HomeMy WebLinkAboutRES 241 Draft 01 2004-2006 Mtv os y~'
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 241 ~'6
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY
GENERAL, CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION,
PURSUANT TO HRS 46-7, FOR A DOMESTIC VIOLENCE AND SEXUAL ASSAULT
VICTIM SERVICES COORDINATOR GRANT
WHEREAS, the State of Hawaii Department of the Attorney General, Crime Prevention and
Justice Assistance Division has authorized funding for a Domestic Violence and Sexual Assault
(DV/SA) Victim Services Coordinator Grant to the Hawaii County Police Department; and
WHEREAS, this grant will be used to fund a Domestic Violence and Sexual Assault (DV/SA)
Victim Services Coordinator position to service the on-going needs of victims from domestic
violence/sexual assault while their cases remain under investigation; and
WHEREAS, the DV/SA Victim Services Coordinator is responsible for compiling and
presenting statistical reports on the county's domestic violence and sexual assault calls, arrests and
referrals to prosecution; for providing information about police procedures, case status on the victim's
incident, and information and referral to DV/SA advocacy agencies for crisis management or services
as needed; and for engaging in community liaison efforts with other agencies that work with DV/SA
victims, in a collaborative process to develop resources for these victims; and
WHEREAS, the funds provided by the State of Hawaii Department of the Attorney General,
Crime Prevention and Justice Assistance Division are derived from grants provided by the federal
government; and
WI~~~~AS, Hawaii devised 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.
~!®W, THRImF®I~~, IT RCS®LVED ~Y THE C®UNCIIr ®F T~~ C®IJIVTY ~F MAWs41`I,
in accordance with section 46-T, Hawaii Devised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, a contract with the State of Hawaii Department of the
Attorney General, attached hereto and incorporated herein by reference as 1=xhibit "1 to enable the
County to fund a Domestic Violence/Sexual Assault Victims Services Coordinator position.
~ IT FIJRTH~F~ ~~SO~V~D that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Gffice of the Mayor and the Finance and Police Departments.
Dated at xi.1o ,Hawaii, this 20tH day of January , 2006.
INTRODUCED SY:
COUN IL M~MSER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of l~~awai`i
AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the ~?~c;A X
vote indicated to the right hereof adopted by the COUNCIL of HCi'FMA1~N X
the Counh~ of Hawaii on January 20, 2006 HO1.SC11l~H X
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ATTEST 1SFs.LI X
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8 0 1 0
ference C-633/Waivevl FC
COUNTY CLERK ~C{;AIRMAN PRESIDING OFFICER RESOLUTION NO. _
Project Number 04-WF-8
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of January 1, 2006 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-
profit, non-governmental victim services programs are eligible to
apply to states fog subgrants under the eleven broad purpose
areas:
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EXHIBIT "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 anti tracking arrests, protection orders,
violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the
crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
dating violence programs; developing or improving delivery of
victim services to underserved populations; providing
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,
specialized domestic violence court advocates in courts where
a significant number of protection orders are granted; and
increasing repotting and reducing attrition rates for cases
involving violent crimes against women, including crimes of
sexual assault, domestic violence, and dating violence;
(6) developing, enlarging and strengthening programs addressing
stalking;
(7) developing, enlarging and strengthening programs that address
the needs and circumstances of Indian tribes dealing with
violent crimes against women, including the crimes of sexual
assault and domestic violence;
(8) supporting formal and informal statewide, multidisciplinary
efforts, to the extent not supported by state funds, to
coordinate the response of state law enforcement agencies,
prosecutors, courts, victim service agencies, and other state
agencies and departments to violent crimes against women,
including the crimes of sexual assault, domestic violence and
dating violence;
(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
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
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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 regulations (28
C.F.R. Part 33) or c3uidelines (Office of Justice Programs, STOP
Violence Against Women Formula and Discretionary Grant Program
Guidance), and has applied to Agency for receipt of the same as a
subgrantee;
WHEREAS, Agency has reviewed 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
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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 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
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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, 2006 to and including December 31, 2006
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 "Financial and Administrative
Guide for Grants."
2. If so required by Agency, Grantee shall
certify to Agency tYiat any expendable or nonexpendable personal
property purchased or acquired with funds received under this
Contract will be use3 for criminal justice purposes before title
in such property may vest in Grantee. If a certification is not
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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
Workplace Certification are true at the time this Contract is
executed and will remain true throughout the entire term of this
Contract and any extensions, and that Grantee shall fulfill all
the requirements set forth therein. Grantee's execution and
submission of a false Drug-Free Workplace Certification, or
Grantee's violation of any or all of the requirements set forth
therein shall entitle Agency to suspend one or more payments under
this Contract, and/or terminate this Contract pursuant to the
provisions of Section N of this Contract. Grantee warrants that it
is aware that such false certification or violation of the
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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 a
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 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
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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 tc
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
accessible to Agency and the United States Department of Justice
for at least three years after Agency's grant with the Office of
Violence Against Women is closed.
7. Grantee shall comply with all the ordinances,
codes, rules and regulations of the Federal, State and local
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.
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-133.
9. Grantee shall comply with the non-
discrimination requirements of the Omnibus Crime Control and Safe
Street Act of 1968 which prohibits discrimination in employment
and in the delivery oc services or benefits on the basis of race,
color, national origin, religion, and sex; Title VI of the Civil
Rights Act of 1964 which prohibits discrimination in the delivery
of services or benefits on the basis of race, color, and national
origin; Section 504 of the Rehabilitation Act of 1973 and Title II
of the Americans with Disabilities Act of 1990 which prohibit
discrimination in employment and in the delivery of services or
benefits based on disability; Title IX of the Education Amendments
of 1972 which prohibits discrimination on the basis of sex in
training or education programs; and the Age Discrimination Act of
1975 which prohibits ciscrimination in the delivery of services or
benefits on the basis of age; Department of Justice regulations on
disability (nondiscrimination on the basis of disability in the
state and local government services, public accommodations and
commercial facilities, and accessibility standards), 28 C.F.R.
Part 35; Exec. Order Vo. 13279 (equal protection of the laws for
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faith-based and community organizations); Exec. Order No. 13166
and U.S. Department of Justice, Guidance to Federal Financial
Assistance Recipient:; Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English
Proficient Persons; Che Hawaii State Fair Employment Practices
Act, Chapter 378, Hawaii Revised Statutes; and all other
applicable federal and state laws, rules and regulations.
10. Grantee assures Agency that if it is required
to formulate an Equal Employment Opportunity Program 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 Twelve thousand
three hundred seven dollars ($12,307.00) are available as matching
funds to provide the services under this Contract. Grantee shall
maintain records which clearly and accurately show the source,
amount and the timing of match contributions. If, at the end of
the contract period, Agency determines that Grantee does not have
the required matching contribution, Grantee shall return all of
the federal portion of the project cost for which Grantee does not
have the required match.
12. Any funds provided to Grantee under this
Contract which are unencumbered on the date this Contract
terminates shall be returned to Agency; all funds provided under
this Contract which are encumbered but not disbursed within ninety
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(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
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
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• I
ensure that Grantee is capable of satisfying the requirements of
this Contract. All subcontracts shall be reduced to writing and
shall include all provisions of this Contract required of Grantee.
F. SERVICES AS INDEPENDENT CONTRACTOR.
I. Iri the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority r_o 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 employment. The performance of work under this
Contract alone shall i~ot 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
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X
afforded state employees by statutes. Grantee shall be
responsible for payment of all applicable federal, state, and
county fees which may become due and owing by the Grantee by
reason of the Contract, including but not limited to (i) income
taxes, (ii) employment related fees, assessments and taxes and
(iii) general excise taxes. The Grantee also is responsible for
obtaining all licenses, permits and certificates that may be
required in order to perform this Contract.
2. T:7is 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 six
thousand nine hundred twenty dollars ($36,920.00) to be spent for
the purposes of this Contract. This sum represents any and all
compensation to be paid to Grantee for any and all services it
provides, and for any and all travel costs, materials, supplies,
equipment, overhead, taxes, and other incidentals and operating
expenses which it: incurs or may incur in connection with this
Contract.
2. It is covenanted and agreed by and between the
parties hereto that, as to the portion of the obligation under
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this Contract to be payable out of federal funds, this Contract
shall be construed to be an agreement to pay such portion to the
Grantee only out of federal funds to be received from the federal
government when the federal funds are so received and shall not be
construed as a general agreement to pay such portion at all events
out of any funds other than those which are received from the
federal government.
H. METHOD OF PAYMENT.
1. A-~1 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 m.ay deduct an equivalent amount from the next
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payable installment and may withhold payment of the amount of the
moneys equivalent to the questioned expenditures until later
resolution of the discrepancy by audit or other means. If, after
payment of the last installment, investigation and examination
reveal additional expenditures that are determined by Agency to be
inappropriate and unallowable, Agency may require that an
equivalent amount of moneys be refunded to 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 ommissions
of Grantee. Grantee shall indemnify and save harmless the State
of Hawaii, Agency, and their officers, agents, and employees from
and against any and all liability, loss actions, claims, suits,
damages, costs or expenses, including all attorneys' fees, and all
claims, suits, and demands therefor, arising out of or resulting
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1 ,
from the acts or omissions of Grantee, its officers, employees,
agents, or subcontra<:tors 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. Ttiis section shall not be enforced if Grantee
is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
table, map, or study given to or prepared or assembled by Grantee
under this Contract which is identified as proprietary or
confidential information that Agency requests to be kept
confidential shall be safeguarded by the Grantee and shall not be
made available to any individual or organization other than any
subcontractor to which the material may relate, without prior
written approval of Agency. Grantee shall submit a completed
Privacy Certification for review and approval prior to the
expenditure of funds for the collection of identifiable
research/statistical data. All information, data, or other
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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
Lor' 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 in this Contract shall be made by
written supplemental agreement to this Contract and executed by
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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 (~5) days before the Contract would otherwise
terminate, and shall be effective as of the date approved by the
Administrator of the Crime Prevention and Justice Assistance
Division (if requested by Grantee) or Grantee (if requested by
Agency) and made by attaching a party's written request with the
other party's written approval thereon to this Contract. No oral
modification, alteration, amendment, change, or extension of any
term, provision or condition of this Contract shall be permitted.
M. CONFLICT OF INTEREST.
Grantee represents that it presently has no
interest and promises that it shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree
with the performance of the services under this Contract.
N. TERMINATION OF CONTRACT.
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I ~
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
Grantee, under this Contract shall, at the option of Agency become
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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, provision, or condition of this Contract
shall not constitute or be deemed to constitute a waiver or
relinquishment of the Agency's right to enforce the same in
accordance with this Contract. It is expressly understood and
agreed that no waiver granted by Agency on account of any
violation of any promise, term or condition of this Contract shall
constitute or be construed in any manner as a waiver of the
promise, term or condition or of the right to enforce the same as
to any other or further violation.
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P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed of
by mutual agreement within fifteen (15) calendar days, shall be
decided by the Attorney General, or the Attorney General's duly
designated representative, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the decision to
Grantee. The decision of such person shall be final and
conclusive. Pending final decision of such dispute, Grantee shall
proceed diligently with the performance of this Contract in
accordance with Agency's request. The validity of this Contract
and any of its terms or provisions, as well as the rights and
duties of the parties to this Contract, shall be governed by the
laws of the State of Hawaii. Except as otherwise provided in this
Section, any action to enforce this contract or for breach of this
Contract shall be brought only in a State court of competent
jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
Additional conditions may be imposed upon Grantee
by reducing them to writing and designating them as exhibits to
this Contract. Any such exhibit shall be attached hereto and
thereby incorporated herein.
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DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
235 South Beretania Street, Suite 401
Honolulu, Hawaii 96813
APPL/CATION FOR S. T. O. P. VIOLENCE AGAINST WOMEN GRANT
PART 1. TITLE PAGE
A. PROJECT TITLE: nv/SA vic-tim Services Coordinator
B. APPLICANT AGENCY: Hawaii County Police Department
C. ADDRESS: 349 Kapiolani Street Hilo Hawaii 96720
D. PROJECT PERIOD: Januarv 1 2006 to December 31, 2006
E. AUTHORIZED PROGRAM PURPOSE: ~
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT
Federal Funds 75 36,920
Agency Match 2 5 12 , 307
TOTAL 100 49,227
G. PROJECT DIRECTOR: ~arl_Hatada Title: _ Lieutenant
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: {808) 961-2254 FAX: _(808) 961-2327
H. FINANCIAL OFFICER: f(av NiShibayaGhi Title: Accountant IV
Address: 349 Kapiolani Street, Hilo, Hawaii 96720
Phone: (808) 961-2273 FAX: (808) 961-2390
FOR CPJA USE
Date Received: , 2005 Project Number: ~`1'-W~' DO
AG/CPJA #1-VAWA (2/96)
EXHIBIT A
PART II DESCRIPTION OF PROJECT
A. PROBLEM
Domestic Violence continues to be a challenge for the County of Hawaii. While
national statistics indicate a decline in Abuse as much as 59%, for the County of
Hawaii, Abuse cases have increased. Statistical data is collected and maintained by
the HCPD's Domestic Violence and Sexual Assault Victim Services Coordinator, and
indicates that for the year 2004, 1057 cases of Abuse were initiated island wide for
the County of Hawaii in comparison to 758 cases island wide for the year 2003.
For the period 1/1/2005 through 11/15/2005 a total of 749 abuse cases were
initiated. Of the 749 abuse cases, 290 were in South Hilo, 10 in Hamakua, 171 in
Kona, 32 in Kau, 7 cases in North Hilo, 23 in North Kohala, 174 in Puna and 42 in
South Kohala. This does not include the 325 cases initiated island wide for violation
of a protective order for the same period.
The coordinator is responsible for compiling and presenting statistical reports on
the county's domestic violence and sexual assault calls, arrests and referrals to
prosecution. This data provides the HCPD with a tool for developing strategic
planning on departmental resources and identifying training needs in the
administrative and field levels.
Previously, the Prosecutors Office contacted victims where warning citations
were issued. Under current procedures Prosecutors do not contact victims where
warning citations were issued nor do prosecutors see abuse cases that are being
investigated until deferred to them. This leaves victims and their families with no
outreach after the initial response by police.
As part of the position's responsibilities, the Victim Services Coordinator calls all
adult female victims of Abuse including those where warning citations were issued.
Many times these victims have no phone numbers. Most victims are hesitant to talk
but all are willing to take the Victim Services Coordinator's phone number down.
The coordinator provides information about police procedures, case status on the
victim's incident if requested, and information and referral to domestic violence
and/or sexual assault advocacy agencies for crisis management or services as
needed. A brochure describing the services of the coordinator was recently
developed for victims.
The coordinator also engages in community liaison efforts with other agencies
that work with domestic violence and sexual assault victims, in a collaborative
process to develop resources for victims in Hawaii County. These have recently
included an informational session on domestic violence, in conjunction with Hawaii
2
County Immigration Specialist, Rose Bautista, to the Micronesian Community and
further development of the same for Immigrants in general. In addition, the
Prosecuting Attorneys Office and University of Hawaii Women's Center, are working
together with this agency in developing a curriculum for sensitivity training focused
toward police personnel.
The anticipated result of the project is to increase the knowledge and capability
of the department in responding to domestic violence and to improve through input the
coordination of governmental and private agencies in the community responding to
domestic violence.
B. GOALS AND OBJECTIVES
This project focuses on improving the departments' response to domestic violence
through the following objectives:
• Maintain the current statistical data base and improve the efficiency of
data through monthly data updates and issuance of reports on the HCPD
domestic violence and sexual assault cases.
• Improve training for department through input of statistical information
and assisting the training division and detective specifically assigned to
domestic violence training in at least one training event per month.
• Increase contact with victims by at least 10% from the previous project
period.
• Improve coordination of community providers through participation in at
least 2 meetings or joint presentations per quarter with other community
agencies providing domestic violence/sexual assault services to victims.
C. PROJECT ACTIVITIES
• Maintenance of data base and production of monthly reports to HCPD
administration and to other agencies as approved by HCPD.
• Maintenance of victim contact log to demonstrate an increase in contact
with victims by 10%.
• Assist JAS Area 1 Detective assigned to DV with in-service training once per
month.
3
t .
Improve coordination of governmental and private agencies by providing
input while attending 2 meetings per quarter.
D. PROJECT ORGANIZATION AND MANAGEMENT
The project will be under the control of Captain Chadwick Fukui of the Criminal
Investigation Division, Police Headquarters, Hilo, Hawaii. Captain Fukui will report
to the Assistant Chief of Investigative Operations on the status of the project,
operation, goal attainments, and overall progress.
The staff will be under the control of Lieutenant Earl Hatada of the Juvenile Aid
Section, situated in Police Headquarters, Hilo, Hawaii. Lieutenant Hatada will
report to Captain Chadwick Fukui on the status of the project and ensure
compliance with the project guidelines and requirements.
The Domestic Violence Unit East Hawaii (Area 1) detective, Andrea Mejia, will
serve as the project manager. It shall be Detective Mejia's responsibility to
facilitate and provide the training to police personnel and oversee the Victim
Services Coordinator.
The Victim Services Coordinator will work directly with Detective Mejia. The
Victim Services Coordinator will be responsible for fulfilling the project activities.
E. PERSONNEL/BIOGRAPHIES
Resumes of assigned personnel will be provided.
F. PARTICIPATING AGENCIES
This project will incorporate social service/victim services agencies in the County of
Hawaii that provide direct services to victims of domestic violence and sexual assault.
Agencies that are available for referrals and to assist in training include:
Office of the Prosecuting Attorney
Hawaii County Immigration Office
YWCA Sexual Assault Empowering Alternatives
Alternatives to Violence
Family Court of the Third Circuit
Child & Family Services
4
G. EVALUATION
Data Collection and maintenance will be the responsibility of the Victim Services
Coordinator. Evaluation will be based on the following project activities:
• Maintenance of data base and production of monthly reports to
HCPD administration and to other agencies as approved by HCPD.
• Maintenance of victim contact log to demonstrate an increase in
contact with victims by 10%.
• Assist JAS Area 1 Detective assigned to DV with in-service training
once per month.
• Improve coordination of governmental and private agencies by
providing input while attending 2 meetings per quarter.
5
PART III. BUDGET DETAIL AND EXPLANATION
Cost Element Amount
1. Salaries And Wages
Postion Title Monthly Salary
Victim Services Coordinator $2,324/mo x12 = $27,888.00
Fringe rate 12.66% x $27,888 = $ 3,531.00
Detective -DVU East Hawaii (Area 1)
[*Agency Match] $28.25/hrx 36.31/mo x 12 $12,307.00*
Total Salaries and Wages $43,726.00
2. Consultants
None
3. Transportation and Subsistence
Victim Services Coordinator Skill Training
Airfare & per diem (mainland or interisland) $ 1,500.00
4. Supplies, Postage, Printing, Etc. (itemize)
Brochure Paper 35.00 X 6 reams $175.00
Supplies $ 50.00
Postage $126.00
5. Other Costs (Specify)
(3) Digital Cameras (document abuse injuries & scene for prosecution) $3,400.00
Videos/CD's DV/SA Education/Training $ 250.00
Total Project Costs $49,227.00
6
BUDGET EXPLANATION
Salaries And Waaes
Salary wage & Fringe Benefit will support (1) full time position, Victim Services
Coordinator, required to staff this program.
Transportation And Subsistence
Victim Services Coordinator to attend National Coalition Against Domestic Violence
Conference Organizing for Collective Power in July 2006 and/or other pertinent
conferences/training sessions which enhance the knowledge and improve skills of the
coordinator.
Other Equipment
The (3) Digital Cameras will be distributed between DV Units in East and West Hawaii
Districts, (2) for East Hawaii and (1) for West Hawaii. The Detectives in these units
will use these omeras for documenting injuries of abuse victims and crime scenes
during investigation. These photos as evidence will be used in the prosecution of
offenders.
PART IV. ATTACHMENTS
Al] appropriate forms must be completed and signed by an authorized person. The following forms
MUST be attached as part of the application by all applicant agencies.
A. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A)
B. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3)
C. CERTIFICATION OF NON-DISCRIMINATION (AG/CPJAD #15)
D. CERTIFICATION (EQUAL EMPLOYMENT OPPORTUNITY PROGRAM)
(OCR form; expiration date: 09/30/2002)
E. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT
(AG/CPJAD #16)
F. CERTIFICATION REGARDING DEBARMENT. SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION (OJP Form 4061/1)
Special Certifications/Clearance (to be submitted ONLY if applicable to your agency):
1. CERTIFICATION REGARDING LOBBYING (AG/CPJAD #22)
Required only for awazds of $100,000 or more.
2. State and IRS Tax Clearance (Form A-6)
Required for private, non-profit organizations.
ACCEPTANCE OF CONDITIONS
The undersigned agrees, on behalf of the applicant agency, that:
1. This project, upon approval, shal] constitute an official part of Hawaii's Violence Against
Women Formula Grant Program established under Title N 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 N of the
Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-
322, as applicable;
(b) conditions applicable to the fiscal administration of grants under Title N of the
Violence Crime Control and Law Enforcement Act of ] 994, Public Law No. 103-
322, as applicable;
(c) any special conditions contained in the grant awazd; and
(d) general and fiscal regulations of the Crime Prevention and Justice Assistance
Division.
3. Any grant received as a result of this application maybe 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: (SEC ~ 2005
Name: ~ LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #]4A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal ftmds 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:- ~E~ ~ 20~
Name: D' LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII COUNTY POL7CE DEPARTMENT
AG/CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF NON-DIS CRIIvIINATION
I certify that the applicant agency will comply with and will insure compliance by its subgantees and
contractors with the non-discrimination requirements of the 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 of the 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 Department ofJustice Nondiscrimination Regulations 28 CFR Part
42, Subparts C, D, E, and G; and the Department of Justice regulations on disabilitiy discrimination,
28 CFR Part 35 and Part 39. No person shall, on the gourds 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 anyprogam or activity funded in
whole or in part with funds made available under this title from the U.S. Deparhnent of Justice
through the Department of the Attorney General, Crime Prevention and Justice Assistance Division.
The applicant agency also certifies that, if required to formulate an Equal Employment Opportunity
Progam (EEOP) in accordance with 28 CFR 42.30], et. seg•, it will maintain a current one on 51e.
Noncompliance with the discrimination regu]ations may result in the suspension or termination of
funding.
SUBMITTED BY:
Signature: ~ Date: n~~ ~ Z~~
Name: D' LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #15 06102
CERTIFICATION FORM
Recipient Name and Address: HAWAi I COUNTY POLICE DEPARTMENT
Grant Title: DV/SA VICTIM SERVICES COORDGrantNumber: Award Amount: C49 777.00
Contac[PersonNameandTitle: EARL HATADA. LIEUTENANT PhoneNumber:~08) 961-2254
Federal regulations require recipients of financial assistance from the Office of Justice Programs (O1P), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to O1P for review, and implement an Equal
Employment Opportunity Ptan (ESOP) in accordance with 28 C. F.R 42.301 -.308. The regulations exempt some ttcipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Sectloa B
below. A recipient should coutplete either Section A or SeeNon B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed end on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office Cor Civil Rights, Office of Justice Programs,
U.S. Depanment of Justice, 810 7'^ Street, N.W., Washington, D.C. 20531, For assistance in completing this form, please call (202)307•
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. PJenae check aJJ rke bole: lnor
app!v
? Recipient has less then 50 employees, ? Recipient is en Indian tribe,
? Recipient is anon-profit organization, ? Recipient is an educational institution, or
? Recipient is a medical institution, O Recipient is receiving an award less then $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 Dste
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less then $500,000,
then the recipient agency does not have to submit an EEOP to OlP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, T T~WRFNC'F K _ MAHJJNA (reSpOOSibie Offlelaf], certify that
the HAWATr COUNTY POfTCE DEPARTMENT [recipient],whichhasSOormore
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the ESOP has been fotmulated and
signed into effect within the pas[ two years by the proper authority and that it is available for review. The EEOP is on file in
the office o£ (organization],
at (address],for review by the public and
employees or for review or audit by officials of the relevant state plarming agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by releva
t~egulations. P^ n~
tt1~\ryo(-LvA_W_RENCE K._MAHUNA,_ POLICE CHIEF DEC ~ ZOOS
?rint or type Name and Title Slgnatur~ Date
OMB Approval No. 1121-0140 Expiration Date: 01/31 06
. ,
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIltEMENTS
I. LAWRENCE K. MAHUNA (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 progams; and
(4) the penalties that may be imposed upon employees for drug
abuse violations;
(c) making it arequirement that each employee to be engaged in the performance ofthe
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
occwring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Department of the Attorney General, State of Hawaii, within ten (10)
days after receiving notice under subparagraph (d) (2) from an employee or otherwise
receiving actual notice of such conviction;
(f) taking one of the following actions with respect to any employee who is so
convicted:
AG/CPJAD #16 06/02
(1) taking appropriate personnel action against such an employee, up to and
including termination; or
(2) requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain adrug-&ee workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (fj.
A. The grantee shall insert in the space provided below the site(s) for the performance of work
done in connection with this specific grant:
~a9 Kaoiolani Street
Street Address Street Address
Hilo, Hawaii 96720
City, State, Zip Code City, State, Zip Code
Hawaii
County County
SUBMITTED BY: QQ
Signature: C' Date: Q~C ~ ~~0~
Name: ~ LAWRENCE K. MAHUNA Title: POLICE CHIEF
Agency: ~J HAWAII COUNTY POLICE DEPARTMENT
AG/CPJAD #16 06/02
U.S. DEPARTMENT OP JUSTICE
~~`~~r'~~ OFFICE OF JUSTICE PROGRAMS
.'r OFFICE OF TMf COMPTROLLER
CertHication Regarding
Debatmeni, Suspension, Ineligibility and Voluniary Exclusion
Lower Tier Covered Transactions
(Sub-Recipient)
This cenillcation Is revuired by the reputations Implamentlnp Executive Order 12549, Debarment and
Sugponslon, 28 CFR Pan 67, Section 67.510, Participants' rosponslbllities. The regulations were published
as Pere VII of the May 26, 1988 federal Re9isler (papos 19760.19271),
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(t) Ttte prospectivo lower tier participant certllles, Dy submission of this proposal, that neither It nor Its
principals are presently debarred, suspended, pr~~d for debarment, declared Ineligible, or voluntaNty
excluded from participation in this transaction by any Federal deparlmen~ or agency.
Where Iho prospective lower tier participant Is unable to certlly to any o1 the statements in this cCrtifi•
catlan, such prospective participant shall attach an explanation to this proposal„
LAWRENCE K. MAHUNA / POLICE CHIEF
ame and TIIIC o1 Aut/h~orized Representative
Slgnaturo Date
_ HAWAII COUNTY POLICE DEPARTMENT
Namo of Organization
349 KAPIOLANI STREET, HILO, HAWAII 96720
Andress of Organization
O;9 fO$Y ~Il~61LV 1M1PT•T,1 H!Ml LY CLfOY4