HomeMy WebLinkAboutRES 131 Draft 01 2014-2016COUNTY OF HAWAII
STATE OF HAWAI `I
RESOLUTION NO. 131 15
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
HAWAII ISLAND SAFE PROGRAM CONTINUATION GRANT TO THE
HAWAII COUNTY POLICE DEPARTMENT
WHEREAS, the State of Hawai'i Department of the Attorney General's Crime
Prevention and Justice Assistance Division has authorized federally derived funding to
the Hawai'i County Police Department for their Hawai'i Island SAFE Program
Continuation program; and
WHEREAS, the funds from this grant will be used towards the costs associated
with improving Hawai'i County's response and victim services in cases involving 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, Hawai'i Revised Statutes, that the Mayor of the County of
Hawai'i is authorized to execute, on behalf of the County an agreement attached hereto
and incorporated herein by reference as Exhibit "I", and related documents with the U. S.
Department of Justice to enable the County to receive funding for the Hawai'i Island
SAFE Program Continuation program.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii
shall transmit copies of this resolution to the Office of the Mayor, and to the Finance and
Police Departments.
Dated at Hilo , Hawai`i, this 1st day of _April , 2015.
INTRODUCED BY:
COUNCIL MEMBER, C UNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on April 1, 2015
ATTEST:
1
4001--
IZOUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
Reference: C-212/Waived FC
RESOLUTION NO. 131 15
AYES NOES ABS EX
CHUNG
X
DAVID
X
EOFF
X
ILAGAN
X
KANUHA
x
ONISHI
X
PALEKA
X
POINDEXTER
X
WILLE
8 0 1 1 0
Reference: C-212/Waived FC
RESOLUTION NO. 131 15
Exhibit "I"
i
Project Number 13 -WF -07
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of February 1, 2015 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
, whose business address is 349 Kapiolani Street, Hilo, Hawaii
96720 , 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
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to apply to states for subgrants under the fourteen broad
purpose areas:
(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 the 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;
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(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
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)- deve-l-op-ing,--- 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;
(S) 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;
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(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
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) supportingthe 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
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domestic violence, dating violence, sexual assault, or
stalking and may undertake the following activities -
o Developing, in collaboration with prosecutors, courts,
and victim service providers, standardized response
policies for local law enforcement agencies, including
triage protocols to ensure that dangerous or potentially
lethal cases are identified and prioritized;
o Notifying persons seeking enforcement of protection
orders as to what responses will be provided by the
relevant law enforcement agency;
o Referring persons seeking enforcement of protection
orders to supplementary services (such as emergency
shelter__ - programa,--- - hotlines,--- ox --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
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victim services personnel, to be known as "Crystal Judson
Victim Advocates", to provide supportive services and
advocacy for victims of domestic violence committed by
law enforcement personnel:
o The implementation of protocols within law enforcement
agencies to ensure consistent and effective responses to
the commission of domestic violence by personnel within
such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police
[`Domestic Violence by Police Officers: A Policy of the
IACP, Police Response to Violence Against Women Project'
July 2003]):
o The development of such protocols in collaboration with
State, tribal, territorial and local victim services
providers and domestic violence coalitions.
WHEREAS, the Governor has designated Agency to serve
as Hawaii's office for administering the federal financial
assistance available under the Act;
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
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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;
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 activit-ies;
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
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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 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 February 1, 2015 to and including June 30, 2015 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
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Agreements to State and Local Governments, and Office of
Management and Budget circulars and the effective edition of the
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, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Drug -Free Workplace Requirements which meets the requirements of
the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D, 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
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requirements set forth therein. Grantee's execution and
submission of a false Drug -Free Workplace Certification, or
Grantee's violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments
under this Contract, and/or terminate this Contract pursuant to
the provisions of Section N of this Contract. Grantee warrants
that it is aware that such false certification or violation of
the requirements contained in the Drug -Free Workplace
Certification shall subject the State of Hawaii to government -
wide suspension 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.
S. 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.
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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
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_,. _ i_£_ 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.
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B. 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
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 discrimci ation 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
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Employment Practices Act, Chapter 378, Hawaii Revised Statutes;
and all other applicable federal and state laws, rules and
regulations.
9. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program in
accordance with 28 C.F.R. H 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 --t-o this- -Contract - Grantee-- sha-l-l--ens-u-r-e--- khat- 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 a's 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
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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
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. of the Application for Grant, 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
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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
working order upon expiration or sooner termination of this
Contract.
15. Grantee shall ensure that seventeen
thousand one hundred seventy-five and 0/100 dollars ($17,175.00)
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
de -ter -mi -nes- 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.
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2. Grantee shall ensure that none of the work
or services to be provided under this Contract shall be
subcontracted or assigned without the prior written approval of
Agency.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the period of
each subcontract shall not exceed the term of this Contract, and
funds to the private organization will not be released unit -s5
and until the requirements set forth in applicable state law ane,
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. 1,11
subcontracts shall be reduced to writing and shall include x.11
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
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with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency's opinion, the work is being
performed by Grantee in accordance with the provisions of this
Contract. All persons hired or used by Grantee shall be
Grantee's agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees.
Furthermore, Grantee intentionally, voluntarily, and knowingly
assumes the sole and entire liability if such liability is
determined to exist, to its agents and employees or to third
persons, for all loss, cost, damage_ or injury causedby
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
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obtaining all licenses, permits and certificates that may be
required in order to perform this Contract.
2. This section shall not be applicable if
Grantee is an agency of the State of Hawaii.
G. COMPENSATION.
1. Subject to continuing availability of funds,
Agency agrees to pay Grantee, for services satisfactorily
performed under this Contract, a sum not to exceed fifty-one
thousand five hundred twenty-five and 0/100 dollars ($51,525.0.0)
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
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pay such portion at all events out of any funds other than those
which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided in
Chapter 37, Hawaii Revised Statutes.
2. Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions:
a. Payments shall be made monthly upon
receipt of Grantee's completed request for funds.
b___ All- payments- shall be made- -in
accordance with and subject to Chapter 40, Hawaii Revised
Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of
Hawaii.
C. 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
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examination reveal additional expenditures that are determined
by Agency to be inappropriate and unallowable, Agency may
require that an equivalent amount of moneys be refunded to
Agency notwithstanding Agency's preliminary determination of
appropriateness and allowability.
d. Failure to submit required reports by
the applicable deadline will result in the withholding of
payments until such time as the reports are received by Agency.
Grantee shall continue to provide the services, programs and
activities during the period that payments are being withheld.
I. INDEMNIFICATION.
1. It is strictly understood that the State of
Hawaii shall in no way be held liable for any damages, cause of
action or suits resulting from the acts, activities or omissions
of Grantee. Grantee shall indemnify and save harmless the State
of Hawaii, Agency, and their officers, agents, aid 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
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of this Contract by Grantee. Grantee shall defend the State of
Hawaii, Agency, and their officers, agents, and employees
against any such action or claim unless the action or claim
involves an act or omission solely of Agency, its officers,
agents, or employees.
2. This section shall not be applicable 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.
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K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire." No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or development
produced in whole or in part with funds made available under
this Contract shall be the subject of an application for
copyright or patent by or on behalf of Grantee, its officers,
agents, or its employees, or its subcontractors without prior
written authorization from Agency.
L. MODIFICATION OF CONTRACT.
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
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provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
and Justice Assistance Division on Agency's behalf, and made by
substituting or inserting the revisions in Exhibit "A."
Modifications, alterations or changes to the 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 represent -s 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.
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1. If, for any cause, Grantee refuses or fails
to satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
opportunity to cure any such default, fails to take satisfactory
corrective action within the time specified by Agency, Agency
shall have the right to terminate this Contract by giving
written notice to Grantee of such termination ten (10) calendar
days before the effective date of such termination. The Grantee
shall continue performance of the Contract to the extent it is
not terminated. Notwithstanding termination of the Contract,
and subject to any directions from the Agency, the Grantee shall
take 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
24 Project No. 13-WF-07.doc
(rev 10/2013)
Grantee, under this Contract shall, at the option of Agency,
become Agency's property and, together with all information,
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be delivered and
surrendered to Agency on or before the effective date of
termination.
4. Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned prior
to the effective date of termination. Agency shall determine
the amount of work satisfactorily completed and the amount of
compensation satisfactorily earned. If the termination is for
cause, any other provisions to the contrary notwithstanding,
Grantee shall not be relieved of liability to Agency for damages
sustained by Agency because of any breach by Grantee of this
Contract.
O. WAIVER.
The failure of the Agency to insist upon strict
compliance with any term, provision, or condition of this
Contract shall not constitute or be deemed to constitute a
waiver or relinquishment of the Agency's right to enforce the
same in accordance with this Contract. It is expressly
understood and agreed that no waiver granted by Agency on
account of any violation of any promise, term or condition of
25 Project No. 13-WF-07.doc
(rev 10/2013)
this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General's duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee
shall proceed diligently with the performance of this Contract
in accordance with Agency's request. The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be
governed by the laws of the State of Hawaii. Except as
otherwise provided in this Section, any 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.
9
ADDITIONAL CONDITIONS.
2G Project No. 13-WF-07.doc
(rev 10/2013)
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
APPROVED AS TO FORM:
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII, ("AGENCY")
Deputy Attorney General, State of Hawaii
Print Name
Its Attorney General
Date
APPROVED AS TO FORM AND
LEGALITY:
Deputy Corporation Counsel
County of Hawaii
APPROVAL RECOMMENDED:
By
Print Name Harry S. Kubojiri
Title Chief of Police
Date
HAWAI'I POLICE DEPARTMENT,
("GRANTEE")
By
Print Name William P. Kenoi
Title Mayor
Date
27
Project No. 13-WF-07.doc
(rev 10/2013)
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
235 South Beretania Street, Suite 401, Honolulu, Hawaii 96813
APPLICATION FOR FY 2013 VAWA S.T.O.P. VIOLENCE AGAINST WOMEN GRANT
PART I. TITLE PAGE
A. PROJECT TITLE: Hawaii Island SAFE Program Continuation
B. APPLICANT AGENCY: Hawaii Police Department
C. ADDRESS: 349 Kapiolani Street City Hilo
D. SYSTEM FOR AWARD MANAGEMENT (SAM): ® Yes ❑ No
DUNS No. 613154335
Zip 96720
PRIMARY PLACE OF
E. PERFORMANCE: City Hilo State HI Zip + 4 digits 96720-3912
F. PROJECT PERIOD: From February 1 2015 To June 30, 2015
1❑ 2 E 3❑ 4❑ 5 E 6❑ 7❑
G. VAWA PROGRAM PURPOSE(S): 8 ❑ 9 ® 10 ❑ 11 ❑ 12 ❑ 13 ❑ 14 ❑
1 ® 2 ❑ 3 ❑ 4 ❑
H. FUNDING PRIORITY AREA(S): 5 ❑ 6 ❑ 7 ❑ 8 ❑
I. TOTAL PROJECT COSTS:
SOURCE OF FUNDS
PERCENT
AMOUNT -
Federal Funds
75%
$51,525.00
Agency Match
25%
$17,175.00
TOTAL
100%
$68,700.00
J. PROJECT DIRECTOR
Name:
Gilbert Gaspar
Title: Lieutenant, Area II, JAS
Address:
74-611 Hale Maka'i Place, Kailua-Kona, Hawaii 96740
Telephone:
808-326-4646
Fax: 808-327-3587
E -Mail:
ggaspar(c co.hawaii.hims
K. FINANCIAL OFFICER
Name:
Raynette FUKUI
Title: Accountant III, Finance
Address:
349 Kapiolani Street, Hilo, HI 96720
Telephone:
808-961-2274
Fax: 808-961-2390
E -Mail:
rfukui(cco.hawaii.hi.us
FOR CPJAD USE
Date received:
1/5/15
Project Number: 13 -WF -07
EXHIBIT A
AG/CPJAD #1 VAWA Application for LE and Pros (Rev 7/2014)
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 Hawaii 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. 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
sexual contact. SANE's also receive training in performing a medical -legal examination, forensic
photography, evidence collection, report -writing, and other methods of documentating 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 detectives and the
county prosecutors have contributed to the successful prosecution of sex assault offenders. The
number of SAFES performed per year is slowly increasing. Between September 2007 and April
2010, 107 SAFES were completed, with an average of approximately 3 SAFES per month. From
June 2010 and October 2011, 53 exams were completed, averaging again, 3 SAFES per month.
From July 2013 to July 2014, 61 SAFES were completed, averaging almost 5 SAFEs per month.
This increase may be attributed to HPDs increased awareness of the need for a SAFE, the 24/7
availability of a SANE in West Hawaii, increased disclosure by victims and increased
coordination within the Sex Assault Response Team (SART).
From 1995 to 2010, the SAFE Program was spearheaded by a highly experienced certified SANE
who was employed with the county. The SANE coordinator was responsible for all aspects of the
program and worked directly with the CID, SCU and JAS personnel. In October 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.
Without the SANE coordinator, the HPD's SAFE Program lacked the quality assurance activities,
including quality improvement goals and peer review process. Peer review or review by a
certified SANE is critical to ensuring consistency of victim care and the quality of reporting and
evidence collection. Lack of peer review could result in loss of skills, inadequate knowledge of
up-to-date processes, and increase in errors that could lead to compromised evidence.
In order to continue with the SAFE Program, the HPD, using FY10 and FY11 VAWA funds,
outsourced what was previously an in-house program. The contracted provider took on the role of
SANE recruitment, coordinated SAFE training and preceptorship, maintained 24/7 coverage of
SANEs in both East and West Hawaii, managed the island's SAFE rooms, developed policies and
procedures and developed a peer review process.
AG/CPJAD ##1(a) (Rev 3/23/2010)
The contractor began the slow process of recruitment and to date has 3 qualified SANEs working
in both East and West Hawaii, with West Hawaii having 24/7 coverage. Three additional nurses
are in training for becoming a SANE and is in conversation with 3 additional nurses to begin
training. The Secure Digital Forensic Imaging (SDFI) system, which was secured prior to the
contractor's involvement, has been refurbished and SANEs have received additional training in
using the entire system. There are systems for both East and West Hawaii that are going through
the final phases of process and procedures and will be implemented completely by January 1,
2015. The peer review process will fall under the SDFI implementation with the use of a
professional consultant as well as internally with the current SANEs, also to begin by January 1,
2015.
Progress has been made to bring the SAFE program back to strong component of the investigative
procedures and evidence collection for the County of Hawaii. For this funding round, the HPD is
proposing that a portion of the VAWA funds be contracted to the provider who will continue to
coordinate and implement the SAFE Program and a portion of the funds be used for continued
training of SANEs through professional development and conferences, regularly scheduled peer
review meetings, and continue to maintain SANE rooms and SDFI system.
B. GOALS AND OBJECTIVES
Goal:
To improve Hawaii County's response to violent crimes against women through comprehensive
medical and forensic services for victims of sexual assault.
Objectives:
1. To contract with an ouside partner agency for the operation, coordination, continued
development and services of the SAFE program.
2. To provide 24-hour access to medical and forensic services for all sexual assault victims
requesting services through the SAFE program.
3. All SANEs and SANE candidates to the SAFE Program will receive training and
continuing education opportunities required to conduct forensic examinations.
4. The SAFE Program will comply with statewide standards established by the Hawai' i
Sexual Assault Response and Training (HSART) protocols and guidelines.
5. The SAFE Program will utilize the SDFI system as intended, providing the potential for
stronger case evidence for prosecution.
6. The SAFE Program will establish regular peer review meetings utilizing both the expertise
of Hawaii based SANEs and professional, certified consultants.
C. PROJECT ACTIVITIES
Upon receipt of VAWA STOP funding, the HPD will contract with the current agency provider
that will oversee, coordinate and continue to perform the services of the SAFE Program.
The contracted agency will be responsible for the following activities throughout the project
period.
1. Continue to recruit and contract certified SANEs; schedule 24/7 SANE coverage for East
and West Hawaii.
AG/CPJAD #1(a) (Rev 3/23/2010)
2. Continue to recruit and facilitate training and certification of qualified SANE candidates;
provide continuing education to SANEs to obtain and/or maintain certification. Facilitate
professional development and continuing education as opportunities arise, both on -island and off -
island.
3. Continue to keep the SAFE rooms available and stocked.
4. Get the SDFI system fully implemented in both East and West Hawai'i.
4. Provide appropriate documentation/pictures of sex assault evidence to HPD.
5. Finalize and implement the Peer Review and Quality Assurance processes.
6. Provide narrative and statistical progress reports to the HPD to meet requirements of
contract funding.
7. Participate in the Inter -Agency Council, Big Island Coalistion Against Sexual and Physical
Assault, HSART (if reinstated), Hawai'i Coalition Against Sexual Assault and other meetings
involving the SANE program services and/or coordination of care.
The HPD will be responsible for the following activities through 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 and evaluate the status and progress of the SAFE program.
3. Participate in the Inter -Agency Council, Big Island Coalistion Against Sexual and Physical
Assault, HSART (if reinstated), and other meetings involving the SANE program services and/or
coordination of care.
4. Reimburse the contract provider for the actual cost of services provided under the SAFE
Program.
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 Attoney
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 Hawai'i Criminal
Investigations Division (CID), who will be responsible for ensuring compliance with all project
guidelines and requirements.
E. PERSONNEL
Lieutenant Gilbert Gaspar will spend approximately 20.55 hours a month as the project director,
and Captain Chad Basque will spend approximately 4 hours providing guidance and
administrative oversight. Their time on the project will proivde 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 32 years and has served in the JAS for 4.5
years. Captain Chad Basque has been with the HPD for 24 years and has served in the CID for 5
years. Resumes are available upon request.
G. PARTICIPATING AGENCIES
AG/CPJAD #1(a) (Rev 3/23/2010)
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 and other
wrap-around services for victims. Other partner entities include: the Big Island Coalition Against
Physical and Sexual Assault (BICAPSA); Children's Justice Center (CJC) of East and West
Hawaii; Sexual Assault Treatment Center (SATC); State Department of Human Services;
Prosecuting Attorney of Hawaii County; Hilo Medical Center, Kona Community Hospital, North
Hawaii Community Hospital; Ka'u Hospital; Kapiolani Children's Hospital.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
Outputs
1. The number of SANES contracted under the SAFE Program.
2. The number of SANE candidates recruited and trained and certified to be SANEs.
3. The number of SANEs receiving continuing education to maintain certification.
4. The number of sexual assault victims served through the SAFE Program.
5 The number of BICAPSA and other meetings attended by HPD and the contract provider.
6. The number of peer reviews conducted in the grant period.
7. Pertinent documentation regarding outcome of collaborative meetings between the HPD,
the contracted provider and other partner agencies.
8. The number of SANE's trained on the SDFI system.
Outcomes:
1. 100% of SANEs received training/education to enhance professional skills and maintain
certification.
-- -- -
2._ _ _ 100%0 of recruited SANE candidates are-enrolled.in training.andpragressing along the
timeline established at the signing of the Memorandum of Agreement between the candidate and
the provider.
3. 100% of the sexual assault victims requesting services through the SAFE Program were
served.
4. Improved working collaboration between HPD, YWCA, SART and BICAPSA.
5. Compliance with HSART protocols and guidelines.
6 24/7 availability of SANE coverage in both East and West Hawaii.
7. SDFI system fully implemented in East and West Hawaii.
I. PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM
The Hawai' i Police Department's SAFE Program must continue to provide highly qualified and
responsive medical and forensic services to victims of sexual assault. These services encourage
reporting of sex crimes to police, improve law enforcement investigations, and in successful
prosecution, and enhance working collaborations between partner agencies.
AG/CPJAD #1(a) (Rev 3/23/2010)
DEPARTMENT OF THE ATTORNEY GENERAL/CPJAD
APPLICATION FOR GRANT
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT
AMOUNT
A. Salaries and Wages
Position Title
No. of
Positions
Monthly
rate
Subtotal
Lieutenant
1
$938 $11264
Captain
1
$184
$2208
(Agency Match)
$ $
Position Title
No. of
Positions
No. of
Hourly Rate Hours
Subtotal
$
$
Total Salaries and Wa es
$13472
B. Fringe Benefits
Employee Benefits
%
Position Title
No. of
Positions
Monthly
Rate
Subtotal
Lieutenant
1 $248 $2985
Captain
1 $59 $718
(Agency Match)
$ $
Position Title
No. of No. of
Positions Hourly Rate Hours Subtotal —
$ $
$ $
Total Fringe Benefits
$3703
C. Consultants/Contracts
Scope of Consultant/Contract
Estimated
Cost
Length of
Consultant/
Contract
Service
Select as Appropriate
SAFE Program
(operation, coordination,
services)
$51525
1 year
❑ Consultant ® Contract
$
❑ Consultant ❑ Contract
$
❑ Consultant ❑ Contract
Total Consultants/Contracts
$51525
AG/CPJAD #1(b) (Rev 12/16/2010)
COST ELEMENT AMOUNT
D. Transportation and Subsistence
Itemize for mainland/interisland
airfare, ground transportation,
rental car, per diem
Unit Cost
No. of
Travelers
as
applicable
No.
of
Das
Subtotal
$
$
Total Transportation and Subsistence
$
E. Office Supplies
Itemize supplies and related costs
such as printing, paper, binders,
etc. Quantity
Cost by Unit Subtotal
Total Office Supplies
I$
F. u1 ment
Specify equipment that will be
purchased, leased, or rented.
Quantity
Cost by Unit
Subtotal
$
$
Total Equipment
$
COST ELEMENT AMOUNT
G. Other Costs Quantity
Cost by Unit Subtotal
Total Other Costs $
TOTAL PROJECT COSTS $68700
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 police lieutenant will
spend approximately 20.55 hours per month as the project director. The police captain will spend
approximately 4 hours per month providing overall supervision of the project.
Liertenant: $45.68/hour salary x 20.55 hours/month x 12 months = 11264.69
Capatin: $46,00/hour salary x 4 hours/month x 12 months = 2208.00
B. Fringe Benefits
The composite fringe benefit rate is at % for (list positions). The rate consists of the
following fringe benefit items and computed rates: This portion of the budget will also provide the
agency's 25% in-kind match. The compositing fring benefit rate that will be applied to the
lieutenant position is approsimately 26.5%. The composite fringe benefit rate that will be applied
to the captain's position is approximately 32.3%. Below are the fringe benefit categories. A
breakdown of the composite frings rates is available upon request.
FICA/Social Security
State Unemployment Insurance
Workman's Compensation
C. Consultants/Contracts
The HPD will contract with an agency provider for the operation, management, and services of the
SAFE Program. Contracted services include: SANE recruitment and contracting; planning and
coordination of SANE training and preceptorship process; ensuring 24-hour SANE coverage for
East and West Hawaii; case management; development of quality control and peer review process;
scheduling pollow-up appointments with victims; and other related responsibilities. Funds
contracted to the provider also include costs relating to specialized training for SANEs and SANE
candidates; compensation for partial time of personnel to coordinate, implement, and oversee the
SAFE Program. HPD will follow county procurement rules to ctract the provider.
D. Transportation and Subsistence
E. Office Supplies
F. Equipment
G. Other Costs
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: Hawai' i 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:
HPD and YWCA of Hawaii Island has entered into an agreement whereby YWCA will
administer SANE/SAFE program for HPD. YWCA will coordinate SANE schedules, provide
call -out services of the SART team and maintain records and the SANE rooms. YWCA will
actively recruit and maintain SAFE personnel as well as arrange and plan for appropriate
traininas.
SEP 17 2014
Date Authorized glignature of Ap icant 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, 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:
Name & Title of Signing Authority:
Signature:
Date:
YWCA of Hawaii Island
Kathleen McGilvra
9/4/2014
AG/CPJAD #24 9/2011 AG CPJAD-24-VAWA-Collaboration (2).doc
PART IV. ATTACHMENTS
■ Acceptance of Conditions (AG/CPJAD #14)
■ Acceptance of VAWA Special Conditions (AG/CPJAD #26 VAWA Government)
■ Certification of Non -Supplanting (AG/CPJAD #3)
■ Certification Regarding Lobbying (AG/CPJAD #22)
■ 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: 05/31/14)
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
Violent 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
Violent 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:
Date:
Name: Harry S. Kubojiri Title: Chief of Police
Agency: Hawai'i Police Department
AG/CPJAD #14 VAWA and SASP (6/2014)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF VAWA SPECIAL CONDITIONS
(for Government 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. 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.
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 -``E- qual-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:
AG/CPJAD #26 FY 2013 VAWA Govt Special Conditions (revised 12/2014)
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: oig.hotlinegusdoj.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.usdoi.gov/oig.
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. Information on pertinent laws, regulations,
policies, and guidance is available at http://www.ovw.usdoj.gov/grantees.html
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://www.ovw.usdoi.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 Criminal Justice 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.
AG/CPJAD 426 FY 2013 VAWA Govt Special Conditions (revised 12/2014)
8. Information Technology Compliance
Grantee agrees that — (a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging
of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency or any other entity carrying
out criminal investigations, prosecution, or adjudication activities.
9. VAWA Federal Eligibility Requirements
Grantee shall comply with the federal eligibility requirements established by the Violence
Against Women and Department of Justice Reauthorization of 2005
(http://www.usdoj.gov/ovw/regulations.htm) and the effective edition of the OVW
Financial Grants Management Guide (http://www.ovw.usdoj.gov/doc/ovw-fgmg.pdf) in
order to receive STOP Program funds. In particular, Grantee shall comply with the non-
disclosure of confidential or private information.
SUBMITTED BY:
Signature:
Name:
Agency:
Date:
Harry S. Kubojiri Title: Chief of Police
Hawai'i Police Department
AG/CPJAD #26 FY 2013 VAWA Govt Special Conditions (revised 12/2014) 3
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:
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 sec.)
• 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 sec..)
• 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 sem)
• 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 1X of the Education Amendments of 1972, as --it relatestodiscrimination 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 sec .)
• 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:
Signature:
Name:
Date:
Harry S. Kuboiiri 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
has non-discrimination complaint procedures which include:
(name of agency)
(1) a coordinator who is responsible for overseeing the complaint process. The agency's
coordinator is:
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:
Signature:
Name: Hany S. Kuboiiri_
(Head of Agency or Designee)
AG/CPJAD #30 6/2010
Date:
Title: Chief of Police
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 87i Section 87.510, Participants' responsibilities. The regulations were published
as Part VII of the May 28,1988 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, 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 certflfk
cation, such prospective participant shalt attach an explanation to this proposal.
Harry S. Kubojiri, Chief of Police
Name and Title of Authorized Representative
Signature
Hawaii Police Department
Name of Organization
349 Kapiolani Street, Hilo, Hawaii 96720
Address of Organization
OUP FORM 405111 (FIEV. 21M Pnvfous ediflaes ars abs III*.
Date
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 leams that its certification
was erroneous when submitted or has become erroneous by reason of changed olmumstances.
4. The terns "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 not 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.
& The prospective lower tier participant further agrees by submitting this proposed'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 pdnclpals. 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 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
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C not all three.
Recipient's Name: Hawaii Police Department DUNS Number: 613154335
Address: 349 Kapiolani Street, Hilo, Hawail 96720
Grant Title: Hawaii Island SAFE Program Continuation Grant Number: 13 -WF -07 Award Amount: $51,525
Name and Title of Contact Person: u. Gilbert Gaspar
Tele hone Number: 808-326-4646
1 E -Mail Address: ggaspar@co.hawall.hi.us
Section A—Declaration Claiming Complete Exemption from the EEOP Requirement
Please check all the following boxes that apply:
o Recipient has less than fifty employees. o Recipient is an Indian tribe. ❑ Recipient is a medical institution.
❑ Recipient is a nonprofit organization. ❑ Recipient is an educational 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 hasfifty or more employees and is receiving a single award or subaward of $25, 000 or more, but less than $500,000, then the
recipient agency does not have to submit an ESOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):
[responsible official],
certify that [recipient],
which has fifty 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 pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office:
[organization],
[address].
Print or Type Name and Title Signature Date
Section C—Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for
Civil Rights for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500 000 or more, then the recipient agency must
send an EEOP Utilization Report to the OCR for review.
1, [responsible official],
certify that [recipient],
which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in
accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the
Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
Print or Type Name and Title Signature Date
OMB Approval No. 1121-0340 Expiration Date: 05/31/14
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements, please consult your grant award document, your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C, not all three.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements, complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or
local government, an agency of state or local government, or a private business; and (2) have fifty or more employees;
and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption
from the submission requirement by completing Section B. In completing Section B, the recipient should note that the
EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one) to the OCR, should complete Section C.
Submission Process
If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form
for each grant. Recipients should download the online Certification Form, have the appropriate official sign it,
electronically scan the signed document, and then send the signed document to the following e-mail address:
EEOPForms(i�usdoi.gov. The document must have the following title: EEOP Certification. If you have questions about
completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs,
810 7h Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027).
OMB Approval No. 1121-0340 Expiration Date: 05/31/14