HomeMy WebLinkAboutRES 258 Draft 01 2012-2014 •
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•COUNTY OF HAWAII :• /':• STATE OF HAWAII
RESOLUTION NO. 258
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 SAFE STANDBY PAY GRANT TO
THE HAWAII COUNTY POLICE DEPARTMENT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime
Prevention and Justice Assistance Division has authorized funding to the Hawaii
County Police Department for their SAFE Standby Pay program; and
WHEREAS, the goal of this program is to improve Hawaii County's response to
violent sex crimes against women through medical and forensic services; 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, an agreement, attached hereto
and incorporated herein by reference as "Exhibit A", and related documents with the State
of Hawaii Department of the Attorney General, to enable the County to receive funding
for the SAFE Standby Pay program.
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 Finance Department,
and the Hawaii County Police Department.
Dated at Hilo , Hawai'i, this 8th day of January , 2014.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the
KANUHA X
County of Hawaii on January 8, 2014
KERN X
ONISHI X
ATTEST: POINDEXTER X
31-(:"
WILLS X
YOSHIMOTO X
6 0 3 0
1 � Reference: C-575/Waived FC
COUNTY CLERK CHAT' 'ERSON&PRESIDING OFFICER RESOLUTION NO. 258 14
Exhibit "A"
Project Number 12-WF-05
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of September 1, 2013 ,
by and between the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency, " by and through the Attorney
General, and the Hawai' i Police Department, County of Hawai' i ,
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 :
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(1) training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify and
respond to violent crimes against women, including the
crimes of sexual assault, domestic violence, and dating
violence;
(2) developing, training, or expanding units of law enforcement
officers, judges, other court personnel, and prosecutors
specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic
violence;
(3) developing and implementing more effective police, court,
and prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women, including the
crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and
communications systems, including computerized systems,
linking police, prosecutors, and courts or for purpose of
identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
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dating violence programs; developing or improving delivery
of victim services to underserved populations; providing
specialized domestic violence court advocates in courts
where a significant number of protection orders are
granted; and increasing reporting and reducing attrition
rates for cases involving violent crimes against women,
including crimes of sexual assault, domestic violence, and
dating violence;
(6) developing, enlarging and strengthening programs addressing
stalking;
(7) developing, enlarging and strengthening programs that
address the needs and circumstances of Indian tribes
dealing with violent crimes against women, including the
crimes of sexual assault and domestic violence;
(8) supporting formal and informal statewide, multidisciplinary
efforts, to the extent not supported by state funds, to
coordinate the response of state law enforcement agencies,
prosecutors, courts, victim service agencies, and other
state agencies and departments to violent crimes against
women, including the crimes of sexual assault, domestic
violence and dating violence;
(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
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analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
(10) developing, enlarging or strengthening programs to assist
law enforcement, prosecutors, courts, and others to address
the needs and circumstances of older and disabled women who
are victims of sexual assault or domestic violence,
including recognizing, investigating, and prosecuting
instances of such assault or violence and targeting
outreach and support, counseling, and other victim services
to such older and disabled individuals; and
(11) providing assistance to victims of sexual assault and
domestic violence in immigration matters .
(12) Maintaining core victim services and criminal justice
initiatives, while supporting complementary new 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 violence, sexual assault, or
stalking and may undertake the following activities -
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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) ; and
o Taking other appropriate action to assist or secure the
safety of the person seeking enforcement of a protection
order; and
(14) 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 -
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
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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;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its implementing
regulations contained in the STOP Violence Against Women Formula
Grant Program Guidance, and 28 C. F. R. Chapter 1, Part 66, and
has applied to Agency for receipt of the same as a subgrantee;
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WHEREAS, Agency has reviewed Grantee ' s application for
funds, and is satisfied that all of the requirements of the Act
and its implementing regulations have been satisfied and that
Grantee is capable of using the federal funds requested
appropriately;
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the required services,
programs and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as
follows :
A. SCOPE OF SERVICES .
Grantee shall, in a proper and satisfactory manner, as
determined by Agency, and in accordance with the terms and
conditions of this Contract, use the funds received under this
Contract for the purposes stated herein and in accordance with
the "Application For Grant" (Parts I through IV including all
certifications required under Section C) and the Acceptance of
VAWA Special Conditions attached hereto as Exhibit "A" and by
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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 ' financial manual entitled "Financial
Guide. "
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from September 1, 2013 to and including June 30, 2014
unless this Contract is sooner terminated as hereinafter
provided or unless this Contract is extended in accordance with
Section L of this Contract .
C. PERFORMANCE REQUIREMENTS AND CONDITIONS .
1 . Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to guidance issued by the
Office on Violence Against Women, 28 C. F. R. Chapter 1, Part 66,
Uniform Administrative Requirements for Grants and Cooperative
"Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
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Office of Justice Programs ' financial manual entitled "Financial
Guide . "
2 . Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
and local government which in any way affect its performance
under this Contract .
3 . 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 .
4 . Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Drug-Free Workplace
Requirements which meets the requirements of the Drug-Free
Workplace Act of 1988 (Pub . L. 100-690, Title V, Subtitle D,
U. S . C. , Title 41, Chapter 10, §702) , hereinafter referred to as
the "Drug-Free Workplace Certification. " A copy of the Drug-
Free Workplace Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the
representations made in the Drug-Free Workplace Certification
are true at the time this Contract is executed and will remain
true throughout the entire term of this Contract and any
extensions, and that Grantee shall fulfill all the requirements
set forth therein. Grantee ' s execution and submission of a
false Drug-Free Workplace Certification, or Grantee ' s violation
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of any or all of the requirements set forth therein shall
entitle Agency to suspend one or more payments under this
Contract, and/or terminate this Contract pursuant to the
provisions of Section N of this Contract. Grantee warrants that
it is aware that such false certification or violation of the
requirements contained in the Drug-Free Workplace Certification
shall subject the State of Hawaii to government-wide suspension
or debarment, or other sanctions which, in turn, shall result in
the withdrawal of funds from Grantee and/or the unavailability
of future funding for Grantee .
5 . Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification. " A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
6 . Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification of Non-Supplanting, hereinafter referred
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to as the "Non-Supplanting Certification. " A copy of the Non-
Supplanting Certification shall be included in Part IV of the
Application for Grant . Grantee covenants that the
representations made in the Non-Supplanting 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.
7 . Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Lobbying, hereinafter referred to as the "Lobbying
Certification, " and any subsequent disclosure forms required
under Section 1352, Title 31 U. S . C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions, and that Grantee shall fulfill any
and all terms and conditions set forth therein.
8 . Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968 which prohibits discrimination in
employment and in the delivery of services or benefits on the
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basis of race, color, national origin, religion, or sex; Title
VI of the Civil Rights Act of 1964 which prohibits
discrimination in the delivery of services or benefits on the
basis of race, color, or 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
educational programs; the Age Discrimination Act of 1975 which
prohibits discrimination in the delivery of services or benefits
on the basis of age; the Department of Justice regulations
implementing the above-referenced statutes at 28 C. F. R. Part 42,
subpts . C, D, G, and I, 28 C. F. R. Part 35, and 28 C. F. R. Part
54 ; Exec. Order No. 13279, 28 C. F. R. Part 38 (equal protection
of the laws for faith-based and community organizations) ; Exec.
Order No. 13166 and U. S . Department of Justice, Guidance to
Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons; the Hawaii State Fair
Employment Practices Act, Chapter 378, Hawaii Revised Statutes;
and all other applicable federal and state laws, rules and
regulations .
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9 . Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program in
accordance with 28 C. F. R. §§ 42 . 301 et seq . it will submit a
certification to Agency that a current program is on file.
10. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately and
properly reflect all direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract . Grantee shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits at all reasonable times by Agency or the
United States Department of Justice . In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Office on Violence Against Women may
require. Grantee shall submit quarterly financial reports
fifteen (15) calendar days after the end of each calendar
quarter. Grantee shall submit monthly request for funds and
cash balance reports fifteen (15) calendar days after the end of
each month. The final fiscal reports must be received by Agency
within sixty (60) days after the date this Contract terminates
or unless mandated earlier by Agency. Records and financial
accounts shall be retained by the Grantee and shall be
accessible to Agency and the United States Department of Justice
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for at least three years after Agency' s grant with the Office on
Violence Against Women is closed.
11 . The final drawdown for funds must be
received by Agency within thirty (30) days after the date this
Contract terminates .
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.
13 . Grantee shall submit progress reports as
required for the Act funds to Agency as stipulated under Part
IV. Attachments, Acceptance of VAWA Special Conditions .
14 . 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. Grantee shall submit a
certification to Agency within thirty (30) days after the date
this Contract terminates . If a certification is not provided by
Grantee, title to any personal property purchased or acquired
with funds received under this Contract shall vest in Agency and
such personal property shall be delivered to the Agency in good
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working order upon expiration or sooner termination of this
Contract .
15. Grantee shall ensure that seventeen thousand
four hundred fifty-one and 0/100 dollars ($17, 451 . 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.
D. PERSONNEL.
1 . Grantee shall secure at its own expense all
personnel required to perform the services required under this
Contract . All such personnel shall not be considered employees
of, or have any contractual relationship with the State of
Hawaii unless Grantee is otherwise an agency of the State.
2 . Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
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E. SUBCONTRACTS .
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the period of
each subcontract shall not exceed the term of this contract, and
funds to the private organization will not be released unless
and until the requirements set forth in applicable state law and
implementing rules are complied with by the subcontractor. All
subcontracts shall include provisions to ensure that Grantee is
capable of satisfying the requirements of this Contract . All
subcontracts shall be reduced to writing and shall include all
provisions of this Contract required of Grantee.
F. SERVICES AS INDEPENDENT CONTRACTOR.
1 . In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency' s opinion, the work is being
performed by Grantee in accordance with the provisions of this
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Contract . All persons hired or used by Grantee shall be
Grantee ' s agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees .
Furthermore, Grantee intentionally, voluntarily, and knowingly
assumes the sole and entire liability if such liability is
determined to exist, to its agents and employees or to third
persons, for all loss, cost, damage or injury caused by
Grantee ' s agents and employees in the course of their
employment . The performance of work under this Contract alone
shall not be construed as employment with the State of Hawaii
and shall not entitle Grantee ' s agents and employees to
vacation, sick leave, retirement, or other benefits directly
afforded state employees by statutes . Grantee shall be
responsible for payment of all applicable federal, state, and
county fees which may become due and owing by the Grantee by
reason of the Contract, including but not limited to (i) income
taxes, (ii) employment related fees, assessments and taxes and
(iii) general excise taxes . The Grantee also is responsible for
obtaining all licenses, permits and certificates that may be
required in order to perform this Contract .
2 . This section shall not be enforced if
Grantee is an agency of the State of Hawaii .
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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 fifty-two
thousand three hundred fifty-three and 00/100 dollars
($52, 353 . 00) to be spent for the purposes of this Contract .
This sum represents any and all compensation to be paid to
Grantee for any and all services it provides, and for any and
all travel costs, materials, supplies, equipment, overhead,
taxes, and other incidentals and operating expenses which it
incurs or may incur in connection with this Contract .
2 . It is covenanted and agreed by and between
the parties hereto that, as to the portion of the obligation
under this Contract to be payable out of federal funds, this
Contract shall be construed to be an agreement to pay such
portion to the Grantee only out of federal funds to be received
from the federal government when the federal funds are so
received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than those
which are received from the federal government.
H. METHOD OF PAYMENT.
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1 . All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes .
2 . Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions :
a. Payments shall be made monthly upon
receipt of Grantee ' s completed request for funds .
b. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised
Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of
Hawaii .
c. If an amount of reported expenditures
is preliminarily determined by Agency to be inappropriate and
unallowable, Agency may deduct an equivalent amount from the
next payable installment and may withhold payment of the amount
of the moneys equivalent to the questioned expenditures until
later resolution of the discrepancy by audit or other means .
If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
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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 therefor, arising out
of or resulting from the acts or omissions of Grantee, its
officers, employees, agents, or subcontractors occurring during
or in connection with the performance of Grantee ' s services
under this Contract, or arising out of or resulting from breach
of this Contract by Grantee . Grantee shall defend the State of
Hawaii, Agency, and their officers, agents, and employees
against any such action or claim unless the action or claim
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involves an act or omission solely of Agency, its officers,
agents, or employees .
2 . This section shall not be enforced if
Grantee is an agency of the State of Hawaii .
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by
Grantee under this Contract which is identified as proprietary
or confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not
be made available to any individual or organization other than
any subcontractor to which the material may relate, without
prior written approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure of funds for the collection of identifiable
research/statistical data . All information, data, or other
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law. Grantee shall
comply with the requirements of Chapters 487J, 487N and 487R,
Hawaii Revised Statutes as applicable.
K. COPYRIGHT AND PATENT.
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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 .
Any modification, alteration, amendment, or
change to this Contract other than to the "Application For
Grant" (attached hereto as part of Exhibit "A" ) or to the period
during which this Contract is in effect in Section B, including
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted by this Contract shall be
made by written supplemental agreement to this Contract and
executed by Grantee and the Attorney General or the Attorney
General ' s designee . Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
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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 .
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
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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 timely, reasonable, and necessary action to protect and
preserve property in the possession of the Grantee in which the
Agency has an interest .
2 . Furthermore, Agency may terminate this
Contract without statement of cause at any time by giving
written notice to Grantee of such termination at least thirty
(30) calendar days before the effective date of such
termination.
3 . In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency,
become Agency' s property and, together with all information,
data, reports, records, maps, and other materials (if any)
24 Project No. 12-WF-05.doc
(revised 10/2011)
provided to Grantee by Agency, shall be delivered and
surrendered to Agency on or before the effective date of
termination.
4 . Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned prior
to the effective date of termination. Agency shall determine
the amount of work satisfactorily completed and the amount of
compensation satisfactorily earned. If the termination is for
cause, any other provisions to the contrary notwithstanding,
Grantee shall not be relieved of liability to Agency for damages
sustained by Agency because of any breach by Grantee of this
Contract .
0. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency' s right to enforce the
same in accordance with this Contract . It is expressly
understood and agreed that no waiver granted by Agency on
account of any violation of any promise, term or condition of
this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
25 Project No. 12-WF-05.doc
(revised 10/2011)
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General ' s duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive . Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency' s request . The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. Except as
otherwise provided in this Section, any action to enforce this
contract or for breach of this Contract shall be brought only in
a State court of competent jurisdiction in Honolulu, Hawaii .
Q. ADDITIONAL CONDITIONS .
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein.
26 Project No. 12-WF-05.doc
(revised 10/2011)
IN WITNESS WHEREOF, the parties hereto have executed
this Contract .
DEPARTMENT OF THE ATTORNEY GENERAL
APPROVED AS TO FORM: STATE OF HAWAII, ( "AGENCY" )
By
Deputy Attorney General, State of Hawaii
Print Name David M. Louie
Its Attorney General
Date
HAWAI' I POLICE DEPARTMENT,
( "GRANTEE")
By
Print Name William P. Kenoi
Title Mayor
Date
APPROVED AS TO FORM AND
LEGALITY:
Deputy Corporation Counsel
County of Hawai' i
APPROVAL • COMMENDED:
By ��4-
Print Name Harry S . Kubojiri
Title Chief of Police
Date DEC -2 2013
27 Project No. 12-WF-05.doc
(revised 10/2011)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401, Honolulu, Hawaii 96813
APPLICATION FOR FY 2012 S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: SAFE Stand-by Pay and Forensic Examinations
B. APPLICANT AGENCY: HAWAII POLICE DEPARTMENT
C. ADDRESS: 349 Kapiolani Street, Hilo, Hawai'i 96720
D. SYSTEM FOR AWARD MANAGEMENT (SAM): ® Yes ❑ No
DUNS No. 613154335
E. PRIMARY PLACE OF PERFORMANCE: Hilo HI 96720
City State Zip code+4 digits
F. PROJECT PERIOD: From September 1 2013 To June 30,2014
G. VAWA PROGRAM PURPOSE(S): 1 ❑ 2❑ 3❑ 4❑ 5❑ 6❑ 7❑
8 9® 10 11 12 13 14
H. FUNDING PRIORITY AREA(S) : 1 Z 2 ❑ 3 ❑ 4❑
5❑ 6❑ 7 8
I. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $52,353.00
Agency Match 25% $17,451.00
TOTAL 100% 69,804
J. PROJECT DIRECTOR
Name: Gilbert Gaspar Title: Lieutenant, Area II
Address: 74-611 Hale Maka'i
Telephone: (808) 326-4646 x230 Fax: (808) 327-3587
Email address: ggaspar @co.hawaii.hi
K. FINANCIAL OFFICER
Name: Nori Ishii Title: Accountant IV, Fin.
Address: 349 Kapiolani Street
Telephone: (808) 961-2273 Fax: (808) 961-2390
Email address: nishii@co.hawaii.hi.
FOR CPJAD USE
Date Received: 08/26/13 Project Number: 12-WF-05 -
APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART II. DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
The Hawai'i Police Department(HPD) views violence against women as a serious and on-going
problem. The number of sexual assaults in Hawaii County has remained fairly constant over the
years, with a spike in 2010 that may by attributed to more victims reporting due to efforts to
extend forensic examinations beyond the 72-hour threshold and better access to medical and
forensic services.
Year 2008 2009 2010 2011 2012 2013
(YTD)
Number of Reported Sexual Assaults 395 390 446 357 292 123
In 1995, the HPD established the Sexual Assault Forensic Examination (SAFE) Program to
improve investigations of sexual assault cases and effectively address the needs of victims. The
SAFE Program provided medical and forensic services to victims through certified SAFE
personnel known as Sex Assault Nurse Examiners (SANEs). The SANEs received extensive
training in recognition, evaluation, and classification of various injuries resulting from traumatic
sexaul contact. SANEs also received training in performing a medical-legal examination, forensic
photography, evidence collection, report-writing, and other methods of documenting injuries for
evidential purposes.
The collected evidence and testimonials provided by the SANEs to the HPD's Criminal
Investigation Division(CID), Sex Crime Unit (SCU), and Juvenile Aid Section(JAS) detectives
and the county prosecutors have contributed to the successful prosecution of sex offender. The
SANEs completed 107 forensic examinations between September 2007 to April 2010; and 104
forensic examinations from June 2010 to June 2013.
The SAFE Program was spearheaded by a highly experienced certified SANE who was employed
with the County of Hawaii from 1995 to 2010. The SANE coordinator was responsible for all
aspects of the program and worked directly with the CID, SCU and JAS personnel. In October of
2010, the SANE coordinator retired and efforts to fill the position were unsuccessful due to lack of
qualified candidates. The position was subsequently frozen and then unfunded because of county
budget shortfalls.
In order to continue the SAFE Progam, the HPD used VAWA funds which began with the FY10
VAWA grant to outsource what were previously in-house services. A contracted provider was to
implement SANE recruitment and hiring; plan and coordinate SANE training and preceptorship
process; ensure 24-hour SANE coverage for East and West Hawai'i; establish and maintain
examination rooms in East and West Hawai'i; manage case assignments; develop quality control
and peer review process; schedule follow-up appointments with victims; and other related
responsibilities. The SANEs hired by the contracted provider will be put on a stand-by schedule,
which mean they must respond when called to conduct an examination. The goal is for SANEs to
respond within 15 minutes of a call, and initiate or schedule forensic services within 2 hours.
HPD also outsourced the FY11 VAWA award to the same provider to continue to implement the
SANE program for Hawaii Island. HPD will continue to use VAWA funds to outsource to the
contracted provider with the same goals and objectives.
From 2008 to 2011, the SAFE Program operated with a minimum of 4 SANEs supported by stand-
by pay from the FY08 Formula STOP and ARRA STOP grants. Since those grants ended, neither
the HPD nor the county had the fiscal means to continue stand-by compensation. This resulted in
2 SANEs dropping from the program in the last year,thus leaving only 2 other SANEs currently
availabe to practice. In 2012, one SANE remained in the program on a limited basis and the other
SANE dropped from the program. In March a certified SANE from Kauai moved to Hawaii and
joined the SAFE Program. To date there are 2 SANEs with limited availability. The Island has a
SANE in training who has been approved for adult examinations who will be available to perform
exams in the near term. The SANE nurse has almost completed her pediatric studies as well.
The HPD proposes to utilize its VAWA FY12 grant to reimburse the contracted provider for
SANEs stand-by pay of$2.50 per hour. The retention of SANEs is difficult without stand-by
compensation. The hours can be draining, court involvement can be taxing, and as no one can
predict the frequency of need for examinations, compensation is sporadic. The consequences to
inadequate number of available, qualified, on-call SANEs include: the lack of coordinated care
for the victim; unreasonable time for the victim to wait for forensic examination, which
compromises evidence collection especially if report is made near post-assault time of 72 hours;
or, the complete loss of critical evidence if victim does not receive timely response and ultimately
refuse services.
The FY12 VAWA funds will also be used to reimburse the contracted provider for the cost of
forensic examinations provided free of charge to victims who request services. Forensic
examinations by SANEs include time spent conducting interviews,performing examinations, and
report-writing. In addition, funds contracted to the provider will cover the cost of mileage for
SANE/SAFE personnel who must travel the East and West Hawaii areas to provide services to
victims and/or conduct program activities.
B. GOALS AND OBJECTIVES
Goal
To improve Hawai'i County's response to violent crimes against women through medical and
forensic services for victims of sexual assault.
Objectives
1. To contract with an outside partner agency for the services of the SAFE Program.
2. To provide 24/7 SANE coverage for East and West Hawai'i.
3. To provide all sexual assault victims access to forensic examinations free of charge.
4. SANEs will respond to sexual assault victims incident calls with 15 minutes.
5. SANEs will initiate or schedule forensic examinations within 2 hours.
6. To comply with statewide standards established by the Hawaii Sexual Assault Response and
Training (HSART)protocols and guidelines.
AG/CPJAD#1(a)(Rev 3/23/2010) 3
C. PROJECT ACTIVITIES
The HPD will contract with an agency provider that will oversee, coordinate, and perform the
services of the SAFE Program. Once the contract is executed to HPD from the Attorney General's
office, HPD will begin the process for outsourcing to the subcontractor within two weeks of
receipt of the award. The process for outsourcing through Hawaii County procurement procedures
generally take less than 60 days from the initial application for outsourcing.
The contracted agency will be responsible for the following activities throughout the project
period:
1. Hire (contractual) certified SANEs. Due to the lack of prequalified SANEs on the Island
of Hawaii, the subcontracting agency will be required to recruit nurses who have at least 2 years of
experience of active nursing duty and are licensed registered nurses in the State of Hawaii.
Recruitment will be on-going, but will be done through postings electronically with different
agencies, advertisements in the local papers, word of mouth, website advertisement, and
contacting local hospitals and clinics. Nurses will be asked to apply formally and will be
interviewed and provided training information to become a SANE nurse. It is expected that there
will be at least 4 nurses who will be asked to go through the SANE training. --Time line for
recruitment, interviewing and signing a Memorandum of Agreement-- 60 days from the notice to
proceed from the County of Hawaii.
Due to the difficulty in getting nurses to go to a 9 day training for Adult and Pediatric Training,
with assistance from Hawaii Sex Assault Resource and Training, Hawaii Island is proposing the
following steps in getting the nurses trained and on-calendar within 3 months of beginning the
training.
The nurse signs the Morandum of Agreement.
The subcontracting agency will provide the nurse with the International Association of Forensic
Nurses membership and enroll the nurses in a 12 week on-line adult/adolescent SANE training
that is IAFN approved and meets the criteria of Hawaii County SANE requirements as well.
After the 13th module is completed by the nurse, the nurse will begin shadowing in SAFE exams
that are scheduled in his/her particular district.
At the completion of the SANE course, the Hawaii County SART will provide a one-day Multi-
Disciplinary Team training, inviting the SANEs and members of the SART to discuss the roles of
each SART member and agency, provide agency information, network and provide nurses with
opprotunities to learn SART procedures, ask questions and meet the team they will be working
with. This will happen within 1 week of the ending of the SANE course.
Based on the amount of SAFEs the nurses have been able to observe, the subcontracting agency
will either send the nurses to Honolulu to observe and practice exams on professional patients or
will bring professional patients to the Island of Hawaii to observe and practice. This activity will
occur within one week of the Multi-Disciplinary Team Training.
Once the nurse has observed and practiced on a patient, the nurses will be place on-call at a rate of
$1.25 an hour and will be required to respond to SAFE exam call-outs. The nurses will be
required to perform the exams, write the reports and submit evidence under the mentorship of the
seasoned SANE. The nurses performing the exam will be paid to perform the SAFE. At this time,
AG/CPJAD#1(a)(Rev 3/23/2010) 4
if the SAFE is a pediatric SAFE, the nurse will be required to respond and observe the pediatric
SANE performing the exam and the exam will be considered a part of the requirements for
fulfilling the pediatric portion of the SANE training.
When the mentor deems the SANE competent, she will sign off on the nurses training and the
nurse will continue to be on-call and provide services as a stand-alone entity.
For the pediatric portion of SANE training, an IAFN approved pediatric training has been
identified and is a six week course that is offered quarterly. The subcontracting agency will enroll
the nurses in the pediatric course and monitor their progress. During the course,the nurses will be
shadowing the seasoned SANEs.
At the end of the course, if the nurses have been able to observe at least one pediatric SAFE, they
will remain on-call at $1.25/hour until they have been able to perform a pediatric SAFE with the
mentor. At that time, their on-call pay will increase to $2.50/hour and they will adhere to all the
policies and procedures of the both adult and pediatric SAFEs.
If there were no pediatric SAFEs during the 6 week course, the subcontractor will work with Sex
Abuse Treatment Center to allow the nurses to observe pediatric SAFEs during the regularly
scheduled clinics.
After the didactic training and before going on-call as a solo SANE, the nurses will attend another
MDT training with SART members with an emphasis on children and the policies and procedures
surround child victims.
After the nurse has completed all training and has performed at least two SAFEs alone, the Office
of the Prosecuting Attorney will have a training to assist the nurse in expert witness testimony and
their role in the justice system. The prosecuting attorneys may use trial transcripts,perform mock
trials or utilize other tools to help the nurses become acquainted with the criminal processes.
It is estimated that with this model, a nurse can be fully trained and on-call within 6 months of
signing a memorandum of agreement.
2. Ensure timely and efficient SANE response to sexaul assault victims. This will be done
through evaluation of the SASS advocates call logs and evaluation of response time from the
SANEs.
3. Provide forensic examinations free of charge to victims. The subcontracting agency will
not invoice the victim for any service provided that is associated with the SANE exams.
4. Schedule follow-up appointments with victims. The subcontracting agency has agreed to
do follow-up care with the victim as long as a consent form has been signed giving the agency
permission to contact the victim.
5. Secure appropriate examination rooms in East and West Hawaii. The subcontracting
agency has secured rooms.
6. Ensure availability of forensic examination supplies and kits. The subcontracting agency
maintains and inventory of items required to perform forensic exams.
7. Provide appropriate documentation/pictures of sex assault evidence to HPD. The SANE
nurses will be able to participate in peer review and the subcontracting agency is working with a
SANE consultant to provide Quality Assurance review of pictures.
8. Establish peer review and quality assurance of services. The subcontracting agency is in
the final phases of securing these services.
AG/CPJAD#1(a)(Rev 3/23/2010) 5
9. Provide narrative and statistical progress reports (i.e., victims served, forensic exams
conducted, etc.)to HPD to meet requirements of contract funding.
10. Participate in Inter-Agency Council, Big Island Coalition Against Sexual and Physical
Assault(BICAPSA), and HSART.
The HPD will be responsible for the following activities throughout the project period:
1. Provide guidance to the contract provider with regard to the SAFE Program.
2. Conduct regular monitoring visits (dates to be determined)with the contract provider to
assess/evaluate the status and progress of the SAFE Program.
3. Collaborate with HSART, BICAPSA, and other relevant entities.
4. Reimburse the contract provider for the actual costs of services.
5. Collect and analyze data regarding sex assault cases investigated and referred for
prosecution.
6. Submit all required programmatic and financial reports to the Department of the Attorney
General on a timely basis.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director will be Lieutenant Gilbert Gaspar of the HPD's Juvenile Aid Section(JAS),
Area II. Lt. Gaspar will report to captain Chad Basque, commander of the West Hawaii Criminal
Investigations Dividison(CID), who will be responsible for ensuring compliance with all project
guidelines and requirements.
E. PERSONNEL
Lieutenant Gilbert Gaspar will spend approximately 14.7 hours a month as the project director,
and Captain Chad Basque will spend approximately 10 hours providing guidance and
administrative oversight. Their time on the project will provide the 25% agency match. No other
personnel will be funded by the grant.
F. BRIEF PERSONNEL BIOGRAPHIES
Lieutenant Gilbert Gaspar has been with the HPD for 31 years and has served in the JAS for 3.5
years. Captain Chad Basque has been with the HPD for 23 years and has served in the CID for 4
years. Resumes are available upon request.
G. PARTICIPATING AGENCIES
The HPD collaborates with the YWCA of Hawai'i Island, Sexual Assault Support Services
(SASS), a program that provides 24/7 sexual assault crisis response and stabilization other wrap-
around services for victims. Other partner entities include: the Big Island Coalition Against
Physical Sexual Assault(BICAPSA); Children's Juice Center (CJC) of East and West Hawai'i;
Sexual Assault Treatment Center (SATC); State Department of Human Services; Prosecuting
Attorney of Hawai'i County; Hilo Medical Center; Kona Community Hospital;North Hawai'i
Communtiy Hospital; Ka'u Hospital; Kapiolani Children's Hospital.
AG/CPJAD#1(a)(Rev 3/23/2010)
6
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Outputs
1. The number of SANEs contracted under the SAFE Program.
2. The number of SANEs scheduled on 24/7 stand-by.
3. The number of sexual assault victims served thru the SAFE Program.
4. The number of forensic examinations perfromed by SANEs.
5. The response time of SANEs to sexaul assault calls and forensic examinations.
6. The number of HSART, BICAPSA and other meetings attended by HPD and the contract
provider.
7. Pertinent documentation regarding outcome of collaborative meetings between HPD, the
contracted provider and other partner agencies.
Outcomes
1. 24/7 SANE coverage for East and West Hawai'i.
2. 100% of requested forensic examinations were performed by SANEs.
3. 100% of sexual assault incident calls received responses within 15 minutes.
4. 100% of requested sexual assault forensic examinations were initiated or scheduled within
2 hours.
5. Improved working collaboration between HPD, YWCA,HSART, BICAPSA, etc.
6. Compliance to HSART protocols and guidelines.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
VAWA funds from this grant will: aid in recruiting and retaining SANEs for the SAFE Program;
ensure SANEs are available to respond to victims on a 24/7 basis; and provide forensic
examination free of charge to sexual assault victims who request services. Timely and effective
victim services improve police investigations and increase the probaility for successful
prosecution of sexual assault cases.
AG/CPJAD#1(a)(Rev 3/23/2010) 7
DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD
APPLICATION FOR GRANT
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A. Salaries and Wages
No. of
Position Title Positions Monthly rate Subtotal
Police Lieutanant 1 $670 $8041
Police Captain 1 $460 $5520
(Agency Match) $ $
$ $
$ $
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
$ $
$ $
Total Salaries and Wages $13561
B. Fringe Benefits Employee Benefits @
No. of
Position Title Positions Monthly Rate Subtotal
Lieutenant(26.4%) 1 $177 $2124
Captain(32.0%) 1 $147 $1766
(Agency Match) $ $
$ $
$ $
No. of No. of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
$ $
$ $
Total Fringe Benefits $3890
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
SANE Standby Pay and $ 1 year $52353
Forensic Examinations ❑Consultant ®Contract
$ ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
AG/CPJAD#1(b) (Rev 12/16/2010)
Total Consultants/Contracts $52353
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No. of
Itemize for mainland/interisland Travelers No.
airfare,ground transportation, as of
rental car,per diem Unit Cost applicable Days Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Transportation and Subsistence $0
E. Office Supplies
Itemize supplies and related costs
such as printing,paper,binders,
etc. Quantity Cost by Unit Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Office Supplies $0
F. Equipment
Specify equipment that will be
purchased, leased, or rented. Quantity Cost by Unit Subtotal _
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Equipment $0
AG/CPJAD#1(b) (Rev 12/16/2010)
COST ELEMENT AMOUNT
G. Other Costs Quantity Cost by Unit Subtotal
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Other Costs $0
TOTAL PROJECT COSTS $69804
AG/CPJAD#1(b) (Rev 12/16/2010)
BUDGET EXPLANATION:
A. Salaries and Wages
This portion of the budget will provide the agency's 25% in-kind match. The following is a
breakdown of the two police staff who will be working on the project:
Lieutenant: $45.68/hour salary x 14.669 hours/months 12 months = $8,041
Captain: $46.00/hour salary x 10 hours/month x 12 months= $5,520
B. Fringe Benefits
The composite fringe benefit rate is at 26.4 and 32.0% for Lieutenant and Captain, respectively(list
positions). The rate consists of the following fringe benefit items and computed rates: FICA/Social
Security, State Unemployment Insurance, Workman's compensation. A breakdown of the
composite fringe rates are available upon request.
C. Consultants/Contracts
The Hawai'i Police Department will contract with an agency provider for the services of the SAFE
Program. Funds contracted to the provider under this grant will cover the following costs: Sex
Assault Nurse Examiners (SANEs) stand-by pay at $2.50 per hour; forensic examinaitons at $450
per examination, which includes interviews, examination, and report-writing; and mileage
reimbursement for SAFE/SANE personnel.
D. Transportation and Subsistence
No transportation or subsistence is needed for this project.
E. Office Supplies
No office supplies are needed for this project.
F. Equipment
No equipment is needed for this project.
G. Other Costs
There are no other costs associated with this project.
AG/CPJAD#1(b) (Rev 12/16/2010)
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 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 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:
YWCA of Hawaii Island, Sexual Assault Support Services Program
7/24/2013 --� /c�
Date Author • Si i.ture of Applic t Agency
To be completed by local victim services organization. The individual signing this section may not be,from the
applicant agency
As a designated representative of YWCA of Hawaii Island, Sexual Assault Support
Services Program,a recognized local victim services organization,I certify 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: YWCA of Hawaii Island
Name&Title of Signing Authority: Kathleen cGilvray,Chief Executive Officer
Signature:
Date: /24/2013
AG/CPJAD#24 9/2011 AG CPJAD-24-VAWA-Collaboration 7-24-2013.doc
PART IV. ATTACHMENTS
• Acceptance of Conditions (AG/CPJAD #14A)
• Acceptance of VAWA Special Conditions (AG/CPJAD #26 VAWA Government)
• Certification of Non-Supplanting (AG/CPJAD #3)
• Certification of Non-Discrimination (AG/CPJAD #15)
• Certification of Non-Discrimination Complaint Procedures (AG/CPJAD#30)
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion (OJP Form 4061/1 Rev. 2/89)
• Certification Regarding Equal Employment Opportunity Program (OCR Form -
Expiration date: 12/31/12)
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: q
Signature: �� A Date: DEC "2 ZO13
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD#14A(8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
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. The appropriate report form will be provided to each project by the
CPJAD. (AG/CPJAD #20) The report shall contain information describing progress,
accomplishments, activities, changes and problems during the report period and any
additional information specified by the CPJAD.
2. The annual STOP report required by OVW shall be submitted to CPJAD by February 1
unless mandated earlier by CPJAD.
3. 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.
4. 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 grant 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 grant 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
AG/CPJAD#26 FY 2012 VAWA Govt Special Conditions(revised 2/2013) 1
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
E-mail: oig.hotline @usdoj.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.
5. Federal Leadership on Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the CPJAD encourages grantees
and sub-grantees to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by this grant, and
to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
6. Training(s)/Conference(s) Compliance
Grantee agrees to comply with all applicable laws, regulations, policies, and guidance
(including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences,
meetings, trainings, and other events.
Grantee understands and agrees that any training or training materials developed or
delivered with funding provided under this award must adhere to the OVW Training
Guiding Principles for Grantees and Sub-grantees, available at
http://wvvw.ovw.usdoj.gov/grantees.html
7. Duplicate Award of Federal Funds
Grantee agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this CPJAD award, and those award funds have been,
are being, or are to be used, in whole or in part, for one or more of the identical cost items
for which funds are being provided under this CPJAD award, the grantee will promptly
notify, in writing,the assigned Planning Specialist for this CPJAD award, and, if so
requested by CPJAD, seek a budget or project narrative modification to eliminate any
inappropriate duplication of funding.
SUBMITTED BY:
-.�W
DEC ' 2013
Signature:
Date:
Ng
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD#26 FY 2012 VAWA Govt Special Conditions(revised 2/2013) 2
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:
DEC -22013
Signature: Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD#3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees and
contractors with the non-discrimination requirements 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 Office of Justice
Programs,Office of Community Oriented Policing Services, and Office on Violence Against
Women funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et seq.)
• Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color
or national origin in Office of Justice Programs, Office of Community Oriented Policing
Services, and Office on Violence Against Women funded programs or activities. (42 U.S.C.
§2000d and 28 C.F.R. §42.101 et seq.)
• Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women funded programs or activities. (29 U.S.C. §794 and 28 C.F.R. §42.501
et seq.)
• 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 Office of Justice Programs, Office of Community Oriented Policing Services, and
Office on Violence Against Women 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 Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women 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
Office of Justice Programs, Office of Community Oriented Policing Services, and Office on
Violence Against Women funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R. §42.700
et seq.)
• Executive Order No. 13166 prohibiting discrimination of Limited English Proficient Persons.
• Executive Order No. 13279 and 28 C.F.R. pt. 38 regarding equal protection of the laws for faith-
based organizations.
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:
/ DEC -2 2013
Signature: '��� -411-444 .r Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD#15 (revised 10/2011)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIMINATION COMPLAINT PROCEDURES
The U.S. Department of Justice, Office of Justice Programs (OJP), Office for Civil Rights (OCR)
has jurisdiction to investigate complaints of discrimination against recipients of funding from
OJP (which includes component agencies such as the Bureau of Justice Assistance, the Office for
Victims of Crime, and the National Institute of Justice), Office on Violence Against Women, and
the COPS Office. OCR has indicated that recipients and subrecipients of federal funding should
have non-discrimination complaint procedures. Therefore,
I certify that the (name of agency)
has non-discrimination complaint procedures which include:
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
Harry S. Kubojiri Police Chief 808-961-2243
Name Title Phone
(2) a procedure to ensure that beneficiaries or employees of funded subrecipients are aware
that they may complain of discrimination directly to a subrecipient, to the Department of
the Attorney General, or to the Office for Civil Rights.
(3) a procedure to investigate the complaint. (The procedure may be an internal investigation
or forwarding the complaint to the Department of the Attorney General, the OCR, or
another appropriate external agency.)
(4) a procedure to notify the Department of the Attorney General, Crime Prevention and
Justice Assistance Division of the complaint. (The Department will forward the
complaint information to OCR and may conduct an investigation of the complaint.)
(5) a procedure to notify the Department of the Attorney General of the findings of the
investigation.
SUBMITTED BY:
i
DEC -2 2093
Signature: ∎■■--ma; �� i Date:
Name: Harry S. Kubojiri_ Title: Chief of Police
(Head of Agency or Designee)
AG/CPJAD#30 6/2010
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
Certification Regarding
Debarment, Suspension, ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This certification Is required by the regulations Implementing Executive Omer 12549, Debarment and
Suspension,28 CFR Part 87;Section 87.510, Participants'responsibilities.The regulations were published
as Part VII of the May 26, 1988 Federal Register(pages 19160.19211).
(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,or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certlfl•
cation,such prospective participant shall attach an explanation to this proposal.
Harry S. Kubojiri, Chief of Police
Name and Ti e of Authorized Representative
DEC -22013
Signet re Date
•
Hawaii Police Department
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
Address of Organization
OJP FORM iOS1/1(REV.2189)Previous editions are obsolete.
instructions for Certification
1. By signing and submitting this proposal, the prospective tower 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
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded,"as used in this clause,have the meanings set out In the Definitions and Coverage
sections of rules implementing Executive Order 12549. •
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed
covered transaction be entered into,It shall not knowingly enter into any lower tier covered transaction
with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. 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.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render In good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant In a
covered transaction knowingly enters into a lower tier covered transaction with a person who Is
suspended,debarred,ineligible,or voluntary excluded from participation in this transaction, in addition
to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department 349 Kapiolani Street, Hilo, Hawaii 96720
Grant Title: SAFE Stand-by Pay and Forensic Examinations Grant Number: 12-WF-05 Award Amount: $52,353
Contact Person Name and Title: Lt.Gilbert Gaspar,Area II Phone Number: (808) 326-4646 ext. 230
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 7th 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 all 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):
I Harry S. Kuboji.ri. [responsible official], certify that
the Hawaii Police Depai Intent [recipient],which has 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: Hawaii Police Department [organization],
at 349 Kapiolani Street, Hilo, Hawaii 96720 [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights,Office of
Justice Programs,U. S.Department of Justice, as required by rel-va,t laws and regulatio . 2093
Harry S. Kubojiri, Police Chief DEC - J
Print or type Name and Title Sig .ture Date
OMB Approval No. 1121-0140 Expiration Date:12/31/12