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HomeMy WebLinkAboutCOM 0061.000 1998-2000 oJ~tr oF.N~~' Stephen K. Yamashiro \~Vl~{ Harry A. Takahashi Mayor Director ur e,• ,,.,.~o S. K. Schutte ire us Heat Deputy ~ouutp of ~amaii DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 Hilo, Hawaii 96720-4252 (808)961-8234 Fax (808)961-8248 December 21, 1998 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council - 25 Aupuni Street Hilo, Hawaii 96720 Re: Amendment to Operating Budget Enclosed is a bill for an ordinance to appropriate $49,264 for a grant received from the federal government entitled "Sexual Assault Nurse Examiner Coordinator." Funds are being provided to hire a sexual assault nurse examiner coordinator to manage and coordinate this program. A resolution authorizing the Mayor to enter into an agreement for this grant is also enclosed. If there are any questions, please do not hesitate to call the Police Department. ry Har~ A. akahashi Director Finance APPROVED: 6fephe1n~`1' a Mayor Encs. t- ! , Oe~oa N~._,_, ~ / 1Um Ne. ~ rir i` l+at. ~ F'G Ref. Date dEC 2 3~~ Form B-52 7/18/91 DEPARTMENT OF FINANCa REQUEST FOR COUNCIL ACTION DEPARTMENT: _ POLICE DATE: _12/16/98 STAFF CONTACT: GARY MAESATO L BUSINESS MANAGRR _ _ PHONE: 961-2279 A. REQUEST: To create an account entitled "Sexual Assault Nurse Examiner Coordinator" for $99,269.00 under the following object codes: 115 96,669.00 959 2,600.00 B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED The State of Hawaii Department of the Attorney General Crime Prevention and Justice Assistance Division is providing funding to hire a sexual assault nurse examiner coordinator to manage and coordinate this program. T)re number of certified sexual assault nurse examiners will be increased each with a minimum of twelve in-service training sessions. SIGNED : ~ ' ~~VG/ DATE : l Z -1 ~ v YNE G. CARVALHO LICE CHIB'F Project Number 97-WF-5 C O N T RAC 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. 1999 to and including December 31. 1999 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 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. 92.301 g~ sea. it will submit a certification to Agency that a current program is on file. 11. Grantee shall ensure that Sixteen thousand four hundred and twenty one dollars (S16 421 001 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 Chapter 42D, Hawaii Revised Statutes, and the implementing rules of the Department of Budget and Finance, State of Hawaii, insofar as applicable, are complied with by the subcontractor. All 9 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 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 10 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 Forty nine thousand wo hundred sixty four dollars (S99 264 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 11 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 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 12 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. 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. 13 J. CONFIDENTIAL MATERIAL. Any information, data, report, record, summary, table, map, or study given to or prepared or assembled by Grantee under this Contract which is identified as proprietary or confidential information that Agency requests to be kept confidential shall be safeguarded by the Grantee and shall not be made available to any individual or organization other than any subcontractor to which the material may relate, without prior written approval of Agency. Grantee shall submit a completed Privacy Certification for review and approval prior to the expenditure of funds for the collection of identifiable research/ statistical data. All information, data, or other material provided by the Grantee or the Agency shall be kept confidential only to the extent permitted by law. K. COPYRIGHT AND PATENT. The Agency shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the Grantee pursuant to 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 14 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 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. 15 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 ONTRA T. 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 16 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 notwithstanding, Grantee shall not be relieved of liability to Agency for damages sustained by Agency because of any breach by Grantee of this Contract. 0. WAIVER. 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 17 final decision of such dispute, Grantee shall proceed diligently with the performance of this Contract in accordance with Agency's 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 Dir r f Fin n APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel APPROVAL RECOMMENDED: w~~G. C~,w,w~~ WAY G. CARVALHO, Police Chief 18 ORIGINAL DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division 425 Queen Street Honolulu, Hawaii 96813 APPZIC~ITION FOR S T O.P VIOLENCE AGAINST WOMEN GRANT PART 1. TITLE PAGE A. PROJECT TITLE: Sexual Assault Nurse Examiner Coordinator B. APPLICANT AGENCY: Hawaii County Fblice Department C. ADDRESS: 349 Kapiolani Street, Hilo, Hawaii 96720 D. PROJECT PERIOD: Janua_ru t , 1999 -December 31 1999 E. AUTHORIZED PROGRAM PURPOSE: 3 F. TOTAL PROJECT COSTS: SOURCE OF FUNDS PERCENT AMOUNT Fedsrd Fundf 75$ $49,264.00 Agency Mstch 25~ 16,421.00 TOTAL 100 $65,685.00 G. PROJECT DIRECTOR: Morton Carter Title: Captain Address: 349 Kapiolani Street, Hilo, Hawaii 96720 Phone: (808) 961-2251 FqX; (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 FpOR CPJA USE Date R~cdr~d: J ll I 2 g ~99U P~oJ~ct Number: -l'J~'y AGlCPJA /1-VAWA 12Na1 EXHIBIT A PART II. DESCRIPTION OF PROJECT Problem The Hawaii Police Department views physical and sexual violence against women as a serious problem which is being reported much more frequently as community awareness and cultural inhibitions diminish. The Hawaii Police Department's Criminal Investigation Sections in Area I (East Hawaii) and Area II (West Hawaii), have the responsibility of investigating adult sexual assaults and felony physical abuse/homicide cases. Misdemeanor physical abuse cases are investigated by patrol officers assigned to the respective eight county districts. The Juvenile Aid Sections of East and West Hawaii have the responsibility of investigating reports of child sexual assault and physical abuse cases. In 1995, the Hawaii Police Department investigated 218 incidents of sexual assaults, B91 Abuse of Family or Household Members, and 483 Violations of Temporary Restraining Order. In 1996, there were 437 incidents of sexual assault, 1,116 Abuse Family or Household Members, and 498 Violation of Temporary Restraining Order. In 1997, there were 220 incidents of sexual assault, 1090 Abuse Family or Household Members, and 496 Violation of Temporary Restraining Orders. In 1995, the Hawaii Police Department began to contract with independent Sexual Assault Nurse Examiners (SANE) to conduct forensic examinations of victims of sexual assault. This came about after a sexual assault victim waited over 5-1/2 hours in the Hilo Medical Center Emergency Room for an examination. The victim left the hospital after no qualified doctor could be found that would be willing or able to conduct the examination. Prior to contracting the SANE nurses, training sessions were held for certification of the examiners. As a result, 30 independent nurses received the training. Of those trained, there are now only six certified examiners in East Hawaii and three certified examiners in West Hawaii. The Nurse Examiners have received extensive training in classifying various injuries and bruising. They have also received further training in proper photography and documentation of these injuries for evidential purposes. Their training and experience in courtroom testimony will enhance the successful prosecution of these types of cases. -2- As an example, in January 1998, two sexual assault perpetrators were found guilty of sexually assaulting a juvenile female over a period of years. The victim reported the assault two years after the last sexual assault. From the forensic examination conducted by a certified SANE, evidence of repeated sexual assault and trauma was documented and testified to in court. Due in part to the testimony of the trained SANE, the trial ended in a successful prosecution, with the perpetrators both sentenced to over 20 years in prison for the sexual assault. Additionally, SANE may be utilized in the area of domestic violence where felony assaults and physical abuse have been perpetrated. The same procedures will be followed for documenting bodily injury. Further, their training and use of the colposcope are vital in documenting oral injuries. The colposcope is a photographic instrument that allows the nurse examiner to magnify areas of injury on the victim, exposing signs of injury and scarring not visible to the unaided eye. It is a non-intrusive instrument utilized by the nurse examiner who is trained in it's operation. Evidence of injury has been recorded with the use of the colposcope at differing magnifications that were not readily visible to the unaided eye of the examiner. The nurse examiners will also provide for a forensic examination and evidence collection in cases of female homicide victims where sexual assault is suspected. All supplies and laboratory analysis utilized in this program are provided and paid for by the Hawaii Police Department. The program is currently in need of a Coordinator to properly administer the above described program. These duties are currently being carried out by a detective assigned to the Juvenile Aid Section, Detective Randall Medeiros and the Chief Operating Officer (COO) of the Hilo Medical Center, Phoebe Lambeth. Carrying out these duties have curtailed and delayed the investigative and administrative duties needed to be conducted by both. For example, the certification process consists of two separate examinations, the first written, the second practical. The first segment of the exam must be passed with a minimum score of 808 before the second is administered. Each segment of the examination has a one and one-half hour time limit. The examination is administered at the convenience of the SANE candidate. Each segment of the examination must also be supervised, either by the detective or the COO. Funding to contract these services have been sought from -3- various municipal organizations with no success. The contracting of these services will enhance the ability to successfully investigate and prosecute violence crimes against women, as well as provide for a coordinated and victim sensitive program for members of the Hawaii community. With the Coordinator's position based at the Hawaii Police Department, it assures that the program will be administered in a manner that will conform to the standards needed for the proper investigation and prosecution of these cases. It will also provide for additional training for the coordinator and SANE personnel. Also, the training of the coordinator in the field of sexual assault and physical violence against women will enable personnel to develop special skills to advance such a program. On-going and refresher training is needed to keep abreast of new techniques being developed to address these issues. Training in new medical techniques are also needed to protect the physical and mental welfare of the victim, in addition to documenting any physical evidence which may be present. The coordinator will then conduct training of SANE personnel. The Coordinator will also be available to other counties in the State of Hawaii for training and consultation, should the other counties decide to activate their own Sexual Assault Response Team (BART) program modelled after the program in Hawaii County. Monies from the FY96 STOP Violence Against Women Act Grant are being solicited to provide training of new nurse examiner candidates. Goal To improve the quality and coordination of the Hawaii Police Department's investigations into sexual assault and physical violence against women island wide. Objectives 1. To provide a full-time Sexual Assault Nurse Examiner Coordinator to manage and coordinate the Sexual Assault Nurse Examiner Program. 2. To provide Sexual Assault Nurse Examiners with a minimum of twelve in-service training sessions in the areas of sexual assault and physical abuse. 3. To increase the number of certified Sexual Assault Nurse Examiners in the County of Hawaii by 408 through an -4- aggressive recruitment program and specialized training sessions. Project Activities The Hawaii County Police Department will recruit and hire a Sexual Assault Nurse Examiner Coordinator. The SANE Coordinator will be a Registered Nurse whose responsibilities will include, but not be limited to: 1) Supervising the on-call nurse examiners and maintain the multi-disciplinary response of the team; 2) Become a SANE trainer by attending training on the mainland. 3) Recruitment, selection, training, certification and case supervision of nurse examiners; 4) Provide for cross-training with law enforcement, health care, and advocate agencies; 5) Continue to develop and update written procedures and agency agreements, and interpreting the criminal justice system and health care system to one another; 6) Ensure that supplies are properly stocked and that the equipment is properly maintained. The impact of the project is an improved system response, improved investigations due to continued training, and ensures that the most qualified nursing personnel are recruited into the program. Project Organization and Management The Project Director is Captain Morton Carter, of the Hawaii Police Department Criminal Investigation Division, Area I, East Hawaii. He reports on the status of the project to Assistant Chief Wendell PAIVA. Lieutenant Ronald Nakamichi will be responsible for the management of the project and it's fiscal reporting requirements. He will report directly to Captain Carter. -5- Personnel Utilized Personnel will include: (1) SANE Coordinator who will be hired upon release of monies for this project. (2) Lieutenant Ronald Nakamichi will manage this project. In addition, he or his designee will supervise the SANE Coordinator. Participating Agencies The Hawaii Police Department, Hilo Medical Center, Kona Community Hospital, the Sexual Assault Nurse Examiners, YWCA Sexual Assault Support Services, the Department of Human Services Child Protective Services, East and West Hawaii Children's Advocacy Centers, and the Hawaii County Prosecutor are agencies involved in the Hawaii County Sexual Assault Response Team. Evaluation The project will be evaluated by the success of attaining the following goals. 1) Hiring a full time Sexual Assault Nurse Examiner Coordinator. 2) The coordinator attending and completing national training in sexual assault and physical abuse evidence recovery techniques. 3) Recruitment of additional personnel to become Nurse Examiners in the present program, increasing the present number of examiners by 408. 4) Monthly meetings in East and West Hawaii between the various disciplines involved in the investigation of sexual assault and physical abuse of women, to improve "problem" areas. 5) Provide Sexual Assault Nurse Examiners with twelve in-service training sessions. The SANE Coordinator will be responsible for the following: a. Documentation of the trainings attended by the SANE Coordinator and the nurse examiners will be compiled throughout the grant period. -6- b. Documentation of the number of nurse participants in the training and the amount of those certified will be compiled throughout the grant period. Computer equipment and software will be purchased in order to record the progress of the project, to improve on written protocols and prepare correspondence with participating agencies. -7- PART III. BUDGET DETAIL AND EXPLANATION COST ELEMENT AMOUNT A. SALARIES AND WAGES Position Title Monthly Salary Lieutenant @ $54,000/year (In-Kind Matching Funds, up to) Sub-Total $ 16,421.00 TOTAL SALARIES AND BENEFITS $ 16,421.00 B. CONTRACT FOR SERVICES Coordinator (Registered Nurse) for $ 44,004.00 one year, @ $3,667.00/mo. TOTAL CONTRACT FOR SERVICES $ 44,004.00 C. TRANSPORTATION AND SUBSISTENCE Specialized SANE Training for sexual assault and physical abuse at a site on the mainland for the SANE Coordinator. Registration Fee @ $500.00 x 1 $ 500.00 Air Fare @ $900.00 x 1 900.00 Per Diem @ $130.00 x 7 days 910.00 Rental Vehicle @ $ 50.00 x 7 days 350.00 TOTAL TRANSPORTATION AND SUBSISTENCE $ 2,660.00 D. OTHER COSTS Computer equipment and software $ 2,600.00 to be used by the SANE Coordinator TOTAL OTHER COSTS $ 2,600.00 TOTAL PROJECT COSTS ~ 65,685.00 -B- PART IV. ATTACHMENTS A. CERTIFICATION OF NON-SUPPLANTING (AG/CPJAD #31 B. ACCEPTANCE OF CONDITIONS IAG/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 IOCR 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-SUPPLANTZN- ~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 HY: ~~'~"'"c ,,,~e0.- Signature: ~~c~1,tX.v •~~'~~~~c Date: ~ -k•-~~~ Names: WAYNE G. CARVALHO Tltle: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD /3 01/96 ACCGPT:~yCE OF CONDITfONS The undersigned agrees, on behalf of the applicant agency, chat: I. This , roject, upon appnrval, shall r.;nstintre un ulficiul part of Hawaii's Violence Against Women Formula Grant Progrxnt establitilted under Title lV of the Violent Crime Control and Law - Enforcement Act of 1994, Public Law No. I03-322. 2. Any gran[ awarded pursuant to this application shall be subjec[ [o and will be administered in conformity with: (a) general conditions applicable to administration of grants under Title [V of the Violent Crime Cuntrol xnd 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 Cuntrol and Law Enforcement Act uF 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 nun-availability of funds. SUBMITTED BY: Signature: ~~~""""~^v Date: ~l - >e-98 Namc: WA CARVALHO Title; POLICE CiiIEF Agency: HAWAII R~LICE DEPARTMENT AG/CPJAD Y14A (8/96) CERTIFICATION OF NON-DISCRZMINAT nu 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 1966, 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, ba denied the benefits of, be 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 cartiliaa that, i! required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, g~,_ sev•, it will maintain a currant one on Lila. Noncompliance with the discrimination raqulationa may result in the suspnnaion or termination of funding. SU$lSITTED BY : 1' ~ ~ ~ ~ ~ Signature: W G, ~Q.~"""'"'^'r"" Data: - mac, / g Name; WAYNE CARVALHO Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD X15 01/96 DEPARTMENT OF THE ATTORNEY GENERAL Crime Prevention and Justice Assistance Division CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS I HAWAII POLL 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 of the statement; and (2) notify the employer of any criminal drug statute conviction !or a violation occurring in the workplace not later than live (S) days after such conviction; (a) notifying the Department of the Attorney General, State of Hawaii, within tan (10) days attar receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction; AG/CPJAD f16 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 includir,q termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, cr 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). ZI. 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: ',///j?~(j~~~~~ Signature: Yr""71^" ~ Date: ~ )8 Name: WAYNE CARVALHO Title: POLICE CHIEF Agency: HAWAII POLICE DEPARTMENT AG/CPJAD /16 01/96 CERTIFICATION Grant Title: Sexual Assault Nurse Examiner Coordinator Grantee Name: Hawaii Fblice Department Address: 349 Kapiolani Street Contact Person: TeL 8: (g08) 961-2251 Hilo, Hauraii 96720 Captain Morton Carter - Grant Number: 97-WF-5 Award Amount: $65,685.00 Date and efj4ctive duration of ESOP: February 23, 1993 (no expiration date) Policy Statement: See attached CERTIFICATION (EEOP ON FILE) Certification Statement: I WAYNE G. CARVALHO [agency executive officer], certify that the HAWAII POLICE DEPARTMENT/COUNTY OF HAWAII (agency] has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301, t~S 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 WAYNF ~AizvAr.Hn fnameJ, 349 KP.PIOLANI STREET, HILO, HAWAII 96720 [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. ~I'~ POLICE CHIEF ~ - ~-e ~ % ~ [SlgnfltllIe] WA G. CARVALHO (tltle] [date] CERTJFICATION (NO EEOP REQi/1RED) I HEREBY CERTIFY THAT THE FUNDED AGENCY HAS LESS THAN SO EMPLOYEES AND THEREFORE IS NOT REQUIRED TO MAINTAIIV AN ESOP, PURSUANT TO 28 CFR 42.301, ~ ,~Q. [signature] (title] (date] Expiration Date: 12/31/98 Revised Zr22/96 i MW~s t ru?t~rauu w•p I F~t~~ of'~e,. _ I 1~~~ I~ 1 The Affirmative Action Plan of the County of Hawaii is ' available for review at the Mayor's Office, DQpartment of Civil I~ Services, Rona Services Center, and public libraries. II 1 li S?A.EyEN: OP POLICY ~ 1 Zt is the policf of the County of Hawaii to take positive and II continuing action to promote equal opportunity in its it emp~o;~nent ant con*_zac: arograms and in its activities and sz[ ::.rte. I Eq::a! employnent cppocr_nities extend to all persons, regard:es.~ of race, sex, age, religion, color, national origin, !:andicnp, marital status, or arrest and court record. 7t is i •_he iaten~ of th_s >?olic•; to• ' Assure equal r.rwarment in recruitment and ?valuation of an individual's ability, knowledge, skills, and 2. E:sure pan-discr;:~inntion in all personnel acticr.s, including nu r. nor. limited tc recruitwsnr., salec->.or., assi.cnment, comnensat:on, transfer, layor:, snd i; 3. E:is~:e c^at opportur.itias for career advancement are based on ob;eetive stnnaards and cr:taria valialy it re.atPd ro performance and that the criteria oe applte~ r•~nsisr.ently. 4. Previte teat the conditions 'and bQnefies of work are ' available equally and al:ocatad on the basis of establisned criteria and~w;thout diseriminar.ion. The ~~l:c•j o? equal opnor=unit. shall be applied i~ accorcance • witr. '_eceral, state, and local Laws relating to equal ! emplcyment ~onor_1r.it_~ ;-:c affir^ative action, :aerit system ~ rules ana :?qu:~tions, ~ro:•isians of collect'_ve bargaining law ane contract:, and ati.er :;>.ndira fed era'., =nd =rate r_equire:ten_s. ~~1T_HIT u C': "_"VTY ~1a W Sll • iLO. HAyyAll 9A720 _ ~ ® U.f. DEPARTMENT OP JUf TI OF?ICC OP JU6TICC PROD RAMf OPPICC OP TNC COMPTROLL[R Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tler Covered Transactions (Sub-Recipient) This eertlfiwtlon Is required by the rs9ulationa Implementlnp Executive Order i254E, Debarment and Suspension, 28 CFR Part 87, Seetlon 87.510, Partlelpants' naponsiblllties. TM rspulatlons wero published as Part VII of the May 28, 1fl88 Federal Rep/ater (papea 19180.19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSQ (1) The prospective lower tier participant certifies, Dy submission of this proposal, that neither It nor Its principals are pnsently debarred, suspended, proposed for debarment, declared InelipiDle, or voluntarily excluded from participation In this transaetlon by any Federal department or apeney. Where the prospective lower tier participant Is unable to certify to any of the statements In this certltl- wtion, such prospective participant shall attach an explanation to this proposal. WAYNE G. CARVALHO, POLICE CHIEF Name and Title of/!Authori~z~e~d ~Re~pnsantatlw VIt<,~it,2_Et fed/W~.(,~'LI - << Slgnatun Gate HAWAII POLICE DEPARTMENT Name of Orpanizatlon 349 KAPIOLANI STREET, HILO, HAWAII 96720 Address of Orpanizatlon O» •dw ~ot~n n~ev. tiM1 r,wb„~ bhp ~w ewerw. CERTIFICATION REGARDING LOBBYTxr Each person shall file the moat current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration o! such parson for an award o! a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan o! $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who Pails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Tha undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to inlluanca an officer or employee of any Federal agency, a Member o! Congress, an officer or employee of Conqrasa, or an amployaa o! a Mambar of Congress in connection with th• avardinq of any Federal contract, the making o! any Fadaral grant, the Aakinq o! any Fadaral loan, the entering into of any cooparativa agreement, and the axtanaion, continuation, renewal, amendment, or modification of any Fadaral contract, grant, loan or cooparativa agreement. (2) If any non-Fadaral funds have been paid or will ba paid to any person for influencing or attempting to inlluanca an o!licar or employee o! any Fadaral agency, a Member of Congress, an officer or amployaa of Congress, or an amployaa o! a Member of Congrsaa in connection with ~jg Fadaral contract, grant, loan, or cooparativa agreement, the undersigned shall initial here and complete and submit Standard Form ~ LLL, "Disclosurs o! Lobbying Activities", in accordance with its instructions. (3) Tha undaraignad shall require that the language o! this cartilication ba included in the award documents for all subawarda at all tiara and that all subracipianta shall cartily and diaclosa accordingly. i'I,~I HAWAII POLICE DEPARTMENT G•C4P~wa/" ~M1I 349 KAPIOLANI STREET, HILO, HI 96720 Name and Ad ass of Organlzat on Nam o! Author zed Znd vldual Signature and data 97-WF-5 VAWGO App cat on No. Name o! OJP Agency Rav. 1/90