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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 249 0'7
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY
GENERAL, PURSUANT TO HRS 46-7, FORA "EQUIPPED TO DO BATTLE
AGAINST DOMESTIC VIOLENCE" GRANT FOR THE HAWAII COUNTY POLICE
DEPARTMENT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime Prevention and
Justice Assistance Division has authorized funding towards the Hawaii County Police Department's
"Equipped to Do Battle Against Domestic Violence" Project; and
WHEREAS, the goal of this project is to improve Hawaii Police Department's ability to
effectively investigate cases involving violent crimes against women by obtaining equipment which
will aid in the successful prosecution of offenders; and
WHEREAS, this goal will be accomplished, not only by acquiring necessary electronic
equipment to properly conduct a domestic violence investigation, but being properly trained in using
the equipment; and
WHEREAS, the funds provided by the State of Hawaii Department of the Attorney General are
derived from grants provided by the federal government; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain
the consent of the council to enter into agreements with the federal or state governments respecting
action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any
funds or other assistance in connection with projects being or to be undertaken pursuant to those
powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, the contract, attached hereto and incorporated herein
by reference as Exhibit "A", to enable the County to be equipped to do battle against domestic
violence.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the Finance and Police Departments.
Dated at Kona ,Hawaii, this 25th day of July , 2007.
INTR DUCED BY:
COUNCIL MEMBE O OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
FORD
I hereby certify that the foregoing RESOLUTION was by the HiGA
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN
the County ofHawai`i on July 25, 2007 IKEDA g
ATTEST JACOBSON X
NAEOLE
PILAGO X
YAGONG X
YOSHIMOTO X
8 0 1 0
J Reference C-503/F'G125
62QE I, i~titi
£~U~TY CLERK CHAIRMAN P SIL:~ING OFFICER RESOLUTION NO. A'~+49 U7
Project Number 03-WF-16
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of April 1, 2007,
by and between the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency", by and through the
Attorney General, and Hawaii Police Department,
hereinafter called "Grantee".
WITNESSETH
WHEREAS, Title IV of the Violent Crime Control and
Law Enforcement Act of 1994, 42 U. S. C. 3796 et seq., as
amended (hereinafter "Act"), was enacted to make grants to
states for developing and strengthening effective law
enforcement and prosecutorial strategies and victim services in
cases involving crimes against women. Offices and agencies of
the state government, units of local government, Indian tribes,
and non-profit, non-governmental victim services programs are
eligible to apply to states for subgrants under the eleven
broad purpose areas:
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EXHIBIT "A"
(1) training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify
and respond to violent crimes against women, including the
crimes of sexual assault, domestic violence, and dating
violence;
(2) developing, training, or expanding units of law
enforcement officers, judges, other court personnel, and
prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic
violence;
(3) developing and implementing more effective police, court,
and prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and
communications systems, including computerized systems,
linking police, prosecutors, and courts or for purpose of
identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including
the crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
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dating violence programs; developing or improving delivery
of victim services to underserved populations; providing
specialized domestic violence court advocates in courts
where a significant number of protection orders are
granted; and increasing reporting and reducing attrition
rates for cases involving violent crimes against women,
including crimes of sexual assault, domestic violence, and
dating violence;
(6) developing, enlarging and strengthening programs
addressing stalking;
(7) developing, enlarging and strengthening programs that
address the needs and circumstances of Indian tribes
dealing with violent crimes against women, including the
crimes of sexual assault and domestic violence;
(8) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported by
state funds, to coordinate the response of state law
enforcement agencies, prosecutors, courts, victim service
agencies, and other state agencies and departments to
violent crimes against women, including the crimes of
sexual assault, domestic violence and dating violence;
(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
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analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
(10) developing, enlarging or strengthening programs to assist
law enforcement, prosecutors, courts, and others to
address the needs and circumstances of older and disabled
women who are victims of sexual assault or domestic
violence, including recognizing, investigating, and
prosecuting instances of such assault or violence and
targeting outreach and support, counseling, and other
victim services to such older and disabled individuals;
and
(11) providing assistance to victims of sexual assault and
domestic violence in immigration matters.
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;
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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
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hereto as Exhibit "A" and by reference incorporated herein. It
is understood that this Contract includes as a part hereof any
rules, relevant directives or instructions issued by the United
States or the Agency, including the provisions of the federal
Office of Management and Budget circulars and the effective
edition of the Office of Justice Programs' Guideline Manual
entitled "Financial and Administrative Guide for Grants."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from April 1, 2007 to and including December 31, 2007
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."
Rev. 08/04 6
2. If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before
title in such property may vest in Grantee. If a certification
is not 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
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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.
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.
Rev. 08/04 g
5. Prior to, or concurrently with the
execution of this Contract, if so required by Agency, Grantee
shall complete, execute and submit to Agency a Certification
Regarding Lobbying, hereinafter referred to as the "Lobbying
Certification", and any subsequent disclosure forms required
under Section 1352, Title 31 U. S. C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Lobbying Certification are true 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
Rev. 08/04 9
shall submit quarterly financial reports fifteen (15) calendar
days after the end of each calendar quarter. Records and
financial accounts shall be retained by the Grantee and shall
be accessible to Agency and the United States Department of
Justice for at least three years after Agency's grant with the
Office of Violence Against Women is closed.
7. Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
and local governments which in any way affect its performance
under this Contract.
8. Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Office of Management and Budget Circular A-133.
9. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and
Safe Street Act of 1968 which prohibits discrimination in
employment and in the delivery of services or benefits on the
basis of race, color, national origin, religion, and sex; Title
VI of the Civil Rights Act of 1964 which prohibits
discrimination in the delivery of services or benefits on the
basis of race, color, and national origin; Section 504 of the
Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 which prohibit discrimination in
employment and in the delivery of services or benefits based on
Rev. 08/04 10
disability; Title IX of the Education Amendments of 1972 which
prohibits discrimination on the basis of sex in training or
education programs; and the Age Discrimination Act of 1975
which prohibits discrimination in the delivery of services or
benefits on the basis of age; Department of Justice regulations
on disability (nondiscrimination on the basis of disability in
the state and local government services, public accommodations
and commercial facilities, and accessibility standards), 28
C.F.R. Part 35; Exec. Order No. 13279 (equal protection of the
laws for faith-based and community organizations); Exec. Order
No. 13166 and U.S. Department of Justice, Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited
English Proficient Persons; the Hawaii State Fair Employment
Practices Act, Chapter 378, Hawaii Revised Statutes; and all
other applicable federal and state laws, rules and regulations.
10. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program
in accordance with 28 C.F.R. 42.301 et seq. it will submit a
certification to Agency that a current program is on file.
11. Grantee shall ensure that
Eight Hundred Fifty Nine dollars ($859.00) are available as
matching funds to provide the services under this Contract.
Grantee shall maintain records which clearly and accurately
Rev. 08/04 11
show the source, amount and the timing of match contributions.
If, at the end of the contract period, Agency determines that
Grantee does not have the required matching contribution,
Grantee shall return all of the federal portion of the project
cost for which Grantee does not have the required match.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
terminates shall be returned to Agency; all funds provided
under this Contract which are encumbered but not disbursed
within sixty (60) days after this Contract terminates shall be
returned to Agency.
D. PERSONNEL.
1. Grantee shall secure at its own expense,
all personnel required to perform the services required under
this Contract. All such personnel shall not be considered
employees of, or have any contractual relationship with the
State of Hawaii unless Grantee is otherwise an agency of the
State.
2. Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
Rev. 0804 IZ
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.
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
Rev. 08/04 13
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
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.
Rev. 08/04 14
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 Two Thousand Five Hundred Seventy Six dollars
($2,576.00) to be spent for the purposes of this Contract.
This sum represents any and all compensation to be paid to
Grantee for any and all services it provides, and for any and
all travel costs, materials, supplies, equipment, overhead,
taxes, and other incidentals and operating expenses which it
incurs or may incur in connection with this Contract.
2. It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than
those which are received from the federal government.
H. METHOD OF PAYMENT.
Rev. 08/04 1$
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
Rev. 08/04 16
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 . INDED'II~TIFICATION.
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 therefore, 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
Rev. 08/04 1~
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.
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
Rev. 08/04 I8
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 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
Rev. 08/04 19
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.
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
Rev. 08/04 2~
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 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
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surrendered to Agency on or before the effective date of
termination.
4. Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned
prior to the effective date of termination. Agency shall
determine the amount of work satisfactorily completed and the
amount of compensation satisfactorily earned. If the
termination is for cause, any other provisions to the contrary
notwithstanding, Grantee shall not be relieved of liability to
Agency for damages sustained by Agency because of any breach by
Grantee of this Contract.
O. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency's right to enforce the
same in accordance with this Contract. It is expressly
understood and agreed that no waiver granted by Agency on
account of any violation of any promise, term or condition of
this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
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P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed
of by mutual agreement within fifteen (15) calendar days, shall
be decided by the Attorney General, or the Attorney General's
duly designated representative, who shall reduce the decision
to writing and mail or otherwise furnish a copy of the decision
to Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency's request. The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. Except as
otherwise provided in this Section, any action to enforce this
contract or for breach of this Contract shall be brought only
in a State court of competent jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon
Grantee by reducing them to writing and designating them as
exhibits to this Contract. Any such exhibit shall be attached
hereto and thereby incorporated herein.
Rev. 08/04 23
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII ("AGENCY")
By
APPROVED AS TO FORM: Print Name
Its Attorney General
Date
Deputy Attorney General
State of Hawaii
HAWAII POLICE DEPARTMENT
("GRANTEE")
APPROVED AS TO FORM By
AND LEGALITY: Print Name Harry Kim
Title Mayor
Date
Deputy Corporation Counsel
County of Hawaii
APP VAL REC MENDED:
B %w„~..-
Print Name Lawrence K. Mahuna
Title Chief of Police
Date Y _
Rev. 08/04 24
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of , 2007, before me
personally appeared HARRY KIM, to me personally known, who, being by me duly
sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the
corporate seal of said County of Hawaii; that the foregoing instrument was signed and
sealed in behalf of the County of Hawaii by authority given to said Mayor of the County
of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as
amended, and said HARRY KIM acknowledged said instrument to be the free act and
deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires:
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART 1. TITLE PAGE
A. PROJECT TITLE: Equipped to Do Battle Against Domestic Violence
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 74-5221 Queen Kaahumanu Highwav Kona, Hawaii 96740
D. PROJECT PERIOD: April 1 2007 to December 31 2007
E. AUTHORIZED PROGRAM PURPOSE: Expanding communication systems
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $2,576
Agency Match 25% $ 859
TOTAL 100% $3,435
G. PROJECT DIRECTOR: Lt. Robert Waaner Title: Lt.. CIS Area II
Address: 74-5221 Queen Kaahumanu Highwav Kona Hawaii 96740
Phone: 808-326-4646. ext. 266 FAX: 808-327-3650
H. FINANCIAL OFFICER: Kav Oshiro Title: Accountant IV
Address: 349 Kapiolani Street Hilo Hawaii 96720
Phone: 808-961-2273 FAX: 808-961-2390
FOR CPJA USE
Date Received: 'j Project Number: 03- X11 I b
AG/CPJA #1-VAWA (2196)
Exhibit A
Part II: Description of Project
A. THE PROBLEM
Domestic violence problems nationwide are well documented in state and federal crime
statistics. The County of Hawaii is typical of the national trend of experiencing increasing
occurrences of domestic violence incidences against women, including domestic violence related
homicides.
Hawaii Police Department in the County of Hawaii is made up of nine districts, some of which
are extremely isolated. The population of the County of Hawaii is approximately 165,000, with a
yearly population increase of a few percent.
Hawaii Police Department has two Criminal Investigation Sections, one in Area I, Hilo, the other
in Area II, Kona. These units are responsible for the investigation of domestic violence related
homicides and domestic assaults involving serious injury.
From January 1, 2006 to December 31, 2006, 937 domestic violence incidents were reported in
Hawaii County, of which there were 409 individuals arrested and charged. During this time the
Area II Criminal Investigation Sections investigated three domestic related homicides involving
three female victims. In Area II, which encompasses Kona, S. Kohala, N. Kohala, and Ka'u, a
total of 398 domestic violence cases occurred, which resulted in 152 individuals arrested and
charged in 2006.
To improve proper investigations and prosecutions of domestic violence cases, the Hawaii Police
Department Area II domestic violence unit is in need of updated equipment.
Digital video equipment will assist the Area II Criminal Investigation Section in capturing and
preserving the exact nature and extent of an incident, including details of the crime scene. It will
provide valuable evidence that will aid with the prosecution of suspects. Presently, the Area II
Criminal Investigation Section does not have video equipment. Two video cameras are
requested, as our Kona Juvenile Aid Section also investigates domestic violence against women.
The Kona Juvenile Aid Section has a Sergeant who is solely responsible for the lesser offenses of
domestic violence against women to include but not limited to Violation Of Order, Abuse of
Family/Household Member, and periodical investigation of Assault in the Second Degree that
are domestic related.
Digital DVD recorders will replace older outdated VHS recorders presently being used in two
interview rooms located in the Kona Police Station. It will update the present equipment and
provide quality video documentation of interviews that will assist in the prosecution of suspects.
External CD/DVD burners will be used to view digitally recorded interviews on a PC that will
assist in the proper documentation and lead to more effective prosecution of suspects.
Video/Audio transcriber will assist in the transcribing of interviews by police clerks providing
the necessary documents required for prosecution of offenders.
This equipment improvement will assist in our ability to prosecute domestic violence cases by
providing aquality-viewing product. The quality of the picture is essential in assisting jurors in
determining what transpired without question.
B. GOALS AND OBJECTIVES
Hawaii Police Department will purchase digital video cameras, digital DVD recorders,
Video/Audio transcriber, and Exterual CD/DVD burners to enhance investigations and
prosecutions of domestic violence cases. Training in the proper use of the new equipment will
be given to police clerks and police detectives and will include training with the prosecutor's
office regazding the value of proper crime scene documentation and video evidence in the
prosecution of perpetrators.
GOAL
To improve Hawaii Police Department's ability to effectively investigate cases
involving violent crimes against women by obtaining equipment which will aid in the successful
prosecution of offenders.
OBJECTNES
1. To equip detectives and police clerks with the necessazy equipment to properly
conduct a domestic violence investigation that will lead to successful prosecutions of suspects.
2. To equip Area II Criminal Investigation Section detectives with a digital video
camera that will provide appropriate documentation of domestic violence crime scenes involving
homicides against women.
3. To provide training of law enforcement personnel on how to properly
document crime scenes involving violence against women and to provide training with the
prosecutor's office regarding the proper documentation needed for the successful prosecution of
perpetrators.
C. PROJECT ACTNITIES
Upon receiving funding for two digital video camera, two Video/Audio Transcribers, two
digital DVD recorders, and two External CD/DVD burners, the Hawaii Police Department
will purchase the equipment and set up training for Area II Criminal Investigation Section
detectives and police clerks in the proper use of the desired equipment in investigations
involving violent crimes against women.
The Area II Criminal Investigations Section Lieutenant will coordinate activities to ensure the
proper training of police personnel.
Consultation will be conducted with the prosecutor's office to ensure that evidence gathered
from the digital equipment improves the prosecution of cases.
Specific performance indicators will be as follows:
1. Monthly meetings with prosecutor's involved with the prosecution of domestic cases will be
set up to ensure proper documentation protocol is being followed.
2. The number of domestic related incidents involving the use of requested equipment will be
documented.
3. The number of trainings perfonned to police personnel and the number of individuals trained
will be documented.
4. The project director, the Area II CIS Lieutenant will be responsible for the management,
monitoring progress and completion of the project as mentioned above.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Manager will be the Criminal Investigations Section (CIS) Lieutenant Area II,
Robert Wagner. Overseeing Lt. Wagner in the CID section is Captain Paul Kealoha, who will be
apprised of the project status and progress.
E. PERSONNEL
None.
F. BRIEF PERSONNEL BIOGRAPHIES
Lieutenant Robert Wagner has been employed as a police officer for the past 21 yeazs. He has
served in various districts as a patrol officer, community policing officer, and patrol sergeant. He
has also served as a police detective in Area I, Hilo, and is presently assigned in Area II, Kona,
as a police lieutenant of CIS. He presently oversees five police detectives.
Captain Paul Kealoha is the captain of the CID section, which encompasses three section, Kona
CIS, Kona Vice, and Kona JAS. Captain Kealoha has been an officer for the past 21 years, and
has held several positions to include CIS Lieutenant and Patrol Captain.
G. PARTICIPATING AGENCIES
The Hawaii Police Department works collaboratively with other agencies involved with the
physical abuse of women. These agencies are the YMCA, Big Island Coalition Against Physical
Abuse and Sexual Assault, Children's Justice Center, Department of Human Services,
Alternative to Violence, and local hospitals. That these agencies in the past have worked with the
Hawaii County Police in the battle against domestic violence against women.
H. PROJECT EVALUATION
The criteria for project evaluation will consist of the following:
1. Number of successful prosecutions of offenders as a result of evidence recovered
by the equipment requested, to include the use of transcripts and videotaped
interviews.
2. Number of crime scenes documented with the use of a digital video camera which
assisted in the prosecution of an offender.
3. Number of personnel properly trained on documenting crime scenes involving
violence against women.
Additionally, specific performance indicators will be as follows:
1. Monthly meetings with prosecutor's office will be documented to ensure proper protocol is
being followed.
2. The number of domestic related incidents involving the use of requested equipment will be
documented.
3. The number of trainings performed to police personnel and the number of individuals trained
will be documented.
PART III: BUDGET DETAIL AND EXPLANATION
A. SALARIES AND WAGES
Position Monthly Salary Amount
*Lieutenant(CIS Area II) $5,752/mo @1.494% $ 859
B. FRINGE BENEFITS
None
C. Consultants
None
D. TRANSPORTATION AND SUBSISTENCE
None
E. OFFICE SUPPLIES
None
F. OTHER COSTS
Sony digital Video Camera mini DV (2) $800
Panasonic fDMR-EM55 DVD recorder (2) $716
Sony External CD/DVD burner (2) $560
Video/Audio Transcriber (2) $500
(model SSRP-3-USB)
G. TOTAL PROJECT COSTS $3,435
H. AGENCY MATCH
*The Hawaii Police Department will use a portion ($859) of the lieutenant's salary for the
agency match.
I. BUDGET EXPLANATION
The funds will be used solely to purchase digital equipment. The equipment will assist the Area
II Criminal Investigation Section in capturing and preserving the exact nature and extent of an
incident, including detai]s of the crime scene. It will provide valuable evidence that will aid with
the prosecution of suspects.
PART IV.
ATTACHMENTS
• Acceptance of Conditions ~ACicraan #iaa~
• Cert. Of Non-Supplanting ~aGicr.ran #3>
• Cert. Of Non-Discrimination ~acicr.rAn #is>
• Cert. Re: EEOP
• Cert. Re: Drug-Free Workplace ~acicrJan #i6>
• Cert. Re: Debarment hoar Form ao6in>
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against
Women Formula Grant Program established under Title N of the Violent Crime Control
and Law Enforcement Act of 1994, Public Law No. 103-322.
2. Any grant 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 maybe terminated, or fund payment may
be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a
substantial failure to comply with the foregoing provisions, the application obligations or for
non-availability of funds.
SUBMITTED
Signature: Date: MAY ` ~ 200%
Name: Law7'ence K. Mahuna Title: Police Chief
Agency: Hawaii Police Department
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:
Signature: Date: ~~t ` ZD~!
Name: Lawrence K. Mahuna Title: Police Chief
Agency: Hawaii 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 ofthe Omnibus Crime Control and Safe Streets
Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with
Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part
42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination,
28 CFR Part 35 and Part 39. No person shall, on the grounds of race, color, religion, national origin,
sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in connection with any program or activity funded in
whole or in part with funds made available under this title from the U.S. Department of Justice
through the Department of the Attorney General, Crime Prevention and Justice Assistance Division.
The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity
Program (EEOP) in accordance with 28 CFR 42.301, et. sea•, 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: y~~~ Date: -~i~' ~~i
Name: Lawrence K. Mahtma Title: Police Chief
Agency: Hawaii Police Department
AG/CPJAD #15 06/02
CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department, 349 Kapiolani Street, Hilo, HI 96720
Grant Title: Equipped to Do Battle Against Grant Number: 03-WF-16 Award Amount: $3,435.00
Domestic Violence
Contact Person Name and Title: Lt. Robert Wagner Phone Number: (808)326-4646, ext. 266
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of CommuniTy Oriented Policing Services (COPS) [o prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according [o the regulations, must prepare, maintain on file and implement an EEOP, but they
do no[ need to submit the EEOP [o OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple O1P or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7`^ Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Ptease check art the boxes that
app [y.
Q Recipient has less than 50 employees, Q Recipient is an Indian tribe,
Q Recipient is anon-profit organization, Q Recipient is an educational institution, or
Q Recipient is a medical institution, Q Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1, Lawrence K. Mahuna [responsible official], certify that
the Hawaii Police Department [recipient],whichhas 50 or more
employees and is receiving a single award or subawazd for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Hawaii Police Department [organization],
at 349 Kapiolani Street [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civi] Rights, Office of
Justice Programs, U. S. Department of Justice, as required by r ant aws regulations.
Lawrence K. Mahtma Police Chief <-~~j w ` Zp~t
Print or type Name and Title Signature Date
OMB Approval No. 1121-0140 Expiration Date: 01/31/06
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
I Lawrence K. Mahuna (hereinafter refen-ed to as
"grantee") certifies that it will provide adrug-free workplace by:
(a) publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) establishing adrug-free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that maybe imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Department of the Attorney General, State of Hawaii, within ten (10)
days after receiving notice under subparagraph (d) (2) from an employee or otherwise
receiving actual notice of such conviction;
(f) taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD #16 06/02
(I) 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 of work
done in connection with this specific grant:
Street Address Street Address
City, State, Zip Code City, State, Zip Code
County County
SUBMITTED B
Signature: Date: ~!A~ ~ ~ 200%
Name: Lawrence K. Mahuna Title: Police Chief
Hawaii Police Department
Agency:
AGlCPJAD #16 06/02
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)
Thls certification la requlrod by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 87; Section 87510, Partlcipanta' reaponeibilities.Thc regulations were publlahed
as Part VII of the May 28,1988 Federal Reg/sfer (pages 19180.19211
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certlfles, by submission of this proposal, that neither It nor Its
principals ere preaentydebarred, auspended,proposed fordebamfenl, declared Ineligible, orvoluntarlly
excluded from participation In this transaction by arty Federal department or agency.
(2) Where the prospective lower tier participant Is unable to certify to arty of the statements In this certitF.
cation, such prospective partlelpant shall attach an explanation to this proposal.
Lawrence K. Mahuna, Police Chief
Nam a uthorized Representative
~~AY 7 2~~1
Signaturo Date
Hawaii Police Department
Name of Organization
349 Kapiolani Street, Hilo, HI 96720
Address of Organitetlon
O1P PoAM ~061H (REV.7Ai) Pnrleu~ MNbns ~n OEwMN.
Instructions for Certification
1. By signing and submllting this proposal, the prospective lower tier participant is providing the
certilleatlon set out below.
2. The certification in this clause to a material representation of fact upon which reilance was placed
when this transaction was entered Into. if It is later determined that the prospective lower tier participant
knowingly rendered an erroneous certiticatbn, M addition to other remedtee available to the Federai
Oovemment, the department or agency with which this trensaction originated may pureue available
remedies, Including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written nonce to the person to which
this proposal Is submitted if at any time the prospective lower tier participant leama that Its certification
was erroneous when submitted or has become erroneous by reason of changed olroumatancea.
4. The tertne "covered transaction," "debarred;' "suspended," "ineligible," "lower. tier covered
transaction," "pariieipant," "person," "primary covered Nanaaction," «prMaipai « "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out (n the Definitions and Coverage
sections of rules Implementing Executive Order 12549.
5. Ths prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered Into, it shall not knowingly enter into arty lower tier covered transaction
with a person who ie debarred, suspended, declared Inefigibte, or voluntarily excluded from particlpatton
in this covered trenaection, unless authorized by the department or apenay with which this transaction
originated.
& The prospective lower tier participant further sprees by submitting this proposal ttrat it will Include
the clause titled "Certification Regarding Debarment, Suapenalon, lneligibtlity and Voluntary
Exclusion-Lower Tler Covered Transactlorra," without modification, in alt lower tier covered
transactions and in all solicitatlona 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 trsnaactton, unless it knows that the certification is erroneous. A pariiclpant may decide the
metlxxl and frequency by which M determines the e1lglbiilty of its prtnclpals. Each participant may check
the Nonprocurement LIaL
8. Nothing contained in the foregoing shall be construed to require eatabilshment of a system of
recoros 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 couree of business dealings.
9. Except for transactions authorized under paragraph 5 of these inatructlons, it a participant In a
covered trenasctlon knowingly enters Into a lower tier covered transaction with a person who la
suspended, debarred, ineligible, or voluntary excluded from paRlcipatlon in this transaction, in addition
to other remedies available to the Federal 6ovemment, the department or agency with which this
transaction originated may pursue available remedies, Including suspension andlor debarment