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HomeMy WebLinkAboutCOM 0048.004 2006-2008 N1Y W M~ Harry Kim Lawrence K. Mahone Moyor Police Chief ~ • ,~r . • y. Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT February 7, 2007 349 Kapiolani Street • Hilo, Hawaii 967203998 (808)935-3311 Fax (808)961-8869 TO PETE HOFFMAN, COUNCIL CHAIR AND COUNCIL MEMBERS VIA NNA SA ,CONTROLLER {Ok'Q/~-.(~y~f. e=> i-l~,asr w.- - FROM L CE K. MAHUNA, POLICE CHIEF ('i ~ rT^ SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 06-79, Section 7(1) rD Name of Grant Program: DV/SA Victims Services Coordinator Federal or State Grantor: State Department of the Attorney General Crime Prevention and Justice Assistance Division County Grantee Department/Agency: County Police Department Grant No.: 05-WF-06 Amount of Grant: $53,552.00 Amount of County Match: $13,388.00 County Revenue & Expenditures Acct 010-201-5216.04 & 3303.14 Grant Period: February 1 -May 31, 2007 Purpose of Grant: To provide funding for a victims services coordinator to service the on-going needs of victims of domestic violence/sexual assault while cases remain under investigation. If final report required by grantor? yes O~ Comm. fvo,~0_• Notification Attached: yes Ref. To: Rsf, Date FEB )4 201 "Hawai'i County is an Equal Opportunity Provider and Employer" ~ 4 Project Number O5-WF-06 C O N T R A C T THIS CONTRACT, executed on the respective dates indicated below, is effective as of March 1, 2007, 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 for subgrants under the eleven broad purpose areas: Rev. 08/04 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 crimes of sexual assault and domestic violence; (5) developing, enlarging, or strengthening victim services programs, including sexual assault, domestic violence, and Rev. 08/04 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 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, Rev. 08/04 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 regulations (28 C.F.R. Part 33) or guidelines (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; Rev. 08/04 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 Rev. 08/04 5 hereto as Exhibit "A" and by reference incorporated herein. It is understood that this Contract includes as a part hereof any rules, relevant directives or instructions issued by the United States or the Agency, including the provisions of the federal Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guideline Manual entitled "Financial and Administrative Guide for Grants." B. TERM OF CONTRACT. This Contract shall be in effect for the period from March 1, 2007 to and including May 31, 2007 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." Rev. 08/04 6 • 2. If sc recuired by Agency, Grantee shall certify to Agency that any expendable or nonexpendable personal property purchased or acquired with funds received under this Contract will be used for criminal justice purposes before title in such property may vest in Grantee. 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 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 Rev. 08/04 ~ • false Drug-Free Workplace Certification, or Grantee's violation of any or all of the requirements set forth therein shall entitle Agency to suspend one or more payments under this Contract, and/or terminate this Contract pursuant to the provisions of Section N of this Contract. Grantee warrants that it is aware that such false certification or violation of the requirements contained in the Drug-Free Workplace Certification shall subject the State of Hawaii to government-wide suspension or debarment, or other sanctions which, in turn, shall result in the withdrawal of funds from Grantee and/or the unavailability of future funding for Grantee. 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. Rev. 08/04 8 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 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 Rev. 08/04 9 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 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 of 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 Rev. 08/04 disability; Title IX cf 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 discrimination 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 No. 13279 (equal protection of the laws for faith-based and community organizations); Exec. Order No. 13166 and U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes; and all other applicable federal and state laws, rules and regulations. 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 Thirteen Thousand Three Hundred Eighty Eight dollars ($13,388.00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records Rev. 08/04 II 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 (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. Rev. 08/04 12 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. 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 Rev. 08/04 ~3 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 not be construed as employment with the State of Hawaii and shall not entitle Grantee's agents and employees to vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of all applicable federal, state, and county fees which may become due and owing by the Grantee by reason of the Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments and taxes and (iii) general excise taxes. The Grantee also is responsible for obtaining all licenses, permits and certificates that may be required in order to perform this Contract. Rev. 08/04 ~4 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 Forty Thousand One Hundred Sixty Four dollars ($40,164.00) to be spent for the purposes of this Contract. This sum represents any and all compensation to be paid to Grantee for any and all services it provides, and for any and all travel costs, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses which it incurs or may incur in connection with this Contract. 2. It is covenanted and agreed by and between the parties hereto that, as to the portion of the obligation under this Contract to be payable out of federal funds, this Contract shall be construed to be an agreement to pay such portion to the Grantee only out of federal funds to be received from the federal government when the federal funds are so received and shall not be construed as a general agreement to pay such portion at all events out of any funds other than those which are received from the federal government. H. METHOD OF PAYMENT. Rev. 08/04 1S . 1. All funds available for use under this Contract shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. _ 2. Payments to Grantee under this Contract shall be made in accordance with and subject to the following provisions: a. Payments shall be made monthly upon receipt of Grantee's completed request for funds. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Rev. 08/04 ~6 Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the applicable deadline will result in the withholding of payments until such time as the reports are received by Agency. Grantee shall continue to provide the services, programs and activities during the period that payments are being withheld. I. INDEMNIFICATION. 1. It is strictly understood that the State of Hawaii shall in no way be held liable for any damages, cause of action or suits resulting from the acts, activities or omissions of Grantee. Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all liability, loss actions, claims, suits, damages, costs or expenses, including all attorneys' fees, and all claims, suits, and demands therefore, arising out of or resulting from the acts or omissions of Grantee, its officers, employees, agents, or subcontractors occurring during or in connection with the performance of Grantee's services under this Contract, or arising out of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of Hawaii, Agency, and their officers, agents, and employees against any such action Rev. 08/04 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 written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. 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 Rev. 08/04 ~S this Contract, and all such material shall be considered "works made for hire". No summary, report, map, chart, graph, table, study or other documents or discovery, invention, or development produced in whole or in part with funds made available under this Contract shall be the subject of an application for copyright or patent by or on behalf of Grantee, its officers, agents, or its employees, or its subcontractors without prior written authorization from Agency. L. MODIFICATION OF CONTRACT. Any modification, alteration, amendment, or change to this Contract other than to the "Application For Grant" (attached hereto as part of Exhibit "A") or to the period during which this Contract is in effect in Section B, including increases (subject to the availability of funds) or decreases in the amount of compensation, permitted in this Contract shall be made by written supplemental agreement to this Contract and executed by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention 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 Rev. 08/04 1~ period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching a party's written request with the other party's written approval thereon to this Contract. No oral modification, alteration, amendment, change, or extension of any term, provision or condition of this Contract shall be permitted. M. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services under this Contract. N. TERMINATION OF CONTRACT. 1. If, for any cause, Grantee refuses or fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or any extension thereof, or if Grantee breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of and Rev. 08/04 2~ opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by Agency, Agency shall have the right to terminate this Contract by giving written notice to Grantee of such termination ten (10) calendar days before the effective date of such termination. The Grantee shall continue performance of the Contract to the extent it is not terminated. Notwithstanding termination of the Contract, and subject to any directions from the Agency, the Grantee shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Grantee in which the Agency has an interest. 2. Furthermore, Agency may terminate this Contract without statement of cause at any time by giving written notice to Grantee of such termination at least thirty (30) calendar days before the effective date of such termination. 3. In the event of termination of either type, all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other written material prepared by Grantee, under this Contract shall, at the option of Agency become Agency's property and, together with all information, data, reports, records, maps, and other materials (if any) provided to Grantee by Agency, shall be delivered and Rev. 08/04 21 surrendered to Agency on or before the effective date of termination. 4. Grantee shall be entitled to receive only such compensation as shall have been satisfactorily earned prior to the effective date of termination. Agency shall determine the amount of work satisfactorily completed and the amount of compensation satisfactorily earned. If the termination is for cause, any other provisions to the contrary notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. O. WAIVER. The failure of the Agency to insist upon strict compliance with any term, provision, or condition of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the Agency's right to enforce the same in accordance with this Contract. It is expressly understood and agreed that no waiver granted by Agency on account of any violation of any promise, term or condition of 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. Rev. 08/04 22 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. Rev. 08/04 23 IN WITNESS WHEREOF, the parties hereto have executed this Contract. ~'~~12~V tCD AG (u~op.~?.'. DEPARTMENT OF THE ATTORNEY GENERAL r(1 N STATE OF HAWAII ("AGENCY") ~e~ ~ ~or,..YGR.u.,,cal e~ ~1~ By APPROVE AS TO ORM: Print ame Mark J. Bennett ' Its Attorney General ~c0.nc,u CJc*-~ Date S~':~79 Zi'.~ Deputy tto ey General Stat of Hawa'i HAWAII COUNTY POLICE DEPARTMENT ("GRANTEE") APPROVED AS TO FORM AND LEGALITY: ~0 ~,~j~(~ BY " " P PORATIO ~OUNSEL Print Name _1 DIXIE KAEfSU OF HAWAII Title _ Managih0 DUecta Date 27 ~ Date ~EC ~ ~ 2~~6_- _ APPROVAL RECClMKENDED Approved as to Availability of Funds ~ Fi/e .,n/(~~ In the amounts pnd for the purposes ~ ~ ~ s~t forth h~retn. Print- Nane (nn1 i Title AC(twrLPOL1GE G~ !~/b/L~- Date DIRECT R OF fINANCE DEC 14 2006 Rev. 08/04 24 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On DEC 2 8 2006 ,before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that DIXIE KAETSU is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. O t-t.A'!!!L'! VIR NIA M. TOLENTINO No ry Public, State of Hawaii My commission expires: 4/22/2009 ``~~~~~,~M~ 7p~E~~ t `y«f~j,F~,oc ~µp~P ~ DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 235 South Beretania Street, Suite 401 Honolulu, Hawaii 96813 APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART 1. TITLE PAGE A. PROJECT TITLE: DV/SA Victim Services Coordinator B. APPLICANT AGENCY: Hawaii Police Deaartment C. ADDRESS: 349 Kaoiolani Street, Hilo, HI 96720 D. PROJECT PERIOD: March 1, 2007 TO May 31, 2007 E. AUTHORIZED PROGRAM PURPOSE: Training F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 75% $40,164.00 Agency Match 25% $13,388.00 TOTAL 100% $53,552.00 G. PROJECT DIRECTOR: Earl Hatada Title: Lieutenant, JAS. Area 1 Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: 808-961-2254 FAX: 808-961-2327 H. FINANCIAL OFFICER: Kay Nishibayashi Title: Accountant IV Address: 349 Kapiolani Street, Hilo, HI 96720 Phone: 808-961-2273 FAX: 808-961-2390 FOR CPJA USE Date Received: ~ ' ~ ~ . Project Number: ~ S - V~/ , ~ (o AG/CPJA #1-VAWA (2/96) Exhibit A PART II. DESCRIPTIO?v OF PROJECT A. THE PROBLEM Statistical data is collected and maintained by the Domestic Violence Sexual Assault Victim Services Coordinator. 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. The data provides HPD with a tool for developing strategic planning on departmental resources and identifying training needs in the administrative and field levels. The collection of data reveals not only the magnitude of the problem but the impact of police performance. For example, the Puna district which maintained a high arrest rate saw a slight decline in abuse case numbers from 2004 and into 2006. Did the high arrest rate produce less abuse or less reporting? Because data can be misleading, diligent surveillance is imperative to understanding the domestic violence problem. Besides high unemployment, substance abuse, low literacy, and population increase, this particular district is further challenged by poor roads that stretch deep into isolated rural areas compromising police response time. County of Hawaii Research and Development projected district population for 2005 at about 36,351. Officers in the field reported victims were increasingly uncooperative and offenders were fleeing the scene. The VSC began looking at Assault cases involving intimate partners or family household members and where abuse numbers declined, assault numbers were present. Between January 2006 and July 2006 assault cases involving intimate partners or family members totaled 29 and of those (9) Hilo, (9) Puna; (1) Hamakua; (5) Kona; (2) Kau; (1) N. Kohala and (2) S. Kohala. As strangulation is a precursor to the use of a weapon, the coordinator looked at strangulation in these abuse and assault cases and found 39 reports of strangulation (13) Hilo, (12) Puna, (2) N. Hilo, (3) Hamakua, (3) Kau, (5) Kona and (2) S. Kohala. Other related domestic violence cases investigated during the period January - July 2006 for the County of Hawaii include (2) Attempt Murder, (2) Murder, (2) Suicide, (4) Kidnapping, (4) Unlawful Imprisonment, (21) Terror Threats, and (3i4) Violation of Orders which include TRO-Harassment. The monthly report for Apri] 2006 submitted by the DV/SA coordinator indicated 86 cases drawn for sex assault for the period January 1, 2006 through April 30, 2006. Of those 86 cases (53) were for juveniles aged 17 and below. For the same period in 2005 the total sex assault cases for the county of Hawaii was 75. East Hawaii, SANE, Merle Endo, reports sex assault exams for the period January 1, 2006 through June 30, 2006 total (19) for Area I, East Hawaii. Of those 19 exams (14) were pre 72 hours and (5) post 72 hours. Of those 19 exams (8) were for juveniles ages l4 and younger and (11) for victims aged 14 and older. Mandatory arrest in abuse cases is effective in holding offenders accountable but public outreach promotes victim safety. Strategically, the coordinator forwarded to police districts domestic violence brochures, which are also on display in the drivers license division. 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. While agencies hold trainings for service providers, there is little to no domestic violence/sexual assault public outreach efforts. Training opportunities are not transferred between government and non governmental service agencies fragmenting a coordinated community response. Domestic violence/sexual assault brochures can be located in the offices of service agencies for those who are mandated to a program or need specific services. Communities are isolated from access to information which is compounded by insufficient public transportation. Imperative to victim safety is the ability to identify abuse. The coordinator has addressed the need for domestic violence public outreach in several service agency meetings. The coordinator has spoken very briefly with HPD Administration/Training, Community Police, and Public Relations sections about the need to bridge the outreach gap. As part of the position's responsibilities, the Victim Services Coordinator calls all adult female victims where cases are pending investigation or warning citations issued. The DV/SA coordinator is not a victim advocate but can refer victims to crisis intervention services or give information on their case if requested. Since January 1, 2006 through June 30, 2006 the coordinator has reviewed 479 Abuse incident sheets, 13$ sexual assault incident sheets, and 245 violation of order incident sheets. The coordinator has mailed to victims police brochure, prosecutors safety plan, and where applicable Crime Victim Compensation applications and brochures from Volunteer Legal Services Hawaii. The monthly reports to administration provide data that can be used in developing a strategic plan to address crimes of sex assault and domestic violence. What remains to be solved: the delivery of domestic violence and sex assault outreach information to protect members of the community. The DV/SA coordinator will work with sworn personnel by providing input through data and assist in facilitating community meetings for the agency. B. GOALS .AND OBTECTIVES GOAL Increase knowledge and capability of the department in responding to domestic violence and sex assaults. OBJECTNE 1. 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. 2. 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. 3. Update police training material on domestic violence and sex assault to be used in departmental training and community presentations 4. Increase contact with victims by at least 10% from the previous project period. 5. Improve coordination of community providers through participation in at least two meetings or joint presentations per quarter with other community agencies providing domestic violence/sexual assault services to victims. C. PROJECT ACTNITIES Specific performance indicators will be: Maintain data base and produce monthly reports to HCPD administration and to other agencies as approved by HCPD. Maintain victim contact log to demonstrate an increase in contact with victims by 10% from previous project period. Assist JAS Area I 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 or presentations per quarter. D. PROJECT ORGANIZATION AND MANAGEMENT The Project Manager will be the Domestic Violence Unit Detective, Samuel Jelsma. Overseeing Detective Jelsma in the Juvenile Aid Section, is Lieutenant Earl Hatada. Lieutenant Hatada will report to the Captain of the Criminal Investigation Division (CID) East Hawaii on the status of the project. E. PERSONNEL The project requires the employment of a full time Domestic Violence/Sex Assault Victim Services Coordinator. Review police daily bulletin cross checking case numbers and incident sheets for abuse, violation of order, sexual assault, assault involving intimate partners or family household members, and other related case numbers. The data from incident sheets such as names, date of report, disposition and injuries aze entered into domestic violence/sex assault data base. Make telephone contact with adult victims where cases are pending investigation or where warning citations issued. Refer victims to services for crisis management. Mail to contacted victims safety plan, police brochure and where applicable crime victim compensation application. Maintain victim contact log. Produce monthly statistical report to police administration on the domestic violence sex assault problem for the county of Hawaii. The coordinator will attend monthly meetings with non government and government agencies that service victims of domestic violence and sex assaults. F. BRIEF PERSONNEL BIOGRAPHIES The Project Manager will be the Domestic Violence Unit Detective, Sam Jelsma. The continued employment of the DV/SA Victims Services Coordinator is Lillian Tavares, formerly known as, Lillian Sazsfield. Ms. Tavares was a former police radio dispatcher and supervisor with the Hawaii Police Department for 11 yeazs. She did volunteer work in the Office of the Prosecuting Attorney Domestic Violence Unit under Susan Hefte]- Liquido from October 1994 to May 1995. In October 2001 Ms. Tavares began working with Lloyd Van De Caz, Family Law attorney until August 2004. Ms. Tavares is a senior at the University of Hawaii Hilo working on her bachelors degree in cultural anthropology. G. PARTICIPATING AGENCIES Other Participating Agencies include but not limited to: Office of the Prosecuting Attorney, Family Court of the Third Circuit, Turning Point For Families, Child & Family Services, Department of Human Ser~~ices, County of Hawaii Immigration Specialist, and YWCA Empowering Alternatives Sex Assault Program. H. PROJECT EVALUATION The criteria for project evaluation will consist of the following: Maintain data base and produce monthly reports to HCPD administration and to other agencies as approved by HCPD. Maintain victim contact log to demonstrate an increase in contact with victims by 10% from previous project period. Assist JAS Area I 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 or presentations per quarter. PART III. BUDGET DETAIL AND EXPLANATION A. SALARIES AND WAGES Position Monthly Salary Victim Services Coordinator $2,601/mo x12 = $31,212.00 B. FRINGE BENEFITS Fringe rate 12.66% x $31,212.00 3,952.00 C. CONSULTANTS None D. TRANSPORTATION AND SUBSISTENCE Victim Services Coordinator Skill Training $2,500.00 Attend training to improve skills of coordinator in building a community response to improve services for victims. Training undetermined at this time. E. OFFICE SUPPLIES Paper, printing $ 500.00 Print domestic violence sex assault educational resources for field personnel to deliver to victims. These resources include safety plans, information on shelters, restraining orders, and immigration. F. OTHER COSTS Police Educational and Training Material $2,000.00 Update training resources on domestic violence and sex assault investigations for field personnel. Purchase educational resources for training and presentations. G. TOTAL PROJECT COSTS $40,164.00 H. AGENCY MATCH A) Salaries and Waees 1- DVU DETECTNE * $13,388.00* TOTAL $53,552.00 Federal $40,164.00 25%AgencyMatch $13,388.00* TOTAL $53,552.00 *The Hawaii Police Department will use part of the supervising detective's salary for the agency match. PART IV. ATTACHMENTS • Acceptance of Conditions ~ACicrran #iaa> • Cert. Of Non-Supplanting ~acicrJAn #s> • Cert. Of Non-Discrimination ~aGicraAn #is~ • Cert. Re: EEOP • Cert. Re: Drug-Free Workplace ~ACicrJAn #i6> • Cert. Re: Debarment ~oJr Form ao6iii~ .ACCEPTANCE OF CONDITIONS The undersiened agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against Women Formula Grant Program established under Title 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 1994, 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: QCT ~ ~ 2006 Signature: Date: Name: Lawrence K. hlahuna Title: Police Chief Agency: Hawaii Police Department AG/CPJAD'~14A (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 funds that would, in the absence of such federal aid, be made availab]e for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY:~ Dater QCT ~ ~ li)0~ Signature: Name: Lawrence K. Mahuna Title: Police Chief Hawaii Police Department Agency: AG/CPJAD #3 06/02 _ DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-DISCRIIyIINATION I certifythat the applicant agencywill complywith andwill insurecompliancebyits 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 ] 973, as amended; Title II ofthe Americans with Disabilities Act (ADA) of 1990; Title DC of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 38 Cp'R Part 42, Subparts C, D, E, and G; and the Department ofJustice regulations on disabilitiy discrimination, 28 CFR Part 35 and Part 39. No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with anyprogram or activity funded in whole or in part with funds made available under this title from the U.S. Department of Justice through the Department of the Attorney General, Crime Prevention and Justice Assistance Division. 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 acurrent one on file. Noncompliance with the discrimination regulations may result in the suspension or termination of funding. SUBMITTED BY~ OCT" ~ ~ ZOG~ Signarure: Date: Name: Lawrence K. Mahuna Title: Police Chief Agency: Hawaii Police Deaartment AG/CPJAD #15 06/02 . CERTIFICATIOa FORM Recipient Name and Address: Hdwd i 1 Police Department Grant Title: DV/$A Victim Svcs. Coordinator Grant:Vumber: Award Amount: 5 55 0 Contact Person Name and Title: John Anchetd, Acting LieUtendnt Phone Number: (808) 961-2254 Federal regulations require recipients offinancial 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 Plan (EEOP) in accordance with 28 C.F.R 32.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to O1P for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from [he submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form (or each grant. ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years o(the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs. U.S. Depanment of Justice, 810 7'"Street, N.W.. Washington, D.C. 2053 1. For assistance in completing this (orm, please call (202)307- 0690 or TTY (2021 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Preare check nit die bones that apply. ? Recipient has Tess than 50 employees, ? Recipient is an Indian trbe, ? Recipient is anon-profit organization, ? Recipient is an educational institution, or ? Recipient is a medical institution, ? Recipient is receiving an award Icss than 525,000 1, {responsible otfcial], certify that {recipient] is not required io prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that (recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Reouirement 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 525,000 or more, but kss than 5500,000, then the recipient agency does not have to submit an ESOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I Lawrence K, Mahuna (responsible ofTicial], certify that the Hawaii Police Department {recipient],which has SO or more employees and is receiving a single award or subawazd for 525,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and sieved into effect within the past [wo years by the proper authority and that it is available for review. The EEOP is on file in the office of: ]organization], at (address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Proerams, U. S. Department of Justice, as required by r want a nd regulations. t~ __Lawrence K. Mahuna, P~1ice Chief Print or ry~pe Name and Title Signature Date C}IB ~ppro~al'~'o ILI-UIaO E~pvatiw Date:0U3106 j DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I. Lawrence K. 14ahuna (hereinafter referred to as "grantee" certifies that it will provide adrug-free workplace by: (a) publishing a statement notifying employees that the urilawful 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 awazeness 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 ofthe grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by pazagraph (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 (S) days after such conviction; (e) notifying the Deparhnent of the Attorney General, State of Hawaii, within ten (]0) 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 (i) 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 assi stance 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-free workplace through implementation of pazagraphs (a), (b), (c), (d), (e), and (f). II. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with this specific grant: 349 Kapiolani Street Street Address Street Address Hilo, Hawaii 96720 City, State, Zip Code City, State, Zip Code Hawaii County County SUBMITTED BY: Signature: 4'~`~~~` Date: ~@P~~~° ~ Name: Lawrence K. 14ahuna Title: Police Chief Agency: Hawaii Police Department AGlCPJAD #16 06102 . , U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF YME COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification Is ret7uired by the regulations Impiamentlnp Executive Order 12549, Debarment and Suspension, 28 CFR Pan 67, Section 67.510, Participants' responsibilities. The regulations wore pvbllSheO as Para VII o! the May 26, 1988 federal Register (pages 19t&0.1821s). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS OH REVERSEI {t) The prospective lower tier participant certifies, Dy submission of this proposal, that neither It nor Its prlnclpats are presently debarred, Suspended, proposed for debarment, declared Inellgfble, or vpluntarity excluCed from participation in this transact[on by any Federal department or agency. where the prospoelive lower tier participant Is unable to certify to any of the statements In this cortili- catlon, such prospett{ve participant shall attach an explanation to this proposal., Lawrence K. Mahuna, Police Chief Name anC TI ized Representative ACT ~ l 2t10s y'~=~ , Signature Date Hawaii Police Department Name of Organization 349 Kapiolani Street, Hilo, Hawaii 96720 Aaoress of Organization O:n ~O%•-u Kt~ii 6iLV 7rth C.e. n., n<a~f an wsoru . ~ . Debarment, Suspension, Ineligibility and Voluntary 1'.aclusion Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certltication set out below. y. The certification In this clause is a material representation of tact upon which reliance was placed when this transaction was entered into. If It IS later determined that the prospective lower tier participant knowingly rendered an erroneous certificatlon, in addition 24 other remedies available to the Federal Government, the department or agency with which this trar{sactlon originated may pursue available remedies, including suspension andlor debarment. 3. The prospectlve lower tier participant shall provide i mmetliate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or has become erroneous by reason of changed Circumstances. 4. The terms "covered transaction," "debarred," "suspended;' "Ineligible," "lower tier covered transaction,'' "participant," "person," "primary covered transaction,' "principal;' "propasaf;' and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, It shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. ' 6. The prospective lower tier participant further agrees 6y submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibttity and Voluntary Exclusion-Lower Tier Covered Transactions;' without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. t A participant in a covered transaction may rely upon a certificatlon of a prospectlve participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erconeous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may cheek the Nonprocurement Llst. 8. Nothing contained in the foregoing shall be construed to require establishment of a system or records in order to render in good faith the certltication required by this clause. The knowledge and information of a participantis not required to exceed That which is normally possessed by a prudent person in the ordinary course of business dealings. - 9. Except for transactions authorized under paragraph 5 of these Instructions, it a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntary excluded from participation in /his transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment.