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HomeMy WebLinkAboutCOM 0855.000 1998-2000 ~~JM~ Ca N •'4 Stephen K. Yamashiro Dixie Kaetsu Mayor Acting Director S. K. Schutte met OI.M'~tr Deputy Couutp of ~amaff DEPARTMENT OF FINANCE ° 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-8234 • Fax (809) %1-8248 July 11, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance appropriating $19,500 for a Domestic Violence Training grant. This grant is to improve the handling of domestic violence incidents through proper handling of the investigations of police officers and increase sharing of information pertinent to the victim and the abuser between police and EMS personnel at the scene of a domestic violence incident. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the State Department of the Attorney General, Crime Prevention and Justice Assistance Division. If there are any questions, please do not hesitate to call the Hawai'i County Police Department. Dixltsu Acting Director of Finance APPROVED: ~c~-mac ~ U tephen K. ashiro Mayor 5s Comm. No. Enc. File No. Q (3;1/ -A 9S Re('. To: Res, 303-00 20 Ref. Date Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 7/5/00 STAFF CONTACT: GARY MAESATO BUSINESS MANAGER PHONE: 961-2274 A. REQUEST: To appropriated $19,500.00 entitle "Domestic Violence Training" under the following object codes. 454 $9,000.00 480 $10,500.00 To enter into a contract with the State Department of the Attorney General Crime Prevention and Justice Assistance Division to provide funding under the Domestic Violence Training. B. BACKGROUND & JUSTIFICATION(USE ADDITIONAL SHEETS AS NEEDED): The State Department of the Attorney General Crime Prevention and Justice Assistance Division is providing funding to improve the handling of domestic violence incidents within the County of Hawaii through proper handling of the investigations by police officers and increased sharing of information pertinent to the victim and the abuser between police and EMS personnel at the scene of a domestic violence incident. The objective will be accomplished by: 1) training police officers in the handling of domestic violence related incidents; 2) training fire department personnel on their role in domestic violence. SIGNED: DATE: 7 IS S. CORREA DEPUTY POLICE CHIEF ACTING POLICE CHIEF BENJAMIN J. CAYETANOi GOVERNOR EARL 1. ANZAI ' 1 `2: J[ [O ATTORNEY GENERAL L tL P A OLICC THOMAS p.REELER !-4 ~JG FIRST DEYUTV ATTORNEY GENERAL STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 426 QUEEN STREET HONOLULU. HAWAII 96813 (808) 686-1600 Crime Prevention and Justice Assistance Division May 16, 2000 The Honorable Wayne Carvalho Chief of Police Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Dear Chief Carvalho: Enclosed are two copies of the contract for the Dom ti Viol n Training Project, No. 99-WF-2. After reviewing the contract, please sign as indicated and obtain the signatures of the other required parties to this contract from the County of Hawaii. Both copies of the contract should then be returned to our office. Please inform all parties not to fill in the contract date as this will be completed upon execution of the contract. An original contract will be returned to you for your files after the Attorney General has signed the contract. If you have any questions regarding the contract, please call Planning Specialist Tony Wong at 586-1096. Thank you for your continued cooperation and that of your staff. Sincerely, Adrian Kwock Branch Chief, Grants and Planning Enclosures (2) '6933 Project Number _99-WF-2 C O N T R A C T THIS CONTRACT, dated by and between the Department of the Attorney General, State of Hawaii, hereinafter called "Agency", by and through the Attorney General, and Hawaii n, n v 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 at sea., 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 seven broad purpose areas: (1) training for law enforcement officers and prosecutors to identify and respond more effectively to violent crimes against women, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement Revised 12/99 r, (2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target violent crimes against women; (3) developing and implementing more effective police and prosecution policies and services for preventing and responding to violent crimes against women; (4) developing and improving data collection and communications -systems linking police, prosecutors, and courts or for purposes of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions; (5) developing, expanding, or improving victim services programs, including improved delivery of such services for racial, cultural, linguistic and ethnic minorities, and the disabled, and providing specialized domestic violence court advocates; (6) developing and enhancing programs addressing stalking; and (7) developing and enhancing programs addressing the special needs and circumstances of Indian tribes in dealing with violent crimes against women. WHEREAS, the Governor has designated Agency to serve as Hawaii's office for administering the federal financial assistance available under the Act; Revised 12/99 2 r. 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. 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 Revised 12/99 3 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 CONTRA T. This Contract shall be in effect for the period from Jun i 000 to and including May 31, 001 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 CQNDITIONS. 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 Revised 12/99 4 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 Application for Grant. Grantee covenants that the representations made in the Drug-Free Workplace Certification are true and that Grantee shall fulfill the requirements set forth therein. Grantee's execution and submission of a false Drug-Free Workplace Certification, or Grantee's violation of the requirements Revised 12/99 5 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 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 evised 12/99 6 Part IV of the Application for Grant. Grantee covenants that the representations made in the Lobbying Certification are true 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 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 reports in such form and at such times as Agency or the Bureau of Justice Assistance may require; at minimum, Grantee shall submit quarterly financial reports twenty (20) calendar days after the end of each calendar quarter. Records and financial accounts shall be retained and accessible to Agency and the United States Department of Justice for at least three years after Agency's grant with the Bureau of Justice Assistance is closed. 7. Grantee shall comply with all the ordinances, codes, rules and regulations of the Federal, State and local government which in any way affect its performance under this Contract. Revised 1-2/99 7 Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C, D, E and G, the Americans with Disabilities Act of 1990 42 U.S.C. 12101 et sea., and the Hawaii State Fair Employment Practices Act, Chapter 378, Hawaii Revised Statutes. 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 11 seQ. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Six thousand five hundred fifty dollars (S6 500 00) are available as matching funds to provide the services under this Contract. Grantee shall maintain records which clearly show the source, amount and the timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this Contract which are encumbered but not disbursed within ninety Revised 12/99 8 timing of match contributions. If, at the end of the contract period, Agency determines that Grantee does not have the required matching contribution, Grantee shall return all of the federal portion of the project cost for which there is no required match. 12. Any funds provided to Grantee under this Contract which are unencumbered on the date this Contract terminates shall be returned to Agency; all funds provided under this-Contract which are encumbered but not disbursed within ninety (90) days after this Contract terminates shall be returned to Agency. 13. The source of funding for this Contract is federal funds and the provisions of Hawaii Revised Statutes, Section 29-15 shall apply. D. P R ONN T . 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. Revised 12/99 9 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 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 Revised 12/99 10 vacation, sick leave, retirement, or other benefits directly afforded state employees by statutes. Grantee shall be responsible for payment of income, social security, and other federal, state or local taxes that it may be required to pay. 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 Nineteen thousand five hundred dollar ($19,500.00) 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 Revised 12/99 11 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. 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 Revised 12/99 12 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 Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the 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 or activities of Grantee. Revised 12/99 13 Grantee shall indemnify and save harmless the State of Hawaii, Agency, and their officers, agents, and employees from and against any and all actions, claims, suits, damages, or costs 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 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 Revised :2/99 14 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 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, 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, shall be reduced to a written supplemental agreement and executed Revised 12/99 is by Grantee and the Attorney General or the Attorney General's designee. Modifications, alterations or changes to provisions of the "Application For Grant" may be requested by Grantee, approved by the Administrator of the Crime Prevention and Justice Assistance Division on Agency's behalf, and made by substituting or inserting the revisions in Exhibit "A". Modifications, alterations or changes to the period during which this Contract is in effect may be requested in writing by Grantee or Agency, up to forty-five (45) days before the Contract would otherwise terminate, and shall be effective as of the date approved by the Administrator of the Crime Prevention and Justice Assistance Division (if requested by Grantee) or Grantee (if requested by Agency) and made by attaching a party's written request with the other party's written approval thereon to this Contract. M. ONF I T 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. If, for any cause, Grantee fails to satisfactorily Revised 12/99 16 fulfill in a timely or proper manner its obligations under this Contract, 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. 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. 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 surrendered to Agency on or before the effective date of termination. 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 Revised 12/99 17 notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WATT. 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. P. DISPUTES, GO ERNING 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. Revised 12/99 18 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. Revised 12/99 19 Q. ADDITIONAL CONDITIONS. Additional conditions may be imposed against Grantee by reducing them to writing and designating them as exhibits to this Contract. Any such exhibit shall be attached hereto and thereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Contract. DEPARTMENT OF THE ATTORNEY GENERAL STATE OF HAWAII ("AGENCY") By Its Attorney General HAWAII COUNTY POLICE DEPARTMENT COUNTY OF HAWAII ("GRANTEE") By Its Mayor By Its Director of Finance APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel AP VAL RE W ED: G Police Chief Revised 12/99 20 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 APPLICATION FOR S.T.O.P. VIOLENCE AGAINST WOMEN GRANT PART 1. TITLE PAGE A. PROJECT TITLE: Domestic Violence Training B. APPLICANT AGENCY: Hawaii County Police Department C. ADDRESS: 349 Kapiolani Street Hilo, Hawaii 96720 D. PROJECT PERIOD: June 1, 2000 to May 31, 2001 E. AUTHORIZED PROGRAM PURPOSE: 3 F. TOTAL PROJECT COSTS: $26,000.00 SOURCE OF FUNDS PERCENT AMOUNT Federal Funds 1 75% $19.500. A enc Match 1 25% $6,500. TOTAL 1 100% $26,000. G. PROJECT DIRECTOR: James Day Title: Captain Address: 349 Kapiolani Street Hilo, Hawaii 96720 Phone: (808) 961-2251 Fax: (808) 961-2376 H. FINANCIAL OFFICER: Gary Maesato Title: Business Manager Address: 349 Kapiolani Street Hilo, Hawaii 96720 Phone: (808) 961-2274 Fax: (808) 961-2390 FOR CPJA USE I 1 I Date Received: APR 1 Project Number: 97 "yFZ AG. CPJA T1-VAWA (2/96) EXHIBIT A PART II. DESCRIPTION OF PR JECT A. PROBLEM The Hawaii Police Department has formed a Domestic Violence Unit that, in addition to reviewing domestic violence cases, conduct follow-up investigations, formulate domestic violence policies and procedures, and train police personnel on the proper handling of domestic violence incidents. Training is given intermittently to patrol personnel. The Department has 395 sworn police personnel, of which 305 (77%) are assigned to the Field Operations Bureau (Patrol), 23 to Community Policing, and 27 are patrol sergeants. The experience levels of the officers range from newly graduated recruits to officers having 20, or more, years of service. Personnel in Field Operations and Community Policing operate out of the eight police districts throughout the County of Hawaii. For police purposes, the island is divided into East Hawaii, which includes the districts of South Hilo, North Hilo, Hamakua, and Puna; and West Hawaii, comprised of the districts of Kona, South Kohala, North Kohala, and Ka'u. The County of Hawaii's population is 135,499, or 11.1% of the total population in the State of Hawaii. The Big Island is over 4028 square miles, averaging about 34 persons per square mile. Two of the main population centers, Kona and Hilo, are on opposite sides of the island and approximately 100 miles apart. The time to travel this distance averages two to two and one-half hours. Training for police personnel is primarily conducted at Police Headquarters in Hilo. Personnel from outlying districts spend a fair amount of time commuting to attend the training in Hilo, resulting in overtime expenses incurred by the Department. Any cohesive training curriculum requires that some officers be required to travel great distances to attend training sessions. Continuous training is necessary in the field of domestic violence. Awareness of new laws, theory, and methods are necessary in ensuring all personnel are able to answer calls for service properly and effectively. Victims are often reluctant to give a statement to the police officer that provides an accurate account of the incident. Many victims do not want the offender to get arrested and may withhold information that would otherwise allow the officer to accurately assess the incident. The police officer is customarily viewed as an authoritative figure. On the other hand, victims perceive Emergency Medical Services personnel in a more favorable light. EMS personnel at a scene are perceived as care givers. Most victims are more willing to tell EMS personnel the true nature and cause of their injury because of their non-threatening position. EMS personnel must know the mechanism of injury to effectively treat the injured. Much of the information received is often withheld from police officers investigating cases of domestic abuse. Domestic violence incidents are more effectively handled through continuous training of officers. Some of the factors officers face are: frustration on the behavior of the offender and the victim, unfamiliarity of pertinent statutes that deal with offenses related to domestic violence, and personal beliefs or biases about domestic violence. Training will give officers the information to assist them in understanding the dynamics involved in domestic violence that can affect the victim, the offender, and the police officer. New statutes will be discussed, along with methods, procedures, and in-service to all appropriate police personnel. The goal is to understand domestic violence and allow officers to more effectively investigate these offenses. Training must also be provided to EMS personnel. The American College of Emergency Physicians (ACEP), recognizes that EMS personnel have a role in domestic violence, and has issued the following policy statement: "Domestic violence is a serious public health problem. Consequently, emergency medical services (EMS) personnel may encounter victims of domestic violence. The interactions at the scene, the potential for harm to the healthcare provider, and the need for special documentation and communications differ from many other prehospital situations. ACEP believes that training in the evaluation and management of victims of domestic violence should be incorporated into the initial and continuing education of EMS personnel. This training should include the recognition of victims and their injuries, an understanding of the patterns of abuse and how this affects care, scene safety, preservation of evidence, and documentation requirements. " The ACEP goes on to say abuse should be suspected when injuries sustained do not fit the history, and when patients seem ashamed or embarrassed about their injuries. Accidental injuries tend to involve the extremities and periphery of the body, whereas injuries from domestic violence tend to involve contusions and lacerations of the face, head, neck, breast and abdomen. (Randall T; Lawrence J M, et al; Domestic Violence and Health Professionals. Med J Aust 1993;158:86) EMS Personnel must understand the cycle of violence to adequately assess the situation and care of the victim. They must understand that the victim may go through feelings of shame, humiliation, and responsibility for the violence. They must understand why victims stay in abusive relationships and what factors may help them to eventually leave. Understanding the dynamics of domestic violence may reduce the frustration health care providers feel because of its recurrent and ongoing nature. EMS personnel must also be trained on crime scene safety. If domestic violence is suspected law enforcement must be notified and EMS personnel should not enter a scene until it has been "secured" by police. The victim and the perpetrator should be treated in a neutral and non judgmental manner. Violence may be directed toward EMS personnel, particularly if the perpetrator perceives that too much empathy is being directed toward the victim. It has been suggested to the ACEP that EMS personnel do not have enough training in the management of violence. One study reported only 67% of providers surveyed had some training and only 25% felt that they had any training assessing the scene for potential violence. (Robert G L, Lawrence J M, et al; Domestic Violence and Health Professionals. Med JAust 1993;158:86) Such training is essential when dealing with domestic violence, and educational programs should include scene assessment, management of violence, and the dynamics of domestic violence. EMS personnel also need training on the preservation and documentation evidence. Domestic violence is a crime; therefore, the scene must be treated as a crime scene. Standard precautions regarding preservation of evidence should be exercised. Training in these techniques by law enforcement personnel is beneficial. Documentation should be comprehensive and accurate. History obtained from the victim, alleged perpetrator and witnesses should be recorded. Documentation of the scene should occur in the event that police officers are not initially on the scene. A precise recording of the injuries and the mechanism of injury should be recorded, along with any excited utterances. Behavior of the victim and perpetrator should also be documented. All this is necessary in the event the case goes to court and the victim recants her statements to police. According to Battalion Chief Lloyd Narimatsu, Hawaii Fire Department Training Section, there is no curriculum in their training program that addresses domestic violence. Battalion Chief Narimatsu welcomes any training the Hawaii Police Department can provide to their personnel in the area of domestic violence. Except for recruit training all training is scheduled during normal work hours, alleviating overtime expenses. Any personnel may attend training on a voluntary basis. It is believed that with continued training of police officers and the training of EMS personnel, proper documentation and gathering of evidence will lead to more stronger cases presented in Court or referred to the Office of the Prosecuting Attorney. B. GOALS AND OBJECTIVES To improve the handling of domestic violence incidents within the County of Hawaii through proper handling of the investigations by police officers and increased sharing of information pertinent to the victim and the abuser between police and EMS personnel at the scene of a domestic violence incident. We will achieve these goals by: A. Training police officers in the handling of domestic violence related incidents. B. Training fire department personnel on their role in domestic violence. C. PROJECT ACTIVITIES A. Provide domestic violence training to all scheduled police recruit classes. B. Provide in-service training on domestic violence to police personnel assigned to the Field Operations Bureau on a scheduled basis, a minimum of 24 sessions during the project time period. C. Provide domestic violence training to the Hawaii Fire Department personnel at their recruit training classes. D. Provide in-service training on domestic violence to Emergency Medical Service Personnel of the Hawaii fire Department on a scheduled basis, a minimum of 12 sessions during the project time period. The Hawaii Police Department presently provides sixteen (16) hours of initial training in domestic violence to all police recruits. The training provides an overview of domestic violence, the dynamics of domestic violence, specific laws related to family or household members, department procedures, lawsuits and liability, laws related to minors and dependant adults, and protection orders. These training sessions are held at the Department's Recruit Training Room in Hilo. Detectives Ronald Paul and Alex Graves, who are assigned to the Domestic Violence Unit, give this training. Speakers and presenters are provided by Alternatives to Violence, Family Court, and the Prosecutor's Office. This practice will continue. In an effort to provide patrol personnel throughout the County with up-to-date instructions, training sessions will be scheduled throughout the time period of this project. There are eight (8) police districts, each comprised of three (3) shifts or watches. All districts will be provided with training on the dynamics, requirements, and proper handling of domestic violence incidents. In addition, during these sessions, specific issues that are brought to the attention of the instructors can be addresses and solutions sought. A minimum of twenty-four (24) training sessions will be provided to police personnel. The training will available to personnel assigned to other assignments, such as Investigations, as requested. The time for police in-service training will be for at least two (2) hours. Some of the sessions may be scheduled after the end of a work shift. These in-service training sessions will be conducted at the district stations. The Hawaii Fire Department will be provided with training during their recruit classes, which average approximately one (1) a year. Training will also be provided to HFD personnel already assigned to stations throughout the County of Hawaii. Training would cover such topics as the dynamics of domestic violence, characteristics of both the victim and the abuser, safety, evidence preservation, and documentation. Methods of providing medical care for the injured will be left to their training program. The HFD training will be scheduled for eight (8) hours, with a minimum of twelve (12) sessions throughout the islands. Facilities used will be the fire stations and other County facilities available within the district where the training is held. RFD personnel will be instructed on topics such as the dynamics of domestic violence, the police role, the EMS/HFD role, scene preservation, spontaneous statements, documentation of their observations, information sharing with police personnel at the scene, and other pertinent topics that arise. All instruction sessions and materials will be prepared by the Hawaii Police Department Domestic Violence Unit, and will be consistent and uniform in East and West Hawaii. To keep all teaching and presentation materials readily available, while still maintaining the ability to update and refine these materials, the Hawaii Police Department will be utilizing notebook computers, computer programs, and compatible projectors in all training sessions. Through the use of computer programs installed within the notebook computers, documents, handouts, and slide presentations, and other materials, can be prepared. Hard copies of the presentation material can be readily printed on existing printers within the Department. By linking the notebook computers to the projectors, visual presentations of the materials that are presented in the sessions can be viewed by those in attendance at the sessions. Visual presentations are more likely to be retained by the "student" than presentations solely utilizing the lecture format. Another advantage to the use of the notebook computers and projectors is their portability and ease of transport from session to session. The items do not take up too much space and are easily set up for each presentation. D. PROJECT ORGANIZATION AND MANAGEMENT The project will be under the control of the Captain of the Criminal Investigation Division, situated in Police Headquarters, Hilo, Hawaii. Captain James Day presently holds this position. Captain Day will report to the Assistant Chief of Investigative Operations as to the status of the project, its operation, goal attainments, and overall progress. The staff will be under the control of the Lieutenant of the Juvenile Aid Section, situated in Police Headquarters, Hilo, Hawaii. Lieutenant Larry Weber presently holds this position. Lieutenant Weber will report to Captain Day of the project status and ensure compliance with the project guidelines and requirements. The Detective assigned to complete the goals and objectives of the project is the East Hawaii (Area I) detective assigned to the Domestic Violence Unit. It shall be the responsibility of this detective to facilitate and provide the training to affected personnel for East Hawaii. This detective also serves as manager for the project. The Detective assigned to the West Hawaii (Area II) Domestic Violence Unit shall conduct those training sessions in the West Hawaii area. E. PERSONNEL/BIOGRAPHIES Resumes of assigned personnel will be provided upon the assignment of personnel to the proj ect. F. PARTICIPATING AGENCIES The Hawaii County Fire Department supports this project and welcomes any training that helps to curb violence in our communities. A letter of support from Fire Chief Edward Bumatay is included with this application. Agencies that will be involved in the training will be: A. Office of the Prosecuting Attorney - to provide instruction on the laws and reporting requirements for successful prosecution of offenders. B. Family Court - to provide instruction to police personnel on the police role concerning protective orders. C. Victim Advocate Groups - such as Alternatives to Violence, Child and Family Service - to provide a panel of victim, abuser, and child that have lived in violent households to provide class attendees first hand insight into the lives of these individuals. These groups will also inform the classes of the services they offer and how to make referrals to their agencies. Other agencies or individuals may be utilized upon their availability and subject content as the need arises. G. EVALUATION The following will be utilized to measure the performance of the project: A. The number of training sessions provided to police recruits.* B. The number of in-service training sessions provided to patrol personnel.* C. The number of training sessions provided to fire recruits.* D. The number of training sessions provided to EMS/Fire personnel.* E. Evaluation of each session will be conducted by the attendees to determine the applicability of the presentation and material to their specific disciplines, which would include recommendations for improvement. G. Quarterly evaluation will be conducted to determine the effectiveness of the training sessions in improving information sharing between police and EMS personnel that provides pertinent information toward the investigation of domestic violence and related incidents. H. Data collection and analysis will be the responsibility of the Domestic Violence Unit Detective, Area I. - * (and number of personnel trained in each session) PART III. BUDGET DETAIL AND EXPLANATION A. Equipment Description Quantity Cost Dell Notebook Computer, with 2 @ $4,500 $9,000.00 Microsoft computer programs applicable to project. (1-East Hawaii DVU; 1-West Hawaii DVU) LCD Projector 2 @ $5,250 $10,500.00 (1-East Hawaii DVU 1-West Hawaii DVU) Estimated Federal Funds Required $19,500.00 Matching Funds (25%) Will be obtained from the salary expenses of assigned $6,500.00 Domestic Violence Unit personnel. Total Estimated Project Costs $26,000.00 Edward Bumata Stephen K Yamashiro Ybuchw y r Russel M. Idlyae DepIug FbV ChUf ffauntg of pauf aii FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane, Room 6 • Hilo, Hawaii 96720-4939 (808( 9614297 • Fax (808(9614296 January 31, 2000 Police Chief Wayne Carvalho Hawaii Police Department 349 Kapiolani Street Hilo, HI 96720 Dear Chief Carvalho: It gives me great pleasure to support the Hawaii Police Department in their effort to secure funding for the STOP Violence Formula Grant. We, in the public safety sector, work hand-in-hand in our endeavor to curtail and stop violence. The only way to assist is by funding through the Federal Government due to our economy being in the depressed state that it is. We look forward to working with the Police Department in this worthwhile endeavor. Sincerely, EDWA D TAY Fire Chief EB/mo ~p\1 COO w 2 ,.t ''DER` PART IV. ATTACHMENTS A. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3) B. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A) C. CERTIFICATION OF NON-DISCRIMINATION (AG/CPJAD #15) D. _ CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENT (AG/CPJAD #16) E. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (OCR Form, expiration date: 12/31/98) F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION (OJP Form 4061 /1) G. CERTIFICATION REGARDING LOBBYING (required only for awards of $100,00 or morel DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUBMITTED BY: Signature: clecl~' Date:- 7- o~ Name: Wayne G. Carvalho Title: n i; o rh;o~ Agency: HAWAII POLICE DEPARTmEml AG/CPJAD 03 01/96 ACCEPTANCE OF CONDITIONS The undersigned agrees, on behalf of the applicant agency, that: 1. This project, upon approval, shall constitute on official part of Hawaii's Violence Against Women Formula Grant Program established under Title IV of the Violence Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322. 2. Any grant awarded pursuant to this application shall be subject to and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law No. 103-322, as applicable; (c) any special conditions contained in the grant award; and (d) general and fiscal regulations of the Crime Prevention and Justice Assistance Division. 3. Any grant received as a result of this application may be terminated, or fund payment may be discontinued, by the Crime Prevention and Justice Assistance Division when it finds a substantial failure to comply with the foregoing provisions, the application obligations or for non-availability of funds. SUBMITTED BY: Q / Signature: Date: - -7 Name: Wayne G. Carvalho Title: pnt ; ~A r h i Af Agency: Hawaii County Police Department AG/CPJAD #14A (8/96) CERTIFICATION OF NON-DISCRIMINATION I certify that the applicant agency will comply with and will insure compliance by its subgrantees and contractors with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and 42 USC 3789 (d) ; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Title II of the Americans with Disabilities Act (ADA) of 1990; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability 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 tc discrimination under, or be denied employment in connection with any progran 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 Equa: Employment Opportunity Progran (EEOP) in accordance with 28 CTR 42.301, 2.1 sea., it will maintain a current one on file. Noncompliance with tht discrimination regulations may result in the suspension or termination o: funding. SUBMITTED BY: Signature:. Date: Name: Wayne G. Carvalho Title: ant;rA r'hiof Agency: Hawaii County Police Department AG/CPJAD 015 01/96 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS ,I. The Hawaii County Pn1;r2 I~anartmanr (hereinafter referred to as "grantee") certifies that it will provide a drug-free workplace by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing 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; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for druc abuse violations; (c) making it a requirement that each employee to be engaged in thf performance of the grant be given a copy of the statement requirec by paragraph (a); (d) notifying the employee in the statement required by paragraph (a' that, as a condition of employment under the grant, the employef will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute convictio for a violation occurring in the workplace not later tha five (S) 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 suc conviction; AG/CPJAD 016 01/96 (f) taking one of the following actions with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including teraination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain a drug-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 SUBMITTED BY: Signature: Date: 4-7 Name: Wayne G. Carvalho Title: Police Chief Agency: Hawaii County Potira n « AG/CPJAD #16 01/96 CERTIFICATION Grant Title: Domestic Violence Training Grantee Name: Hawaii County Police Department Address: 349 Kapiolani St. Contact Person: Tel. A. Hilo, Hawaii 96720 Detective Ronald Paul (808)961-8883 Grant Number: 99-WF-2 Award Amount: $26,000. Date and effective duration of EEOP: February 23, 1993 (no expiration date) Policy Statement: See attached Statement of Policy CERTIFICATION (EEOP ON FILE) Certification Statement: I, Wayne G. Carvalho [agency executive officer], certify that the Hawaii County Police nPnartmPnt (agency] his formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, S1 fig„ subpart E, that it has been signed into effect by the proper agency authority and disseminated to all employees, and that it is on file in the Office of t h P c h i P f (name], Wavne G. Carvalho ,349 Kapiolani Street. Hilo. Hawa;; gF77n (address], (title], for review or audit by officials of the cognizant State planning agency or the Office for Civil Rights. Office of Justice Programs as required by relevant laws and regulations. Police Chief 7-&D Sig ] [fie] [date] CERTTFICA7TON (NO MWP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN 30 EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 28 CFR 42.301, 91 (signature] (tide] [fie] Expitadon Date: M31198 Revised 21221% Mew t. ~u~a~atw ' I R *or I, I I The Affirmative Action Plan of the County of Hawaii is availanle for review at the Mayor's Office, Department of Civil Service, Rona Services Center, and public Libraries. i i STATEMENT OF POLICY it is the policy of the County of Hawaii to take positive and continuing action to promote equal opportunity in its I emp'.zyment and contract programs and in its activities and i Equal em?loyment Opportunities extend to all persons, regard:esa of race, sex, age, religion, color, national origin, andicap, marital status, or arrest and court record. rt is the intent of this Folic, to: 1. Assure equal trwarment in recruitment and evaluation of an individual's ability, knowledge, skills, and 2. Ensure non-discrimination in all personnel actions, including zut nor. limited to recruitment., selec-tor., assi=nment, compensation, transfer, lavotf, and a_-ninoci:)n. 3. Ensure :rat opportunities for career advancement are Lased on on;ective standards and criteria valicll re.ar_ed ro performance and that the criteria he applien cnr,sist.ently. Provice t:at the conditions'and benefits of work are availatle equally and allocated on the basis of estatlisned criteria and ltthnut discrimination. f The :slier of equal opportunity_ shall be applied in accordance j witr. teceral, state, and local laws relating to equal empicyment cpnor:Linit-7 in d affirr..arLve action, merit system rules and :equlations, nro:-isions of collective bargaininq law ant con t acts, and other _indire federal and =fate requiremen-s. i _X CH_TBIT I1 ` ~fil U.S. DEPARTMENT OR JUf TILL OFFICE OR JUSTICE PROGRAMS OFFICE OF THC COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub-Recipient) This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 26 CFO Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1966 federal Register (pages 19160.19211. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it not its principals are presently debarred, suspended, proposed for debarment, declared Ineligible, or wluntarly excluded from participation In this transaction by any Federal department or agency. (2) Where the prospective lower tier participant Is unable to certify to any of the statements In this eertitl- cation, such prospective participant shall attach an explanation to this proposal. Wayne G. Carvalho, Police Chief Name and Title of Authorised Representative Signs, u Dade 2 Hawaii County Police Department, Countv of Haws,;; Name of Organization 349 Kapiolani Street Address of Organization Hilo, Hawaii 96720 am Pow AMA O V. Lrl P"WWA .eemwo am *boom".