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HomeMy WebLinkAboutRES 299 Draft 01 2006-2008 Mtr os x~ 16i#~ COUNTY OF HAWAII STATE OF HAWAII r RESOLUTION NO. 299 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, FOR A SEXUAL ASSAULT FORENSIC EXAMINER (SAFE) 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 Sexual Assault Forensic Examiner (SAFE) personnel; and WHEREAS, the SAFE personnel are called upon to conduct exams on victims of sexual assault in assisting the department's Sex Crimes Units, which are responsible to investigate all sexual assaults and difficult abuse cases; and WHEREAS, SAFE personnel also perform forensic examinations and evidence collection of female homicide victims and domestic violence victims where sexual assault is also suspected; and WHEREAS, SAFE nurses have been put on standby status, which means they must respond when called to conduct an examination at any time of the day or week, and are not compensated for it; and WHEREAS, standby pay, which compensates the nurses who are on standby status, is needed to attract and retain SAFE nurses; and WHEREAS, the goal of the SAFE project is to improve Hawaii County's response to violent sex crimes, physical abuse and crimes of violence against women; and WHEREAS, providing standby pay will help improve forensic examination services provided to the victims of sexual assault island-wide in a timely manner; 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 its Sexual Assault Forensic Examiner (SAFE) personnel. 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 xona ,Hawaii, this 6th day of September , 2007. INT ODUCED BY: COUNCIL MEMBE CO OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD X I hereby certify that the foregoing RESOLUTION was by the HIGH X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County ofHawai`ion September 6, 2007 IKEDA X JACOBSON X ATTEST NAEOLE X PILAGO X YAGONG X YOSHIMOTO X - 7 0 2 0 Reference C-595/F'C-151 299 0: COUNTY CLERK CHAIRMAN SLING OFFICE RESOLUTION NO. Project Number O5-WF-12 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 County Police Department, hereinafter called "Grantee". WTTNESSETH 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: Rev. 08/04 1 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 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 Q 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 5 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 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 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 $ 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 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 Seven Thousand Eight Hundred Twenty Eight dollars ($7,828.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly and accurately Rev. 08/04 11 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 12 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. os/o4 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 foz 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 R 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 Twenty Three Thousand Four Hundred Eighty Four dollars ($23,484.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this , Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. Rev. 08/04 1$ 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. INDEMNIFICATIpN. 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 17 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 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. 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. Rev. 08/04 ZZ 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 _Mark J. Bennett 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 OMMENDED: B Print Name Lawrence K. Mahuna Title Chief q£_ Rq:lice Date Rev. 08/04 24 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: Sexual Assault Forensic Examiner (SAFE) Standby Pay B. APPLICANT AGENCY: Hawaii Police Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: September 1.2007 to Mav 31.2008 E. AUTHORIZED PROGRAM PURPOSE: Developing, enlarging or strengthening victim services programs, including sexual assault, domestic violence, and dating violence programs F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $23,484.00 Agency Match 25% $ 7,828.00 TOTAL 100% $31,312.00 G. PROJECT DIRECTOR: Merle Endo Title: SAFE Coordinator Address: 349 Kapiolani Street Hilo, Hawaii 96720 Phone: (808) 9618116 FAX: (808) 9612327 H. FINANCIAL OFFICER: Mrs. Kay Oshiro Title: Accountant IV Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808) 9612274 FAX: (8081 9612390 FOR CPJA USE Date Received: JUL O 2 ZOO Project Number: O5-~/F--/Z AG/CPJA #1-VAWA (2/96) Exhibit A PART II. DESCRIPTION OF PROJECT A. PROBLEM The Hawaii Police Department view sexual assault, physical abuse and violence against women as a serious problem. In 2004, abuse cases totaled 1057. In 2005, abuse numbers declined to 979, and in 2006 that number declined even further to 937. HPD'S Sexual Assault Forensic Examiner (SAFE) are called to conduct exams on victims of Sexual Assault in assisting HPD"S Sex Crimes Units Area I (East Hawaii) and Area II (West Hawaii) who have the responsibility of investigating all sexual assaults and difficult abuse cases. SAFE nurses have been put on standby which means they must respond when called to conduct an examination any time of the day or week. They must be available and drop what they are doing when called and respond to the call for an examination. They have to put heir plans and family on hold when on standby with no compensation and sometimes with no call outs to do a SAFE examination. At this time there is no standby pay for the SAFE nurses. Standby pay is needed to compensate the nurses who are on standby status to attract new nurses and to retain the current SAFE nurses. Many of the SAFE nurses have left the program and this is one of the issues mentioned for the reason of leaving the SAFE program. Some of the new SAFE nurses in training have also brought up this concern. The SAFE Coordinator in her recruitment drives has been asked about this Standby with no compensation. According to the 2004 annual census, the population of Hawaii County in 2004 was 162,971, an increase of 4,236 from 2003. In 2006, the number of sexual assault cases pulled for Area I and Area II totaled 288. Currently three (3) Sexual Assault Forensic Examiners aze actively practicing within Hawaii County. The County of Hawaii in October 2006 hired a full time Sexual Assault Forensic Nurse Coordinator. SAFE personnel receive extensive training in recognition, evaluation and classification of various injuries which result from traumatic sexual contact or physical abuses. SAFE personnel also receive further training in forensic photography, evidence collection, report-writing and other methods of documenting injuries for evidential purposes. The improved evidence collection and testimonial evidence provided by SAFE personnel to the Sex Crime Unit (SCU) and Prosecutors has contributed to the successful prosecution of many sex offenders and physical abusers of women. SAFE personnel also perform forensic examinations and evidence collection of female homicide victims and domestic violence victims where sexual assault is also suspected. Forensic examinations are primarily performed by SAFE personnel at the Kona Community Hospital located in Kealakekua, and at the Hilo Medical Center in Hilo. The driving distance between these two hospitals is approximately 115 miles, and takes about a 3 hour drive. Between January - Apri12007, because there were no SAFE on standby as a result: • Two(2) victims in Kona were transported to Hilo for a sex assault forensic exam; • The SAFE coordinator went to Hilo to Kona to conduct two (2) sex assault forensic exams; • One (1) victim from Hilo was driven to Kona for a sex assault forensic exam. Activities of the SAFE Program since its inception in 1995 have had a significant impact on the County of Hawaii's ability to respond to violent crimes against women by identifying and prosecuting perpetrators. B. GOALS 1. The goal of this project is to improve Hawaii County's response to violent sex crimes, physical abuse and crimes of violence against women. This will be accomplished by improving forensic examination services provided to the victims of sexual assault island- wide in a timely manner. C. PROJECT OBJECTIVES 1. To provide continuity of forensic nursing services for victims of sexual assault in the County of Hawaii by having a SAFE nurse available 24/7 one on the East side of the island and one on the West side of the island. 2. To retain 100% of the practicing certified SAFE personnel, 70% of SAFE candidates who have received training; and attract 5 more nurses interested in becoming SAFES. 3. To improve the overall performance of the SAFE Program and program coordination with Hawaii Police Department by responding to the "call out" within 15 minutes; making contact with the victim for SAFE exam arrangement within 30 minutes; and respond to the designated facility within one hour unless other arrangements have been made. D. PROJECT ACTIVITIES a. HPD will obtain funding for "Standby Pay" for the certified SAFE nurses who are standing by for SAFE exams. b. Each SAFE shall provide her availability to be on standby to the SAFE Nurse Coordinator by the 25`h of each month for the next month. c. One (1) certified SAFE shall be scheduled to take calls on the East side of Hawaii Island and one (1) certified SAFE on the West side of Hawaii Island 24 hours a day, 7 days a week. d. The SAFE Nurse Coordinator shall monitor the SAFE nurse response time on the East and West side of Hawaii Island. e. The SAFE Nurse Coordinator shall continue to actively recmit SAFE nurses. f. The SAFE Nurse Coordinator shall develop and update written procedures, protocols and agency agreements for the Standby pay. g. Monthly meeting between the SAFE Nurse Coordinator and the JAS Lieutenants of Area I and Area II to address problems and program improvement. (12 meetings, dates to be determined). E. PROJECT ORGANIZATION AND MANAGEMENT The Project Manager will be Merle Endo RN, SANE-A, Sexual Assault Forensic Nurse Coordinator of the Juvenile Aid Section of Area I, situated in the Public Safety Building in east Hawaii, 349 Kapiolani Street, Hilo, Hawaii. Merle Endo will report to Lieutenant Eazl Hatada of the project status and ensure compliance with the project guidelines and requirements. F. PERSONNEL 1. One full time SAFE Nurse Coordinator employed by the County of Hawaii Police Department will oversee this grant project. This SAFE Nurse Coordinator is based in Area I and will be on stand-by for sexual assault forensic examinations during the hours of 0745 HRS to 1645 HRS, Monday through Friday excluding Holidays and weekends. This SAFE Nurse Coordinator will not be subject to the Standby Pay dictated in this grant. 2. In Area I (East Hawaii), there will be certified SAFE nurses assigned to standby for sexual assault forensic examinations from: 1645 HRS ti110700 HRS, Monday through Friday 1645 HRS on Fridays unti10700 HRS on Monday morning In addition, a certified SAFE nurse will be assigned to be on standby on County Holidays and when the SAFE Nurse Coordinator is on scheduled vacations. 3. In Area II (West Hawaii), there will be a certified SAFE nurse assigned to standby for sexual assault forensic examinations 24 hours a day, 7 days a week. 4. The certified SAFE nurse will document the time she has been contacted by the SCU Detective and the time she responded to the SANE exam room. G. PERSONNELBIOGRAPHIES The resume and certification for the SAFE Nurse Coordinator is located in the Administration office of the Hawaii Police Department and will be provided upon request. The list, resume and certification for the certified SAFE nurses contracted by the Hawaii Police Department is located in the SAFE Nurse Coordinator office located in the Juvenile Aid Section of Area I, situated in the Public Safety Building in East Hawaii, 349 Kapiolani Street, Hilo, Hawaii H. PARTICIPATING AGENCIES The SAFE Nurse Coordinator and the certified SAFE nurses will work cooperatively and collaboratively with agencies and other community service providers. The Agencies which aze involved with the SAFE and HPD aze YWCA Empowering Alternatives Program (EAp), Bid Island Coalition Against Physical Abuse and Sexual Assault (BICAPSA), Children's Justice Center (CJC) of East and West Hawaii, Sexual Assault Treatment Center (SATC) on Oahu, State Department of Human Services, Prosecuting Attorney of Hawaii county, Hilo Medical Center, Kona Community Hospital, North Hawaii Community Hospital, Ka'u Hospital, Kapiolani Children's Hospital. The listed agencies have requested the assistance of the Hawaii Police Department and the SAFES. I. PROJECT EVALUATION Quarterly reports will be submitted to the Project Director and will serve as an indicator of the project's success. The required progress reports will be submitted by the Project Director as specified in the grant requirements. The project will be evaluated for success by tracking the following information: 1. The length of time it took to enter into contract with the SAFE nurses. 2. The number and percentage of certified SAFES retained per quarter. 3. The number and percentage of SAFE candidates per quarter. 4. The number of SAFES available 24/7. 5. The number of calls received and percentage of calls answered within 15 minutes. 6. The number of call outs and of those, the number and percentage in which 15 minutes, 30 minutes, and one-hour targets were met. 7. Written summary of major issues discussed at monthly meetings. 8. Results of updated procedures, protocols, and agency agreements. PART III BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT SALARY AND WAGES Position Title Standby Allocation SAFE East Hawaii Area I $300.00 x 39.14 weeks = $11,742.00 SAFE West Hawaii Area II $300.00 x 39.14 weeks = $11,742.00 Monthly Salary SAFE Nurse Coordinator $6,963.00 (12.44664%) *MATCHING FLINDS (In-Kind Service) ($869.77 x 9 months) $ 7,828.00 Federal Fuuds Requested $23,484.00 Total Project Costs $31,312.00 TRANSPORTATION & SUBSISTENCE N/A OTHER EQUIPMENT N/A CONSULTANT/CONTRACTS N/A TOTAL PROJECT COSTS $31,312.00 BUDGET EXPLANATION The SAFE nurses shall be assigned to be on standby 24/7. One SAFE nurse shall be on standby at all times on each side of the Island of Hawaii in shifts of 4,8,12, or 24 hours a day. During the time the SAFE nurse is on standby, they will be accessible to the JAS Detective for any call out for a Sexual Assault Examination within 15 minutes; making contact with victim for SAFE exam arrangement within 30 minutes, and respond to the designated facility within one hour unless other arrangement has been made. PART IV. ATTACHMENTS • Acceptance of Conditions ~aGicrJan #iaa~ • Cert. OfNon-Supplanting ~acicrJan #3> • Cert. Of Non-Discrimination ~aGicrJAn #is~ • Cert. Re: EEOP • Cert. Re: Drug-Free Workplace ~ACicr3an #i6> • Cert. Re: Debarment ~o.rr Form ao6iii~ 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 applicable; (c) any special conditions contained in the grant awazd; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED B Signature: Date: ' Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD 4A (8/96) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OFNON-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 B Signature: 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-DISCRIIvIINATION 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 of the Americans with Disabilities Act (ADA) of 1990; Title D{ 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 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 anyprogram or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Deparment 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. se it will maintain a current one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED ;,r,~ t,; 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: SAF'F STANnrty PAV Grant Number: Award Amount: $41.600.00 Contact Person Name and Title: Lieutenant Earl Hatada Phone Number: (808)9612254 Federal regulations require recipients of financial assistance from the 0(fice of Justice Programs (O1P), its component agencies, and the Oifice of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employmmt Opportunity Plan (EEOP) in accordance with 28 C.F.R 42.301-.308. The regulations exempt some recipients irom all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on (ilc and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requircment 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 O]P or COPS grants, please complete a (orm for each gran[, 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 [he Office for Civil Rights, Office of Justice Programs, U.S. Dep artment of Justice, 810 T"Street, N.W., Washington, D.C. 20531. For assistance in completingthisform,pleasecall(202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Pteose cheek atf the boxes rhar apply. ? Recipient has less than SO employees, ? Recipient is an Indian tribe, ? Recipient is anon-profit organization, ? Recipient is an educational institution, or ? Recipient is a medical in51i[ution, ? Recipient is receiving an award less than S2S,OD0 I [responsible officialj, 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 discrirrunation 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 Reouirement and Certifying That an EEOP Is on File for Review. I(a recipient agency has 50 or more employees and is receiving a single award or subaward for S2S,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 certi fits the following (42 C.F.R. § 42.305): I, Lawrence K. Mahuna [responsible official], certify that the Hawaii Police Department [recipient],whichhas50ormore 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 [he 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 planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by rel n regulations. __-Lawrence K. Mahuna, Police Chief _ - _ - Print or type Name and Title ~ Signature Date OMB Approval No. 1121-0140 Expiration Date:01131 06 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I. Lawrence K. Mahuna (hereinafter referred to as "grantee" certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy ofmaintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that maybe imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance ofthe 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 (1) taking appropriate personnel action against such an employee, up to and including tennination; 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 J. II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani Street Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Code City, State, Zip Code Hawaii COUrlty COllllty SUBMITTED ~ , Signature: Date: Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD #16 06/02 ~ U.S. DEPARTMItNT OF JUSTICE OFFICE OF JUSTICE PROGRAMS '~i~ OFFICE OF THE COMPTROLLER Certiticatlon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This cenification IS required by the reputations Implamontlnp Executive Order 12509, Debarment and Susponsian, 28 CFR Pan S7, Section 67570, Participants' rosponslbilities. The regulations were published as Pan VII of the May 26, 1988 Federal Register (papas 19760•'19277). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (7) The prospective tower tier participant certifies, by submission of this proposal, that neither It nor its principals are prosontly debarred, suspended, proposed for Oebarmenl, declared Inellpi0le, orvoluntarity excluded from participation in this transaction Dy any Federal departrnen) or agency. Where Ih4 prospective lower tier participant IS unable to certify to anyof the slltementa In Mis cartiti• cation, such prospective parllcipant shalt attach en explanation to this proposal„ Lawrence K. Mahunaj Police Chief Name and Ti o! Au ' ed Representative 1. %11 . `~i' Signature Date Hawaii Police Department Name of OrpanlxaNon 349 Kapiolani Street, Hilo, Hawaii 96720 Address of Organization O:P {OA.11 ~O611f Wf Y. 7/M P.e.nv, H~mf+n Wfov4 - S Debarment, Suspension, Ineligibility and ooluntary Exclusion Instructions for Certification 1. By-signing and submitting This proposal, the prospective lower tier participant is providing the certllication set out below. 2. The certification In this clause is a material representation of fact upon which reliance was placed when this transactlon was entered into. If It Is later determined chat the prospective lower tier participant knowingly rendered an erroneous certification, in addition tq other remedies available to the Federal Government, the department or agency with which this transactlon originated may pursue available remedies, including suspension andlor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted it at any time the prospective lower liar 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 Ihls covered transaction, unless authorized by the department or agency with which this transaction originated. 8. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions;' without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. 1 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed That which is normally possessed by a prudent person in the ordinary course of business dealings. - 9. Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment.