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HomeMy WebLinkAboutCOM 0521.070 2002-2004 Mtr w.' ?r Harry Kim Lawrence K. Mahuna Mayor Police Chief ,t,:~ Harry S. Kubojiri .'•o'•M'~p Deputy Police Chief County of Hawaii October 7, 2004 POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-331 t • Fax (808) 961-8869 TO JAMES Y. ARAKAKI, COUNCIL C~H~AnIR AND COUNCIL MEMBERS VIA DEANN ,CONTROLLER N'"~^'~ FROM NCE K. MAHUNA, POLICE CHIEF ~ SUBJECT NOTIFICATION OF GRANT AWARD .J Compliance with Ordinance No. 94-55, Section 7(1) cy-~y - ~ Name of Grant Program: DV/SA Service Coordinator - Federal or State Grantor: State Department of the Attorney General Crime Prevention and Justice Assistance Division County Grantee Department/Agency: County Police Department Grant No.: 02-WF-03 Amount of Grant: $52,000.00 Amount of County Match: $13,000.00 County Revenue & Expenditures Acct 010.201.5216.04, 3303.14 Grant Period: June 1, 2004- May 31, 2005 Purpose of Grant: To hire a Victims Services Coordinator to service the ongoing needs of victims from domestic violence/sexual assault while cases remain under investigation. Is final report required by grantor? yes Notification Attached: yes Comm. No. S Z' ~ '~O Ref. To: " Hawaii County is an Equal Opportunity Provider and Employer" (3r~T I A ,nnd Ref. Uate .uy!_ 4 SE D~YHa~ P LINDA LINGLE r`:' "~9Sg'~'; covERNOR } -MARK J. BENNETT j iY~, ~ ATTORNEY GENERAL at~ ~Io H» P _ 4m. ~ .I AICHAIBD T. BISSEN, JR. mx'ud~'F'', FIRST pEPUTV ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION 23$ 6ERETANIA GTREET, ROOM 401 HONOLULU, HAWAII 96813 (898) 586-1150 cpja agstate. hi.us July 19, 2004 The Honorable Lawrence K. Mahuna Police Chief Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Mahuna: Enclosed please find the fully executed Contract for the following project: Project Title: DV/SA Services Coordinator Number: 02-WF-3 Project Period: June 1, 2004 to May 31 , 2005 Project Cost: $52,000.00 You may begin to request funds for your projects by submitting a completed Request for Funds and Cash Balance Report Form (AG/CPJA form 7) to our office. If you have any questions or concerns regarding the contract, please call Tony Wong at 586-1096. We look forward to the successful implementation of this project. Sincerely, :r. - ~ ~ ~ ~ - Lari Koga Administrator LK/AW:aw Enclosure c: Gaile Nitta, CPJAD Project Number 02-WF-3 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of June 1, 2004 by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and Hawaii County Police Department , hereinafter called "Grantee". 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 eff ective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women. Offices and agencies of the state government, units of local government, Indian tribes, and non- profit, non-governmental victim services programs are eligible to apply to states for subgrants under the eleven broad purpose areas: Rev. 07/02 1 (1) training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; (3) developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence; (4) developing, installing, or expanding data collection and communications systems, including computerized systems, linking police, prosecutors, and courts or for purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence; (5) developing, enlarging, or strengthening victim services programs, including sexual assault, domestic violence, and Rev. 07/02 2 dating violence programs; developing or improving delivery of victim services to underserved populations; providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted; and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault, domestic violence, and dating violence; (6) developing, enlarging and strengthening programs addressing stalking; (7) developing, enlarging and strengthening programs that addresses the needs and circumstances of Indian tribes dealing with violent crimes against women, including the crimes of sexual assault and domestic violence; (8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate the response of state law enforcement agencies, prosecutors, courts, victim service agencies, and other state agencies and departments to violent crimes against women, including the crimes of sexual assault, domestic violence and dating violence; (9) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, Rev. 07/02 3 analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault; (10) developing, enlarging or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of sexual assault or domestic violence, including recognizing, investigating, and prosecuting instances of such assault or violence and targeting outreach and support, counseling, and other victim services to such older and disabled individuals; and (11) providing assistance to victims of sexual assault and domestic violence in immigration matters. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; WHEREAS, Grantee is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. Part 33) or guidelines (Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grant Program Guidance), and has applied to Agency for receipt of the same as a subgrantee; Rev. 07/02 4 WHEREAS, Agency has reviewed Grantee's application for funds, and is satisfied that all of the requirements of the Act and its implementing regulations have been satisfied and that Grantee is capable of using the federal funds requested appropriately; WHEREAS, Grantee has demonstrated the capacity to provide the services, programs and activities described herein and is ready, willing and able to provide the required services, programs and activities; NOW THEREFORE, Agency and Grantee for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, do mutually agree as follows: A. SCOPE OF SERVICES. Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C) attached hereto as Exhibit "A" and by reference incorporated herein. It Rev. 07/02 5 is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants." B. TERM OF CONTRACT. This Contract shall be in effect for the period from June 1, 2004 to and including May 31, 2005 unless this Contract is sooner terminated as hereinafter provided or unless this Contract is extended in accordance with Section L of this Contract. C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grants Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guidance Manual entitled "Financial and Administrative Guide for Grants." 2. If so required by Agency, Grantee shall certify to Agency that any expendable or nonexpendable personal Rev. 07/02 6 property purchased or acquired with funds received under this Contract will be used for criminal justice purposes before title in such property may vest in Grantee. If a certification is not provided by Grantee, title to any personal property purchased or acquired with funds received under this Contract shall vest in Agency and such personal property shall be delivered to the Agency in good working order upon expiration or sooner termination of this Contract. 3. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Drug-Free Workplace Requirements which meets the requirements of the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), hereinafter referred to as the "Drug-Free Workplace Certification". A copy of the Drug-Free Workplace Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true at the time this Contract is executed and will remain true throughout the entire term of this Contract and any extensions, and that Grantee shall fulfill all the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of any or all of the requirements set forth therein shall entitle Agency to suspend one or more payments Rev. 07/02 ~ 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. 4. Prior to, or concurrently with the execution of this Contract, Grantee shall complete, execute and submit to Agency a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, hereinafter referred to as the "Debarment Certification". A copy of the Debarment Certification shall be included in Part IV of the Application for Grant. Grantee covenants that the representations made in the Debarment Certification are true at the time this Contract is executed and will remain true throughout the entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms and conditions set forth therein. 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Lobbying, hereinafter referred to as the "Lobbying Certification", and any subsequent disclosure forms required Rev. 07/02 $ 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. 6. Grantee shall maintain accounting procedures and practices acceptable to Agency, and books, records, documents and other evidence which sufficiently, accurately and properly reflect all direct and indirect expenditures and all interest or other income earned as the result of funds provided pursuant to this Contract. Grantee shall ensure that its own books, records, and documents are available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit to the Agency reports in such form and at such times as Agency or the Office of Violence Against Women may require. At a minimum, Grantee shall submit quarterly financial reports fifteen (15) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained by the Grantee and shall be accessible to Agency and the United States Department of Justice for at least three years Rev. 07/02 9 after Agency's grant with the Office of Violence Against Women is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local governments which in any way affect its performance under this Contract. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-128. 9. Grantee will comply with the non- discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C, D, E and G, the Americans with Disabilities Act of 1990 42 U.S.C. 12101 et seq., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. Rev. 07/02 10. Grantee assures Agency that if it is required to formulate an Equal Employment Opportunity Program in accordance with 28 C.F.R. 42.301 et seq. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Thirteen thousand dollars ($13,000.00) 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 there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. 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 Rev. 07/02 11 of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the 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. Rev. 07/02 IZ F. SERVICES AS INDEPENDENT CONTRACTOR. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly assumes the sole and entire liability if such liability is determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone shall not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of all applicable federal, state, and county fees which may become due and owing by the Grantee by Rev. o~/oz 13 reason of the Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments and taxes and (iii) general excise taxes. The Grantee also is responsible for obtaining all licenses, permits and certificates that may be required in order to perform this Contract. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. G. COMPENSATION. 1. Subject to continuing availability of funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed Thirty nine thousand dollars ($39,000.00) 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 Rev. a~/oz 14 from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. 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 Rev. 07/02 15 later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or ommissions of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from 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 Rev. 07/02 16 subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency_ Grantee shall submit a completed Privacy Certification for review and approval prior to the 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. Rev. 07/02 K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. L. MODIFICATION OF CONTRACT. Any modification, alteration, amendment, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, permitted in this Contract shall be made by written supplemental agreement to this Contract and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to Rev. 07/02 j$ provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching a party's written request with the other party's written approval thereon to this Contract. No oral modification, alteration, amendment, change, or extension of any term, provision or condition of this Contract shall be permitted. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. Rev. 07/02 j9 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or any extension thereof, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. The Grantee shall continue performance of the Contract to the extent it is not terminated. Notwithstanding termination of the Contract, and subject to any directions from the Agency, the Grantee shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Grantee in which the Agency has an interest. 2. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. 3. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Rev. 07/02 2~ Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. O. WAIVER. The failure of the Agency to insist upon strict compliance with any term, provision, or condition of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the Agency's right to enforce the same in accordance with this Contract. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of Rev. 0702 21 this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of the right to enforce the same as to any other or further violation. P. DISPUTES; GOVERNING LAW; VENUE. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's request. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Except as otherwise provided in this Section, any action to enforce this contract or for breach of this Contract shall be brought only in a State court of competent jurisdiction in Honolulu, Hawaii. Q. ADDITIONAL CONDITIONS. Rev. 07/02 ZZ Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By T. ~ - APPROVED As To FORM: Print N e ~ Mark J. Be nett Its Attorney General 9 r . ditty ~l~e,k-t•-.- Date Deputy Attorney General State of Hawaii HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII ("GRANTEE") B~~ Pr~tt~me LAWRENCE K. MAHUNA Title POLICE CHIEF Date 05/27/04 APPROVED AS TO FORM AND LEGALITY: orpora Counsel ~I^-,; ui),+~,;{,fin,"!J,c~~~7 Approved as to Availability of Funds to the amounts an or the purposes A ROVAL MMENDED : 5ei forth h(~e/reln POl1Ce CI"llef ~~DIRECTOR OF FI NCE 0.W V ~ ~ Rev. o~/oz 23 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPL/CAT/ON FOR S. T.O.P. V/OLENCE AGA/NST WOMEN GRANT PART 1. TITLE PAGE A. PROJECT TITLE: DV/SA Services Coordinator B. APPLICANT AGENCY: Hawaii County Police Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: .Tune 1, 2004 to May 31, 2005 E. AUTHORIZED PROGRAM PURPOSE: 2 F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75 39,000 Agency Match 25 13,000 TOTAL 100 52,000 G. PROJECT DIRECTOR: Raymond Rodrigues Title: Police Detective Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808) 961-8883 FAX: (808) 961-2327 H. FINANCIAL OFFICER: Nori Ishii Title: Acting Business Manager Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808) 961-2273 FAX: (808) 961-2390 FOR CPJA UnSE Date Received: ~ ?~~3 Project Number: ~Z' wF AG/CPJA N1-VAWA (2/961 y t 5"P . PART II. DESCRIPTION OF PROJECT A. PROBLEM The Hawaii County Police Department has in place a Domestic Violence Unit and a Sex Crimes Unit. There are currently nine investigators specifically trained to conduct investigations relating to domestic violence (DV) and sexual assault (SA). In addition, a DV/SA Services Coordinator is on staff to direct victims to various social services agencies while investigations are pending. They are all assigned to the Juvenile Aid Section in East and West Hawaii. The role of the Juvenile Aid Section is to review domestic violence and sexual assault cases, conduct follow-up investigations, formulate domestic violence and sexual assault policies and procedures, and train police personnel on the proper handling of domestic violence and sexual assault incidents. Training is given intermittently to patrol personnel. The Department has 372 sworn personnel, of which 305 are assigned to the Field Operations Bureau (Patroll, 22 to Community Policing, and 24 are Patrol Sergeants. Uniformed patrol officers almost always are the initial contact with DV/SA victims. Because of the complexity and unique dynamics of domestic violence and sexual assault investigations, it is critical that all law enforcement investigators be updated on procedures, policies, and laws involving DV and/or SA. Some of the factors officers face are frustration regarding the behavior of the offender and the victim, unfamiliarity with pertinent statutes that deal with offenses related to domestic violence and sexual assault, and personal beliefs or biases about domestic violence and sexual assaults. Victims are often reluctant to give an accurate account of the incident to the police officer. Many victims do not want the offender to get arrested and may withhold information that would otherwise allow the officer to accurately assess the incident. DV/SA victims rely on law enforcement contacts as a "safety net" from their violent experiences. Continual and effective training is a vital key that will help to ensure that the "safety net" will be there for the victims. Training will give officers the information to assist them in understanding the dynamics involved in domestic violence that can affect the victim, the offender, and the officer. Awareness of new laws, theory, and methods are necessary in ensuring all personnel are able to answer call for services properly and effectively. Efforts to address this in the past have fallen short, primarily due to inconsistent training time periods and logistical issues. Any cohesive training curriculum requires that some officers be required to travel great distances to attend training sessions. Training for police personnel is primarily conducted at Police Headquarters in Hilo. Personnel from outlying districts spend a fair amount of time commuting to attend the training in Hilo, resulting in overtime costs incurred by the Department. The police officer is customarily viewed as an "authoritative figure." On the other hand, victims perceive the Domestic Violence/Sexual Assault Services Coordinator in a more favorable light. The Services Coordinator is perceived less of the "authority figure" and more of a "friend" to the victim. The DV/SA Victim Services Coordinator has had a significant role in the training of Police Recruits and Police Officers already assigned to the districts stations. As a former women's advocate with Turning Points to Families and Child & Family Services, the DV/SA Victims Services Coordinator brings to the table a wealth of knowledge and understanding for police officers on the complex issues that the victims experience. In addition, the DV/SA Victim Services Coordinator role has included contacting police-referred victims of DV/SA and providing them with information on resources that are available to them. From June 2003 to March 2004, the DV/SA Victim Services Coordinator made contact with 236 victims. The Coordinator is also used as a liaison between the Department and other agencies at the various interagency meetings dealing with DV/SA. Due to the increase in DV/SA cases, it has been very difficult for the investigators to attend the various interagency meetings. As a liaison with other social service agencies and the Hawaii County Police Department, the DV/SA Services Coordinator fosters a positive relationship with traumatized victims and will only enhance the success of subsequent prosecution in these cases. B. GOALS AND OBJECTIVES The Goal of this project is to improve the handling of domestic violence and sexual incidents within the County of Hawaii through proper investigation by police officers. We will achieve this goal utilizing the position of the DV/SA Services Coordinator to assist in the following Objectives: 1 . Providing twenty-four training sessions throughout the time period of this project to provide patrol personnel throughout the County with up-to- date instructions. Hawaii County has (8) police districts, each comprised of 13) shifts or watches, for a total of 24 training sessions. 2. Conducting one training session for Hawaii County Fire Department Recruits in the handling of domestic violence and sexual assault related incidents. 3. Increasing by 5 to 10% over the previous year the number of DV/SA victims contacted by the DV/SA Victim Services Coordinator, while the case is under investigation and providing them with information on various resources available to them. 4. Having the DV/SA Victim Services Coordinator attends all interagency meetings, so that the continual flow of dialogue and information can be maintained between the Police Department and the other networking agencies. 5. Having the DV/SA Victim Service Coordinator continue to update and maintain statistics and data on DV/SA cases for the Hawaii County Police Department. C. PROJECT ACTIVITIES 1 . Provide domestic violence and sexual assault training to all scheduled police recruit classes. 2. Provide continual and updated in-service training on domestic violence and sexual assault to police personnel assigned to the Field Operations Bureau. The Hawaii County Police Department conducts (16) hours of initial training in domestic violence to all police recruits. Effective November 2003, all domestic violence training for Hawaii County Police recruits consists of (24) hours of training. The training provides: 1 . An overview of domestic violence; 2. The dynamics of domestic violence; 3. Specific laws related to family or household members; 4. Department procedures; 5. Lawsuits and liability; 6. Laws related to minors and dependant adults; 7. Laws related to Protection Orders. These training sessions are held at the Department's Recruit Training Room in Hilo. Acting Detective Andrea MEJIA and Detective Raymond RODRIGUES, currently assigned to the East Hawaii Domestic Violence Unit, will be responsible for the coordinating the training with the DV/SA Services Coordinator. Speakers and presenters will include personnel from Turning Points For Families, Family Court, and the Prosecutor's office. The training will be available to personnel assigned to other assignments, such as investigations, as requested. Because of budgetary concerns, training sessions will be scheduled during the watch briefings and debriefings and will be conducted at the district stations. During the upcoming year, should the Department's manpower strength be supportive in allowing patrol personnel to attend more lengthy Domestic Violence training classes, the Domestic Violence Unit will provide that service. In addition, the Hawaii County Fire Department will be provided with domestic violence training during their recruit classes, with an average of (1 ~ class per year. Training would cover such topics as: 1 . Dynamics of Domestic Violence; 2. Characteristics of both the victim and abuser; 3. Safety issues; 4. Evidence preservation; 5. Documentation of their observations; 6. The police role; 7. EMS/HFD role; 8. Spontaneous statements and; 9. Sharing with police personnel at the scene. All instruction sessions and materials will be prepared by the Hawaii County Police Department Domestic Violence Unit, and will be consistent and uniform in East and West Hawaii. To keep all teaching and presentation materials readily available, while still maintaining the ability to update and refine these materials, the Hawaii County Police Department will be utilizing training aids such as DC-ROMs, books, and videos necessary for instruction. Video cameras also will be used for mock scene presentations. This will allow the student to review their response to the mock scene. The video cameras will also be a valuable tool in documenting actual crime scenes involving domestic violence and sexual assaults. The crime scene videos can also be reviewed during the various training sessions. D. PROJECT ORGANIZATION AND MANAGEMENT The project will be under the control of Captain Samuel Thomas of the Criminal Investigation Division, situated in Police Headquarters, Hilo, Hawaii. Captain Thomas will report to the Assistant Chief of Investigative Operations as the status of the project, operation, goal attainments, and overall progress. The staff will be under the control of Lieutenant Kenneth Vieira of the Juvenile Aid Section, situated in Police Headquarters, Hilo, Hawaii. Lieutenant Vieira will report to Captain Thomas of the project status and ensure compliance with the project guidelines and requirements. The Domestic Violence Unit East Hawaii (Area 1) detective, Raymond Rodrigues, will serve as manager for the project. It shall be Detective Rodrigues' responsibility to facilitate and provide the training to affected personnel for East Hawaii. Detective Brandon Konanui, assigned to the West Hawaii (Area 2) Domestic Violence Unit, will conduct those training sessions in the West Hawaii area. E. PERSONNEL/BIOGRAPHIES Resumes of assigned personnel will be provided upon the assignment of personnel to the project. F. PARTICIPATING AGENCIES The agencies that will be involved with training are: - Office of the Prosecuting Attorney-to provide instruction on the laws and reporting requirements for successful prosecution of offenders. - Child Welfare Services-to provide instruction on protective custody protocol. - Victim Advocate Groups, such as Turning Points to Families, Child and Family Service, to provide a panel of victim, abuser, and child that have lived in violent household s to provide class attendees first hand insight into the lives of these individuals. These groups will also inform the classes of the services they offer and how to make referrals to their agencies. Other agencies or individuals may be utilized upon their availability and subject content as the need arises. G. EVALUATION Data collection will be the responsibility of the Domestic Violence Unit Detective, Area 1 .The following will be utilized to measure the performance of the project: 1. The number of training sessions and participants in training provided to police recruits; 2. The number of in-service training sessions and participants in training provided to patrol personnel; 3. The number of training sessions and participants in training provided to fire recruits; 4. Evaluation of each session will be conducted to determine the applicability of the presentation and material to their specific disciplines, which would include recommendations for improvement. 5. Victim contact log and inputting of statistical data of DV/SA cases (to be maintained by the DV/SA Victim Services Coordinator). PART III. BUDGET DETAIL AND EXPLANANTION Cost Element Amount A. SALARIES AND WAGES Position Monthly Salary DV/SA Victim Services Coordinator 52515/mo x 12 = $30,180 Fringe rate 12.66% x 530,180 = S 3,820 Detective -Domestic Violence Unit East Hawaii (Area 1) [*AGENCYMATCM 528.25/hr x 38.35 hr/month x 12 513,000* Total Salaries and Wages 547,000 B. Consultants None C. Transportation and Subsistence DV/SA Training Workshop (interisland) -Project Manager Airfare S 180/roundtrip S 180 Per Diem S80/day x 2 days 160 Car Rental S40/day x 2 days 80 Total Transportation/Subsistence 5 420 D. Supplies, Postage, Printing CD- ROMs 1 VHS tape "Til Death Do Us Part" The S 240 Video tapes Domestic Violence Stalker @ $240.00 1 pk. Of 3 VHS tapes series,"Elder Abuse- S 396 The series" 1 VHS tape "When help was there" S 169 four stories of elder abuse. 1 VHS tape "Elder Abuse-five case 5 265 studies" 1 VHS tape "Serving victims of elder S 165 1 CD-ROM powerpoint-"Cops who 5 75 batter" 1 CD-ROM powerpoint-"The domestic 5 75 violence stalker" 1 CD-ROM powerpoint-"Knowledge is S 125 1 Book-"The Breakable Vow"-A S 35 curriculum guide on dating violence 1 Pk. Of 4 VHS tapes-"The breakable 5 455 Total Supplies 52,000 E. Equipment Video Camerals) 2 mini digital camcorders @ $900.00 each $ 1,800.00 2 lithium Ion batteries @ 570.00 each 5 140.00 2 tripods & small bags combo @ 540.00 each S 80.00 2 San disk 64 MB memory cards @ 550.00 each S 100.00 23 sixty minute mini/dv tapes-pkg. of 3 @ 520.00 each 5 460.00 Total Equipment 5 2,580.00 TOTAL PROJECT COSTS 552,000 Cost Breakdown Federal Funds 539,000 Agency Match (In-kind Salary from DV Unit Detective) S13,000 552,000 PART IV. ATTACHMENTS All appropriate forms must be completed and signed by an authorized person. The following forms MUST be attached as part of the application by all applicant agencies. A. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A) B. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3) C. CERTIFICATION OF NON-DISCRIMINATION (AG/CPJAD #15) D. CERTIFICATION (EQUAL EMPLOYMENT OPPORTUNITY PROGRAM) (OCR form; expiration date: 09/30/2002) E. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT (AG/CPJAD #16) F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION (OJP Forrn 4061/11 Special Certification Ito be submitted ONLY if applicable to your agency): 1 . CERTIFICATION REGARDING LOBBYING (AG/CPJAD #22) Required only for awards of $100,000 or more. _ 2. AUTOMATIC DATA PROCESSING EQUIPMENT PROCUREMENT REVIEW (AG/CPJAD #17) Required if federal funds totaling in excess of 5100,000 have been used for ADP procurement. 3. STATE AND IRS TAX CLEARANCE (Form A-6) Required for private, non-profit agencies. ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED B - OCT 2 4 2~a3 Signature: Date: Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF HAWAII COUNTY POLICE DEPARTMENT Agency: AG/CPJAD #14A (8/96) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY:~/!~ Date: ~ 2 4 2003 Signature: Name: Lawrence K. MAHUNA Title: POLICE CHIEF HAWAII COUNTY POLICE. DEPARTMENT Agency: AG/CP7AD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OFNON-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, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Title II ofthe Americans with Disabilities Act (ADAj of 1990; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds ofrace, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. The applicant agency also certifies that, ifrequired to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et• seq., it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY: ; Signature: Date: ~°~:T ~ 4 2003 Name: LAWRENCE K. MAHUNA Title: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD #15 06/02 CERTIFICATION ry1 Grant Title: DOMESTIC VIOLENCE/SEXUAL ASSAULT SERVICES COORDINATOR Grantee Name: HAWAII COUNTY POLICE DEPARTMENT Address: 349 KAPIOLANI ST. Contact Person: DETECTIVE Tel.#:(808)961-8883 . RAYMOND RODRIGUES Grant Number: Award Amount: Date and effective duration of EEOP: Policy Statement: Included with plan' on file. CERTIFICATION (EEOP ON FILE) Certification Statement: I LAWRENCE K. MAHUNA (executive officer], certify [hat [he HAWAII COUNTY POLICE DF'PAR'r'naFivm (organization) has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, subpart E, that it has been signed into effect by the proper authority and disseminated to all employees, and that it is on file in the Office of [name], [address], [title], for review or audit by officials of the State planning agency or the Office for Civil Rights, Office of Justice Programs as required b elevan and regulations. POLICE CHIEF ~ ~ ZQO3 (signature] [title] [date] C'F.RTIFICATION (NO EEOP REQUIRED) 1 HEREBY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 29 CFR 42.301, FI ~Q. [signature] [title] [date] OMB Approval No. 1121-0140 Expiration Date: 09/30/2002 Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete and file this certification is IS minutes per application. [f you have comments regarding the accuracy of this estimate, or sueeestions for making this form simpler, you can write to the Office of Justice Programs, Office for Civil Rights. 810 Street N.W.. Washington, D.C. 20531. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIltEMENTS I LAWRENCE K. MAHUNA (hereinafter referred to as "grantee" certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awazeness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy ofmaintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that maybe imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer.of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (e) notifying the Department of the Attorney General, State of Hawaii, within ten (10) days after receiving notice under subp aragraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CPJAD #16 06/02 (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance ofwork done in connection with this specific grant: 349 KAPIOLAN'I ST. Street Address Street Address HILO, HAWAII, 96720 City, State, Zip Code City, State, Zip Code HAWAZI County County SUBNIITTED BY:. 6a~~~~ Date: & ~ L~~3 Signature: Name: LAWRENCE K. MAHUNA Tille: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT er:/(`PT4Tlltlfi (16/02 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTIC€ PROGRKMS OFFICE OF THE COMPTROLLER Certifica#lon Regarding Debarment, Suspension, ineligibill#y and Voluntary Exclusion Lower Tier Covered Transactions (Sub•Recipient) Thls certification is required by the repulaUons Implamonting Executive Order t25a9, Debarment and Suspension, 28 CFR Parf ST, Section 6T.51Q Participants' rosponsiblllties. The regutatlons ware published as Para VII of the May 26, 1988 federal Register{Rages 7976019211). {BEFORE COMPLETING CEATIFICATtON, READ INSTRUCTIONS ON REVERSE) {t) The prospective lower tier participant certll{es, Dy aubmisslon of this proposal, chat neliher It nor Its principals aro Rresnntly departed, suspended, RroRoseO for deparment, declared Ineligible, or voluntarily excluded kom Raritcipation in this iransaetion Dy any Federal departmen) or agency. Where the prosRective lower tier participant Is unable to certlly to any of the statements In this Certiii• cation, such prospective participant shad attach an explanation to this proposal., LAWRENCE K. MAHUNA/POLICE CHIEF Noma ihorized Representative ~~A OCT 2 ~ 2003 Signature Date HAWAII COUNTY POLICE DEPARTMENT Name of 4rgantzation 349 KAPIOLANI ST. HILO, HI. 96720 Address of Orflanization