
and Judicial Notification of Firearms Prohibition(AG/CPJAD#35)
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion(OJP Form 4061/1 Rev. 2/89)
• Certification Regarding Equal Employment Opportunity Program (OCR Form-
Expiration date: 12/31/15)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
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
Violent 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
Violent 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.
SUBMTTTED B ��
Signature: Date: SEP 14 2018
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
AG/CPJAD#14 VAWA and SASP(6/2014)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
(for Government Contracts)
The undersigned Grantee understands and agrees,on behalf of its agency that:
1. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the financial and administrative requirements set forth in 2
C.F.R. Part 200 and the current edition of the Department of Justice(DOJ) Grants
Financial Guide.
Grantee understands and agrees that CPJAD may withhold award funds, or may impose
other related requirements, if the Grantee does not satisfactorily and promptly address
outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award),or other outstanding issues that arise in connection with audits,
investigations, or reviews of CPJAD awards.
2. Grantee shall submit a Semi-Annual Progress Report to the CPJAD every six(6)months
following the calendar year. The progress reports are to cover activities that the Grantee
has completed during that reporting period. The semi-annual reporting periods and due
dates are:
• January 1 through June 30 Due July 15
• July 1 through December 31 Due January 15
A Final Progress Report is due 30 days after the project end date and should report
cumulatively on the entire project period. The appropriate report form will be provided
to each project by 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.
3. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
unless mandated earlier by CPJAD.
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 FY 2016 VAWA Govt Special Conditions(revised 3/2017) 1
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
5. 41 U.S.C.4712 (Including Prohibitions on Reprisal;Notice to Employees)
Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712,
including all applicable provisions that prohibit,under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal
funds, an abuse of authority relating to a federal grant,a substantial and specific danger
to public health or safety, or a violation of law,rule,or regulation related to a federal
grant.
Grantee also must inform its employees,in writing(and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
6. Federal Leadership on Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving,"74 Fed. Reg. 51225 (October 1;2009), the CPJAD encourages grantees
and sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by this grant, and
to establish workplace safety policies and conduct education,awareness, and other
outreach to decrease crashes caused by distracted drivers.
7. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable laws,regulations,policies, and guidance
(including specific cost limits,prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences,
meetings,trainings, and other events. Information on pertinent laws,regulations,
policies, and guidance is available in the DOJ Grants Financial Guide Conference Cost
Chapter.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OVW Training
AG/CPJAD#26 FY 2016 VAWA Govt Special Conditions(revised 3/2017) 2
•
Guiding Principles for Grantees and Sub-grantees, available at
http://www.ovw.usdoj.gov/grantees.html
8. Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this CPJAD award,and those award funds have been,
are being,or are to be used,in whole or in part, for one or more of the identical cost items
for which funds are being provided under this CPJAD award,the grantee will promptly
notify,in writing, the assigned Criminal Justice Planning Specialist for this CPJAD
award, and,if so requested by CPJAD, seek a budget or project narrative modification to
eliminate any inappropriate duplication of funding. Further,the Grantee agrees and
understands that any duplicative funding that cannot be re-programmed to support non-
duplicative activities within the program's statutory scope will be deobligated from this
award and returned to CPJAD.
9. VAWA Federal Eligibility Requirements
Grantee shall comply with the federal eligibility requirements established by the Violence
Against Women and Department of Justice Reauthorization of 2013
(http://www.usdoj.gov/ovw/regulations.htm) and the effective edition of the DOJ Grants
Financial Guide in order to receive STOP Program funds.
10. Civil Rights Provision
Grantee shall comply with civil rights provisions prohibiting the excluding, denying
benefits to, or discriminating against any person on the basis of actual or perceived race,
color,religion,national origin, sex, gender identity, sexual orientation, or disability in
any program or activity funded in whole or in part by OVW.
11. Non-Disclosure of Confidential or Private Information
Grantee shall comply with provisions of 42 U.S.C. 13925(b)(2), non-disclosure of
confidential or private information,which includes creating and maintaining
documentation of compliance, such as policies and procedures for release of victim
information. Grantee shall also ensure that any subgrantees meet these requirements.
12. Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters
No Grantee or subgrantee under this award,or entity that receives a contract or
subcontract with any funds under this award,may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict,the reporting(in accordance with law) of
waste,fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
AG/CPJAD#26 FY 2016 VAWA Govt Special Conditions(revised 3/2017) 3
13. Prohibited Conduct Related to Trafficking in Persons
Grantee,and any subgrantee at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of
persons,whether on the part of Grantees,subgrantees,or individuals defined(for purposes of this
condition)as"employees"of the grantee or of any subgrantee.
The details of the Grantee's obligations related to prohibited conduct related to trafficking in
persons are posted on the OVW web site at https://www.justice.gov/ovw/grantees(Award
condition:Prohibited conduct by grantees and subgrantees related to trafficking in persons
(including reporting requirements and OVW authority to terminate award)),and are incorporated
by reference here.
14. General Appropriations-Law Restrictions
Grantee, and any subgrantee at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes.Pertinent restrictions,including from
various"general provisions"in the Consolidated Appropriations Act,2016,are set out at
https://www.justice.gov/ovw/grantees and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a Grantee or subgrantee
would or might fall within the scope of an appropriations-law restriction,the grantee is to contact
CPJAD for guidance,and may not proceed without the express prior written approval of CPJAD.
15. DOJ Regulations Pertaining to Civil Rights and Nondiscrimination-28 C.F.R.Part 38
Grantee,and any subgrantee at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to
program beneficiaries and prospective program beneficiaries.Part 38 of 28 C.F.R., a DOJ
regulation,was amended effective May 4,2016.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or
refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements
that pertain to grantee and subgrantee organizations that engage in or conduct explicitly religious
activities,as well as rules and requirements that pertain to grantees and subgrantees that are faith-
based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood
Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible
at http://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial
Administration,Chapter 1,Part 38,under e-CFR"current"data.
SUBMITTED B • SEP 14 201$
Signature: _ Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
AG/CPJAD#26 FY 2016 VAWA Govt Special Conditions(revised 3/2017) 4
r 1 -
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 BYQc-C
Signature: ✓ Date: SEP 1 4 2018
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
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 Office of Justice
Programs, Office of Community Oriented Policing Services,and Office on Violence Against Women
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 Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on Violence
Against Women funded programs or activities.(29 U.S.C. §794 and 28 C.F.R. §42.501 et se .)
• 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 Office of Justice Programs, Office of Community Oriented Policing Services, and Office
on Violence Against Women 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
Office of Justice Programs,Office of Community Oriented Policing Services,and Office on Violence
Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services,and Office on Violence
Against Women 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 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith-
based organizations.
• The Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, 127 Stat. 54 §
3(b)(2013) which prohibits excluding, denying benefits to, or discriminating against any person on
the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual
orientation, or disability in any program or activity funded in whole or in part with funds made
available through VAWA or the Office on Violence Against Women.(42 U.S.C.§ 13925(b)(13)).
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��• SEP 14
2018
Signature: 1. Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
AG/CPJAD#15(revised 7/2015)
- f
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S.Department of Justice, Office of Justice Programs(OJP), Office for Civil Rights (OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP(which includes component agencies such as the Bureau of Justice Assistance,the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women,and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the Hawaii Police Department (name of agency)has non-discrimination
complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Paul K. Ferreira Police Chief 808-961-2243
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient,to the Department of
the Attorney General,or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General,the OCR, or -
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
Signature: Date:
SEP 14 2018
Name: Paul Ferreira Title: Chief of Police
(Head of Grantee Agency or Designee)
•
AG/CPJAD#30 6/2010
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING FORENSIC MEDICAL EXAMINATION PAYMENTS
AND POLYGRAPH TESTING PROHIBITION
As required by the Statutory Eligibility Requirements of the Violence Against Women Act
(VAWA), STOP Formula Grant Program found in 42 U.S.C. 3796gg-4 and U.S.C. 3796gg-8 and
implemented at 28 CFR Part 90,
I certify that the Hawaii Police Department(name of Grantee)will:
1. Ensure victims of sexual assault will not incur out-of-pocket costs for forensic
medical examinations by either providing such exams free of charge or arranging
for victims to receive such exams free of charge, without regard to whether or not
the victim participates in the criminal justice system or cooperates with law
enforcement.
2. Coordinate with health care providers in the region to notify victims of sexual
assault of the availability of forensic medical exams at no cost to victims.
3. Ensure that any victims of an alleged sexual offense as defined under federal,state,
or local law will not be asked or required to submit to a polygraph examination or
other truth telling device as a condition for proceeding with the investigation of
such an offense. The refusal of a victim to submit to a polygraph or other truth
telling examination shall not prevent the investigation, charging, or prosecution of
an alleged sex offense by a state or unit of local government.
The undersigned understands and agrees, on behalf of the Grantee, that if it fails to comply with
any of the provisions stated above,it will jeopardize the Grantee and the State of Hawaii from
receiving any funds from the VAWA STOP Formula Grant.
SUBMITTED SEP 14 2018
Signature: - Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
AG/CPJAD#34 3/2016
i.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING FILING COSTS FOR CRIMINAL CHARGES OR
PROTECTION.ORDERS AND JUDICIAL NOTIFICATION OF
FIREARMS PROHIBITION
As required by the Statutory Eligibility Requirements of the Violence Against.Women Act(VAWA), STOP
Formula Grant Program found in 42 U.S.C.3796gg-5 and 18 U.S.C. § 922(g)(8)-(9)and implemented at 28 CFR
Part 90,
I certify that the Hawaii Police Department(name of Grantee)will:
1. Ensure its policies and practices do not require that the victim bear the costs associated with the prosecution
of any misdemeanor or felony domestic violence,dating violence,sexual assault,or stalking offense,or in
connection with the filing, issuance,registration,modification, enforcement,dismissal,withdrawal,or service
of a warrant,protection order, or a petition for a protection order to protect a victim of domestic violence,
dating violence, sexual assault,or stalking,or witness subpoena,whether issued inside or outside the state.
2. Provide notification to domestic violence offenders of the requirements delineated in section 922(g)(8)and
(g)(9)of the title 18,United States Code and any applicable related federal,state,and local Iaws.
18 U.S.C. § 922(g)(8)-(9) states:
"It shall be unlawful for any person--
(8)who is subject to a court order that—
(A)was issued after a hearing of which such person received actual notice,and at which such
person had an opportunity to participate;
(B)restrains such person from harassing,stalking,or threatening an intimate partner of such
person or child of such intimatepartner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to the partner or child;and
(C)(i)includes a fording that such person represents a credible threat to the physical safety of
such intimateartneror child;or(ii)by its terms explicitly prohibits the use,attempted use,
or threatened use of physical force against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
(9)who has been convicted in any court of a misdemeanor crime of domestic violence
to ship or transport in interstate or foreign commerce,or possess in or affecting commerce,any firearm or
ammunition;or to receive any firearm or ammunition which has been shipped or transported in interstate or
foreign commerce."
The undersigned understands and agrees,on behalf of the Grantee,that if it fails to comply with any of the
provisions stated above, it will jeopardize the Grantee and the State of Hawaii from receiving any funds from the
VAWA STOP Formula Grant.
SUBMITTED Byr.n
Q� SEP 14 2018
Signature: Date:
Name: Paul Ferreira Title: Chief of Police
Agency: Hawaii County Police Department
AG/CPJAD#35 3/2016
{ d
•
W;'
•
1. 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)
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension,28 CFR Part 67, Section 67.510, Participants'responsibilities.The regulations were published as Part VII of
the May 26, 1988 Federal Register(pages 19160-19211).
(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 sed for debarment,declared ineligible, or voluntarily excluded ded from
participation in this transaction by any Federal department of agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
Paul Ferreira,Chief of Police
Name and Title of Authorized Representative
Q�Q SEP 14 2018
Signature Date
Hawaii County Police Department
Name of Organization
349 Kapiolani Street, Hilo, HI 96720-3912
Address of Organization
OJPFORM 4061/1(REV.2/89)Previous editions are obsolete
1 w f
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is 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," "proposes," 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 lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with
a person who is 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.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions,
7. A participant in a covered transaction may rely upon a certification of 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 shall be construed to require establishment of a system of
reports in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent person
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.
r D
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan(EEOP)Requirements
Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C,not all three.If recipient
completes Section A or C and sub grants a single award over$500,000,in addition,please complete Section D.
Recipient's Name:Hawaii County Police Department
Address:349 Kapiolani Street,Hilo,HI 96720
Is agency a; o Direct or Sub recipient of OJP,OVW or COPS funding? Law Enforcement Agency? Yes o No
DUNS Number:613154335 Vendor Number(only if direct recipient)
Name and Title of Contact Person:Rio S.Amon-Wilkins,Police Lieutenant
Telephone Number:808-327-3587 E-Mail Address:rio.amon-wilkins@hawaiicounty.gov
Section A4-Declaration Claiming Complete Exemption from the`EEOP Requirement
Please check all the following boxes that apply.
o Less than fifty employees. o Indian Tribe o Medical Institution.
❑Nonprofit Organization o Educational Institution ❑Receiving a single award.(s)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.
If recipient sub-grants a single award over$500,000, in addition,please complete Section D
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 hasffty or more employees and is receiving a single award or,subaward,of$25,000 or more,but less than$500,000,then
the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following(42 C.F.R§42.305):
I, Chief Paul K. Ferreira [responsible
official], certify that Hawaii Police Department
[recipient],which has fifty or more employees and is receiving a single award or subaward for$25,000 or more,but less
than$500,000,has formulated an EEOP in accordance with 28 CFR pt.42,subpt.E. I further certify that within the last
twenty-four months,the proper authority has formulated and signed into effect the EEOP and,as required by applicable
federal law,it is available for review by the public,employees,the appropriate state planning agency,and the Office for
Civil Rights,Office of Justice Programs,U.S.Department of Justice. The EEOP is on file at the following office:
Hawaii Police Department
[organization],
349 Kapiolani Street Hilo, HI 96720
[address].
Chief Paul K. FerreiraCsi ��..,� SEP j 4 2018
Print or Type Name and Title Signature Date
Section C Declaration Stating that an EEOP Short Form Has.Been Submitted to the Office for Civil
Rights for Review
If a recipient agency hasffty or more employees and is receiving a single award,or subaward,of$500,000 or more,then the recipient agency
must send an EEOP Short Form to the OCRfor review.
[responsible'
official], certify that
[recipient],which has fifty or more employees and is receiving a single award of$500,00.0 or more;has formulated an
EEOP in accordance with 28 CFR pt. 42, subpt. E, and s6t it for review on
[date] to the Office for Civil Rights,Office of Justice Prdgrains,U.S.Department of Justice. '
If recipient sub-grants a single award over$5.00,000,in addition,please complete Section D
Print or Type Name and Title. . . Signature Date
Section D—Declaration Stating that Recipient Subawards a Single Award Over$500,000
If a recipient agency,subawards a single award of$500,000 or more then the granting agency should provide a list;including,name,address
and DUNS#of each such sub-recipient.
Sub-Recipient Agency Name/Address Sub-Recipient DUNS Number
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If additional space in necessary,please duplicate this page.
OMB Control No.1121-0340 Expiration Date:12/31/2015