HomeMy WebLinkAboutCOM 0031.000 2002-2004 Mtv orb
Harry Kim ~;c~ ' ~~o William Takaba
6i
Mayor Director
Nancy E. Crawford
. Deputy Director
,~O~~M~
County of Hawaii
Finance Department
25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 '
(R08) 961-8234 • Fax (808) 961-8248
December 4, 2002
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
The U.S. Department of Justice, through the State of Hawaii Department of the Attorney General,
Crime Prevention and Justice Assistance Division, has authorized a $34,000 Victim Services
Coordinator Grant to the Hawaii County Police Department. The funds will be used to hire a
Victim Services Coordinator to service the on-going needs of victims from domestic violence/sexual
assault while their cases remain under investigation.
Enclosed is a resolution to authorize the Mayor to enter into an agreement with the State of Hawaii
Department of the Attorney General, Crime Prevention and Justice Assistance Division.
Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating this
$34,000 Victim Services Coordinator Grant.
If there are any questions, please do not hesitate to call the Police Department.
William Takab
Director of Finance
A OVED:
'
Harry
KU~/ irrl'
Mayor
Enc. Comm. No.
Res ~ I S-C ~ II l S` 'p
cc: Police File No.
Rei. To: ~G
xe4. Date DEC 0 S 2002
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 11/27/02
STAFF CONTACT: Nori Ishii PHONE: 961-2273
A. REQUEST:
To create an account entitled "Victim Services Coordinator" under the following object codes:
011 $30,180.00
099 $ 3,820.00
TOTAL $34,000.00
To enter into a contract with the Department of the Attorney General Crime Prevention and Justice Assistance
Division to providing funds for a Victims Service Coordinator.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The State of Department of the Attorney Genral Crime Prevention and Justice Assistance Divison is
providing funding to hire a Victims Services Coordinator to service the on-going needs of victims from
domestic violence/sexual assault while cases remain under investigation.
SIGNED: DATE: "~Z"~`~
Department Head
GRANT SUMMARY
(Supplement to B-52, Request for Council Action)
T e of Grant A ro riation bein re uested: New or an additional a ro riation
® New (for this fiscal year period). OR ? Additional appropriation (to an existing grant);
/s a draft u~reement attached? Has the original grant notification been transmitted to
®Ycs ? No Council? ? Yes ? No
Name of Grant Program: Victims Services Coordinator
Grantor: State Department of the Attorney General Crime Prevention and Justice Assistance Division
County Grantee Department or Agency: Police Department
County Grantee Contact Person: Acting Lieutenant Earl Hatada Phone Number: 961-2327
Amount of Grant: $45,333.00
Grant Period (Commencement & Completion): January 1, 2003 -December 31, 2003
Purpose of Grant: To hire a victims services coordinator to service the on-going needs of victims of
domestic violence/sexual assault while cases remain under investigation.
County Match required?: ®Yes ? No
if ycs_ Matching Amount? 11,333.00 Budgeted in account# : S & W (In-Kind)
In-kind? Explain: A portion of Super vising Detective salaries will be used as match.
Explanation:
County's personnel requirements: Amount oC new position(s)`?
Qty: _ Pcrnianent: ? Temporary: Duration:
Full-time: ? Part-time: Time Element:
Qty: Contractual: ? Explain:
Explanation:
Additional Comments about Graut
R-52 Grant Summary Fortn
Project Number O1-WF-3
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2003 by
and between the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency", by and through the Attorney
General, and Hawaii County Police Department
hereinafter called "Grantee".
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-
DrOf1t, non-governmental victim services programs are eligible
to apply to states for subgrants under the eleven broad purpose
areas:
Rev. 07/02 1
(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
rimes of sexual assaul*_ and domestic violence;
,5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
Rev. 07/02 2
dating violence programs; developing or improving delivery
of victim services to underserved populations; providing
specialized domestic violence court advocates in courts
where a significant number of protection orders are
granted; and increasing reporting and reducing attrition
rates for cases involving violent crimes against women,
including crimes of sexual assault, domestic violence, and
dating violence;
(6) developing, enlarging and strengthening programs addressing
stalking;
(7) developing, enlarging and strengthening programs that
addresses 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;
i=? training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
R~~. o~/oz 3
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
(10) developing, enlarging or strengthening programs to assist
law enforcement, prosecutors, courts, and others to address
the needs and circumstances of older and disabled women who
are victims of sexual assault or domestic violence,
including recognizing, investigating, and prosecuting
instances of such assault or violence and targeting
outreach and support, counseling, and other victim services
to such older and disabled individuals; and
(11) providing assistance to victims of sexual assault and
domestic violence in immigration matters.
WHEREAS, the Governor has designated Agency to serve
as Hawaii's office for administering the federal financial
assistance available under the Act;
WHEREAS, Grantee is qualified to receive funds
available to Hawaii under the Act and its implementing
regulatio^,s (28 C.F.R. Part 33) or guidelines (Office of Justice
?rograms, STOP violence Against Women Formula and Discretionary
Grant Program Guidance), and has applied to Agency for receipt
of the same as a subgrantee;
Rev. 07/02 4
WHEREAS, Agency has reviewed Grantee's application for
funds, and is satisfied that all of the requirements of the Act
and its implementing regulations have been satisfied and that
Grantee is capable of using the federal funds requested
appropriately;
WHEREAS, Grantee has demonstrated the capacity to
provide the services, programs and activities described herein
and is ready, willing and able to provide the required services,
programs and activities;
NOW THEREFORE, Agency and Grantee for and in
consideration of the covenants, conditions, agreements, and
stipulations hereinafter expressed, do mutually agree as
follows:
A. SCOPE OF SERVICES.
Grantee shall, in a proper and satisfactory
manner, as determined by Agency, and in accordance with the
terms and conditions of this Contract, use the funds received
under this Contract for the purposes stated herein and in
accordance with the "Application For Grant" (Parts I through IV
including all certifications required under Section C) attached
hereto as Exhibit "A" and by reference incorporated herein. It
Rev. 07/02 5
is understood that this Contract includes as a part hereof any
rules, relevant directives or instructions issued by the United
States or the Agency, including the provisions of the federal
Office of Management and Budget circulars and the effective
edition of the Office of Justice Programs' Guideline Manual
entitled "Financial and Administrative Guide for Grants."
B. TERM OF CONTRACT.
This Contract shall be in effect for the period
from January 1, 2003 to and including December 31, 2003
unless this Contract is sooner terminated as hereinafter
provided or unless this Contract is extended in accordance with
Section L of this Contract.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS.
1. Grantee shall comply with the guidelines set
forth in the Act and all applicable federal regulations and
guidelines, including but not limited to Office of Justice
Programs, STOP Violence Against Women Formula and Discretionary
Grants Program Guidance, and Office of Management and Budget
circulars and the effective edition. of the Office of Justice
Programs' Guidance Manual entitled "cinancial and Administrative
Guide for Grants."
2. If so required by Agency, Grantee shall
certify to Agency that any expendable or nonexpendable personal
Rev. 07/02 6
property purchased or acquired with funds received under this
Contract will be used for criminal justice purposes before title
in such property may vest in Grantee. If a certification is not
provided by Grantee, title to any personal property purchased or
acquired with funds received under this Contract shall vest in
Agency and such personal property shall be delivered to the
Agency in good working order upon expiration or sooner
termination of this Contract.
3. Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Drug-Free Workplace Requirements which meets the requirements of
the Drug Free Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D), hereinafter referred to as the "Drug-Free Workplace
Certification". A copy of the Drug-Free Workplace Certification
shall be included in Part IV of the Application for Grant.
Grantee covenants that the representations made in the Drug-Free
[9orkplace Certification are true at the time this Contract is
executed and will remain true throughout the entire term of this
Ccntract and any extensions, and that Grantee shall fulfill all
the requirements set forth therein. Grantee's execution and
submission of a false Drug-Free Workplace Certification, or
Grantee's violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments
Rev. 07/02
under this Contract, and/or terminate this Contract pursuant to
the provisions of Section N of this Contract. Grantee warrants
that it is aware that such false certification or violation of
the requirements contained in the Drug-Free Workplace
Certification shall subject the State of Hawaii to government-
wide suspension or debarment, or other sanctions which, in turn,
shall result in the withdrawal of funds from Grantee and/or the
unavailability of future funding for Grantee.
4. Prior to, or concurrently with the execution
of this Contract, Grantee shall complete, execute and submit to
Agency a Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, hereinafter referred to
as the "Debarment Certification". A copy of the Debarment
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Debarment Certification are true at the time this Contract
is executed and will remain true throughout the entire term of
the Contract and any extensions, and that Grantee shall fulfill
any and all terms and conditions set forth therein.
5. Prior to, or concurrently with the execution
of this Contract, if so required by Agency, Grantee shall
complete, execute and submit to Agency a Certification Regarding
Lobbying, hereinafter referred to as the "Lobbying
Certification", and any subsequent disclosure forms required
Rev. 07/02 g
under Section 1352, Title 31 U. S. C. A copy of the Lobbying
Certification shall be included in Part IV of the Application
for Grant. Grantee covenants that the representations made in
the Lobbying Certification are true at the time this Contract is
executed and will remain true throughout the entire term of the
Contract and any extensions and that Grantee shall fulfill any
and all terms and conditions set forth therein.
6. Grantee shall maintain accounting procedures
and practices acceptable to Agency, and books, records,
documents and other evidence which sufficiently, accurately and
properly reflect all direct and indirect expenditures and all
interest or other income earned as the result of funds provided
pursuant to this Contract. Grantee shall ensure that its own
books, records, and documents are available for inspection,
reviews or audits at all reasonable times by Agency or the
United States Department of Justice. In addition, Grantee shall
prepare and submit to the Agency reports in such form and at
such times as Agency or the Office of Violence Against Women may
require. At a minimum, Grantee shall submit quarterly financial
reports fifteen (15) calendar days after the end of each
calendar quarter. Records and financial accounts shall be
retained by the Grantee and shall be accessib_e to Agency and
the United States Department of Justice for at least three years
Rev. 07/02 9
after Agency's grant with the Office of Violence Against Women
is closed.
7. Grantee shall comply with all the
ordinances, codes, rules and regulations of the Federal, State
and local governments which in any way affect its performance
under this Contract.
8. Grantee shall provide for an independent
audit of its activities on a periodic basis in accordance with
Office of Management and Budget Circular A-128.
9. Grantee will comply with the non-
discrimination requirements of the Act, Title VZ of the Civil
Rights Act of 1964 (with respect to race, sex, religion, creed,
national origin), Title VII of the Civil Rights Act of 1964,
section 504 of the Rehabilitation Act of 1973 (handicap), as
amended, Title IX of the Education Amendments of 1972 (race,
sex, religion, creed, national origin), the Age Discrimination
Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637
(affirmative action for women's business), the United States
Departmen*_ of Justice Non-Discrimination Regulations, 28 C.F.R.
Part 42, Subparts C, D, E and G, the Americans with Disabilities
Act cf 1990 42 U.S.C. 12101 et seq., and the Hawaii State
Fair Employment Practices Act, Chapter 373, Hawaii Revised
Statutes.
Rev. 07/02 10
10. Grantee assures Agency that if it is
required to formulate an Equal Employment Opportunity Program in
accordance with 28 C.F.R. 42.301 et seq. it will submit a
certification to Agency that a current program is on file.
11. Grantee shall ensure that
Eleven thousand three hundred thirty three dollars
($11,333.00) 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 there is no
required match.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
terminates shall be returned to Agency; all funds provided under
this Contract which are encumbered but not disbursed within
ninety (90) days after this Contract terminates shall be
returned to Agency.
D. PERSONNEL.
1. Grantee shall secure at its own expense, all
personnel required to perform the services required under this
Rev. 07/02 ~1
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.
E. SUBCONTRACTS.
Grantee may provide some or all of the services
required under this Contract by subcontract provided that
Grantee secures the prior written consent of Agency. In the
event Grantee enters into a subcontract with a private
organization to perform any of the services or activities
required under this Contract, Grantee agrees that the period of
each subcontract shall not exceed one year, and funds to the
private organization will not be released unless and until the
requirements set forth in applicable State law and implementing
rules are complied with by the subcontractor. All subcontracts
shall include provisions to ensure that Grantee is capable of
satisfying the requirements of this Contract. All subcontracts
shall be reduced to writing and shall include all provisions of
this Contract required of Grantee.
Rev. 07/02 LZ
F. SERVICES AS INDEPENDENT CONTRACTOR.
1. In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in progress
to determine whether, in Agency's opinion, the work is being
performed by Grantee in accordance with the provisions of this
Contract. All persons hired or used by Grantee shall be
Grantee's agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all work
and services performed by its agents and employees.
Furthermore, Grantee intentionally, voluntarily, and knowingly
assumes the sole and entire liability if such 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
e^.ployment. The performance of work under this Contract alone
shall not be construed as employment with the State of Hawaii
and shat= not e:aitle 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
Rev. 0/02 13
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.
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
Thirty four thousand dollars ($34,000.00) 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
e;{penses 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
sz~. o~/oz 14
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.
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
Rev. 07/02 15
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
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. INDENIIQIFICATION.
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
ommissions of Grantee. Grantee shall indemnify and save
harmless *_he 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
xev. 0~/02 16
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 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 wri*_ten approval of Agency. Grantee shall submit a
completed Privacy Certification for review and approval prior to
the expenditure oz funds for the collection of identifiable
research/statistical data. All information, data, or other
Rev. 07/02 1~
material provided by the Grantee or the Agency shall be kept
confidential only to the extent permitted by law.
K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
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 [he "Application For
Grant" (attached hereto as part of Exhibit "A") or to the period
during which this Contract is in effect in Section B, including
increases (subject to the availability of funds) or decreases in
the amount of compensation, permitted in this Contract shall be
made by written supplemental agreement to this Contract and
Rev. 07/02 18
executed by Grantee and the Attorney General or the Attorney
General's designee. Modifications, alterations or changes to
provisions of the "Application For Grant" may be requested by
Grantee, approved by the Administrator of the Crime Prevention
and Justice Assistance Division on Agency's behalf, and made by
substituting or inserting the revisions in Exhibit "A".
Modifications, alterations or changes to the 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 iif 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 er indirect, that would conflict in any Tanner or degree
with the performance of the services under this Contract.
Rev. 07/02 19
N. TERMINATION OF CONTRACT.
1. If, for any cause, Grantee refuses or fails
to satisfactorily fulfill in a timely or proper manner its
obligations under this Contract or any extension thereof, or if
Grantee breaches any of the promises, terms or conditions of
this Contract and, having been given reasonable notice of and
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
~err!ination.
3. In the event of termination of either type,
all finished or unfinished documents, reports, summaries, lists,
Rev. o~/oz
charts, graphs, maps, or other written material prepared by
Grantee, under this Contract shall, at the option of Agency
become Agency's property and, together with all information,
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be delivered and
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, provisicn, or condition of this
Contract shall nog 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
R°v. 07/02 21
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.
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 fionoluiu, Hawaii.
Rev. 07/02 72
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed against
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.
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII ("AGENCY")
By
APPROVED AS TO FORM: Print Name
Its Attorney General
Date
Deputy Attorney General
State of Hawaii
HAWAII COUNTY POLICE DEPARTMENT
COUNTY OF HAWAII ("GRANTEE")
By
Print Name
Title
Date
APPROVED AS TO FORM AND LEGALITY:
Corporation Counsel
A__ COMMENDED:
Police Chief
Rev. 07/02 73
o~~
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPLICATION FORS.T.O.P. VIOLENCEAGAINSTWOMENGRANT
PART 1. TITLE PAGE
A. PROJECT TITLE: Victim Services Coordinator
B. APPLICANT AGENCY: Hawaii Cotmty Police Department
C. ADDRESS: 349 Kapiolani Street
Hilo, Hawaii 96720
D. PROJECT PERIOD: January O1, 2003 to December 31, 2003
E. AUTHORIZED PROGRAM PURPOSE: 5
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75% $34,000.
A enc Match 25% 11,333.
TOTAL 100% $45,333.
G. PROJECT DIRECTOR: James DAY Title: Captain
Address: 349 Kapiolani Street
Hilo, Hawaii 96720
Phone: (808)961-2251 Fax: (808)961-2376
H. FINANCIAL OFFICER: Gary MAESATO Title: Business Manager
Address: 349 Kapiolani Street
Hilo, Hawaii 96720
Phone: (808)961-2374 Fax: (808)961-2390
FOR CPJA USE
l Date Received: ~ ~ Pro~ect Number: ~J1 - lnl - D
AG/CPJA ,".1-VAWA (2/96)
EXHIBIT A
PART II.
A. THE PROBLEM
The Hawaii County Police Department currently employs eleven investigators
specifically trained to conduct investigations relating to domestic violence (DV) and
sexual assault (SA). Currently, a contractual Administrative Services Assistant (ASA) is
on staff to oversee the administrative tasks relating to the investigations of DV and SA.
Victims of domestic violence and sexual assault rely on sporadic contact with the
assigned investigator for matters relating to pending investigations. These contacts are
usually initiated by the victim. This proactive effort to establish a means of
communication for the victim will enhance her safety and connect her with much needed
victim services during the critical eazly period of the investigation.
There is no specific function within the department to service the ongoing needs of the
estimated 1,200 victims of domestic violence and sexual assault while cases aze under
investigation. A Victim/Witness Counselor with the Office of the Prosecuting Attorney
establishes and maintains contact with victims only afrer an investigation is referred for
prosecution.
A Victim Services Coordinator (VSC) for pending investigative matters would serve to
foster a positive relationship with traumatized victims, mostly female, and should
enhance the success of subsequent prosecution of these cases.
B. GOALS AND OBJECTNES
The goal of this project is to establish a single point of contact for all victims of domestic
violence and sexual assault by staffing a Victim Services Coordinator position within the
Criminal investigations Division of the Hawaii County Police Department. The VSC
will service the on-going needs of these victims while cases remain under investigation.
The objectives of this project will be to:
1. Establish and maintain periodic contact with a minimum of 50% of all
reported victims of domestic violence and sexual assault during the project
period.
2. Develop and maintain a directory of available social and professional
services for victims of domestic violence and sexual assault for prompt
referral of services while investigations are pending.
3. Assist the investigators in developing and providing pertinent background
and history data for analysis in the investigation.
C. PROJECT ACTMTIES
Specific tasks will be measured throughout the project to ensure that the goals and
objectives are being addressed. Specific indicators monitored will be:
A. Staffs under contract a Victim Services Coordinator to provide those
services required by this project.
B. Develop a comprehensive directory of available services for victim
referrals within 30 days of the commencement of this project.
C. Develop a contact log within 30 days of the commencement of this
project.
D. Utilize existing data for the development of an offender profile sheet and
victim assessment form for investigative reference. Develop this profile
sheet within 30 days of the commencement of this project.
E. Maintain a victim contact log for 100% of the DV/SA clients successfully
contacted and serviced by the department during the project period. All
attempts to contact, as well as documentation ofthe nature ofthe contact,
will be recorded and maintained with the VSC.
F. Unit staff to provide in-service training to all field personnel to provide
access information to all victims of DV/SA that they may encounter.
Investigators will be directed to provide this information when an initial
police report is taken.
G. Maintain all existing DV/SA data systems as required under prior projects.
The department has recently been awazded independent funding to develop and distribute
referral cards and informational brochures for use by investigators and members of the
public. The informational brochures will be introduced in conjunction with a media
campaign and the resulting publicity will further enhance the awareness of [he Victim
Services Coordinator project and, ultimately, the success of this project.
The expected results of this project will be to bridge the gap with referral services offered
during the investigative process. The project will also foster a positive relationship with
the victim of domestic violence or sexual assault during the critical period of
vulnerability immediately after initiating a police investigation. It is hoped that this
relationship will translate into a more successfully prosecuted criminal case with positive
victim participation.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Director shall be responsible for the hiring of a qualified VSC. A Project
Manager shall supervise the VSC and monitor the progress of the completion of the
project activities noted above.
E. PERSONNEL
Resume for the selected full-time Victim Services Coordinator will be submitted upon the
hiring and staffing of the contractual position.
F. PARTICIPATING AGENCIES
This project will incorporate any of the vaned professional and social service/victim
services in the County and the State of Hawaii that provide direct services to victims of
domestic violence and sexual assault. Referral agencies may include:
Alternatives to Violence, Turning Points for Families
Hawaii County Immigration Office
Victim/Witness Assistance Program, Office of the Prosecuting Attorney
Family Court of the Third Circuit
Child and Family Services
Family Crisis Shelter, East and West Hawaii
Hale Ola Ka'u
Bay Clinic
Alu Like
Big Island Substance Abuse Council (BISAC)
Sexual Assault Victim Empowerment (SAVE)
Legal Aid Society of Hawaii
Hawaii State Coalition Against Domestic Violence
Domestic Violence Clearinghouse and Legal Hotline
G. PROJECT EVALUATION
Project evaluation will be based on the implementation ofthe timeline described in
Section C. above. Data collection will be maintained by the VSC and monitored
regularly by the Project Manager. Quarterly reports to the Project Director will serve as
an indicator to assess the success of the project.
Required progress reports will be submitted by the Project Director as specified in the
gran[ requirements.
PART III.
A. SALARIES AND WAGES
Victim Services Coordinator (full time, civilian)
($2,515.00/mo) $30,180.
(See Attachment A, Job Description)
B. FRINGE BENEFITS
Social Security 6.20%ofsalary $1,870.
Medicare 1.45%ofsalary 438.
Worker's Compensation 3.47%ofsalary 1046.
Unemployment Compensation .42%ofsalary 127,
Medical Plan, Family 239.
Children's dental plan, per enrolled child 13.
Adult Dental Plan, with spouse 23
Prescription Drug Plan, Family 53.
Vision Care Plan, Family 7
Life Insurance 4
Total Frinee Benefits $3 820
C. CONSULTANTS
No expenses for consultants are required for this project.
D. TRANSPORTATION AND SUBSISTANCE
No travel costs are required for this project.
E. OFFICE SUPPLIES
The department will provide necessary supplies for this project.
F. OTHER COSTS
Necessary computer and office equipment was provided for under project 98-WF-
4. The equipment provided is adequate to carry over for the duration of this
project.
Telephone and communications Fees and equipment will be provided for by the
department.
G. TOTAL PROJECT COSTS
Salary expenses, fringe benefits: $34,000.
Assigned department personnel (agency match): 11,333.
TOTAL PROJECT COSTS $45,333.
H. SHOWING THE AGENCY MATCH
The agency will provide for the required matching funds for this project by
utilizing the existing Detective position for the Domestic Violence Unit in East
Hawaii on a part time basis for management of the project. It is estimated that the
project manager will need to devote at least 25% of full-time status directly to the
goals and objectives of this project.
I. BUDGET EXPLANATION
I . Salaries and fringe benefits for one full-time Victim Services Coordinator for
one calendaz yeaz: $34,000.
2. At least 10 hours per week for management services directly related to this
project, provided for by existing personnel employed by the department:
$I 1,333.
PART IV. ATTACHMENTS
A. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #31
B. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A)
C. CERTIFICATION OF NON-DISCRIMINATION (AG/CPJAD #15)
D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT
(AG/CPJAD #16)
E. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
PROGRAM (OCR Form, expiration date: 12/31 /98)
F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIG181LITY,
AND VOLUNTARY EXCLUSION (OJP Form 4061 /1)
G. CERTIFICATION REGARDING LOBBYING (required only for awards of
S 100,00 or morel
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 B~
signature: Date:. SEP 17 2002
Name: Lawrence K. Mahuna Title: Actine Police Chief
Agcy, Hawaii County Police Department
AG/CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
ACCEPTANCE OF CONDTTIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Drug Control and System
Improvement Formula Grant Program established under Title VI, Subtitle C, Part E, Subpart 1, ofthe
Anti-Drug Abuse Act of 1988 (Public Law 100-690).
2. Any grant awazded pursuant to this application shall be subject to and will be administered in
confomtity with:
(a) general conditions applicable to administration of grants under Title VI, SubUUe C, Part. E,
Subpazt 1, of the AnU-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(b) conditions applicable to the fists] administration of grants ands Title VI, SubUUe C, Pan E,
Subpart 1, of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), as amended, as
applicable;
(c) any special conditions contained in the grant awazd; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division.
3. Any grant received as a result of this application may be terminated, or fund payment may be
discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial
failure to comply with the foregoing provisions, the application obligations or for non-availability of
funds.
SUBMITTED BY:
Date: SEP 1 1 2~~2
Signature:
Name: Le:wrence K. Mahuna Title: Actine Police Chief
Hawaii County Police Department
Agency:
AG/CPJAD #14 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DISCRIIy1INATION
I certify that the applicant agency will comply with and will insure compliance byits subgrantees and
contractors with the non-discrimination requirements ofthe Omnibus Crime Control and Safe Streets
Act of 1968, as amended, and 42 USC 3789 (d); Title VI of the Civil Rights Act of 1964, as
amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Title II ofthe Americans with
Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; the Departrnent of7ustice Nondiscrimination Regulations 28 CFR Part
42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy disrrim;nation,
28 CFR Part 35 and Part 39. No person shall, on ffie 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 anyprogranr or activity funded in
whole or in part with funds made available under this title from the U.S. Department of Justice
through the Depamnent of the Attorney General, Crime Prevention and Justice Assistance Division.
The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity
Program (EEOP) in accordance with 28 CFR 42.301, et. seq.• it will maintain a current one on file.
Noncompliance with the discrimination regulations may result in the suspension or termination of
funding.
SUBMITTED BY?
.~~~~1 S ~ ~ 7 2eQ2
Signature: ~ r Date: F 1
Name: Lawrence K. Mahuna Title: Ac tine Police Chief
Hawaii County Police Department
Agency:
AG/CPJAD #15 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
I. Hawaii Countv Police Department (hereinafter referred to as
"grantee" certifies that it will provide adrug-free workplace by:
(a) publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) establishing adrug-free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy ofmaintaining adrug-free workplace;
(3) any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that maybe imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by pazagraph (a);
(d) notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Department of the Attorney General, State of Hawaii, within ten (10)
days a$er receiving notice under subparagraph (d) (2) from an employee or otherwise
receiving actual notice of such conviction;
(f) taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD#16 06/02
(1) taking appropriate personnel action against such an employee, up to and
including termination; or
(2) requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain adrug-fi-ee workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
II. The grantee shall insert in the space provided below the site(s) for the performance ofwork
done in connection with this specific grant:
349 Kapiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMTII'ED BY'
Signature: ~ Date: SFP 1 7 ~
Name: Lawrence K. Mahuna Title: Acting Police Chief
Agency: Hawaii County Police Department
AGlCPJAD #16 06/02
CERTIFICATION
Grant Title: Victim Services Coordinator (VAWA)
Grantee Name: Hawaii County Police Department '
Address: 349 Kapiolani Street Contact Person: Ronald Paul Tel.#: 808-961-8883
Hilo, Hawaii 96720
Grant Number: O1-WF-3 Award Amount: $34,000.
Date and effective duration of EEOP:
Policy Statement:
c'FR'rrFTCATION (EEOP ON FILE)
Certification Statement:
I [executive officer], certify that the
[organization] has formulated an Equal
Employment Opportunity Plan in accordance with 28 CFR 42.301, ~ 5~•, subpart E, that it has been signed
into effect by the proper authority and disseminated to all employees, and that it is on file in the Office of
(name),
[address],
[tiUe], for review or audit by officials
of the cognizant State planning agency or the Office for Civil Righu, Office of Justice Programs as required
I~~s and regulations.
~ CEP 17 20Q2
[signature] [title] ~ [date]
('FRTIFICATION (NO EEOP REQUIRED)
I HEREBY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND
THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 29 CFR 42.301, ~ ~Q.
[signature] [title] [date]
OMB Approval No. 1121-0140
Expiration Date: 09/302002
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number. We try to create
forms and instructions that are accurate, can be easily understood, and which impose the least possible
burden on you to provide us with information. The estimated average time to complete and file this
certification is 15 minutes per application. If you have comments regarding the accuracy of this estimate,
or suggestions for making this form simpler, you can write to the Office of Justice Programs, Office for Civil
Rights, 810 7'" Street N.W., Washington, D.C. 20531.
U.S. pEPARTMt:NT OF .1USTtCE
OFFICE OF .7USTICE PROGRAMS
OFFICE OF Tt'IE COMPTROLLER
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
lower Tier Covered Transactions
(Sub-Recipient)
Tina eertlileation to re0vired by the requlatlona implementing Executive Order 125a9, Debarment and
Suapensbn, 28 CFR Part 67, Section b7S10, Participants' rospomlbitities. The regulations were pubuahed
as PaA WI of the May 21i, 1988 federoi RsQlater(pages t91804g2t11.
(BEFORE COSAPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(t) The prospective lower liar participant urtlfies, by submissbn of this proposal, that neither It nor Its
principals are presently debarred, suspended, proposed for debarment, declared Insllylble, or voluntarily
excluded from participation in this tranaacNon by any Federal departmen) a agency.
Where the prospective lower tier participant Is unable to certlly to any of the stplemenis in this eertili•
cation, such prospective participant shall attiCh an explanation to this proposal.,
Lawrence K. Mahuna, Acting Police Chief
Name and T t Authorized Representative
5tP 17 20(~
signature Date
Hawaii County Police Department
Name of Organization
349 Kapiolani Street
Address of Organization
Hilo, Hawaii 96720
pjI fONY tl6f11 MlY. 11Mt h~..aos HK~f M OMOYM