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HomeMy WebLinkAboutRES 022 Draft 02 2010-2012+ZV OF of, COUNTY OF HAWAII - :• STATE OF HAWAII OF RESOLUTION NO. 22 11 (DRAFT 2 ) 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 THE DOMESTIC VIOLENCE PROSECUTION GRANT PROGRAM WHEREAS, the Hawaii County Office of the Prosecuting Attorney has identified physical violence against adult women as a serious and increasing problem in Hawai'i County; and WHEREAS, a specialized unit within the Prosecutor's Office is responsible for the prosecution of all misdemeanor crimes of domestic violence; and WHEREAS, the State of Hawaii Department of the Attorney General's Crime Prevention & Justice Assistance Division has authorized funding to the Hawaii Office of the Prosecuting Attorney to sustain the deputy prosecuting attorney position in the specialized unit; and WHEREAS, the $43,822.00 Domestic Violence Prosecution Grant derived from Federal Funds for the OVW Recovery Act S.T.O.P. Violence Against Women Training Project, shall be used to fund training, and to develop and implement more effective police, court and prosecution polices, protocols, orders and services, specifically devoted to preventing, identifying and responding to violent crimes against women; and WHEREAS, Hawai'i 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, an agreement with the State of Hawaii Department of the Attorney General, to enable the County to perform training as described in the Office of the Prosecuting Attorney's application for the Recovery ACT S.T.O.P. Violence Against Women Grant, attached hereto and incorporated herein by reference as Exhibit "A". BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Office of the Prosecuting Attorney, and the Finance Department. Dated at Hilo , Hawai'i, this 20th day of January , 2011. COUNTY COUNCIL County of Hawai' i 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 7annarv_2n, 2011 ATTEST v4 -=— COUNTY CLERK CHAIRPERSON & PRESII INTRODUCED BY: COUNCIL MEMB R, COUNTY OF HAWAII 2 ROLL CALL VOTE Reference: C-37.2/FC-16 RESOLUTION NO. 22 11 (DRAFT 2 ) AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 0 Reference: C-37.2/FC-16 RESOLUTION NO. 22 11 (DRAFT 2 ) CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION DEPARTMENT OF THE ATTORNEY GENERAL 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR RECOVERYACT S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART I. TITLE PAGE A. PROJECT TITLE: Hawaii County VAWA Training Project B. APPLICANT AGENCY: Hawaii County Office of the Prosecuting Attorney C. ADDRESS: 655 Kilauea Avenue, Hilo, Hawaii 96720 D. PROJECT PERIOD: August 1, 2010 to March 31, 2011 Training law enforcement officers, judges, other court E. AUTHORIZED PROGRAM PURPOSE: personnel, and prosecutors F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 100% 43,822 Agency Match N/A N/A TOTAL 100% 43,822 G. PROJECT DIRECTOR Name: Charlene Iboshi Address: 655 Kilauea Avenue, Hilo, HI 96720 Title: First Deputy Prosecuting Attorney Telephone: (808) 961-0466 Fax: (808) 961-8908 E -Mail: Cyi96720@yahoo.com H. FINANCIAL OFFICER Name: Nancy Kelly Title: Business Manager Address: 655 Kilauea Avenue. Hilo. Hawaii 96720 Telephone: (808) 934-3315 Fax: (808) 934-3315 E -Mail: nkelly@co.hawaii.hi.us FOR CPJAD USE Date Received: Project Number: 09 -EF -09 EXHIBIT A AG/CPJAD #1-VAWA (rev 12/2009) PART II. PROGRAM DESCRIPTION A. THE PROBLEM Violent acts toward women continue to be difficult crimes to successfully prosecute and hold perpetrators accountable. Underreporting of domestic violence and sexual assaults is a persistent problem and victims suffer numerous long-term negative effects that can impact their families and the communities they live in. Hawaii County can combat crimes against women by raising professional, personal, and community awareness about this crime, making violence in any form unacceptable in all communities, being supportive of those who have been victimized, and having offenders take responsibility for their actions. Nationally, one of four women has experienced domestic violence in her lifetime. Women of all races, social, and economic status are equally vulnerable to violence by an intimate partner. Additionally, one in five female high school students reports being physically and/or sexually abused by a dating partner. 76 % of female homicide victims were stalked prior to their death. In Hawaii, one woman is murdered by her partner every 20-30 days. Murder is the ultimate act of violence, and Hawai'i County is not exempt from this crime. On December 30, 2009, a young mother of two was shot by her boyfriend who then shot himself. Nine days earlier, she had been granted a temporary restraining order against him. In May 2010, a mother of three was stabbed by her husband in Downtown Hilo. Dozens witnessed the brutal Memorial Day weekend attack and intervention by a few people stopped him, but not in time to save her life. Understanding the issues surrounding sexual assault and domestic violence can help to identify risk factors for lethal acts toward victims, children, third parties, and even the offenders. With the return of veterans from Iraq, there are additional questions about appropriate services and responses by the criminal justice system when domestic violence is perpetrated. Due to the state's economic situation, opportunities for training are very limited. However, the problem of violence against women is an ongoing concern. Addressing this problem by providing training on the Big Island for those who investigate, prosecute, judicially determine, or support victims and offenders will hopefully result in a collective effort to avoid not only further loss of life, but also offer safety to our community. B. GOALS AND OBJECTIVES The goal is to improve the criminal justice system's response to crimes of violence against women through improving the skills and knowledge base of law enforcement, judiciary, and others, and identifying areas for improvement in the current system. The objectives are: a) to increase stakeholders' knowledge in the area of violence against women, particularly to gain an awareness of and encourage appropriate responses to victims of sexual assault and domestic violence; b) to improve the system's response to victims by providing training on victim involvement in the criminal justice system and other relevant topics; c) to examine common beliefs and misperceptions about violent crimes against women; d) to assess the impact of the various training components on participants through an end -of -conference evaluation tool. C. PROJECT ACTIVITIES A multi -agency group will comprise the conference committee. Input from different sources for topics and structure can enhance energy and commitment to the overall success of the conference. Conference members will address the following activities: o Schedule pre -meetings to determine training topics and speakers, availability of national and local speakers and potential conference sites, finalize presenters and topics. o Prepare and mail conference registrations to invited participants. o Prepare conference agenda, handouts and evaluations. o Hold several training sessions in Hilo and Kona, including a separate session for judges and judiciary personnel within the contract period. TIMELINE August 2010: Meet twice with conference committee, obtain training topics and suggested presenters September 2010: Contact suggested presenters for interest and availability, obtain curriculum vitaes, contact potential workshop sites October 2010: Preliminary selection of presenters and site November 2010: Final selection of site and presenters December 2010: Determine topics, workshop schedule Save the Date announcement sent to potential participants January 2011: Workshop registrations mailed to participants, workshop materials obtained February 2011: Hold workshops in Hilo and Kona. March 2011: Submit final report and expenditures D. PROJECT ORGANIZATION AND MANAGEMENT The planning and implementing group consists of representatives from the Hawaii County Prosecutor's Office, Hawaii Police Department and the Third Circuit Judiciary. Fiscal responsibility will remain with the Hawaii County Prosecutor's Office. E. PERSONNEL No personnel will be employed for this project. F. BRIEF PERSONNEL BIOGRAPHIES Biographies of the guest speakers and presenters will become part of the project's documentation. G. PARTICIPATING AGENCIES The planning and coordination process for the training will include representatives and input from police, prosecutors and judiciary. Some workshop presenters will be from the various disciplines within the State of Hawaii. Training invitations will be extended to: the Judiciary, the Department of the Attorney General, the County Departments/Offices of the Prosecuting Attorney, the four county police departments, and Sexual Assault Forensic Examiners. Other agencies such as service providers may be included as the training plans develop. H. PERFORMANCE INDICATORS/OUTCOME MEASURES The outcome of these trainings/conferences will be that participants will understand: o the scope and dynamics of domestic violence and sexual assault; o the legal remedies for protection; and o interventions to protect the victims and prevent future violence. I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM We anticipate that the majority of attendees at this training will increase their skills and knowledge of issues unique to cases of violence against women. The hoped for outcomes include greater sensitivity toward victims as they go through the criminal justice system, a higher conviction rate, increased accountability for offenders, and improved community perception of the agencies involved. APPLICATION FOR FY 2009 OVW RECOVERY ACT STOP VAW FORMULA GRANT PART III. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A. Salaries and Wages Position Title No. of Positions Monthly rate Subtotal N/A $ $ Position Title No. of Positions Hourly Rate No. of Hours Subtotal $ $ Total Salaries and Wages 1 $0 B. Fringe Benefits Employee Benefits % Position Title No. of Positions Monthly Rate Subtotal N/A $ $ Position Title No. of Positions Hourly Rate No. of Hours Subtotal $ $ $ $ Total Fringe Benefits $0 C. Consultants/Contracts Scope of Consultant/Contract Estimated Cost Length of Consultant/ Contract Service Select as Appropriate Out-of-state Presenters (2) *Two 1 -day Trainings $450 x 2 5 days X Consultant ❑ Contract 4,500 Out-of-state Presenter (1) *I -day Judges Training $450 x 1 4 days X Consultant ❑ Contract 1,800 In-state Presenters (3) *Two 1 -day Trainings $450 x 3 3 days X Consultant ❑ Contract 4,050 Total Consultants $10,350 AG/CPJAD #1(b) (Rev 01/27/10) COST ELEMENT I AMOUNT D. Transportation and Subsistence Itemize for No. of mainland/interisland airfare, Travelers No. of ground transportation, rental as Days car, per diem Unit Cost applicable Subtotal Out-of-state Presenters (2) Airfare R/T $1,500 2 $3,000 Hotel — Hilo 121 2 2 484 — Kona 180 2 2 720 Per Diem (less Hotel) 40 2 5 400 Ground Transportation/Parking 150 2 300 4,904 Out-of-state Presenter (1) Airfare R/T $1,500 1 $1,500 Hotel — Waikoloa 180 1 2 360 Per Diem (less Hotel) 40 1 3 120 Ground Transportation/Parking 150 1 150 2,130 In-state Presenters (3) Airfare R/T $200 3 $600 Hotel — Hilo 121 3 1 363 — Kona 180 3 1 540 Per Diem (less Hotel) 40 3 2.5 300 Ground Transportation/Parking Transportation/Parking 50 3 150 1,953 Training Participants - Judges $.50 790 miles $395 395 Mileage (for 6 cars) Planning Meeting Mileage $.50 500 miles $250 Refreshments 8 5 people 4 meetings 160 410 Conference Coordinators Hotel — Kona $180 2 1 $360 — Waikoloa 180 2 1 360 Per Diem (less Hotel) 40 2 3 240 960 Total Transportation and Subsistence $10,752 E. Office Supplies Itemize supplies and related Cost by costs such as printing, paper, Unit binders, etc. Quantity Subtotal Participants Training Materials 200 $10 $2,000 2,000 $ $ Total Office Supplies 1 $2,000 AG/CPJAD #1(b) (Rev 01/27/10) F. Equipment Specify equipment that will be purchased, leased, or rented. Quantity Cost by Unit Subtotal Cost by Unit AudioNisual Equipment Rental and Set-up Fees 3 days $1,240 $3,720 3,720 $6,000 6,400 1,600 14,000 $ $ $500 Total Equipment $3,720 COST ELEMENT AMOUNT G. Other Costs Quantity Cost by Unit Subtotal Training Meals and Facilities Hilo Kona Waikoloa 100 people 80 people 20 people $60 80 80 $6,000 6,400 1,600 14,000 Per Diem for (2) Judges 2 x 3 days $500 $3,000 3,000 Total Other Costs $17,000 TOTAL PROJECT COSTS $43,822 AG/CPJAD #I(b) (Rev 01/27/10) BUDGET EXPLANATION: A. SALARIES AND WAGES: Not applicable B. FRINGE BENEFITS: Not applicable C. CONSULTANTS/CONTRACTS: $10,350 For three days of training: Session A: One day in Hilo with two mainland presenters and 3 in-state presenters. Session B: The training with the same presenters will be duplicated in Kona. Session C: One day for judges only in Waikoloa, which is the mid -point between East and West Hawai' i Courts. The federal rate for professional fees ($450/day) has been applied to: o Two mainland presenters for five days: one day prep, 2 days travel, and 2 days presentation for the Hilo/Kona training (Sessions A and B). o One mainland presenter for the judges' training for four days: one day prep, 2 days travel, and one day presentation (Session C). o Three in-state presenters for three days: one day prep and 2 days presentation (Sessions A and B). D. TRANSPORTATION AND SUBSISTENCE: $10,752 Out-of-state Presenters (2): $4,904 o Round trip coach airfare is estimated at $1,500 per person. o Hotel cost is based on the federal per diem rate (see attached) for two nights at each site to accommodate flight schedules. o Per diem is calculated at $90 per 24 hour period. Hotel allowance of $50 per day is deducted from per diem; however, since actual per diem is figured from time of departure until time of return, the estimated per diem amount will probably change. o Ground transportation/parking is estimated for airport parking, taxi or shuttle to workshop site, possible transportation costs from home to airport and back. Out-of-state Presenter (1): $2,130 o Round trip coach airfare is estimated at $1,500. o Hotel cost is based on the federal per diem rate (see attached) for two nights to accommodate flight schedules. o Per diem is calculated at $90 per 24 hour period. Hotel allowance of $50 per day is deducted from per diem; however, since actual per diem is figured from time of departure until time of return, the estimated per diem amount will probably change. AG/CPJAD #1(b) (Rev 01/27/10) Page 1 o Ground transportation/parking is estimated for airport parking, taxi or shuttle to workshop site, possible transportation costs from home to airport and back. In-state Presenters (3): $1,953 o Round trip coach airfare is estimated at $200 per person o Hotel cost is based on the federal per diem rate (see attached) for one night at each site. Presenters would arrive the day before the workshop and leave after day two of the training. o Per diem is calculated at $90 per 24 hour period. Hotel allowance of $50 per day is deducted from per diem, however, since actual per diem is figured from time of departure until time of return, the estimated per diem will probably change. Per diem would be provided from the day before the first day of the workshop and end in the evening of the second day. o Ground transportation/parking is estimated for airport parking (2.5 days), taxi or shuttle to workshop site. Training Participants: $395 o Mileage at .50 per mile for judges to attend Session C in Waikoloa. Estimated for 150 miles round trip from Hilo or Kona (5 cars), 40 miles round trip from Waimea (1 car), total of 6 cars, total mileage 790 miles (150 x 5 + 40 x 1 = 790). Planning Meetings: $410 o Mileage for committee members to attend planning meetings and visit potential workshop sites: .50/mile x 500 miles. o Refreshments @ $8 per person x 5 people x 4 meetings. Conference Coordinators: $960 o Per diem and hotel costs for conference coordinators to meet with site staff the day before each session and to take care of logistics and arrangements during the workshop sessions. o Hotel cost is based on federal per diem rate (see attached), for Kona and Waikoloa sessions. o Per diem per person is calculated at $90 per 24 hour period, less hotel costs, 1.5 days for Kona and 1.5 days for Waikoloa. Actual per diem is based on time of departure until time of return so this estimated amount will probably change. E. OFFICE SUPPLIES: $2,000 o Participants' training materials are estimated at $10 per participant x total of 200 participants. This would cover cost of folders, paper, pens, nametags and other related workshop materials. F. EQUIPMENT: $3,720 Audio/visual equipment rental and room set-up fees estimated at $1,240 per day x 3 days. AG/CPJAD #1(b) (Rev 01/27/10) Page 2 G. OTHER COSTS: $17,000 Training Facilities and Meals: $14,000 To cover cost of training rooms, meals and refreshments for participants: Session A (Hilo): 100 people x $60 per person Session B (Kona): 80 people x $80 per person Session C (Waikoloa): 20 people x $80 per person. Per Diem Judge rates: $3,000 Cost for per diem judges to cover essential courtrooms while judges are unavailable (due to attendance at training) is $500 per judge. There are two per diem judges in the Third Circuit. We expect that one would need to be in Hilo and one in Kona. AG/CPJAD #1(b) (Rev 01/27/10) Page 3 PART IV. ATTACHMENTS DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON -SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY: Signature: Date:/ C' Name: Jay T. Lura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD #3 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF VAWA SPECIAL CONDITIONS (for ARRA Government Agency Contracts) The undersigned Grantee understands and agrees, on behalf of its agency that: 1. A progress report shall be submitted to the CPJAD every six (6) months during the project period. The report is due within thirty (30) days following the end of each six month period and at the end of the project. The initial reporting period starts on the project's start date. 2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1 unless mandated earlier by CPJAD. SUBMITTED BY: Signature: L Date: � -r/ 1 Name: Jay . Kimura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD #14 (VAWA-RecoveryGovernment) 05/2010 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED BY: Signature: / et '/. Date: Name: Jay T. Kimura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD # 14A (8/96) DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIMINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of: • 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 seg) • 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 sec .) • 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 sec .) • 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 28 C.F.R. Pt. 54) • 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 sec..) • 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. SUBMITTED BY: Z � Signature: i uL ``- _ Date: g�Z Name: Ja' . Kimura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD #15 3/10 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division INSTRUCTIONS CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (AG/CPJAD #16) By signing and/or submitting this application or grant agreement, the grantee, is providing the certification set out on the form entitled Crime Prevention and Justice Assistance Division, Department of the Attorney General, Certification Regarding Drug -Free Workplace Requirements (hereinafter referred to as the AG/CPJAD Form #16). 2. The certification set out on AG/CPJAD Form # 16 is a material representation of fact upon which reliance will placed when the Department of the Attorney General, State of Hawaii (hereinafter referred to as "grantor") determines to subgrant federal funds to the grantee. Pursuant to the contract which grantor will offer grantee in the event a subgrant is awarded to grantee, false certification or violation of the conditions set forth in the certification shall be grounds for suspension of payments, or suspension or termination of the subgrant. Such false certification of violation of the conditions contained in the certification shall subject the State of Hawaii to governmentwide suspension or debarment, which shall, in turn, result in the withdrawal of funds from the grantee and/or the unavailability of future funding for the grantee. AG/CPJAD # 16 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I. The Office of the Prosecuting Attorney, County of Hawaii (hereinafter referred to as "grantee") certifies that it will provide a drug-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 a drug-free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction; (e) notifying the Department of the Attorney General, State of Hawaii, within ten (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: AG/CPJAD #16 06/02 (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 a drug-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: 655 Kilauea Avenue Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Code City, State, Zip Code Hawaii County County SUBMITTED BY: Signature: / Date: Ll �y Name: Jay . Kimura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD # 16 06/02 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division ACCEPTANCE OF VAWA RECOVERY ACT SPECIAL CONDITIONS The undersigned Grantee understands and agrees, on behalf of its agency that: 1. Access to Records; Interviews (a) U.S. Department of Justice (DOJ) including the Office of Justice Programs (OJP) and the Office of the Inspector General (OIG), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. (b) DOJ and the GAO are authorized to interview any officer or employee of the Grantee (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 2. Separate Tracking and Reporting of Recovery Act Funds and Outcomes (a) Grantee agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non - Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting system must ensure that funds from this Recovery Act award are not commingled with funds from any other source. (b) Grantee further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award -related activities. Subawards / Contracts — Monitoring (a) Grantee is responsible for monitoring subawards and subcontracts under this Recovery Act award in accordance with all applicable statutes, regulations, Office of Management and Budget (OMB) circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward/subcontract. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The Grantee agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards/subcontracts under this award. AG/CPJAD #26A VAWA-Recovery 01/10 4. Transactions Listed in Schedule of Expenditures of Federal Awards - (a) Grantee shall maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) Grantee agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF - SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. Recovery Act Reporting and Registration Requirements (a) Grantee shall complete projects or activities which are funded under the Recovery Act and shall submit progress reports under Section 1512 of the Recovery Act on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) Grantee shall report the information described in section 1512(c) as applicable, using the reporting instructions and data elements that will be provided by CPJAD. (c) The progress reports are to cover activities that the Grantee has completed whether funded in whole or in part by the Recovery Act. The Recovery Act reporting periods and due dates are: ■ July 1 - September 30 Due: October 5 ■ Octoberl -December 31 Due: January 5 ■ January 1 - March 30 Due: April 5 ■ April 1 -June 30 Due: July 5 (d) Grantee shall maintain current registration in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering AG/CPJAD #26A VAWA-Recovery 01/10 2 System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct Grantee shall promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 E-mail: of .hotline _,usdoi.gov Hotline: (contact information in English and Spanish): (800) 869-4499, or Hotline fax: (202) 616-9881. Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 7. Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section 1553) Grantee recognizes that the Recovery Act provides certain protections against reprisals for employees of non -Federal employers who disclose information reasonably believed to be evidence of gross mismanagement, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.oip.usdoi.gov/recovery. 8. Misuse of Award Funds Grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 9. Additional Requirements and Guidance Grantee shall comply with any modifications or additional requirements that may be AG/CPJAD #26A VAWA-Recovery 01/10 imposed by law and future OJP (including government -wide) and Hawaii Department of the Attorney General guidance and clarifications of Recovery Act requirements. 10. Delinquent Reports (a) Grantee shall comply with all reporting requirements. Failure to comply with the reporting requirements may, in addition to other penalties, subject the recipient to the following: (i) After failure to report complete data by the due date stated in sections 5.c. for two consecutive reporting periods, the Grantee may be precluded from drawing down funds until such time as the Grantee becomes current in its reporting obligations. (ii) After failure to report complete data by the due date stated in sections 5.c. for three consecutive reporting periods, the Administrator of the Crime Prevention and Justice Assistance Division may terminate the Grantee's contract for cause. Upon written letter of termination, the Grantee must return any unexpended award funds within 15 calendar days of the date of the letter of termination. 11. Funds Subcontracted to Faith Based Organizations Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. SUBMITTED BY: Signature: Date: SS/q /Ir1 Name: Jay . Kimura Title: Prosecuting Attorney Agency: Office of the Prosecuting Attorney, County of Hawaii AG/CPJAD #26A VAWA-Recovery 01/10 4 CERTIFICATION FOR_ Recipient Name and Address: Office of the Prosecuting Attorney, County of Hnwaii 655 Kilauea Avenue, Hilo, Hawaii 96720 Grant Title: Hawaii County VAWA Training Grant Number. 09—EF-09 Award Amount:_ 43 822.00 Contact Person Name and Title: Charlene Iboshi Phone Number. (808) . 961=0466 First Deputy Prosecuting Attorney 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 prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. *Other recipients, according to the regulations, must prepare, 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, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7a Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A Declaration Claiming Complete Exemption from the EEOP Requirement Please check au the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-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 Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP. for review as long as it certifies the following (42 C.F.R. § 42.305): 6 I, � } G ( K i ��2Li � [responsible official], certify that the C Ll G d'1& I V -V 5. [recipient]whichhas 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: 4U (-IUMZ4 C &t RMOUU-WAV A44Torganization], at CUT (Y (41 [address], or review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Ki VVItli Print or type Name and Title - i igna ure- Date OM$ Approval No. 1121-0140 Expiration Dau: 01/31/06 U.S. DEPARTMENT OF JUSTICE 0 OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification Is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 87; section 67.51% Participants' responsibilities. The regulations were published as Part VII of the May 2S, 1988 Federal Register (pages 1918019211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntadly excluded from participation In this transaction by any Federal department or agency. (2) Where the prospective lower Her participant Is unable to certify to any of the statements in this certifI-. cation, such prospective participant shall attach an explanation to this proposal. Jay T. Kimura, Prosecuting.Attorney Name and Title of Authorized Representative '-/rf //V TI Date Office of the Prosecuting Attorney, County of Hawaii Name of Organization 655 Kilauea Avenue, Hilo, Hawaii 96720 Address of Organization Q1P FORM 406111 (REV. 21x9) Pnrbus aditlons an oWolHs. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant Is providing the certification set out below. 2 The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, 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 and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "Suspended," "ineligible," 'lower. tier covered transactlon," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used to this clause, have the meanings set out In the Deflnitlons and Coverage sections of rules implementing Executive Order =49. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transactTon originated. & 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. 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. & 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 We 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 addltlon to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division STOP VIOLENCE AGAINST WOMEN FORMULA GRANT PROGRAM CERTIFICATE OF COLLABORATION To be completed by applicant agency: Applicant Agency: Hawaii County Office of the Prosecuting Attorney 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 are 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: Sexual Assault Nurse Examiners provide timely medical response and evidence collection to sexual assault victims and collaborates with the Hawaii County Sexual Assault ResnonseTeam. 7/28/10 Date Authorizeoignature of Applicant Agency To be completed by local victim services organization. The individual si ninz this section may not be from the applicant agency. Sex Assault Nurse Examiners As a designated representative of Hawaii Police Department , a recognized local victim services organization, I clarify that the above is an accurate description of the consultation with and/or collaborative relationship established between my agency and that applicant agency identified above. Name of Organization: Hawaii Police Department Name & Title of Signing Authority: Harry S. Kuboj iri, Police Chief Signature: Date: U JUL AG/CPJAD 324 7/2008 2958261 Memorandum of Understanding I FY 2011 Section 3.02 Conflict Resolution If any disagreements regarding either performance or payment for services arise, the following procedure will be implemented. Step 1: The disgruntled party will put her/his concerns in writing and submit the written document to the TFQAC. Step 2: The TFQAC will schedule a meeting time and place, to take place within ten (10) working days, for both parties to discuss the concerns. Step 3: If the concern is not resolved, the matter will be taken to the HSCADV Executive Director, who will set up a meeting, for both parties to discuss their concerns, to take place within ten (10) working days. Step 4: If the concern is still not resolved, and at the written request to the Executive Director of HSCADV, the two co-chairs of the Oversight Body shall meet with all parties concerned, within ten (10) days, and recommend a resolution. This decision will be binding. Section 3.03. Termination of MOU This MOU may be terminated upon the occurrence of the following: A. The mutual agreement in writing of the parties to terminate this MOU; B. HSCADV informing the service provider in writing that it wishes to terminate this MOU. HSCADV shall not owe the service provider anything further under the MOU, incurred after the date of termination. The service provider may retain any fees paid to the service provider by HSCADV prior to termination of this agreement; C. The death, permanent disability, or the insolvency of the service provider. HSCADV shall not owe the service provider/the service provider's estate anything further under the MOUincurred after the date of termination. The service provider may retain any fees paid to the service provider by HSCADV prior to termination of this agreement; D. The expiration of the term of this MOU and any extensions thereof. 5 1 J Y F revision 6/29/10 Memorandum of Understanding I FY 2011 Approval The Hawaii State Coalition Against Domestic Violence and Hawaii County Office of the Prosecuting Attorney have reviewed this MOU and agree to the roles and responsibilities stated above. Carol C. Lee, Executive Director Hawaii State Coalition Against Domestic Violence 2 ( 14•1 10 Date Approval Recommended: 0940 �., — JatA. Kimura Prosecuting Attorney JYF revision 6/29/10 By: William P. Kenoi, Mayor County of Hawaii Date Approved as to form and legality: Lincoln S. Ashida Corporation Counsel 1Vlemorandum of Understanding I FY 2011 The Hawaii State Coalition Against Domestic Violence (HSCADV) enters into this Memorandum of Understanding (MOU) with Hawaii County Office of the Prosecuting Attorney as a collaborative partner. In response to the five-year domestic violence strategic plan, "Navigating a Course for Peace, 2007-2012" (the plan), HSCADV entered into an agreement with the Hawaii State Department of Health (DOH) to provide oversight and leadership in the implementation of the strategic plan. HSCADV oversaw the creation of an Oversight Body, to ensure that the plan gets implemented, and Domestic Violence Task Forces in each county, to address domestic violence intervention and prevention, as established by the plan. For fiscal year 2011, DOH will provide funding for HSCADV to support the coordination of the Oversight Body and Task Forces, as well as overall implementation, management, and monitoring for compliance with the Strategic Plan. Section 1.01. Project Term. The service provider shall complete the project within the period of twelve (12) months or earlier, commencing on July 1, 2010. Section 1.02. Compensation. HSCADV will pay the service provider $50,000.00, on a reimbursement basis, in accordance with approved expenditure reports, following receipt of funding from DOH. Section 2.01 HSCADV agrees to provide: 1. Project Management a. Provide logistical arrangements and facilitation and keep meeting notes for the Oversight Body. b. Hire a Task Force Quality Assurance Consultant (TFQAC) to oversee and coordinate the work of the County Task Force Coordinators for the purpose of implementation of the Statewide Strategic Plan. i. Oversee County Task Force project implementation. ii. Obtain signed MOUS for six Task Forces: Oahu, Kauai, Big Island, Maui, Molokai, and Lanai; which include support for the West Maui, Hana, and Kona Subcommittees. iii. Establish and maintain effective communication with the community based Domestic Violence Task Forces statewide. 2. Fiscal Monitorinq a. Prepare and submit to DOH an annual budget for all Task Forces and HSCADV projected expenditures. TFQAC will: i. Provide guidance for Task Forces in the development of their annual budgets and completing expenditure reports. JYF revision 6/29/10 Memorandum of Understanding I FY 2011 ii. Prepare and submit to the HSCADV Administrative Manager an annual budget and quarterly financial reports for all Task Forces. iii. Monitor Task Force budgets and expenditure reports. b. Prepare and submit quarterly financial reports, and documentation as needed, for all expenditures to DOH. 3. TFQAC Technical Assistance and Training for the Task Forces a. Provide guidance in developing and implementing annual work plans directed at meeting the Strategic Plan Performance Measures; which include substantiating data, measurable objectives and benchmarks, and strategies for measuring progress and change. b. Provide Technical Assistance and Training as determined by community need and quality assurance reviews to ensure implementation of the approved work plan. c. Organize, coordinate, and facilitate statewide meetings and training events, including co -coordinating one statewide Task Force meeting with the Judiciary. 4. TFQAC Reporting and Review for the Task Forces a. Review Task Force work plans, quarterly progress reports on Plan Performance Measures, and report quarterly to Oversight Body. b. Prepare and submit quarterly program evaluation and project reports to HSCADV, including charting Plan Performance Measures, and providing documentation as required. c. Maintain Task Force records; copies of plans, meeting minutes, reports, budgets, etc., for all Task Forces. d. Act as liaison between the Task Forces and the Oversight Body for the Strategic Plan, including helping to prepare the agendas, attending quarterly meetings, and making reports. e. Participate with DOH in the annual review of all Task Forces. Section 2.02 Task Force Coordination: I. Task Force Management a. Actively recruit and encourage diverse membership on an ongoing basis from across all disciplines and sectors including, but not limited to: i. the criminal justice system (police, prosecution, Victim Witness, and probation) courts/Judiciary, ii. victim advocacy, shelter providers, and survivors, iii. batterers intervention programs, iv. legal programs, 21 JYF revision 6/29/10 Memorandum of Understanding I FY 2011 v. health and social service; healthcare providers/DOH, mental health organizations, child welfare services/DHS, substance abuse treatment, sexual assault programs, homeless programs/Public Housing, and civic groups, vi. religious institutions and faith communities, vii. universities and schools/public and private schools, viii. business community, ix. the military, and x, others, as appropriate to the community. Participants must be reflective of community data related to domestic violence. Task Forces must demonstrate that there is inclusion by those populations being addressed as "priority" and reflected by incidence/ prevalence data. b. Hold Task Force meetings as specified in the approved work plan, keep meeting minutes, and submit the minutes to TFQAC with quarterly reports. i. Reports are due to the TFQAC on the tenth calendar day of the month following the end of the quarter, or the next working day, if the tenth day falls on a weekend or holiday: 10/ 11 / 10, 1 / 10/ 11, and 4/11 /11. ii. The final report is due on the last day of the quarter 6/30/11 (to ensure that the Task Force Coordinator is available to complete the report). c. Develop and implement an effective communication system with Task Force members and share information from TFQAC, the Oversight Body, and DOH with Task Force members. 2. Develop and Implement Annual Work plan a. Select at least one Plan Performance Measure of the Strategic Plan. When selecting the targeted strategy, the Task Force must demonstrate what data was used to make their decision. b. Develop an overarching work plan, using the HSCADV Work plan template, (training will be provided) for the selected Plan Performance Measure which identifies the goals, benchmarks, and measurable outcomes for the fiscal year, for each Task Force. Task Forces have the option to select other objectives and outcomes to build capacity in their specific communities with approval by HSCADV and DOH. Work plans must be culturally appropriate and based on community data related to sexual assault and domestic violence. Each work plan must also address the social determinants that impact the desired positive outcomes. c. Submit the work plan with the first quarterly report, to be reviewed and approved by HSCADV and DOH. 31 JYF revision 6/29/10 Memorandum of Understanding I FY 2011 3. Technical Assistance and Traininq a. Based on the work plan, identify initial technical assistance and training needs and submit a list with the first quarterly report to TFQAC. Seek training and technical assistance from the TFQAC as needed. b. Participate in statewide Task Force meetings, including making the logistical arrangements (airline reservations, ground transportation, hotel reservations, parking arrangements, etc.) for Task Force members, advance financing to Task Force members as needed, and request reimbursement as available. This includes but is not necessarily limited to: i. One day of training and technical assistance on Oahu (9/2/10) ii. HSCADV Annual Meeting and Conference on Oahu (9/3/10) iii. Oversight Body meeting 9/14/10 (all Coordinators) iv. Quarterly Oversight Body meetings (Coordinators alternate throughout the year) v. Statewide Task Force meetings 4. Fiscal and Program Reporting a. Prepare an annual budget and submit it to TFQAC, which includes funding for staffing (unless that expense is covered by another funding source) and funding for the above meetings b. Submit quarterly expenditure reports to HSCADV c. Submit quarterly progress reports of the work plan benchmarks and objectives in the format prescribed by HSCADV and provided by TFQAC. Section 2.03. Other Parties. Nothing in this Agreement shall be construed as giving any person, firm, corporation or other entity, other than the parties hereto, any right, remedy or claim under or in respect of this MOU or any provision hereof. This MOU cannot be transferred to another without the expressed approval of HSCADV. Section 3: Other Terms and Conditions Section 3.01 Amendments This MOU may be amended upon mutual agreement of the parties. Any such amendment shall not be valid unless in writing and signed and dated by parties hereto. 41 JYF revision 6/29/10