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HomeMy WebLinkAboutCOM 0605.000 1998-2000 YY OF M OJa••••"'•~,~1 Stephen K. Yamashiro \JiG,~•' Harry A. Takahashi Mayan Dvector ur;o,• y .o`,,~ S. K. Schulte '~>'p'OF N'Jt Deputy ~ourrtp of ~amaii DEPARTMENT OF FINANCE 25 Aupuni Streeq Room 118 Hilo, Hawaii 96720-4252 (808)961-8234 Fax (808)961-8248 December 22, 1999 rl, ~ cl' ~ . i_ r-~ _ °i~ Honorable James Arakaki, Chairperson and = - Members of the County Council Hawaii County Council 25 Aupuni Street - Hilo, Hawaii 96720 c~ Re: Operating Budget Enclosed is a bill for an ordinance appropriating $48,720. The State Department of the Attorney General Crime Prevention and Justice Assistance Division has provided the Hawaii County Police Department funding for Service of Protection Orders. This grant is provided to improve the Police Department's response to crimes of violence involving women by ensuring service of court issued documents that will include protection orders, Family Court subpoenas and other court documents involving crimes of violence committed against women. Also enclosed is a resolution authorizing the Mayor to enter into an agreement with the State Department of the Attorney General. If there are any questions, please do not hesitate to call the Hawai i County Police Department. ~h,. Harry A. ahashl~ V~~' Director of Finance APPROVED: n Stephen K~~shir//o/° Mayor Enc. w~ 8t / 93 Comm. No• ~f ~Qes , /98- 2/r File No. h~~ C'~' Ref. To: Ref. Date_ DEC 2 2 1999 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE DATE: 12/14/99 STAFF CONTACT: GARY MAESATO. BUSINESS MANAGER PHONE: 961-2274 A. REQUEST: To appropriated $48,720.00 entitle "Service of protection Orders" under the object code 115. To enter into a contract with the State Department of the Attorney General Crime Prevention and Justice Assistance Division to provide funding under the Service of Protection Orders. 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 Department's response to crimes of violence involving women by ensuring service of court issued documents that will include protection orders, Family Court subpoenas and other court documents involving crimes of violence committed against women. The objective will be accomplished by: 1) serving a minimum of 80% of the Temporary Restraining Orders; 2) improving the quality of police investigations; 3) ensure 100% case management of protection order violations documented by police; 4) revise and update the Department's policies and procedures relevant to the investigation of protection order violations; 5) ensure service of all protection orders and Family Court documents; 6) continue to coordinator efforts between police and prosecutors for expeditious prosecution. SIGNED: 7;"`~~ NL^~/w~ DATE: 1ti~«-`19 W NE G. CARVALHO POLICE CHIEF Project Number 98-WF-5 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 the Hawaii County Police Department , hereinafter called "Grantee". WITNESSETH WHEREAS, Title IV of the Violent Crime Control and Law Enforcement Act of 1994, 92 U. S. C. 3796 g~ 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 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; WHEREAS, Grantee is qualified to receive funds available to Hawaii under the Act and its implementing regulations (28 C.F.R. 2 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 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 3 "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 January 1, 2000 to and including December 31, 2000 unless this Contract is sooner terminated as hereinafter provided. C. PERFORMANCE REQUIREMENTS AND CONDITIONS. 1. Grantee shall comply with the guidelines set forth in the Act and all applicable federal regulations and guidelines, including but not limited to Office of Justice Programs, ,STOP Violence Against Women Formula and Discretionary Grants Program Guidance, and Office of Management and Budget circulars and the effective edition of the Office of Justice Programs' Guidance Manual entitled "Financial and Administrative Guide for Grants." 2. If so required by Agency, Grantee shall certify ' to Agency that any expendable or nonexpendable personal property purchased or acquired with funds received under this Contract will 4 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. 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 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. 5 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 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 6 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. 8. Grantee shall provide for an independent audit of its activities on a periodic basis in accordance with Office of Management and Budget Circular A-128. 9. Grantee will comply with the non-discrimination requirements of the Act, Title VI of the Civil Rights Act of 1964 (with respect to race, sex, religion, creed, national origin), Title VII of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973 (handicap), as amended, Title IX of the Education Amendments of 1972 (race, sex, religion, creed, national origin), the Age Discrimination Act of 1975 (age), Executive Order 12138, 44 C.F.R. 29637 (affirmative action for women's business), 7 the United States Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 92, 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 g~ sea. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Six n ho and two hundred forty dollars (S16.240.001 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 (90) days after this Contract terminates shall be returned to Agency. 13. The source of funding for this contract is 8 federal funds and the provisions of Hawaii Revised Statutes, Section 29-15 shall apply. D. PERSONNEL. _ 1. Grantee shall secure at its own expense, all personnel required to perform the services required under this Contract. All such personnel shall not be considered employees of, or have any contractual relationship with the State of Hawaii unless Grantee is otherwise an agency of the State. 2. Grantee shall ensure that none of the work or services to be provided under this Contract shall be subcontracted or assigned without the prior written approval of Agency. E. SUBCONTRACTS. Grantee may provide some or all of the services required under this Contract by subcontract provided that Grantee secures the prior written consent of Agency. In the event Grantee enters into a subcontract with a private organization to perform any of the services or activities required under this Contract, Grantee agrees that the period of each subcontract shall not exceed one year, and funds to the private organization will not be released unless and until the requirements set forth in applicable State law and implementing rules are complied with by the subcontractor. All subcontracts shall include provisions to ensure that Grantee is capable of satisfying the requirements of this 9 Contract. All subcontracts shall be reduced to writing and shall include all provisions of this Contract required of Grantee. F. S RVT E AS IND LADEN ONT A TOR. 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 income, social security, and other federal, state or 10 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 Forty eight thousand seven hundred twenty dollars (S98,720.00) 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 contractor 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. 11 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 90, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. c. If an amount of reported expenditures is preliminarily determined by Agency to be inappropriate and unallowable, Agency may deduct an equivalent amount from the next payable installment and may withhold payment of the amount of the moneys equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by Agency to be inappropriate and unallowable, Agency may require that an equivalent amount of moneys be refunded to Agency notwithstanding Agency's preliminary determination of appropriateness and allowability. d. Failure to submit required reports by the 12 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. 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, 13 table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be _ made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/ statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to 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. 14 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 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. CONFLICT OF INTEREST. Grantee represents that it presently has no interest and promises that it shall not acquire any interest, direct or 15 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 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 16 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. 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. 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 17 request. 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 APPROVAL RECOMMENDED: Police Chief 18 ORIGINAL DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 APPLICATION FOR S T O P VIOL N A AiNCT WOM N ANT Part 1. TITLE PAGE A. PROJECT TITLE: S .RVI . OF PROT . TION O 1)FRS B. APPLICANT AGENCY: HAWAII COUNTY POI . D PARTM NT C. ADDRESS: 349 KAPIOLA_NI CTRFFT, HiLO, HAWAII 96720 D. PROJECT PERIOD: JANUARY 1, 2000 TO D MB R 1 X000 E. AUTHORIZED PROGRAM PURPOSE: ~ F. TOTAL PROJECT COSTS SOURCE OF FUNDS ~ PERCENT ~ AMOUNT Federal Funds ~ 75% ~ $48,720.00 Agency Match ~ 25% ~ 16,240.00 TOTAL ~ 100% ~ $64,960.00 G. PROJECT DIRECTOR: JAMES DAY TITLE: CAPTAIN Address: 349 Kaniolani Street, Hilo. Hawaii 96720 Phone: ($981961-2251 FAX: (808) 961-2376 H. FINANCIAL OFFICER: GARY MAF.SATO TITLE: BUSINESS MANA R Address: 349 Ka~iolani Street, Hiles. Hawaii 96720 Phone: (8081 961-2274 FAX: (808) 961-2390 FOR CPJA USE Date Received: 1 y ~ ~ Project Number: 9R-WF-S AG/CPJA #1-VAWA (2/96) EXHIBIT A PROBLEM The County of Hawaii's population is 135,499, or 11.1% of the total population in the State of Hawaii over a total of 4028 squaze miles. This results in about 34 persons per squaze mile. Regrettably, the County of Hawaii also has a tremendous number of domestic violence incidents per capita, documented by police in comparison with the other counties in the State. In 1996, a total of 1614 domestic violence incidents classified as Abuse of Family and Household Member, and Violations of Orders, were reported, investigated, and documented by police with a total of 627 arrests. In 1997, the total documented incidents were 1586 with 638 arrests. As of November 30, 1998, there were a total of 1276 incidents reported that resulted in 511 azrests. Historically, the majority of domestic violence incidents occur in the districts of South Hilo, Kona, and Puna. South Hilo and Puna aze adjoining districts and account for one- half ofall the reported incidents involving domestic violence. The number of reported and documented domestic violence incidents has led to a substantial amount of protective orders being processed and subsequently issued. During calendaz yeaz 1996, the Hawaii County Police Department served 349 (65%) of the Family Court issued Temporary Restraining Orders and Family Court Orders for Protection, while returning 192 (35%) to the Court as unserved. During 1997, 372 (67%) of the orders were served, with 183 (33%) returned as unserved. As of December 29, 1998, 478 (61 of the orders were served by patrol personnel, while 311 (39%) were returned to the Court as unserved. At this time, data has not been gathered that could be used to establish the number of court documents that have been issued and served as a result of other incidents of violence against women. These would include such documents as bench warrants for the arrest of a sexual assault or physical assault suspect who is not a family or household member. A Temporary Restraining Order or a Court Order for Protection are legal instruments that many victims of domestic violence obtain to protect themselves and their children from further physical harm. However, for protection orders to be effective, the stipulations of the orders must be strictly and consistently enforced and the violator must be punished. But, before police can take enforcement measures, the protection orders must be served on the respondent. The patrol officer has the primary responsibility for the service of protection orders. The patrol officer is also responsible for handling on-going complaints, many of which are emergencies. This, more often than not, will usually delay the service of the protection order. Another reason for delays, is the fact that many respondents aze awaze of the order and aze intentionally evading or hiding from the police, and until such time the respondent is served, no enforcement action relevant to the order can be made. This situation can be extremely dangerous and deadly for the victims, particulazly if the recovery of firearms is involved. Other reasons for delays, include situations where the respondent or perpetrator may live in remote azeas only accessible by four wheel drive vehicles or by means of hiking. This is a problem that patrol officers sometime encounter and is very time consuming, time that is not readily available. Again, this ultimately places the victim in further danger if the order goes unnerved or if the respondent is not apprehended for a law violation. In addition to serving TRO documents, patrol officers also have the responsibility of serving Family Court subpoenas. There aze numerous instances when officers aze unable to locate and serve the abuse victim with a subpoena for trial, resulting in prosecutorial delays and the possible dismissal of the case. Many abuse victims avoid service of the subpoena because they may have resolved personal problems with the perpetrator and no longer wish to pursue the matter. Other reasons may include the continued fear of the victim or children being harmed and/or the victim being coerced by threats not to testify. By insuring the service of protection orders and subpoenas on a timely basis, the safety and well-being of victims and their children, will be greatly enhanced. In 1999, the Hawaii County Police Department will be implementing a Domestic Violence Unit, with personnel in East and West Hawaii. The Department believes that by taking a more aggressive and definitive approach through effective service and enforcement of protective orders and Family Court subpoenas, we will be able to curtail domestic violence in our community, protect victims from further harm, and maybe even save lives of innocent victims. Due to the difficulties in the service of the protective orders and subpoenas, the Deparhnent would like to provide specialized service of the orders by officers on overtime status. This method would relieve the regularly scheduled patrol officer of the time used in trying to locate individuals that aze concealing themselves in an effort to avoid service of the documents and keep them available to respond to immediate crisis situations. It would also allow the officers on overtime the ability to be focused on the service of the documents, some of which may require tactics similaz to staking out a residence or favorite hangout of the individual to be served. As an additional note, it has been observed that when immediate service of the protective orders is not made, it places a burden on the Court to re-schedule additional hearing dates and to prepaze additional documents such as amended notices of hearings, orders to show cause, and amended protective orders. This then places a burden on the police department by creating additional documents that must be logged and tracked until service is completed or returned to the Court as unserved. GOAL. AND OBJECTIVES GOAL The goal is to improve Hawaii County Police Department's response to crimes of violence involving women by ensuring service of court issued documents that will include protection orders, Family Court subpoenas, and other court documents involving crimes of violence committed against women. OBJECTIVES A. Serve a minimum of 80% of the Temporary Restraining Orders, Orders for Protection, and other documents issued by the courts for crimes of violence committed against women in the County of Hawaii. B. Improve the quality of police investigations by training 80% of swom personnel in department policies and procedures relevant to the investigations and documentation of protection order violations. C. Ensure 100% case management of protection order violations documented _ by police investigations through review of all cases by the Domestic Violence Unit. D. Revise and update, as needed, the Department's policies and procedures relevant to the investigation of protection order violations to ensure agency enforcement of statutory mandates. E. Ensure service of all protection orders and Family Court documents involving domestic violence, by having these documents prioritized upon receipt by the Hawaii County Police Depaztment's Records Section. F. Continue to coordinate efforts between police and prosecutors for the expeditious prosecution of protection order violators. PROJECT ACTIVITIES A. The majority of domestic violence incidents occur in the districts of South Hilo, Puna, and Kona, resulting in lazge numbers of protection orders to be served. This project will be concentrated in these districts. This will not preclude other police districts from serving Family Court protection orders. B. The Domestic Violence Unit will provide training to 80% of swom department personnel in procedures relevant to the investigations of restraining order violation incidents. Training will be conducted during recall, in-service, and recruit training sessions. This will ensure that investigations and documentation aze complete and accurate. C. The Sergeants of the Domestic Violence Unit in East and West Hawaii will review all restraining order violation reports to ensure that police investigations and documentation of the incidents aze complete and accurate, ensuring that efforts aze being made for the apprehension and subsequent arrest of the violators. The Domestic Violence Unit will also be utilizing grant funds to finance overtime expenses for required service of documents. _ D. Department policies and procedures governing the investigations of restraining order violations will be developed and implemented. This will include procedures relevant to the service of restraining order documents by police officers. E. The Sergeants of the Domestic Violence Unit in East and West Hawaii, will conduct periodic checks on the status of unserved orders in their respective azeas. When necessary, the Domestic Violence Unit will attempt service of unserved orders, which may involve overtime assignments. F. Attend bi-monthly meetings with the Deputy Prosecuting Attorney assigned to prosecute domestic violence cases. PROJECT ORGANIZATION ND MANA MFNT The project will be under the control of the Captain of the Criminal Investigation Division, situated in Police Headquarters, Hilo, Hawaii, presently Captain James Day. 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 Unit will be under the control of the Lieutenant of the Juvenile Aid Section, situated in Police Headquarters, Hilo, Hawaii, presently Lieutenant Lazry Weber. Lieutenant Weber will report to Captain Day of the Unit's and project's status and ensure compliance with Federal reporting requirements. The lead supervisor of the Unit will be the Sergeant that is assigned to the South Hilo or Area I Section of the Unit. This Sergeant's responsibilities, in addition to those listed earlier in this narrative, will include preparation of required reports and submittal of such reports in the established time tables. The other personnel, the Sergeant in Kona, or Area II, and the Police Officer III's, have responsibilities as described earlier in this narrative. The names of personnel to the Domestic Violence Unit will be provided upon their assignment. OTHER PARTICIPATING A N I /RF O iR Initially, no other agencies will be involved in the service of orders of protection, but it is anticipated that upon the commencement of this project, Alternatives to Violence will become more active in assisting individuals requesting assistance in preparing the orders. ATV will also become more involved in advocacy service to the petitioners. The Office of the Prosecuting Attorney will be required to present more cases for trial upon the successful service of the documents, which will include prosecution of offenders. EVALUATION The following performance will be utilized to evaluate the effectiveness of the project. A. Increase/decrease in the number of restraining order violation documented by police. B. The increase/decrease in the apprehension and arrest of restraining order violators. C. Number of training sessions conducted for sworn police officers of the Hawaii County Police Department and the total number of officers in attendance. D. Evaluation of the project through feedback from DVIAT and domestic violence victims. E. Number of court documents, such as Temporary Restraining Orders, Protective Orders, Family Court subpoenas, served during the grant period by the Hawaii County Police Department. PART III. BUD .T D .T i .AND XP ANATION COST ELEMENT AMOUNT MATCHING FUNDS East Hawaii DV Unit Supervisor $22.85 x 2.0 hours x 51 weeks $2,330.00 (15% of agency match requirement) Employee wages of law enforcement 13,910.00 personnel involved (85% of agency match requirement) Total Agency Match Requirement $16,240.00 OVERTIME $29.00 x 140 hours x 12 months $48,720.00 Total Overtime Estimates $48,720.00 TOTAi, PRO TF.CT B ID . T 564,960.00 F.XPi .ANATION Hawaii County Police Department estimates a minimum of 140 hours of overtime per month will be utilized by patrol personnel for service of protection orders, Family Court subpoenas, and for the apprehension and arrest of offenders. Assistance in service of protective orders involving the recovery of firearms may be requested of the Domestic Violence Unit. The Department will be utilizing wages of Patrol personnel to provide for the required agency match. In addition, the Department will also be utilizing the salary of the Domestic Violence Unit Sergeant in East Hawaii who will be working directly with this project approximately 2.0 hours per week. PART IV. ATTACHMENTS A. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #3) B. ACCEPTANCE OF CONDITIONS (AG/CPJAD #14A1 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 S 100,00 or morel DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION OF NON-SUPPLANTING "I certify that federal funds will not be used to supplant State, local or other non-federal funds that would, in the absence of such federal aid, be made available for law enforcement, criminal justice, and victim compensation and assistance activities. SUHAlI7'TED HY : 11nn signature: ~'t`'^7~"L~' Date: JUN 14 1999 Nal3.: WAYNE G. CARVALHO Title: POLICE CHIEF Agency: HAWAII CGUNTY POLICE DEPARTMENT AG/CPJAD #3 01/96 / ~ ACCEPT,\NCE OF CONDITIONS The undersigned agrees, un behalf of the applicant agency, char. This project, upon approval, shall constitute un olticial part of Hawaii's Violence Against \VOmen Formula Grant Pro,ram established under Title lV of the Violent Crime Control and Law - Enforcement Ac[ of 1994, Public Law Nu. 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 Enforuement Act of 1994, Public Law No. 103-322, as applicable; (b) conditions applicable to the fiscal administration of grants under Title 1V of the Violent Crime Control and Law 1:n IUfCCment Act of 1994, Public Law No. 103-322, a3 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 terminatal, ur fund payment may be discontinued, by the Crime Prevention and lustice Assistance Division when it finds a substantial failure to comply with the t'oreguing provisions, the application obligations or for nun-availability of funds. SUBMITTED BY: • _ ~ ~ ~i~~, A. _ JUN 14 1999 Signature: W ~-~w Date: Name: WAY G. CARVALHO Title: POLIt~ CIiIEc Agency:• HAWAII COUNTY POLICE DEPARTMENT AG/CP1AD X14A (8/96) CE1._IFICATZON OF NON-DZSCRIMIA..PION 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 oP 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 Aqe 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, sax, or disability, ba excluded from participation in, be denied the banatits of, ba subjected to discrimination under, or ba 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. The applicant agency also certifies that, i! zaquired to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, sea., it will maintain a currant one on file. Noncompliance with the discrimination raqulatione may result in the suspension or termination of funding. SUBliITTED HY: ~a, C~a~,Q,C.p JUN 14 1999 Signature: Data: N~a; WAYNE G. CARVALHO Title: POLICE Q3IEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD X15 01/96 DEPARTMENT OF THE ATTORtJEY GENERAL Crime Prevention and Justice Assistance Division CTRTIFICATION REGARDI*IG DRUG-ARFr WORKP~CE REOUIRE*tFNTS I. - HAWAII CCUNTY POLICE DEPARTMENT (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 drug abuse violations; (c) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms o! the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than Live (S) days after such conviction; (a) notifying the Dspartment of the Attorney General, State of Hawaii, within tan (10) days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; AG/CPJAD 116 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 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, lav 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, States, Zip Coda City, State, Zip Code HAWAII County County STJBMITTED BY: Signature: C~C~h~ Dater ~ , ~ NdIDe: WAYNE CARVALHO Title: POLICE CHIEF Agency: HAWAII COUNTY POLICE DEPARTMENT AG/CPJAD /16 01/96 CERTIFICATION Grant Title: SERl7ICE OF PROTECTION ORDERS Grantte Name: HAWAII COUN'T'Y POLICE DEPARTfg'NT Address: 349 KAPIOLANI STREET Contact Person: DETECTIVE Tel. M: (808) 961-2276 HILO, HAWAII 96720 LAWRENCE BALBERDE - Grant Number: 98-wF-5 Award Amount: 564,960.00 Date and ef)`bctive duration of EEOP: FEBRUARY 23, 1993 (NO E}{PIRATION DATE) Policy Statement: See attached Statement CERTIFICATION (EEOP ON FILE) Certification Statement: I, WAYNE G. CARVALHO [ageacy executive officer], certify that the HAWAII COUN'T'Y POLICE DE~A~~,~'~_,('(1JjfTTY OF HA[4ATT (agency] haS formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, g subpart E, that it has been signed into effect by the proper ageacy authority end dsceR_.~ted to all employees, and that it is on file in the Office of wArn~ c. CARV*.LHO frame], 349 KAPIOLANI STREET, HIIA, HAWAII 96720 [title], for review of audit by officials of the cognizant State planning agency or the Office for Civil Rights, Office of Juatitx Programs as required by relevaat laws aad regulations. n4Q,~„u;(a. ~WlQ.1.~~c POLICE CHIEF JUN 14 1999 [signature] YNE cARVALHO [title] [date] CERTIFICATION (NO EEOP REQUIRED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN SO EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIN AN ESOP, PURSUANT TO 28 CFR 42.301, ~ ,~Q. [~s~~] [title] Ezpiratitxi Date: 12x31x9g Revised 2x22/96 I T. !Y*~TOt;M1 w~ip ~Cy~l~~ _ _ I ~~~or f . f I~ 'i I, The Affirmative Action Plan of the County of Eiawaii is ~i availaole for review at thQ Mayor's Office, Department of Civil Servtcw, Rona Se-vices Center, and public Libraries. ~I S?A_E:lE:~. OP POLICY It is the police oz the County of Hawaii to take positive and II continuing action to promote equal opportunity in its II emp ~ynent ant con*_ract programs and in its activities and s.,t ~ . i Egsal enploynent cppor*unities extend to all persons, :egard:ess of race, sex, age, religion, color, national origin, andicnp, aaritai status, ar arrest and court retard. It is i *_ae intent of ti:.s ~+olic•; to: • Assure equal r.rwarmwne in recruitment and evaluation of an individual's ability, knowledge, skills, and `•erit, ' 2. Ensure non-discrimination in ali personnel aetier,s, including cur. nor. liattad to recruitmenr., salee-tor., i assianmene, compensation, transfer, layot:, and ~ ;.~_~ninoti~~n. I ' ~ 3. Ens~:e .r.at oppozcuritias for career advancement a:e based on oa;ective stnnaards and cr:terin valiclj ~ reared co pwrforaance and tier the criteria ne dpFlte~ (`:fr,SIST.ently. 7r:.J1Ge t at tae conditions 'and aenetits of work are available nually and al:ocatrad an the basis cf es:a~lisnad criteria and •w;thout diseriminar.:on. t I T_he ~cl:c•r o. equal opnortunit~ shall be npnlied in accordance j witr. =eceral, state, and local laws relating to cove! emnicyment tenor=:.ir.it_~ ;-c aifirrative action, aerit system rules and ;equlations, cro:•isions of collect'_ve bargaining law ane contr:,c.s, and oti.er i;Lndir:g federa: end a=ate =equire*rEnts. , a1iIBIT u U.f. OERARTM[NT 0/ JUiTICF 0/FICt O~ JUSTIC[ ~R06RAMf O~fIC[ OF TM( COM~TROLL[R Certiilcation Regarding Oebarrnent, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions ' (Sub-Recipient) This certiflutlon Is requlrsd by the regulations Implementing Exeeutiw Order 12549, Debarment and Suspension, Z8 CFA Part 67, Section 67.510, Participants' nsponslbllitles. The regulations wen published as Part VII of the May 28, 1988 feden/ Register (paper 19180~19211~ (BEFORE COMPLETING CERTIFiCAT10N, READ INSTRUCTIONS ON REYERSQ (1) The prospectNe bwer tier participant certifies, by submission of this proposal, that neltMr It nor Its principals en presently debared, suspended, proposed for debarment, declared IneIIplDle, or voluntariy excluded from partioipatlon In this transaction by arty Federal depsrtr»nt or agency. (2) When the prospeethre lower tNr participant la unable to certify to any of the statements In this eertltl- utlon, such prospective participant shall attach an expgnatlon to this proposal. WAYNE G. CARVALHO, SLICE CHIEF lV+srr+a" and Title o11f''.Author//l~~zed Rye/p~n~se~n~t~a~tlw Slq~x~un Date~°°~ HAWAII COUNTY POLICE DEPARTMENT, COUNT' OF HAWAII Name of Organization 349 KP.PIOLANI STT2EET, HILO, HI 96720 Address of Organization OA ~ tlNn IPlV. l/Al hwb„~ bNbM M aONeYM.