HomeMy WebLinkAboutCOM 0048.053 2006-2008Ord. oJ-ss
1
Harry Kim
Mnvor
Lawrence K. Mahuna
Police Chief
Harry S. Kubojiri
Depary Police Chief
October 14, 2008
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 935-3311 • Fax (808) 961-8869
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TO PETE HOFFMAN, COUNCIL CHAIR AND COUNCIL MEMBERS _ =~
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VIA SAKO, CONTROLLER ~,pp~roP/ ~ ' ~'~ -+ ~ s
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FROM L RENCE K. MAHUNA, POLICE CHIEF ..z ~ r'
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SUBJECT NOTIFICATION OF GRANT AWARD ~ ~ 1..,.i
Compliance with Ordinance No. 01-55, Section 7(1) ~ ~~'
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Name of GrantProgram: DV/SA Service 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.: 07-WF-01
Amount of Grant: $52,519.00
Amount of County Match: $13,130.00
County Revenue & Expenditures Acct #: 010.201.5216.04, 3303.14
Grant Period:
December 1, 2008 -February 28, 2009
Purpose of Grant: To hire a Victims Services Coordinator to
service the ongoing needs of victims from
domestic violence/sexual assault while
cases remain under investigation.
Is final report required by grantor? yes
Notification Attached: yes
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Project Number 07-WF-O1
C O N T R A C T
THIS CONTRACT, executed on the respective dates
indicated below, is effective as of December 1, 2008, by and
between. the Department of the Attorney General, State of
Hawaii, hereinafter called "Agency", by and through the
Attorney General,. and Hawaii 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 fourteen
broad purpose areas:
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' (1) training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify
and respond to violent crimes against women, including the
crimes of sexual assault, domestic violence, and dating
violence;
(2) developing, training, or expanding units of law
enforcement officers, judges, other court personnel, and
prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic
violence;
(3) developing and implementing more effective police, court,
and prosecution policies, protocols, orders, and services
specifically devoted to preventing, identifying, and
responding to violent crimes against women; including the
crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and
communications systems, including computerized systems,
linking police, prosecutors, and courts or for purpose of
---.- --identifying and tracking arrests; - protection orders,
violations of .protection orders, prosecutions, and
convictions for violent crimes against women, including
the crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services
programs, including sexual assault, domestic violence, and
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Project Number 07-WF-O1
dating violence programs; developing or improving delivery
of victim services to underserved populations; providing
specialized domestic violence court advocates in courts
where a significant number of protection orders are
granted; and increasing reporting and reducing attrition
rates for cases involving violent crimes against women,
including crimes of sexual assault, domestic violence, and
dating violence;
(6) developing, enlarging and strengthening programs
addressing stalking;
(7) developing, enlarging and strengthening programs that
address the needs and circumstances of Indian tribes
dealing with violent crimes against women, including the
crimes of sexual assault and domestic violence;" •°°=•
(8) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported by
state. funds, to coordinate the response of state law
enforcement agencies, prosecutors, courts, victim service
agencies, and- other state agencies and departments to
violent crimes against women, including the crimes of
sexual assault, domestic violence and dating violence;
(9) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
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Project Number 07-WF-O1
violence, sexual assault, or stalking and may undertake the
following activities -
o Developing, in collaboration with prosecutors, courts,
and victim service providers, standardized response
policies for local law enforcement agencies, including
triage protocols to ensure that dangerous or potentially
lethal cases are identified and prioritized;
o Notifying persons seeking enforcement of protection
orders as to what responses will be provided by the
relevant law enforcement agency;
o Referring persons seeking enforcement of protection
orders to supplementary services (such as emergency
shelter programs, hotlines, or legal assistance
services); and
o Taking other appropriate action to assist or secure the
safety of the person seeking enforcement of a protection
order; and
(14) To provide funding to law° enforcement agencies, nonprofit"" ""' "''
nongovernmental victim service providers, and State,
tribal, territorial, and local governments, (which funding
stream shall be known as the Crystal Judson Domestic
Violence Protocol Program) to promote -
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Project Number 07-WF-01
o The development and implementation of training for local
victim domestic violence service providers, and to fund
victim services personnel, to be known as "Crystal
Judson Victim Advocates", to provide supportive services
and advocacy for victims of domestic violence committed
by law enforcement personnel:
o The implementation of protocols within law enforcement
agencies to ensure consistent and effective responses to
the commission of domestic violence by personnel within
such agencies (such as the model policy promulgated by
the International Association of Chiefs of Police
[`Domestic Violence by Police Officers: A Policy of the
IACP, Police Response to Violence Against Women Project'
` July 20031:
o The development of such protocols in collaboration with
State, tribal, territorial and local victim services
providers and domestic violence coalitions.
WHEREAS, the Governor has designated Agency to serve
as Hawaii's office for administering the federal financial
assistance available under the Act;
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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;
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.
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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 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 December 1, 2008 to and including February 28, 2009 unless
this Contract is sooner terminated as hereinafter provided or
unless this -Contract°is extended in accordance with Sectom 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
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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 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
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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 shal'1 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
i
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
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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 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
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Project Number 07-WF-O1
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 ofh .
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 laws,;;
ordinances, codes, rules and regulations of the Federal, State'~i
and local governments which iri-any way affect its performance'
under this Contract.
e. 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 aan= '~ •• ~~
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'
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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 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:B: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
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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, One Hundred Thirty dollars ($13,130.00) 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 sixty (60) 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
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Project Number 07-WF-01
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 Cont-raet, 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.
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F. SERVICES AS INDEPENDENT CONTRACTOR.
1. In the performance of the services required
under this Contract, Grantee shall be an independent contractor
with the authority to control and direct the performance and
details of the work and services required under this Contract;
however, Agency shall have the right to inspect work in
progress to determine whether, in Agency's opinion, the work is
being performed by Grantee in accordance with the provisions of
this Contract. All persons hired or used by Grantee shall be
Grantee's agents and employees and Grantee shall be responsible
for the accuracy, completeness, and adequacy of any and all
work and services performed by its agents and employees.
Furthermore, Grantee intentionally, voluntarily, and knowingly
-,- assumes the sole and entire liability -if such liability is
determined to exist, to its agents and employees or to third
persons, for all loss, cost, damage or injury caused by
Grantee's agents and employees in the course of their
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
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reason of the Contract, including but not limited to (i) income
taxes, (ii) employment related fees, assessments and taxes and
(iii) general excise taxes. The Grantee also is responsible
for obtaining all licenses, permits and certificates that may
be required in order to perform this Contract.
2, This section shall not be enforced if
Grantee is an agency of the State of Hawaii.
G. COMPENSATION.
. 1. Subject to continuing availability ofl
funds, Agency agrees to pay Grantee, for services`
satisfactorily performed under this Contract, a sum not toy
exceed Thirty-Nine Thousand, Three Hundred Eighty-Nine dollars+~
($39,389.00) to be spent for the purposes of this Contract.°.
This "sum represents any and all compensatidri '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
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portion to the Grantee only out of federal funds to be received.
from the federal government when the federal funds are so
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received and shall not be construed as a general agreement to
pay such portion at all events out of any funds other than
those which are received from the federal government.
H. METHOD OF PAYMENT.
1. All funds available for use under this
Contract shall be subject to the allotment system as provided
in Chapter 37, Hawaii Revised Statutes.
2. Payments to Grantee under this Contract
shall be made in accordance with and subject to the following
provisions: '
a. Payments shall be made monthly upon
receipt of Grantee's completed request for funds.
-` b. A1T 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
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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. -Tt 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 liabihity;"'"
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 thel
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performance of Grantee's services under this Contract, or
arising out of or resulting from breach of this Contract by
Grantee. Grantee shall defend the State of Hawaii, Agency, and
their officers, agents, and employees against any such action
or claim unless the action or claim involves an act or omission
solely of Agency, its officers, agents, or employees.
2. This section shall. not be .enforced if
Grantee is an agency of the State of Hawaii.
J. CONFIDENTIAL MATERIAL.
Any information, data, report, record, summary,
i
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.
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K. COPYRIGHT AND PATENT.
The Agency shall have complete ownership of all
material, both finished and unfinished, which is developed,
prepared, assembled, or conceived by the Grantee pursuant to
this Contract, and all such material shall be considered "works
made for hire". No summary, report, map, chart, graph, table,
study or other documents or discovery, invention, or
development produced in whole or in part with funds made
available .under this Contract shall b~ 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.
-" li:' MODIFICATION OF CONTRACT.
Any modification, alteration, amendment, or
change to this Contract other than to the "Application For
Grant" (attached hereto as part o£ Exhibit "A") or to the'
period during which this Contract is in effect in Section B,
nc3uding increases (subject to the avaslability 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'I
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requested by Grantee, approved by the Administrator of the
Crime Prevention and Justice Assistance Division on Agency's
behalf, and made by substituting or inserting the revisions in
Exhibit "A". Modifications, alterations or changes to the
period during which this Contract is in effect may be requested
in writing by Grantee or Agency, up to forty-five (45) days
before the Contract would otherwise terminate,. and shall be
effective as of the date approved by the Administrator of the
Crime Prevention and. Justice Assistance Division (if requested
by Grantee) or Grantee (if requested by Agency) and made by
attaching a party's written request with the other party's.
written approval thereon to this Contract. No oral
modification, alteration, amendment, change, or extension of
any term, provision or condition of this Contract 'shall be"
permitted.
M. CONFLICT OF INTEREST.
Grantee 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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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
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by Grantee, under this Contract shall, at the option of Agency
become Agency's property and, together with all information;
data, reports, records, maps, and other materials (if any)
provided to Grantee by Agency, shall be ,delivered and
surrendered to Agency on or before the effective date of
termination.
4. Grantee shall be entitled to receive only
such compensation as shall have been satisfactorily earned
prior to the effective date of termination. Agency shall
determine the amount of work satisfactorily completed and the
amount of compensation satisfactorily earned. If the
termination is for cause, any other provisions to the contrary
notwithstanding, Grantee shall not be relieved of liability to
Agency for damages sustained by Agency because-•of any breach by
Grantee of this Contract.
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
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this Contract shall constitute or be construed in any manner as
a waiver of the promise, term or condition or of the right to
enforce the same as to any other or further violation.
P. DISPUTES; GOVERNING LAW; VENUE.
Any dispute concerning a matter of fact arising
under this Contract or any subcontract, which is not disposed
of by mutual agreement within fifteen (15) calendar days, shall
be decided by the Attorney General, or the Attorney General's
duly designated representative, who shall reduce the decision
to writing and mail or otherwise furnish a copy of the decision
to Grantee. The decision of such person shall be final and'
conclusive. Pending final decision of such dispute, Grantee.
shall proceed.-diligently with the performance of this"Contract.
in accordance with Agency's request. The validity of this
Contract and any of its terms or provisions, as well as the
rights and duties of the parties. to this Contract, shall be
governed by -the laws of the State of Hawaii. Except as
~~otherwise°`provided in this Section, any action to enforce this
contract or for breach of this Contract shall be brought only
in a State court of competent'jurisdiction in Honolulu, Hawaii.
Q. ADDITIONAL CONDITIONS.
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Additional conditions may be imposed upon
Grantee by reducing them to writing and designating them as
exhibits to this Contract. Any such exhibit shall be attached
hereto and thereby incorporated herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Contract.
APPROVED AS TO FORM:
Deputy Attorney General
State of Hawaii
DEPARTMENT OF THE ATTORNEY GENERAL
STATE OF HAWAII ("AGENCY")
By
Print Name Mark J. Bennett
Its Attorney General
Date
APPROVED AS TO FORM ~ - ----
AND LEGALITY: HAWAII POLICE DEPARTMENT
("GRANTEE")
Deputy Corporation Counsel
County of Hawaii
RECONNIEDID-APPROVAL :
By
Print Name
Title _
Date
BY ~L/~i~s
Print Name Lawrence K. Mahuna
Title Chief of Police
Date 9r,
Rev. 06/07 26
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2008, before me
personally appeared HARRY KIM, to me personally known, who, being by me duly
sworn, did say that he is the Mayor 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 said HARRY KIM acknowledged said instrument to be the free act and
deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires:
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division.
235 South Seretania 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 Department
C. ADDRESS: 349 Kapiolani Street. Hilo, Hawaii 96720
D. PROJECT PERIOD: December 1, 2008 through February 28. 2009'
E. AUTHORIZED PROGRAM PURPOSE: 2
F. TOTAL PROJECT COSTS:
SOURCE OF FUNDS PERCENT AMOUNT'
Federal Funds 75% $ 39,389
Agency Match 25% $ 13,130
TOTAL 100% $ 52,519
G. PROJECT DIRECTOR: Ron Paul Title: Lieutenant, JAS
Address: 349 Kapiolani Street. Hilo. Hawaii 96720
Phone: (808) 961-2254 FAX: (808) 961-2327
H. FINANCIAL OFFICER: Kay Oshiro Title: Accountant IV
,.. .. _ Address: 349 Kapiolani Street, Hilo, Hawaii 96720 .
Phone: (808) 961-2273 FAX: (808) 961-2390
* The project term may be amended upon receipt of OVW approval to extend the master 2007
~ i yr r ormuia
FOR CPJA USE
Date Received: I Project Number: 07-WF-01
AG/CPJA #1-VAWA (2196)
Exhibit A
Project #07-WF-O1
PART II. DESCRIPTION OF PROJECT
A. PROBLEM
Statistical data is collected and maintained by the Hawaii County Police Department's ii
(HCPD) Domestic Violence and Sexual Assault Victim Services Coordinator (VSC). The `
VSC is responsible for reviewing the department's daily bulletin to identify cases relating ',
to domestic violence, sexual assault, and violation of orders. Often times there are
criminal cases and reports such as aggravated assault, terror threats, reckless endangering, ',
felony abuse, phone ripping, kidnapping that were initiated from domestic violence or
sexual assault. The VSC compiles and presents statistical reports on the County's
domestic violence and sexual assault calls, arrests, and referrals to prosecution. The data
provides the HCPD with a too] for developing strategic planning on departmental
resources and identifying training needs in the administrative and field levels. I~
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. It is uncertain
whether or not the high arrest rate produced less abuse or less reporting. Because data can
be misleading, diligent surveillance is imperative to understanding the domestic violence
problem.
There aze factors that may contribute to increased crime activity such as: high
unemployment, substance abuse, low literacy, and an increase in the population.
Transportation is limited and presents a challenge for those who live in isolated azeas.
Immigrant victims aze further marginalized due to language barriers. Police response can
be compromised by many of these factors. To improve victim safety, it is' importantto "'°"
increase public awareness on the availability of victim services and encourage the
community to respond appropriately to domestic violence.
In 2005, the rate of reported violent crimes in Hawaii County increased 57.0% (from 182
in 2004 to 286 in 2005). Hawaii County's violent crime rate in 2005 was the highest in
the State of Hawaii in 2005. From 2004 to 2005, the number of domestic abuse arrests
has declined by 4 percent (from 941 arrests in 2004 to 900 arrests in 2005).2 Again, the
data can be misleading. 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
~ Crime In Hawaii, 2005 - A Review of Uniform Crime Reports, Department of the Attorney General
(May 2007).
s State of Hawaii Strategic Plan for the STOP Violence Against Women Formula Grant FY2008-2011
(October 2007).
Project #07-WF-01
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) Attempted Murder, (2) Murder, (2) Suicide, (4)
Kidnapping, (4) Unlawful Imprisonment, (21) Terror Threats, and (314) Violation of
Orders, which include TRO-Harassment.
Mandatory arrest in abuse cases is effective in holding offenders accountable, but public
outreach promotes victim safety. Strategically, the VSC forwarded to police districts
domestic violence brochures, which are also on display at the County's drivers license
division.
The VSC 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. This has been an effective approach to
strengthening and enhancing law enforcement strategies in combating domestic violence
and sexual assault.
In parts of Hawaii County, 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 with
HCPD Administration/Training, Community Police, and Public Relations sections about
the need to bridge the outreach gap.
While agencies hold trainings for services providers, there is little to no domestic _ '
violence/sexual assault public outreach efforts. Training opportunities aze not transferred
between government and non-governmental service agencies fragmenting a coordinated
community response. Domestic violence/sexual assault brochures can be located in
offices of service agencies for those who are mandated to a program or need specific
services.
As part of the position's responsibilities, the VSC serves as a liaison for the department
and contacts all adult female victims where cases are pending investigation or warning
citations issued. The VSC is not a victim advocate, but can refer victims to crisis "
intervention services or give information on their case if requested. The VSC also assist
the department in briefing personnel on current domestic violence and sexual assault
statistics, victim resources, and immigrant victims. When applicable, the VSC assist the
detective specifically assigned to domestic violence training; at least one training event
per month.
This position.shall be responsible for the collection of data and analysis of domestic
violence reports and arrests. The VSC will assist HCPD in identifying relevant training
needs and departmerital resources at the administrative and field level. The VSC will
2'
Project #07-WF-O1
ensure delivery of domestic violence and sex assault outreach information to protect
members of the community. The VSC shall continue to work with sworn personnel by
providing input through data and assist in facilitating community meetings for the
agency.
B. GOALS AND OBJECTIVES
GOAL 1: To improve the Hawaii County Police Department's response to domestic
violence, sexual assault, dating violence, and stalking.
Objectives: Maintain database, improve efficiency of data and issuance of monthly
reports on domestic violence and sex assault.
• Review department's daily bulletin and identify cases or related cases on
domestic violence or sexual assault.
• Disseminate information data to the department on issues relating to domestic
violence, sexual assault, dating violence, and stalking.
• Maintain current statistical data base and improve the efficiency of data
through quarterly data updates and issuance of reports on the HCPD domestic
violence and sexual assault cases.
• Improve DV training for department through input of statistical information
and assisting the assigned detective in the domestic violence unit training
division and detective specifically assigned to domestic violence training in at
least one training event per month.
• Assist the department training division and detective specifically assigned to
domestic violence training.
GOAL 2: To improve response to victims of domestic violence, sexual assault, dating
violence, and stalking.
Objectives: Increase contact with victims of domestic or sex assault abuse by at least 10%
from the previous project period.
• Identify, obtain, and provide appropriate resources and coordination to victims
of domestic violence, sexual assault, dating violence, and stalking.
• Meet with victim service providers to identify best practices and trends for
victim safety.
• Refer victims to services to appropriate service providers for crisis
management.
• Provide victims with a safety plan, police brochure, and if applicable, crime
victim compensation application.
• Maintain victim contact log.
• Maintain contact with victims whose cases are pending investigation or
warning citations issued.
Project #07-WF-O1
GOAL 3: To expand awareness of domestic violence, sexual assault and stalking in the
County of Hawaii.
Objective: Improve collaboration/coordination between the department and community
providers by participating in at least two meetings orjoint presentations per quarter with
other community agencies providing domestic violence/sexual assault services to victims.
• The VSC shall continue to serve as a liaison between victims of domestic
violence and sexual assault in order to improve services to victims.
• Assist JAS Area I Detective assigned to DV with in-service training once per
.month.
• Attend a minimum of 2 meetings per quarter with non-government and-
government agencies that service victims of domestic violence and sex
assaults; gather relevant information to improve coordinated response to
victims.
• Analyze statistics to review offender and victim demographics, identify the
make-up of immigrant population to assess for possible language/cultural
barriers in accessing victim services.
• Improve victim and community safety by conducting 2 community outreach
presentations on domestic violence on a quarterly basis.
• Describe the availability of social services, and enhance self-reporting and
referrals to Hawaii County Police Department.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Project Manager will be the Domestic Violence Unit Detective, James Gusman.
Overseeing Detective Kimwa in the Juvenile Aid Section (JAS) is Lieutenant Ron Paul.
Lieutenant Ron Paul will report to the Captain of the Criminal Investigation Division
(CID) East Hawaii on the status of the project.
E. PERSONNEL
The Project Manager will be the Domestic Violence Unit Detective, James Gusman. The
continued employment of the Domestic Violence Sex Assault Victim Services
Coordinator is Lillian Tavares. Ms. Tavares has been the Domestic Violence Sex Assault
Victim Services Coordinator since May 1'S, 2005. Ms. Tavazes was a former police radio
dispatcher and supervisor with the Hawaii Police Department•for I 1 years. Ms. Tavazes
did volunteer work in the Office of the Prosecuting Attorney, Domestic Violence Unit,
under Susan Hefrel-Liquido from October 1994 to May 1995. In October 2001, Ms.
Tavares began working with Lloyd Van De Caz, Family Law Attomey until August of
2004.
G. PARTICIPATING AGENCIES
Other participating agencies include, but are not limited to: Office of the Prosecuting
Attorney, Family Court of the Third Circuit, Turning Point For Families, Child & Family
Project #07-WF-OI
Services, Department of Human Services, 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 quarterly reports on domestic violence and sex
assault to Hawaii Police Department administration and to other agencies as
approved by HCPD.
• Maintain victim contact log to demonstrate an increase in contact to victims by
10% over the previous grant period.
• Assist JAS,Area I Detective assigned to DV with in-service training once per
month.
• Improve coordination of governmental and private agencies responding to i
victims of domestic violence and sex assault by providing input while attending
2 meetings or presentations per quarter.
5
PART III. BUDGET DETAIL/EXPLANATION
A. SALARIES AND WAGES
Position Monthly Salary
Victim Services Coordinator $2,813/mo x 5 =
$2,922/mo x 7 =
B. FRINGE BENEFITS
Fringe rate 12.66% x $34,519.00
C. CONSULTANTS
None
D. TRANSPORTATION AND SUBSISTENCE
None
E. OFFICE SUPPLIES
Print domestic violence sex assault educational resources for
victims. Resources include information on shelters, crisis intervention,
safety plans, restraining orders, and immigration.
F. OTHER COSTS
None
G. TOTAL FEDERAL COSTS
H. AGENCY MATCH (25%)
A) Salaries and Wages
1- DVU DETECTIVE*
TOTAL
Project #07-WF-O1 I'
$14,065.00
$20,454
$ 4,370.00
$ 500.00
$39,389.00
$13,130.00*
$52,519.00
Federal $39,389.00
25%AgencyMatch $13,130.00*
$52,519.00
* The Hawaii Police Department will use part of the supervising detective's salary for the '
agency match.
6
Project #07-WF-O1
Domestic Violence and Sexual Assault Victims Service Coordinator
The project requires the employment of a full time Domestic Violence/Sex Assault
Victim Services Coordinator to serve as a liaison for the department and victims of
domestic violence and sexual assault where investigations aze pending; and assist
department personnel in training or strengthening services.
The responsibilities of the Victim Services Coordinator (VSC) include the following:
Review the HCPD 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.
Collect data from incident sheets such as names, ages, gender, date of report, disposition
and injuries and enter into the domestic violence/sex assault data base.
Make telephone contact with adult female victims where cases are pending investigation
or where warning citations issued. Refer victims to services for crisis management.
Mai]-out to contacted victims relevant information, including a victim safety plan, police
brochure, the impact domestic abuse has on children, and, if applicable, crime victim
compensation application.
Maintain victim contact log.
Produce quarterly statistical reports for the police administration on the domestic
violence sex assault problem for the County of Hawaii.
Assist JAS Area I Detective assigned to DV with in-service training once per month.
Attend 2 meetings per quarter with non government and government agencies that service
victims of domestic violence and sex assaults and provide input to improve coordination
of response to victims.
Improve victim and community safety by doing presentations with Community Police to
increase domestic violence awareness and identify red flags of abuse; two presentations
per quarter.
Collect and maintain statistical data. Compile and present statistical reports to the
department on the County's domestic violence and sexual assault calls, arrests and
referrals to prosecution. The data collected will provide HCPD with a tool for
developing strategic planning of departmental resources and identifying training needs in
the administrative and field levels.
y.
PART IV. CERTIFICATIONS
ACCEPTANCE OF CONDITIONS
The undersigned agrees,~on behalf of the applicant agency, that:
1. This project, upon approval, shall constitute an official part of Hawaii's Violence Against
Women Formula Grant Program established under Title IV of the Violent Crime Control
and Law Enforcement Act of 1994, Public Law No. 103-322.
2. Any grant awarded. pursuant to this application shall be subject to and will be administered
in conformity with:
(a) general conditions applicable to administration of grants under Title IV of the
Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-
322, as applicable;
(b) conditions applicable to the fiscal administration of grants under Title IV of the
Violence Crime.Contro] 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 may be terminated, or fund payment may
be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a
substantial failure to comply with the foregoing provisions, the application obligations or for
non-availability of funds.
SUBMITTED BY:
Signature: ~---~' Date:
O CT ' ~ 2008 _ .
Name: Lawrence K. Mahuna Title: Police Chief
Agency:. Hawaii Police Department
AG/CPJAD #14A (8/96)
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OFNON-SUPPLANTING
I certify that federal funds will not be used to supplant State, local or other non-federal funds that
would, in the absence of such federal aid, be made available for law enforcement, criminal justice,
and victim compensation and assistance activities.
SUBMITTED E
Signature: C _~ Date: ACT ` g ZpQ~'
Name: Lawrence K. Mahuna Title: Police Chief
Agency: Hawaii Police Chief
AG/CPJAD #3 06/02
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OFNON-DISCRIMINATION
I certify that the applicant agency will comply with and will insure compliance by its subgrantees
and contractors with the non-discrimination requirements of:,
The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits
discrimination on the basis of race, color, national origin, religion, or sex, in OJP and
COPS funded programs or activities. (42 U.S.C. §3789d and 28 C.F.R. §42.201 et se .
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of
race, color or national origin in OJP and COPS funded programs or activities. (42 U.S.C.
§2000d and 28 C.F.R. §42.101 et se .
Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of
disability in OJP and COPS funded programs or activities. (29 U,S.C. §794 and 28 C.F.R.
§42.501 et se .
Section 1407 of the Victims of Crime Act (VOCA), which prohibits discrimination on the
basis of race, color, nationa]'origin, religion, sex, or disability in VOCA funded programs
or activities. (42 U.S.C. §10604)
Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on
the basis of disability in OJP or COPS funded programs or activities. (42 U.S.C. §12132
and 28 C.F.R. Pt. 35)
Title IX of the Education Amendments of 1972, as it relates to discrimination on the basis
of sex in OJP and COPS funded training or educational programs. (20 U.S.C. §1681 and
34 C.F.R. Pt. 106)
• The Age Discrimination Act of 1975 as it relates to services discrimination on the basis
of age in OJP or COPS funded programs or activities. (42 U.S.C. §6102 and 28 C.F.R.
§42.700 et se .
Executive Order No. 13166 prohibiting discrimination of Limited English Proficient
Persons.
Executive Order No. 13279 regazding equal protection of the laws for faith-based
organizations. (28 C.F.R. pt. 38)
No person shall, on the grounds of race, color, religion, national origin, sex, or disability, be
excluded from participation in, be denied the benefits of, be subjected to discrimination under, or
be denied employment in connection with any program or activity funded in whole or in part
with funds made available under this title from the U.S. Department of Justice through the
Department of the Attorney General, Crime Prevention and Justice Assistance Division.
Noncompliance with the discrimination regulations may result in the suspension or termination
of funding.
SUBMITTED
Signature: ~ ~/,,/ Date: ~~T ~ ~ 2d(iP
Name: Lawrence K. Mahuna Title: Police Chief
Agency: Hawaii Police Denartment
AG/CPJAD #15 12/07
CERTIFICATION FORM
Recipient Name and Address: Hawaii Police Department
Grant Title: DV/SA Victim Svcs. Coordinator Grant Number: 07-WF-O1 Award Amount: $39,389
Contact Person Name and Title: Lieutenant Ron Paul Phone Number: (808)961-2254
Federal regulations require recipients of financial assistance from the Office of Justice Programs (O]P), its component agencies, and
the Office of Community Oriented Policing Services (COPS) to prepaze, maintain on file, submit to OJP for review, and implement an
Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients
from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an
EEOP, but they do not need to submit the EEOP to OJP far review. Recipients that claim a complete exemption from the EEOP
requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must
complete Section B below. A recipient should complete either Section A or Section B, not both. [f a recipient receives multiple
OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if
applicable) has been prepazed within two years of the latest grant. Please the completed form(s) to the Office for Civil Rights, Office
of Justice Programs, U.S. Department 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 - Declazation Claiming Complete Exemption from the EEOP Requirement. Please check all rhe'boxes rhar
apply ,
^ Recipient has less than 50 employees, ^ Recipient is an Indian tribe,
^ Recipient is anon-profit organization, ^ Recipient is an educational institution, or
^ Recipient is a medical institution, ^ Recipient is receiving an award less than $25,000
I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the
reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with
applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B -Declaration Claiming Exemption from the EEOP Submission Requirement and certifying that an
EEOP is on file for review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, Lawrence K. Mahuna [responsible official], certify that the Hawaii Police Department [recipient], which has SO or more
employees and is receiving a single award or subawazd for $25,000 or more, but less that $500,000, has formulated an
EEOP in accordance with 28 C.F.R §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The $EOP, is on file
in the office of: Hawaii Police Department [organization], at 349 Kaniolani Street, Hilo. HI 96720 [address], for review by
the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil
Rights, Office of Justice Programs, U.S. Department of Justice e aired by relevant laws and regulations.
Lawrence K. Mahuna, Police Chief ~z Q~T " ~_ Z~~F
Print or type Name and Title Signature -. Date
OMB Approval No. 1121-0140 Expiration Date: 01/31/06
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
INSTRUCTIONS
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
(AG/CPJAD #16)
By signing and/or submitting this application or grant agreement, the grantee, is providing
the certification set out on the form entitled Crime Prevention and Justice Assistance
Division, Department ofthe Attorney General, Certification Regarding Drug-Free Workplace
Requirements (hereinafter referred to as the "AG/CPJAD Form #16).
2. The certification set out on AG/CPJAD Form #16 is a material representation of fact upon
which reliance will placed when the Department of the Attorney General, State of Hawaii
(hereinafter referred to as "grantor") determines to subgrant federal funds to the grantee.
. Pursuant to the contract which grantor will offer grantee in the event a subgrant is awarded to
grantee, false certification or violation of the conditions set forth in the certification shall be
grounds for suspension of payments, or suspension or termination of the subgrant. Such
false certification of violation of the conditions contained in the certification shall subject the
State of Hawaii to govemmentwide suspension or debarment, which shall, in tum, result in
the withdrawal of funds from the grantee and/or the unavailability of future funding for the
grantee.
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Department of the Attornev General Criminal Justice Division (hereinafrer referred to as
"grantee") certifies that it will provide a dmg-free workplace by:
(a) publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use ofa 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 a drug-free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace; i
(3) any available drag counseling, rehabilitation, and employee
assistance programs; and
(4) the penalties that may be imposed upon employees for drug
abuse violations;
(c) making it a requirement that each employee to be engaged in the performance of th'e
grant be given a copy of the statement required by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the erraployee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such
conviction;
(e) notifying the Department of the Attorney General, State of Hawaii, within ten (10)
days 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;
d
(g) making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
II. The grantee shall insert in the space provided below the site(s) for the performance 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 `
SUBMI
Signatu ~ .--/ Date: ACT ~ 9200E
Name: Lawrence K. Mahuna Title: Police Chief i
Agency: Hawaii Police Department ~~~
AG/CPJAD # 16 06/02
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PR06RAM5
OFFICE OF THE COMPTROLLER
. Certlilcatton Regarding ,
Debarment, Suspension, Ineligibility and Voluntary t=xcluston
Lower Tter Covered Transactions
(Sub•Reclpient)
Thla certifieaUon is required by the regulations lmplementinp Executive Order 12549, Debarment and
Suspension, 28 CFR Para 87; Section 87510, Participants' responalbilltiea.Tha regulations were published
as Part VII of the May 28, 1988 Federe! Reg/star (pages 19180.18211} P
(BEFORE COMPLETING CERTIflCAT10N, READ INSTRUCTIONS ON REVERSq
(1) The prospective lower tier participant certl8es, by submission of this proposal, that neither It qor Its
principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily
excluded from particlpatton in this trensacilon by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the atetementa in this certifF.
cation, ouch prospective participant shall attach an explanation to this proposal.
Lawrence K. Mahuna, Police Chief
Name and Title of Authorized Repreaentatlve
Signature
DCT ~ ~_ 200$
Date
Hawaii Police Department
Name of Organization
Address of Organization
av Forua ~oeln taEV. meol a~.wu. wnlwu.n eworu.
Instructions for Certification
1.' ey signing and submitting this proposal, the prospective lower tier participant Is providing l~~,the
certification set out below.
2 The certification In this clause is a material representation o} fact upon which retlance was placed
when ihls transaction wee entered Into. II it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, In addition to other remedies availabls to the Federal
Govemment, the department or agency with which thta trensaction originated may pursue available
remedies, Including suspension andJor debarment.
3. The prospective lower tier participant shall provide Immediate written notice to the person to which
this proposal la submitted if at any time the prospective tower tier participant leans that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances,
4. Tha terms "eovered trensaetlon," "debarred," "suspended," "IneliglDle," "lower. flat covered
transaction,^ °participant," "pereon,^ "primary covered transaction," "principal;' "proposal,^ and
"voluntarily excluded," as used in this Claus@, have the meanings set out In the Deflnltiona and Coverage
sections of rules Implementing Executive Order 12549.
5. The prospective lower tier participant apreea by submitting this proposal that, should the proposed
covered transaction be entered Into, It shell not knowingly enter Into any lower filer covered transaction
with a person who is debarred, suspended, declared Ineliglbie, or voluntarily excluded from participation
to this covered trenaectlon, unless authorized by the department or agency with which this transaction
originated.
8. The prospective lower tier participant further apreea DY submitting this proposal that It will include
the .clause titled "Certification Regarding Debarment, 3uspenalon, Inellpibllity and Voluntary
Exclusion-Lower Tler Covered 7ransactforis,^ without modification, im alt Power tier covered
transactions and In all solicitations for lower flat covered trensactlorrs.
7. A participant In a covered transaction may rely upon a certlflcatiom of a prospective participant In a
lower tier covered trensaction that It Is not debarted, suspended; IneliplDle, or voluntarily excluded from
the covered trensaetlon, unless it knows that the certiticatlon is erroneous. A participant may decide tt-e
method and frequency by which K determines the ellpibliity of fife principals. Each participant may check
the Nonprocurement Ust.
8. Nothing contained in the foregoing shall Ae construed to require establishment of a system of
records. in order to render in good faith the certiiicatlon iequired by this clause. The knowledge and
Information of a participant Is not required to exceed that which is normally possessed by a prudent
person In the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 0! these instructions, if a participant in a
covered trensaction knowingly enters Into a lower tier covered transaction with a person who Is
suspended, debated, inellpible, or voluntary excluded from partlclpatlon In this transaction, In addition
to other remedies available to the Federal Govemment. the department or agency with which this
transaction originated may pursue available remedies, Inctuding suspension andJor debartnenL
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable,
with each submission that initiates agency consideration of such person for an awazd of a Federal
contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any non-Federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress iit
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall initial here _ and complete and submit Standard Form # LLL, A Disclosure of
Lobbying Activities, in accordance with its instructions.
(3) Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval
of the U.S. Department of Justice, Office of Justice Programs.
(4) The undersigned shall require that the language of this certification beincluded inthe-awazd
documents for all subawards at all tiers and th brecipients shall certify and disclose
accordingly..
Hawaii Police Department
349 Kapiolani Street, Hilo, HI 96720 awrence K Ma~ltuna, Polite ceV C~'
Name and Address of Organization Name of Authorized Individual
Signature and date
Office on Violence Aeainst Women
Application No. Name of OJP Agency
AG/CPJAD #22 Rev. 08/05
111/03/2008 11:58 8089612277 HCPD HILO-JAS PAGE 02
~xl
STOP VIOLENCE AGAINST v/OMEN
FORMt.TIA GRANT PROGRAM
CERTIFICATE OF COLLABORATION
To be completed by applicant aQencv::.:;. ,
Applicant Agency: Hawaii County Police Departrnent
In satisfaction ofthe requirements under this,g;ant ptogram, this agency certifies ,.
that it has consulted with the local victim services program during the course of
developing this proposal in order to ensure that our proposed activities and/or equipment
acquisitions are designed to promote the safety, co~denfiality, and economic
independence ofvictims of domestic vielencc, sexual assault, stalking and dating
violence. - ,
Please provide a briefdescription.~#'the consultation with and/or collaborative
relationship established between'tlie :app]icantand tfie.local victim services organization
identified below: '
The objective of the Victim Seivices Coordinator (VSC) position is
to improve the n oJ.ice response to incidents of domestic violence.
of incidents to assess victim-needs ario:-direct appropriate referrals for
~~
servic^~s. The VSC also provides training` and trend analysis to other service
providers to aid in identiSying best practices and trehds to enhance victim
safety.
October 03, 2008 .
Aate A thor' afore of Applicant Agency
Asadesignatedrepresentativeof `{Jwp. ""~ ~Faoi/~/ Jt-izwc.E
a recognized local victim services organization, I clarify that the above is an accurate
description ofthe consultation with and/or collaborative relationship established between
my agency and that applicant agency identified sbove..
Name of Organization: ~Hie~7 ~ FAi~ii~.Y SFh'v; L &
Name & Title of Signing Authority: ~ 'nom c`n / ,S 'tpN, htA p~F% [Yi~cyat~~~'!-c~,y-n~;
Signature: /~/' / ~ V
Aate: / /e , ~..o i