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HomeMy WebLinkAboutRES 298 Draft 01 2006-2008 NtY Os ~!L,_ COUNTY OF HAWAII STATE OF HAWAII ~J~ ~ ~~tt of ~N',,,~ RESOLUTION NO. 298 07 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, FOR A LAW ENFORCEMENT INVESTIGATION STANDBY PAY 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 for standby pay for the Hawaii County Police Department's Juvenile Aid Section (JAS) Detectives; and WHEREAS, the JAS.have the responsibility of investigating all sexual assaults and violence cases involving an intimate partner or family household member, which includes but are not limited to physical abuse, assault, and sexual assaults; and WHEREAS, a critical component to the effectiveness of this agency is having Detectives on standby status so that they response quickly and conduct their crime investigations; and WHEREAS, due to the shortage of JAS Detectives in East and West Hawaii, locating a Detective after hours can be difficult; and WHEREAS, having Standby Detectives would provide 100% coverage after hours, on weekends, and on holidays; and WHEREAS, the goal of the this project is to improve Hawaii County's ability to respond to violent crimes against women, through funding the Standby Detectives investigating these crimes, ensuring prompt responses to the victim and the crime scene; 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 provide standby pay for the Juvenile Aid Section Detectives. 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 6th day of September , 2007. IN ODUCED BY: Vin,-~ , COUNCIL MEM E , C TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD X I hereby certify that the foregoing RESOLUTION was by the H1GA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County of Hawaii on September 6 , 2007 IKEDA X ATTEST IACOBSON X NAEOLE X PILAGO X YAGONG X YOSHIMOTO X _ _ 7 0 2 0 ~ ~ , ~ .Reference C-594/FC -149 ~..~~LIL ' COUNTY CLERK CHAIRMAN ESIDING OFFICER RESOLUTION NO. 298 a Project Number OS-WF-13 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of September 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. 5. 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: Rev. 08/04 1 EXIIIBIT "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 Rev. 08/04 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 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, Rev. 08/04 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. 08/04 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 Rev. 08/04 S 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 September 1, 2007 to and including May 31, 2008 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 Wornen 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 Rev. 08/04 ~ 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 1~ 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 Ten Thousand Eight Hundred Twenty Nine dollars ($10,829.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly and accurately Rev. 08/04 ll which clearly and accurately show the source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which Grantee does not have the required match. 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. 08/04 I? 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 Rev. 08/04 13 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 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. 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 Thirty Two Thousand Four Hundred Eighty Six dollars ($32,486.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. Rev. 08/04 1$ 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. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or omissions of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all liability, loss actions, claims, suits, damages, costs or expenses, including all attorneys' fees, and all claims, suits, and demands 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 Ig 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 Rev. 08/04 21 surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. The failure of the Agency to insist upon strict compliance with any term, provision, or condition of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the Agency's right to enforce the same in accordance with this Contract. It is expressly understood and agreed that no waiver granted by Agency on 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. Rev. 08/04 22 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 Mdrk J. Beririett 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 MENDED: gy c.-~/jlww.r..--~~ Print Name Lawrence K. Mahuna Title Chief of Police Date I'.li c`. ifl~; Rev. 08/04 Z4 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: Law Enforcement Investigations Standby Pav B. APPLICANT AGENCY: Hawaii Police Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: SEPTEMBER 1, 2007 TO May 31, 2008 E. AUTHORIZED PROGRAM PURPOSE: developing and implementing more effective police services specifically devoted to responding to violent crimes against women. including sexual assault and domestic violence. F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $32,486.00 Agency Match 25% $10,829.00 TOTAL 100% $43,315.00 G. PROJECT DIRECTOR: Earl Hatada Title: Lieutenant JAS I Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808) 9612254 FAX: (80819612327 H. FINANCIAL OFFICER: Mrs. Kay Oshiro Title: Accountant IV Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808)9612274 FAX: (808)9612390 FOR CPJA USE Date Received: J U L O 2 2001 Project Number: d s-tit F -I j AG/CPJA #1-VAWA (2/96) Exhibit A PART II DESCRIPTION OF PROJECT A. THE PROBLEM The Hawaii Police Department (HPD) views sexual, domestic and physical violence against women and juveniles of both genders as a serious problem. In 2004 the total number of abuse cases for Hawaii County was 1057. In 2005, the number of abuse cases declined to 979, and in 2006 that number declined even further to 937. Between July 2006, and December 2006, there were a total of 458 abuse complaints, 349 of those cases were initiated for female victims. While abuse numbers have declined over the last three years, the number of cases of intimate partner violence continues to increase in the form of assault, tenor threat, phone ripping, unlawful imprisonment, and murder. HPD'S Juvenile Aid Section (JAS) Area I (East Hawaii) and Area II (West Hawaii), are responsible for investigating all sexual assaults and intimate partner violence which include but are not limited to abuse, assault, and sex assault. Assault cases which do not involve an intimate partner or family household member aze investigated by HPD'S Criminal Investigation Section (CIS). The investigation of these cases requires coordination & collaboration of personnel as well as other agencies that aze interfaced in providing services for victims. The investigation of these cases is time sensitive. The Prosecutor relies on evidence collected by the Detective. The quality of the evidence collected is determined by the Detective's training and experience. Detectives must get accurate statements from the victim, witnesses and suspect. Efficient evidence collection contributes to the successful..investigation and prosecution of cases involving violence against women. JAS Detectives are specially trained to investigate these cases. Since 2005 HPD Juvenile Aid Section of both East and West Hawaii have had a significant turnover in personnel In 2006, (4) Detectives in East Hawaii JAS left due to promotions or retirement and (1) Detective has been working on a limited schedule due to illness. In East Hawaii JAS the staff is comprised of (3) working Detectives, (1) light duty Detective and (2) Detective vacancies. In West Hawaii JAS there are (6) working Detectives and (1) Detective vacancy. These positions will be filled in the future through transfers or promotions. When a Detective is requested in an investigation, the average time to locate and assign a Detective may take 30 to 60 minutes sometimes even longer.. A critical component to the effectiveness of this agency are standby Detectives. Due to the shortage of JAS Detectives in East and West Hawaii, locating a Detective after hours can be difficult. Having standby Detectives in East and West Hawaii would provide 100% coverage after hours, weekends and holidays. Prompt response to the victim and the scene is crucial in evidence recovery. At the onset of the investigation synchronized coordination is required. Locating a Detective is the critical component for coordination. The victim's memory and statements must be obtained in the apprehension of the suspect and determining victim's safety. In cases where a sexual assault occurred further coordination is required with the forensic SANE and victim advocates. B. GOALS AND OBJECTIVES GOAL The goal of this project is to improve Hawaii County's ability to respond to violent crimes against women through funding the Standby Detectives investigating these crimes. OBJECTIVES 1. To assign a JAS Detective within 5 minutes of receiving the request for a Detective. 2. Total time from assigning a JAS Detective to the JAS Detective contacting victim between 30 to 35 minutes. 3. To have 100% coverage by a standby JAS Detective that will be assigned a case when called after nonnal working hours, weekends and holidays. C. PROJECT ACTIVITIES 1. East Hawaii and West Hawaii JAS Lieutenants will make a monthly standby schedule for their respective Detectives and post schedule in JAS. 2. JAS Lieutenants will document initial time Detective was first called and assigned to a case. 3. JAS Lieutenants will document initial time of Detective's contact with victim. 4. Monthly meetings with the JAS Lieutenants to discuss the following: a. Number of cases standby Detective responded to. b. Time Lieutenant was called by officer requesting a Detective. c. Time Lieutenant called standby Detective. d. Time Detective contacted victim. 5. Monthly meeting with SAFE Coordinator. a. Discuss response time of Detectives. b. How to improve communication between SAFE and Detective D. PROJECT ORGANIZATION AND MANAGEMENT The Project manager will be The Juvenile Aid Section Lieutenant of Area I, situated in the Public Safety Building in East Hawaii, 349 Kapiolani Street, Hilo Hawaii. JAS Lieutenant Area I will report to the Captain of Area I Criminal Investigation Division on the project status and ensure compliance with the project guidelines and requirements. E. PERSONNEL 1. The JAS Lieutenants of East and West Hawaii will document all call out times for Detectives: request for, time Detective contacted, time victim contacted. 2. The JAS Detectives East and West Hawaii trained in Sexual Assault and Abuse and Violence against women investigations will be assigned. F. BRIEF PERSONNEL BIOGRAPHIES Resume' for the JAS Lieutenants and JAS Detectives are on file at HPD and will be provided upon request. G. PARTICIPATING AGENCIES The JAS Lieutenants and Detectives will work cooperatively and collaboratively with these agencies and other Community Service Providers in the investigations of violent crimes against women. Detectives will work cooperatively and collaboratively with government and non government agencies such as Office of the Prosecuting Attorney, YWCA Empowering Alternatives, Big Island Coalition Against Physical Abuse and Sexual Assault (BICAPSA), Children's' Justice Center (CJC) East and West Hawaii; Oahu Sexual Assault Treatment Center (SATC), State Department of Human Services, Police Departments within the State, Hilo Medical Center, Kona Community Hospital, North Hawaii Community Hospital, and Kapiolani Children's' Hospital. H. PROJECT EVALUATION Progress reports will be submitted every 6 months documenting JAS Detectives on standby investigating violent crimes against women will be submitted to the Project Director and will serve as an indicator of the project's success. An annual report on the status of the project will also be submitted. The required progress reports an annual report will be submitted by the Project Director as specified in the grant requirements. The project will be evaluated by the collection ofthe following data/information: 1 The number and percentage of time a Detective was assigned within 5 minutes. (Lt. Document time) 2 The number and percentage of time a Detective contacted victim within 35 minutes. (Lt. Document time) 3 The percentage of time a Detective was on standby after normal working hours, weekends, and holidays having 100% coverage.(Lt. keep schedule) 4 Describe impact of monthly meetings with Area I and Area II JAS Lieutenants and major issues discussed. (12 meetings) 5 Describe impact of monthly meeting with Lieutenants of JAS and SAFE Coordinator and any major issues discussed. (12 meetings) PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT SALARY AND WAGES STANDBY PAY 1 Detective East Hawaii for 39.14 weeks. $415 per wk x 39.14 wks = $16,243 1 Detective West Hawaii for 39.14 weeks. $415per wk x 39.14 wks = $16,243 Subtotal $32,486 Position Title Monthly Salary Lieutenant (JAS Area I) $6,821.84 (17.57468%) *MATCHING FUNDS (In Kind Service) ($1,203 x 9 mo) $10,829 TOTAL SALARIES & BENEFITS $43,315 CONSULTANT/CONTRACTS N/A TRANSPORTATION AND SUBSISTANCE N./A OFFICE SUPPLIES N/A OTHER COSTS N/A TOTAL PROJECT COSTS $43,315 BUDGET EXPLANATION SALARIES AND WAGES 1. Lieutenant (JAS Area I)* Salary rate utilized is for Lieutenant (PO 13) LS Plus Standard of Conduct Allowance $173.84 per month 2. Standby Pay for East and West Hawaii JAS Detectives (104 weeks) Per PoliceUnion standards. 1 Detective East Hawaii 39.14 weeks, 1 Detective West Hawaii 39.14 weeks $415 per wk x 39.14 wks = $16,243. $415 per wk x 39.14 wks = $16,243. TRANSPORTATION AND SUBSISTANCE N/A OTHER EQUIPMENT N/A PART IV. ATTACHMENTS • Acceptance of Conditions ~ACicrrav #iaA~ • Cert. Of Non-Supplanting ~ACicrJan #s> • Cert. Of Non-Discrimination ~ACicrJan #is> • Cert. Re: EEOP • Cert. Re: Drug-Free Workplace ~ACicrJAn #i6~ • Cert. Re: Debarment ~o.rr Form ao61n> 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 N 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 N of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, as appiicable; (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 BY: Signature ~ Date: Name: Lawrence 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~~?iY~ Signature: G'~ Dater 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-DISCRINIINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II ofthe Americans with Disabilities Act (ADA) of 1990; Title DC 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 anyprogram or activity fimded 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. seg•, it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED B Signature: Date: Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD #15 06/02 CERTIFICATION FORM Recipient Name and Address: Hawaii Police Department Grant Title: Law Enforcement Investigations Grant Number: Award Amount: $57,547.00 Standby Pay Contact Person Name and Title: Lieutenant Earl Hatada Phone Number: (808) 9612254 Federal regulations require recipients of financial assistance tram the Office of Justice Programs (O]P), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP (or review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C. F.R 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on tilt and implement an E£OP, but they do not need to submi t the ESOP to OJP for review. Recipients that claim a co mplete 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. 1(a recipient receives multiple O]P or COPS grants, please complete a form for each grant, ensuring that any ESOP 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'a 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. P/ense eireek n[I (he boxes rhnr apply. ? Recipient has less than 50 employees, ? Recipient is an Indian tribe, 0 Recipient is anon-profit organization, ? Recipient is an educational institution, or ? Recipient is a medical institution, ? Recipient is receiving an award less than $25,000 [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 O1P for review as long as it certifies [he following (42 C.F.R. § 42.305): I Lawrence K. Mahuna [responsible official], certify that the await Po ice Department [recipientJ,whichhas50ormtne employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §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: [organization], at [address],for review by the public and employees or for review or audit by officials of the relevant state plannin agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by rel ant laws a regulations. Lawrence K. Mahuna, Police Chief Print or type Name and Title Signature Dale OMB Approval No. 1121-0140 Expiration Date: 01/3106 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIItEMENTS 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 urilawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the gantee'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 gantee's policy ofmaintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance progams; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance ofthe gant be given a copy of the statement required by pazagaph (a); (d) notifying the employee in the statement required by pazagraph (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 subparagaph (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 suchpurposes by a Fedetal, 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: 349 ICapiolani Street Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Code City, State, Zip Code Hawaii County County SUBMITTED Signature: Date: Name: Lawrence K. Mahuna Title: Police Chief A enc Hawaii Police Department g Y~ AG/CP7AD #16 06/02 ~ U.S. DEPARTMENT OF JUSTICE OFFICE OF JVSTICE PROGRAMS 'f OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification IS required by the repulatlons Implomontlnp Executive Order 12549, Debarment and Suspension, 28 CFR Pan 67, Section 67,510, Participants' rosponslbllities. The regulations wore Dubllshed as Pan VII of the May 26, 1988 Federal Register (pages 79760.79277). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective tower tier participant cenifies, Dy submission of this proposal, that neither It not its prlnelDats are presently debarred, suspended, proposed !or debarment, declared Ineligible, or valantanty excluCed from partleipatlan in this transaction Dy any Federal departmen) or agency. Where rho prospective lower tier panieipanl Is unable to certify to any of the statements In this certilb cation, eucn prospective participant shall attach an oxptanation to this proposal., T awry re K Mahnna Pnlire ('hi of Name an0 T o u Representative Signature Date Hawaii Police Devartment Name of Organization 49 KaAyolani Street Hilo Hawaii 96720 Address of Organization Q:P fO+lY •pplll ry1fY-?M1P,f.~ivs M~Mf ua OC10V4 Debarment, Suspension, Ineligibility and Voluntary Exclusion Instructions for Certification 1. 8y signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification In this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If It Is later determinrtd that the prospective lower tier participant knowingly rendered an erroneous certification, in addition iq other remedies available to the Federal Government, the department or agency with which this trar{sactlon originated may pursue available remedies, including suspension andJor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by ieason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended;' "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction;' "principal;' "proposal;' and "voluntarily excluded;' as used in this clause, have the meanings set out In the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, It shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 8. The prospective lower tier parllcipant further agrees by submitting this proposal that it will include the clause tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions;' without modification, in all tower tier covered transactions and In all solicitations for lower tier covered transactions. I 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement Llsi. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certlficstion required by this clause. The knowledge and information of a participant 15 not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. - 9. Except for transactions authorized under paragraph 5 of these Instructions, it a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntary excluded from parllcipation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment.