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HomeMy WebLinkAboutRES 819 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 81.9 08 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 17th day of December , 2008. INTROD CED BY: Uw--- COUNCI MEMBER, C N Y F HAWAII COUNTY COUNCIL County of Hawaii Hilo. Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on December 17, 2008 ATTEST l+ COUNTY CLERK CHAIRMAN 8c PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS L'X ENRipurs X rol(u X GKBENR'ILI. HOPFMANN }{ IKL'DA g NA80LE X ONISIiI g YAGONG g YOSHIMO'r0 X 8 0 1 0 Reference C-1573/FC-364 RESOLUTION NO. 81.~ 08 v :1 ~ Project Number 07-WF-02 ~~ C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of December 1,.2008, by and between the Department of the Attorney General, State .~.of--. .. Hawaii, hereinafter called "Agency", by and through the Attorney General, and Hawaii Police Department hereinafter called "Grantee". WITNESSETH WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 42 U. S. C. 3796 et seq., as amended (hereinafter "Act"), was enacted to make grants to states for developing and strengthening effective law enforcement and prosecutorial strategies and victim services in cases involving crimes against women. Offices and agencies of ~. the state government, units of local government, Indian tribes, and non-profit, non-governmental victim services programs are eligible to apply to states for subgrants under the fourteen broad purpose areas: EXHIBIT "A" Rev. 06/07 ~ 1 Project Number 07-WF-02 (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. 06/07 2 Project Number 07-WF-02 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. 06/07 3 v Project Number 07-WF-02 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; (11) providing assistance to victims of sexual assault and domestic violence in immigration matters; i (12) Maintaining core victim services and criminal justice -- ---initiatives,----,-while - supporting complementary newy- initiatives and emergency services for victims and their families; (13) Supporting the placement of special victim assistants (to be known as "Jessica Gonzales Victim Assistants") in local ,:, ........... ... law enforcement agencies to.._serve ;as:..,liaisons .between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating Rev. 06/07 4 Project Number 07-WF-02 violence, sexual assault, or stalking and may undertake the following activities - o Developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including triage protocols to ensure that dangerous or potentially.:• lethal cases are identified and prioritized; o Notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency; o Referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services);land o Taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; and (14J =°To provide funding to law enforcement agencies,. -:nonprofit.... nongovernmental victim service providers, and- State, tribal, territorial, and local governments, (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote - Rev. 06/07 5 Project Number 07-WF-02 o The development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as "Crystal Judson Victim Advocates", to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel: o~The implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police [`Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project' _ . July 2003], :- o The development of such protocols in collaboration with State, tribal, territorial and local victim services providers and domestic violence coalitions. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; Rev. 06/07 6 Project Number 07-WF-02 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; WHEREAS, Agency has reviewed Grantees 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. Rev. 06/07 7 Project Number 07-WF-02 Grantee shall, in a proper and satisfactory manner, as determined by Agency, and in accordance with the terms and conditions of this Contract, use the funds received under this Contract for the purposes stated herein and in accordance with the "Application For Grant" (Parts I through IV including all certifications required under Section C} attached hereto as Exhibit "A" and by reference incorporated herein. It 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 December 1, 2008 to and including February 28, 2009 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 Rev. 06/07 8 Project Number 07-WF-02 guidelines, including but not limited to Office of Justice Programs, STOP Violence Against Women Formula and Discretionary Grants Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guidance Manual entitled "Financial and Administrative Guide for Grants." 2. If so required by Agency, Grantee shall certify to Agency that any expendable or nonexpendable personal 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._sha11- -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.:-,compl@te.,,~. 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 Rev. 06/07 9 • Project Number 07-WF-02 Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true at the time this Contract is executed and will remain true throughout the entire term of this Contract and any extensions, and that Grantee shall fulfill all the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of any or all of -the requirements set forth therein shall.. entitle Agency to suspend one or more payments 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--:- -. - :~ -.: w. 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 Rev. 06/07 10 Project Number 07-WF-02 representations made in the Debarment Certification are true at the time this Contract is executed and will remain true throughout 'the entire term of the Contract and any extensions, and that Grantee shall fulfill any and all terms and conditions set forth therein. 5. Prior to, or concurrently with the execution of this Contract, if so required by Agency, Grantee shall complete, execute and submit to Agency a Certification Regarding Lobbying, hereinafter referred to as the "Lobbying Certification", and any subsequent disclosure forms required 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 Cert-ification,..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 Rev. 06/07 11 Project Number 07-WF-02 available for inspection, reviews or audits at all reasonable times by Agency or the United States Department of Justice. In addition, Grantee shall prepare and submit to the Agency reports in such form and at such times as Agency or the Office of Violence Against Women may require. At a minimum, Grantee shall submit quarterly financial reports fifteen (15) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained by the Grantee and shall be accessible to Agency and the United States Department. of Justice for at least three years after Agency's grant with the Office of Violence Against Women is closed. 7. Grantee shall comply with all the laws, ordinances, codes, rules and regulations of the Federal, State - - .= and -local;_•governments-which in any way-affect its- perf-ormance° 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. ;,;~.,,:. ,. ..x . ,.., r. 9 . Grantee shall comp -y. ;. -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 Rev. 06/07 12 Project Number 07-WF-02 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 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; Execr.<rOrder No: 13279 (equal- protection-r 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.-.R-rofcent- Persons; the Hawaii State Fa=-r-->=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 Rev. 06/07 13 Project Number 07-WF-02 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 Fifteen Thous Six Hundred Thirty-Five dollars ($15,635.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly and accurately show the source, amount and the timing of match contributions. If, at the end of the contract period,. Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which Grantee does not have the required match. 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 Rev. 06/07 14 Project Number 07-WF-02 State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities - --~-,:required under this-Contract>. Grantee agrees,,,ahat the period of-- ---~ ----- each subcontract shall not exceed one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the subcontractor. All subcontracts .;. ,.~, shall include provisions to ..ensure. .that. Grantee is capable of satisfying the requirements of this Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. Rev. 06/07 15 Project Number 07-WF-02 F. SERVICES AS INDEPENDENT CONTRACTOR. 1. In the performance of the services required under this Contract, Grantee shall be an independent contractor with the authority to control and direct the performance and details of the work and services required under this Contract; however, Agency shall have the right to inspect work in progress to determine whether, in Agency's opinion, the work is being performed by Grantee in accordance with the provisions of this Contract. All persons hired or used by Grantee shall be Grantee's agents and employees and Grantee shall be responsible for the accuracy, completeness, and adequacy of any and all work and services performed by its agents and employees. Furthermore, Grantee intentionally, voluntarily, and knowingly ......assumes- -the.__sole ,and -entire .liability. -if- -such---liabilty is - - determined to exist, to its agents and employees or to third persons, for all loss, cost, damage or injury caused by Grantee's agents and employees in the course of their employment. The performance of work under this Contract alone ,, ,_,,shall,,: not, be construed as employment with:.;.the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of all applicable federal, state, and county fees which may become due and owing by the Grantee by Rev. 06/07 16 Project Number 07-WF-02 reason of the Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments and .taxes and {iii) general excise taxes. The Grantee also is responsible for obtaining all licenses, permits and certificates that may be required in order to perform this Contract. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. G. COMPENSATION. 1. Subject to continuing availability of. funds, Agency agrees to pay Grantee, for services satisfactorily performed under this Contract, a sum not to exceed Forty-Six Thousand, Nine Hundred and Four dollars ($46,904.00) 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.. :,W <,.-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 Rev. 06/07 17 Project Number 07-WF-02 received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. ,,,..,.,.; - - - - ,b.-~, --All- -.payments. ..shall be made in---;. accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c,;;,,.r,,: I,f .;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. Rev. 06/07 18 Project Number 07-WF-02 If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the applicable deadline- will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. - 1. It--is strictly understood,. :that the ~ State of --- - ,. Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or 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 Rev. 06/07. 19 Project Number 07-WF-02 performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action or claim unless the action or claim involves an act or omission solely of Agency, its officers, agents, or employees. 2. This section shall not be enforced if Grantee is an agency of the State of Hawaii. J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or- eonfdentral.~:..,information that Agency ..requests to be=-kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed:,~,,Privacy Certification for review:,.and...approval prior. to the expenditure of funds for the collection of identifiable research/statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. Rev. 06/07 20 Project Number 07-WF-02 K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. - - - L: - MODIFICATION.~~OF CONTRACT. - --;.w. 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 incrsases• (subject to the availability of :funds-}~ or <>-t~• 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 Rev. 06/07 21 Project Number 07-WF-02 requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency). and made by attaching a party's written request with the other party's written approval thereon to this Contract. No oral modification, alteration, amendment, change, or extension of ._;,.,,.. .any term, provision or condition of„ ..this Contract shall be - - ....: permitted. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that,, it,.shall not acquire any interest, ,.: ;.. ,:. ... direct or indirect, that would conflict in any. manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. Rev. 06/07 22 Project Number 07-WF-02 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or any extension thereof, or if Grantee breaches any .of the promises, terms or conditions of this Contract and, having been given reasonable notice of and opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee ,of such termination ten (10) calendar days before the effective date of such termination. The Grantee. shall continue performance of the Contract to the extent it is not terminated. Notwithstanding termination of the Contract, and subject to any directions from -...: the.-Agency,. ,the Grantee shall take: tmely;~-r-easonable, 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 r,.,:.:•-., .:wri_tten notice to Grantee of such..aermination 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 nev. 05/07 23 Project Number 07-WF-02 this Contract shall constitute or be construed in any manner as a waiver of the promise, term or condition or of. the right to enforce the same as to any other or further violation. P. DISPUTES; GOVERNING LAW: VENUE. Any dispute concerning a matter of fact arising under this Contract or any subcontract, which is not disposed of by mutual agreement within fifteen (15) calendar days, shall be decided by the Attorney General, or the Attorney General's. duly designated representative, who shall reduce the decision to writing and mail or otherwise furnish a copy of the decision to Grantee. The decision of such person shall be final and conclusive. Pending final decision of such dispute, Grantee shall proceed-diligently with the performance of this Contract«=- -- in accordance with Agency~s request. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii.. Except as otherwise. provided in this Section, any actionrao=.en€orce this contract or for breach of this Contract shall be brought only in a State court of competent jurisdiction in Honolulu, Hawaii. Q. ADDITIONAL CONDITIONS. Rev. 06/07 25 Project Number 07-WF-02 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract. APPROVED AS TO FORM: Deputy Attorney General State of Hawaii DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By Print Name Mark J: Bennett Its Attorney General Date APPROVED AS TO; FORM ,; ,- ,. ,,,,..,;;,,,,. AND LEGALITY: HAWAII POLICE DEPARTMENT ("GRANTEE") Deputy Corporation Counsel County of Hawaii By Print Name Title Date RECD OVAh:" ~ ~` ' BY t~®i-~~-~ -- Print Name Lawrence K. Mahuna Title Chief of Police Date DCT 2 ?(IOR Rev. 06/07 26 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 I. TITLE PAGE A. PROJECT TITLE: Specialized Detectives Standby Pay B. APPLICANT AGENCY: Hawaii Police Department •C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: December 1, 2008 TO February 28, 2009* 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% $46,904 Agency Match 25% $15,635 TOTAL ,~:...,... - $62,539 G. PROJECT DIRECTOR: Lt. Ron Paul Title: Lieutenant (JAS I) Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: 961-2276 FAX: 961-2327 H. FINANCIAL OFFICER: Mrs. Kay Oshiro Title: Accountant Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: 961-2274 FAX: 961-2390 * A one-year extension to the master grant will be requested at the appropriate time. Upon OVW approval of the extension, CPJA will extend the contract period for your project. FOR CPJA USE Date Received: 10-23-08 Project Number: 07-W F-02 AG/CPJA #1-VAW A (2/961 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. The following is a four year comparison graph of abuse cases for the County of Hawaii: """`''While abuse numbers have declined in 2005"and 2006;"tlie"number of cases of intimate partner violence continues to increase in the form of assault, terror threat, phone ripping, unlawful imprisonment, and murder. The following intimate partner or family household murders were investigated during these periods: November 2005, Sarah Fay; July 2006, (2) companions, Swain and Santa Isabel, of a domestic violence victim; November 2006, Dayhsa Aiona Aka; June 2007, Vesperas-Saniatan. Both Fay and Aiona Aka had temporary restraining orders and both offenders in each case had been previously arrested and prosecuted. Because police training identifies strangulation as a precursor to the use of a weapon, ' in an effort to measure family violence'dolatility; the Victim Services Coordinator in JAS, isolated data identifying strangulation. During a six month period from August 1, 2007 through January 31, 2008, abuse cases where female victims said they were choked, total 30, and where a female victim said she was strangled, total 10. All of these victims were adult females with the exception of one juvenile, F-13. For the period August 1, 2007 through January 31, 2008, a total of 147 Sex Assault cases were reported, which included 121 female adult victims and 70 female juvenile victims. 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 are investigated by HPD'S Criminal Investigation Section (CIS). The investigation of these cases requires coordination & collaboration of personnel as well as other agencies that are 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. The JAS of both East and West Hawaii have had a significant turnover in persomnel. In East Hawaii, JAS staff is comprised of (3) working Detectives, (I) light duty Detective and (2) Detective vacancies. 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 challenging. 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~iiivestigation 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 safety. In cases where a sexual assault occurred further coordination is required with the forensic SANE and victim advocates. For the period of September 1, August 31, 2008, the Hawaii Police Department received a VAWA grant award for funding JAS Standby Detectives. During this period, detectives on standby investigated the following cases: (35) sexual assault; :;~ _ (17) gbnae; (2) kidnapping; and (4) teffor threats. Standby detectives along with sex assault nurse examiners logged a total of (40) sexual assault exams in East Hawaii, Area I, and (17) sex assault exams in West Hawaii, Area II. B. GOAL The goal of this project is to improve Hawaii County's ability to respond to violent crimes against women through scheduling and funding Standby Detectives investigating these crimes. 2 _ C. 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 Detective contacting the 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 normal working hours, weekends and holidays. 4. PROJECT ACTIVITIES 1. East Hawaii and West Hawaii JAS Lieutenants shall make a monthly standby schedule for their respective Detectives and post schedule in JAS two weeks prior to commencement of the scheduled month. 2. JAS Lieutenants shall document initial time Detective was first called and assigned to a case. 3. JAS Lieutenants shall 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 Detectives 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 meetings with SAFE Coordinator for the following: a. Discuss response time of Detectives; and b. How to improve communications between SAFE and Detective(s). E. 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. F. PERSONNEL 1. The JAS Lieutenants of East and West Hawaii will document all call out times for Detectives:'request for, time Detective contacted, and time victim contacted. ~~ "~ 2. The JAS Detectives of East and West Hawaii trained in Sexual Assault and Abuse and Violence against women investigations will be assigned. G. BRIEF PERSONNEL BIOGRAPHIES Resumes for the JAS Lieutenants and JAS Detectives are on file at HPD and will be provided upon request. 3 H. 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 and children of both genders. 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. • - ~3. PROJECT EVALUATION Progress reports shall 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 in a format provided by the Department of the Attorney General. The required progress reports and annual report will be submitted by the Project Director as specified in the grant requirements. The project will be evaluated by the collection of the following data/information: 1. The number and percentage of time a Detective was assigned within 5 minutes (Lieutenants shall be responsible for documenting time). 2. The number and percentage of time a Detective contacted victim within 30-35 minutes (Lieutenants shall be responsible for documenting time). ` '' 3. The percentage of time a Detective was on` standby after normal working hours, ' weekends, and holidays having 100% coverage (Lieutenants 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 meeting). _ ._ . 4 - -- .PART,III BUDGET DETAIL-AND EXPLANATION ... ... COST ELEMENT AMOUNT SALARIES AND WAGES STANDBY PAY 1 JAS Detective, East Hawaii Area I $451.00 per week x 52 weeks = $23 452.00 1 JAS Detective; West-Hawaii Area II ~~ - $451.00 x 52 weeks = $23.452.00 Subtotal $46,904.00 Agency Match (25%) In Kind Service Position Title Monthly Salary Lieutenant (JAS Area I) $6,821.84 (19.099%) $1,303 X 12 = Federal Funds Requested Total Project Costs $15,635.00 $46,904.00 $62,539.00 5 PART IV. CERTIFICATIONS ,:, ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322. 2. Any grant awazded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103- 322,as applicable; (c) any special conditions contained in the grant 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 BY: Date: OCT 2 ~ 200A 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. SUBMITTE~L~B Signature: ~..~/ Date: ®CT 2 3 2008 Name: Lawrence K. Mahuna Title: Police Chief _ Agency: Hawaii Police Chief . _ .. - ...:,., AG/CPJAD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL -` Crime Prevention and Justice Assistance Division •- - CERTIFICATION OFNON-DISCRIMINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements o£ • The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex, in OJP and COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et sec ..) • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C. §2000d and 28 C.F.R. §42:101 et sue) _ • Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in OJP and COPS funded programs or activities. (29 U.S.C. §794 and 28 C.F.R. §42.501 et sue) • Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA funded programs or activities. (42 U.S.C. §10604) • Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132 and 28 C.F.R. Pt. 35) • Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and 34 C.F.R. Pt. 106) • The Age Discrimination Act of 1975 as it relates to services discrimination on the basis of age in_OJP or_COPS funded programs or activities. (42 U.S.C._§6102 and 28 C.F.R... ,;. §42.700 et se . • Executive Order No, 13166 prohibiting discrimination of Limited English Proficient Persons. • Executive Order No. 13279 regarding equal protection of the laws for faith-based organizations. (28 C.F.R. pt. 38) No person shall; on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity funded in whole or in part with funds made available under this title from the U.S. Department..of.Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTE Signature _ ~'71 Date: ®~T 2 g 200 Name: awrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD.#15 12/07 CERTIFICATION FORM Recipient Name and Address: Hawaii Police Grant Title: DV/SA Victim Svcs. Coordinator Grant Number: 07-WF-O1 Contact Person Name and Title: Lieutenant Ron Paul Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepae, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepae, maintain on file 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 requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, enswing that any EEOP recipient certifies as completed and on file (if '"applicable) has been prepazed within two years of the latest grant. Please th'e completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7`s Sneet, N.W., Washington, D.C. 20531. For assistance in completing this form, please cal] (202) 307-0690 or TTY (202) 307-2027. Section A -Declaration Claiming Comnlete Exemption from the EEOP Requirement. Please check all [he boxes char aPP1Y ^ Recipient has less than 50 employees, ^ Recipient is an Indian tribe, ^ 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 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title _ - Signature Section B -Declaration Claiming Exemption from the EEOP Submission Reauirement and certifying that an EEOP is on file for review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): Award Amount: $39,389 Phone Number: (808)961-2254 Date I, Lawrence K. Mahuna [responsible officiaq, certify that the Hawaii Police Department [recipientJ, which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less that $500,000, has formulated an EEOP in accordance with 28 C.F.R §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 .r in the office of: Hawaii Police Department [organization], at 349 Kauiolani Street, Hilo, HI 96720 [address], for review by the public and employees or for review dr audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U.S. Department of J t' e, as req ' ed by relevant laws and regulations. Lawrence K. Mahuna, Police Chief Q~T ~ ~ ZO08 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 01/31/06 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I. Deparhnent of the Attorney General, Criminal Justice Division (hereinafter referred to as "grantee") certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awazeness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; 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 iri the performance ofthe grant be given a copy of the statement required by pazagraph (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 subpazagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CPJAD #16 06/02 (1)::_ taking. appropriate personnel. action against such an.employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: "" 349 Kauiolani Street ' Street Address Street Address Hilo Hawaii 96720 City, State, Zip Code City, State, Zip Code Hawaii County County SUBMIT _...., , Signatu ~..~~ Date: OCT 2 ~ 2408 Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD #16 .06/02 Instructions for Certification 1, By signing and submitting .thle proposal, the prospective lower tier participant is proJfding the certification set out below. 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lowertier participant knowingly rendered an erroneous certification, In addition to other remedies available to the Fedeal Government, the department or agency with which th[s trensaCtlon originated may pursue available remedies, Including suspension emd/or debarment. 3. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposalls suiunttted if at airy time the prospecttve tower tier participant teams that its certification was erroneous when submitted or has become eroneous by reason of changed circumstances. 4. The term "covered transaction,^ "debarred," "suspended," "tneggible," °lower. tier covered transaction," °parttcipant," "person," "primary covered ttanaaction," .,principal,'. °proposal," and. "voluntarily exc{uded,^ as used !n this clause, have the meanings set aut to the DaflntNona and Coverage sections of rules implementing Executive Order 12549. ' 5. The prospecttve lower tier participant agrees uy submitting this proposal that, ahoufd the proposed covered transaction be entered Into, it shall not knowingty enter into arty lower tier covered transaction with a person who is debarred, suspended, declared ineligible, orvotuntarity excluded tram participation In this covered transaction, unless authorized by the deparbnent or agency with which this'trensaction originated. 8. The prospecttve lower tier participant further agrees by submitting this proposal that it will Include the clause titled "Certification Regarding Debarment, Suspension, inelipibiltty end Voluntary Exclusion-Lower Tier Covered Trensactlofla,^ without . modtflcatton, In alt lower tier covered transactions and In all sotici;eflons for lower tier covered transactions. 7 `A'participant in a covered transaction may rely upon a certtflcation of a prospecttve participant to a lower tier covered transaction that It is not debarred, suspended; ineligible, or voluntarily excluded from the covered transaction, unless it knows that the cert(flcatton is erroneous, A participant may decide the method end frequency by which it determines the eiiglbtflty of its prtnclpals. Each participant may check the Pionprocurement LIsL 8. Nothing contained to the foregoing ahali be construed to require astabttshment of a system of records in orler to render in good faith the certiflcation required by this clause. The knowledge end Information of a participant re not required to exceed that which to normally possessed by a prudent person In the ordinary course of business dealings. - 9. Excep! for transactians authorized under paragraph 5 of these tnstructtons, if a participant In a covered transaction knowingty enters tmto a lower tier covered transaction with a pereon who Is suspended, debarred, Ineligible, or voluntary excluded from partlcipatton in this transaction, to `addition to other remedies aveliable to the Federal Govemment, the department or agency with which thta transaction originated may pursue avaliable remedies, including suspension and/or debarment. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PR06RAM3 OFFICE OF THE COMPTROLLER . Certification Regarding , Debarment, Suspension, Ineligtbiiity and Voluntary Exclusion Lower Tier Covered Transactions (Sub•Recipienf) This certification la required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 87; Section 87510, Participants' reaponsibilitiea.Thc regulations were published as Part VII of the May 28,1988 Federal Register (pages t9180~t92ft). (BEFORE COMPLETING CERTIflCATION, READ INSTRUCTIONS ON REYERSq (t) The prospective lower tier participant certifies, by submission of this propose!, that neither It nor its princlpats are presenty debarred, suspended, proposed for debarment, declared Ineligible, or voluntarl ly excluded from partlclpatiori in this trensactlon by any Federel department or agency. (2) Where the prospectve lower tier partleipant Is unable to certify to any of the statements in this certifF. Batton, such prospective participant shall attach an expianatton to this proposal. Lawrence K. tiahuna, Police OCT ~ 0 2008 Date Hawaii Police Department Name of Orgenlzatiom Address of Organization era FORM ~OBfH (REV. TR% Fmbw aeitbea u~ ebaeYU. _, _ T , z y DEPARTMENT OF THE ATTORNEY GENERAL , Crime Prevention and Justice Assistance Division) CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an offcer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit Standard Form # LLL, A Disclosure of Lobbying Activities, in accordance with its instructions. (3) Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the U:S. Department of Justice, Office of Justice Programs. ,, , : • .,. ,,:, (4) The undersigned shall require that the language of this certification be included in the awazd documents for all subawazds at all tiers and t brecipients shall certify and disclose accordingly. Hawaii Police Department ~ 349 Ka~iolani Street, Hilo, HI 96720 Name and Address of Organization Application No. Lawrence K. Mahuna, Police Chief Name of Authorized Individual Signature and date QCT ~ ~' 7..QOF Office on Violence Against Women Name of OJP Agency AG/CPJAD #22 Rev. 08/05 STOP VIOLENCE AGAINST WOMEN FORMULA GRANT PROGRAM CERTIFICATE OF COLLABORATION To be completed by~plicant agency: Applicant Agency: Hawaii County Police Department In satisfaction of the requirements under this grant program, this agency certifies that it has consulted with the local victim services program during the course of " ' developing this proposal in order to ensure that our proposed activities and/or equipment acquisitions aze designed to promote the safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking and dating violence. Please provide a brief description of the consultation with and/or collaborative relationship established between the applicant and the local victim services organization identified below: The objective of the Detective Standby Pay project is to ensure that a d'ete~tive is always available-to respond to serious incidents of sexual assault and domestic violence outside of traditional work hours. Other victim support services are available at all hours on a standby basis, _ and this Droiect allows for the detective to conduct the investigation during the critical first hours of the investigation and in conjunction with victim services provided by other agencie . October 03, 2008 Date Au or' Si tore of Applicant Agency To be completed by local victim services oreanization The individual sizninz this section may not be from the applicant a2encv. //~/- ~ / As a designated representative,of~ (ktit/P/`jn ~(T~~~~lG<25; a recognized local victim services organization, clarI~ ify brat above is an accurate description ofthe consultation with and/or collaborative relationship established between my agency and that applicant agency identified above. Name of Organization: Name & Title of Signing Authority: Signature: Date: . ,sllC / ~v~ ~ ~ 2~b8"