HomeMy WebLinkAboutRES 171 Draft 01 2006-2008 „tY OI!;1r.
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 171 07
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
TRANSPORTATION, PURSUANT TO HRS 46-7, FOR THE HAWAII FIRE
DEPARTMENT GENERATOR PURCHASE GRANT
WHEREAS, the State of Hawaii Department of Transportation's Safe Community Program
has authorized funding towards the Hawaii Fire Department's Generator Purchase Grant Project; and
WHEREAS, the grant funds will be used to purchase twenty sets of generators, lights, and
traffic signs that will provide a well lit and well marked accident scene on poorly lit rural highways;
WHEREAS, the new equipment, which should protect motor vehicle accident victims and the
fire personnel from injury and death, will be assigned to designated fire stations around the island;
and
WHEREAS, the funds provided by the State of Hawaii Department of Transportation are
derived from grants provided by the federal government, under the National Highway Safety Act of
1966; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain
the consent of the council to enter into agreements with the federal or state governments respecting
action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any
funds or other assistance in connection with projects being or to be undertaken pursuant to those
powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, an agreement and related documents, to enable the
County to purchase equipment specified under the Hawaii Fire Department Generator Purchase
Project as described in the Fire Department's Grant Application, attached hereto and incorporated
herein by reference as Exhibit "A".
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the Finance and Fire Departments.
Dated at xilo ,Hawaii, this 16th day of Mav , 2007.
INTRODUCED BY:
COUNCIL MEMB , C Y OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
FORD X
I hereby certify that the foregoing RESOLUTION was by the HIGA X
vote indicated to the right hereof adopted by the COUNCIL of HoFFMANN X
the County of Hawaii on Mav 16 2007 tKEDA g
JACOBSON g
ATTEST NAEOLE X
PILAGO X
YAGONG X
YOSHIMOTO X
9 0 0 0
ference C-351/F'C' 10 0
CO CLERK CHAIRMAN P II~JNG FICER SOLUTION NO. 1~1. O7
~___.1__.
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: FIRE DATE: April 4, 2007
STAFF CONTACT: Gerald Makino PHONE: 981-8350
A. REQUEST:
Prepare a resolution authorizing the Fire Department to accept a grant of $33,299 from the U.S. Department
of Transportation, through the State Department of Transportation, for the purchase of twenty sets of
generators, lights, and traffic signs.
Prepare a complementary ordinance as follows:
010.221.5228 Fire Grants -Generators -Fed $33,299
3303 Federal Grants -Generators $33,299
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The National Highway Safety Act of 1966 provides Federal funds to states for approved highway safety
projects. States may make said funds available to various political subdivisions for authorized projects.
The State of Hawaii through its Department of Transportation has authorized a reimbursement project for
the Hawaii County Fire Department entitled "Hawaii County Fire Department Generator Purchase". A total
of $33,299 has been obligated to this project. The project period is 10/01/06 - 09/30/07.
The grant funds will be used to protect motor vehicle accident victims and Hawaii County Fire
Department personnel from injury and death by providing equipment to create a well lit and well marked
accident scene on poorly lit rural highways. Specifically, these are twenty (20) identical sets of: 1 Honda
EU20011 portable generator, 1 Stanley WI2664 Watt work light, 1 Allsafe/SMC Fold and Roll Emergency
traffic sign. The equipment will be assigned to designated fire stations around the island. Please see
attached documents.
DATE: April 4, 2007
Department Head
GRANT SUMMARY
Su lement to B-52, Re uest for Council Action
T e of Grant A ro nation bein re uested: ew or an additional a ro nation
® New (for this fiscal year period). OR ? Additional appropriation (to an existing grant);
Is a draft agreement attached? Has the original grant notification been transmitted to
®Yes ? No Council? ?Yes ? No
Name of Grant Program: Highway Safety
Grantor: United States Department of Transportation
County Grantee Department or Agency: Fire Department
County Grantee Contact Person: Quince Mento Phone Number: 981-8355
Amount of Grant: 33,299
Grant Period (Commencement & Completion): 10/Ol/Ob- 09/30/07
Purpose of Grant: Enhance highway safety
County Match required?: ?Yes ®No
If yes, Matching Amount? Budgeted in account#
In-kind? Explain:
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: _ Permanent: ? Temporary: Duration:
Full-time: ? Part-time: Time Element:
Qty: Contractual: ? Explain:
Explanation: Project no. EM07-04 (O1-H-Ol) is entitled "Hawaii County Fire Department Generator
Purchase"
Additional Comments about Grant:
B-52 Gran[ Summary Farm
LNDA LINGLE 1f ~ ~ Nq RODNEV K. HARAGA
GOVERNOR A~ , ,esa , % DIRECTOR
a 7 =r.._
OaWN Directan
~ ,g PRANGS PAUL KEENO
d BARRY FUKUNAGA
~O vd BRENNON T. MORIOKA
BRIAN H. SEKIGUCHI
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET HWY-V 9.1081
HONOLULU, HAWAII 96813-5097
November 16, 2006
Chief Darryl Oliveira '
Hawaii County Fire Department
25 Aupuni Street, Suie 103
Hilo, Hawaii 96720
Deaz Chief Oliveira:
Enclosed for your action is a copy of the approved highway safety reimbursement project No.
EM07-04 (OI-H-OI), entitled "Hawaii County Fire Department Generator Purchase". A total of
$33,299.00 has been obligated to the project.
The gant funds will be used to protect motor vehicle accident victims and Hawaii County Fire
Deparhnent personnel from injury and death by providing equipment to create a well lit and well
mazked accident scene on poorly lit rural highways.
Progess reports must be submitted quarterly within 15 days (ending May, August and
November) and a final report must be submitted within thirty days of the end of the gant period.
Reimbursement claims must be submitted in accordance with the agreement (monthly or
quarterly) by the 20th of the month following the claim period. A claim must be submitted even
if no expenditures were made.
The project is subject to the audit requirements of the Office of Management and Budget (OMB)
A-133, Audit of State/L.ocal Government & Non-Profit Organizations. Note that the
Deparhnent/Progam Number and Title with which this project should be associated in the
Schedule of Federal Assistance should be associated in the Schedule of Federal Assistance
Progams section of your single agency audit report are: Department of Transportation/20.600 -
State and Community Highway Safety Program. A copy of al] audit reports covering the gant
period must be sent to the Deparhnent of Transportation -Highway Safety Staff, 869 Punchbowl
Street, Room 405, Honolulu, HI 96813.
Nov 2 ~ zoos l~C a ; firca,l ~
' Chief Darryl Oliveira HWY-V 9.1081
Page 2
November 16, 2006 ,
Within 60 days of the date of project approval, the Highway Safety Staff should be advised of
your cognizant Federal audit agency and of when you anticipate the audit report(s) covering the
period of this grant to be issued.
Very truly yours,
BRENNON T. MORIOKA, Ph.D., P.E.
Deputy Director-Highways
Enclosure
APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT
STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFE COMMUNITIES OFFICE
PART I FOR SCP-SCO USE ONLY
(Applicant to Complete)
Project Number: 8107-04 (O1-H-O1)
1. APPLICANT (Name and Address) Title:
Darryl 7.Oliveira, Fire Chief Hawaii County Fire Department Generator
25 Aupuni St. Ste. 103 Hilo, HI 96720 Purchase
Standard Area ~
2. AGENCY UNIT (Name and Address) Effective Date:
County of Hawaii Fire Department 10 / 1 /06
25 Aupuni St. Ste. 103 Hilo, HI 96720 Federal Funds Obligated $33 , 299
3. DURATION (Month, Day, Yeaz)
A. Grant Period B. Project Period FY Funds Addendum _ YES X NO
From: Oct. 1, 2006 From Oct. 1, 2006 Benefit of _ STATEX COUNTY
To: S t 30 2007 To: S t. 30 2007
4. LOCATION OF PROJECT Sa. TYPE OF APPLICATION [Check Appropriate Item(s)]
X Initial _ Revision _ Continuation
Hawaii County, Island of Hawaii
County o[ Hawaii Fire Department Sb. REIMBURSEMENT SCHEDULE DESIRED
X Monthly _ Quarteriy
6. PROJECT DESCRIPTION Schedule A
7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A
To protect automobile accident victims and County otHawaii Fire Department personnel from serious injury or death by
providing equipment and training to create well lit and well marked accident scenes on rural or other low light highways
8. BUDGET Schedule B
8A. COST CATEGORY T°~
Grant Period Expenditures Project Period
Prior Years
1 Personal Services n/a n/a da
2 Consultant Services n/a n/a da
3 Commodities n!a n/a da
4 Other Drrect/Indirect Cosu $33 299 n/a $33 299
TOTAL ESTIMATED COSTS Inc. Non-Fed. Share $33 299 n/a $33 299
HB. SOURCE OF FUNDS S33,299 C. SPECIFY HOW NON-FEDERAL
(1) Federal (100 % of TOTAL) SHARE WH,L BE PROVH)ED
2 A licant A e 45
9. MILESTONES Schedule C '
10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE See Schedule D attached
11. ACCEPTANCE OF CONDITIONS. It is understood and agreed by the undersigned that a reimbursement grant received as a result of this
application is subject to Public Law 89-564 (Highway Safety Act of 1966) and all administrative regulations governing grants established by the
U.S. Department of Transportation and the State of Hawaii. It is expressly agreed that this project constitutes an af6cial part of the Hawaii
Highway Safety Program and that said applicant agency will meet the requirements as set forth herein, including accompanying schedules A,B,C
& D, which aze into rated herein and made a art of this a licatioa AuUrorization to roceed with this Hi hwa Safe Project is re nested.
11A. PRO DHIE TOR IIB. RUTH G O CIAL OF AGENCY UNIT
Si tore - Si lure
Name wince Menlo Name D 1 J. Oli ira
Title Assistant Fire Chief Title Fire Chief
Date Se tember 30 2006 Date Se tember 30 2006
To be prepared by applicant, use separate sheen as required. Form HS 3-71 Rev. 10/OI
F,XHiAIT `~A"
EXHIBIT II
SCHEDULE A
SCHEDULE A
PURCHASE OF TWENTY (20) ONLY PORTABLE GENERATORS, HALOGEN
WORK LIGHTS, & EMERGENCY TRAFFIC SIGNS
Project Number: HWY-V 9.1007
MISSION/GOAL
(State your mission or goal that the project is trying to achieve. E.g. are you trying to
reduce traffic injuries and fatalities? In what specific azea of traffic, pedestrian, speeding,
children?)
The goal of this project is to protect motor vehicle accident victims and County of Hawaii
Fire Department personnel from injury or death by providing well lit and well mazked
work scenes on poorly lit rural highways and roads. We seek to accomplish this by
providing emergency responders with proper equipment to safely extricate entrapped
victims and provide patient caze. Specifically, the purchase of, training on, and
deployment of one set of portable generators, portable work lights, and Emergency traffic
signs for each front line Engine Company, twenty (20) in all. All twenty of the County of
Hawaii Fire Department fire districts have poorly lit rural highways and roads as part of
their response areas.
These goals aze pursuant to the National Fire Protection Association Standard 1670:
Standard on Operations and Training for Technical Rescue Incidents. Specific references
include, but aze not limited to, NFPA 1670 section 6-3.3 requiring local jurisdictions to
develop procedures for accessing victims trapped in a vehicle and NFPA 1670 section 6-
3.3(b) requiring local jurisdictions develop procedures for making the rescue scene safe.
The specific use of this equipment includes but is not limited to: providing a well lit work
area for County of Hawaii Fire Department personnel to work efficiently at motor vehicle
accident scenes thereby reducing the time a critical motor vehicle accident victim spends
inpre-hospital care and therefore increasing chances of survival, providing portable
power for the work light, and providing a well mazked work area by making patients and
responders highly visible through the use of work lights and emergency traffic signs.
STRATEGIES
(What are you attempting to accomplish with this project? What you plan to do. E.g.
developing permanent fitting stations for child restraints, enforcement activities,
educational activities.) Use quantitive measures such as the number of training to be held,
number of meetings to be held, number of roadblocks to be established, etc.
All frontline responding personnel, twenty Engine Companies in all, will undergo
training in the use and deployment of this emergency lighting and scene marking system.
Upon delivery each Engine Company in the County of Hawaii Fire Department will
receive one portable generator, one halogen work light, and one Emergency traffic sign.
SOLUTION/IMPLEMENTATION
(How will you get it done? E.g. hiring of personnel, purchasing of certain equipment,
developing statewide conference, etc. The implementation phase should reflect what you
will be asking for in your budget.)
This project calls for the purchase of twenty (20) identical sets of:
1 Honda EU2000i portable generator, 1 Stanley WI2664 500 Watt work light, 1
Allsafe/SMC Fold and Roll Emergency traffic sign.
Estimated Cost: $1664.97 per set, $33,299 total.
EVALUATION
(How aze you going to show effectiveness of your project? What measures can you use?
E.g. increase seat belt/child restraint use, decrease in traffic crashes, decrease in alcohol-
related crashes/fatalities, etc. You need to state how much of a decrease in fatalities or
increase in usage rate you hope to accomplish. It is understandable that not one single
project will be responsible for the entire increase or decrease of any one single item;
however, you will be part of the whole.)
Also list the task(s) to be accomplished. E.g. training, enforcement, classes, etc.
The effectiveness of this project will be monitored by evaluating trends of work zone
injuries and fatalities in Hawaii County, particularly work zones involving the County of
Hawaii Fire Department. While historically the CHFD has not experienced personnel
injuries or fatalities in work zones, the chance of these occumng increases each yeaz as
the emergency call volume in Hawaii County increases. The CHFD hopes to reduce
State of Hawaii work zone injuries and fatalities by keeping its work zone injuries and
fatalities at zero.
The effectiveness of this project will also be monitored through documentation of work
light and emergency traffic sign usage and the total time it takes a vehicle accident victim
to begin transport to an emergency room from the time of arrival of an Engine Company.
National Emergency Medical Services standards set a maximum 10-minute scene time
for critical trauma victims. This project hopes to bring all Engine Companies to within
acceptable national standards (NFPA 1670).
Monitoring will be accomplished through the use of our electronic records management
system.
EXHIBIT III
SCHEDULE B
SCHEDULE B
(I) PERSONAL SERVICES
Employee Salaries and Benefits
Position Title:
Salary: $ (Day, Week, Month)
Fringe Benefit Rate:
Time to be spent on project: hours
Total Salaries and Benefits: $
Air Travel
To: From: Cost: $
Infra State
Inter State
Total Air Travel: $
Surface Travel
Car Rental: $
Private Car: ( miles @ _ per mile)
Total Surface Travel: $
Per Diem
Intra State: days @ $ _ per day Total: $
Inter State: days @ $ -per day Total: $
Total Per Diem: $
Tuition Course Registration and Misc. Fees
Fee: $
Fee: $
Total Tuition and Misc.: $
TOTAL PERSONAL SERVICES: $ N
SCHEDULE B (Continued)
(2) CONSULTANT SERVICES
hours @ $ per hour: $
Travel: $
Overhead ( % of Total): $
TOTAL CONSULTANT SERVICES: $
(3) COMMODITIES
Office Supplies: $
Other Expendable Materials: $
TOTAL COMMODITIES: $
(4) OTHER DIRECT/INDIRECT COSTS
Office Space ( sq. ft. @ $ per sq. ft.): $
Office Equipment (Attach detailed equipment schedule): $
Puchased: $
Leased: $
of Shazed Equipment: $
Other Equipment (Specify type and cost on an attached schedule.): $ 33.299
Utilities ( % used for project): $
Maintenance ( % used for project): $
E.D.P. Services ( hr. @ per hour): $
Printing: $
Communications: $
Project Income: $
TOTAL OTHER DIRECT/INDIRECT COST: $ 33,299
Indirect costs not exceed 10% of total salaries
Federal (Shaze) Funds Requested* $ 93;~95~
Agency (Share) Budget Item $
TOTAL PROJECT COST: $ 2~~~,
Note: Identify all costs to be reimbursed by Federal funds with an asterisk
EXHIBIT IV
SCHEDULE C
SCHEDULE C
Project Number: HWY-V 9.1007
MILESTONES
Month Activity
October 2006 Submittal of Grant Application.
November 2006 -January Formulation of bid specifications for portable generators, work
2007 lights, and Emergency traffic signs.
County of Hawaii Department of Finance awards bids only twice
a yeaz, January and June. Submittals for specifications and
requisitions aze submitted in September and March. Bid
specifications for the items purchased through this grant will be
submitted in Mazch with the final urchase in June.
January 15, 2007 1 S` Quarter Report Due.
February 1, 2007 Submittal of specifications to County of Hawaii Fire Department
purchasin .
March 1, 2007 Submittal of specifications with requisition to County of Hawaii
Finance Department. Bid process for vendors.
April I5, 2007 2" Quarter Report Due.
June 2007 Bid awazded and equipment purchased.
July 2007 Equipment delivery and assignment of equipment to specified
units.
July I5, 2007 3 Quarter Report Due.
October 15, 2007 1st. annual report due.
EXHIBIT V
SCHEDULE D
SCHEDULE D
Agreement of Understanding & Compliance
Project Number: HWY-V 9.1007
THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and
through its Director of Transportation, hereinafter referred to as "State," and the Governmental
Unit named in this application, hereinafter referred to as "Applicant."
WHEREAS, the National Highway Safety Act of 1966 (Public Law 89-564) provides Federal
funds to the STATE for approved highway safety projects, and
WHEREAS, STATE may make said funds available to various state, county or municipal
agencies or governments or political subdivisions upon application and approval by STATE and
the UNITED STATES DEPARTMENT OF TRANSPORTATION, and
WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF
TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which
Federal funds have been claimed and payment received, and
WHEREAS, the above name APPLICANT has submitted an application for Federal funds for
highway safety projects.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD
AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
I. Reimbursement of Eligible Expenditures
A. It is mutually agreed and promised that upon written application by APPLICANT and
approval by STATE and the UNITED STATES DEPARTMENT OF
TRANSPORTATION, STATE shall obligate said Federal funds to APPLICANT'S
account for reimbursement of eligible expenditures as set forth in the application.
B. It is mutually agreed and promised that APPLICANT shall reimburse STATE for any
ineligible or unauthorized expenditures for which Federal funds have been claimed and
payment received as determined by a State or Federal audit. Costs aze not allowable for
construction, rehabilitation, remodeling, or for office furnishings and fixtures -for State,
local or private buildings or structures. The following aze examples of items considered
as furnishings or fixtures, for which reimbursement is not eligible:
Desks Credenzas Storage Cabinets
Chairs Bookcases Portable Partitions
Tables Filing Cabinets Pictures, Wall Clocks
Shelving Floor Coverings Draperies
Coat Racks Office Planters Fixed Lighting/Lamps
C. It is further agreed and promised that where reimbursement is made to APPLICANT in
installments, STATE shall have the right to withhold any installments to make up reimbursement
received for any ineligible or unauthorized expenditures until such time as the ineligible claim is
made up or corrected by APPLICANT.
II. Property Agreement
A. It is mutually agreed and promised that the APPLICANT shall immediately notify the
STATE if any equipment purchased under this project ceases to be used in the manner as
set forth by the project agreement. In such event, APPLICANT firrther agrees to either
give credit to the project cost or to another active Highway Safety project for the residual
value of such equipment in an amount to be determined by the STATE, or to transfer or
otherwise dispose of such equipment as directed by STATE.
B. It is mutually agreed and promised by the APPLICANT that no purchased.equipment
under this project will be conveyed, sold, salvaged, transferred, etc. without the express
written approval of the STATE.
C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be
maintained for its useful life, any equipment purchased under this project.
III. Application of Hatch Act
A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the
APPLICANT, whose principal employment is in connection with any Highway Safety
project, financed in whole or in part by loans or grants under the Highway Safety Act of
1966, of the provisions of Section 12 (a) of the Hatch Act [5 U.S.C. 118K (a)J.
N. Equal Opportunity
A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of
the Federal-Aid Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and the Age Discrimination Act of 1975, the APPLICANT, as a condition to
receiving approval of this application submitted under the Highway Safety Act of 1966,
hereby gives its assurance that employment in connection with the subject Highway
Safety Program project will be provided without regazd to race, color, creed, sex,
handicap, age, or national origin. The APPLICANT further agrees that, as a condition to
receiving approval of this application, it will be subject to, and will comply with, Title VI
of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 (hereinafter
referred to as the Act), and all applicable requirements pursuant to the Regulations of the
Department of Commerce (Title 15, Code of Federal Regulations, Part 8, which have
been adopted by the Department of Transportation, and hereinafter refereed to as the
Regulations), to the end that, in accordance with the Act and the Regulations, no person
in the United States shall on the ground of race, color, creed, sex, handicap, age, or
national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under the subject Highway Safety Program or
project. ,
B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply
with its undertaking as set forth in these provisions, the STATE of the UNITED STATES
DEPARTMENT OF TRANSPORTATION may take any or all of these following
actions.
(1) Cancel, terminate, or suspend in whole or in part the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
(2) Refrain from extending any further Federal financial assistance to the applicant
agency under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from the applicant agency.
V. Non-duplication of Grant Fund Expenditures
A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed
projects under agreement with any other Federal fund source which duplicate or overlap
any work contemplated or described in this project.
B. It is mutually agreed and promised that the APPLICANT will either revise this project or
revise any pending or proposed request for other Federal grant funds which would
duplicate or overlap work under this project to exclude any such duplication of grant fund
expenditures.
C. It is further mutually agreed and understood that the APPLICANT shall reimburse the
STATE OF HAWAII for any such duplicate expenditures for which Federal grant funds
have been claimed and payment received as determined by State or Federal audit.
VI. Project Income and Applicable Credits
A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or
credits generated under the project, such as but not restricted to: The sale of real or
personal property royalties received from copyrights and patents, sale of publications or
from personal or incidental services, to the project in accordance with OMB Circular A-
87 (FMC 74-7) or A-21, as applicable and NHTSA/FHWA Order 460-4/7510.1.
VII. Copyrights and Patents
A. It is mutually agreed that any copyrightable materials produced in the course of a project
maybe the property of the State or applicant agency; however, provisions should be
made to obtain for the United States Goverrunent, the State Governments and their
political subdivisions aroyalty-free nonexclusive, and irrevocable license to use in any
manner such copytightable material.
' B. It is mutually agreed that the ownership of all rights accruing from any patentable
discoveries or inventions resulting from a project should be covered in the agreement.
An irrevocable, nonexclusive, nontransferable, and royalty-free license to practice each
discovery or invention in the manufacture, use and disposition, according to law, of any
article or material, and in the use of any method developed as part of the work under the
agreement should be obtained for the United States Govemment, the State Governments
and their political subdivisions.
VIII. Certification Regazding Debarment and Suspension
A. Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier pazticipant is
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier pazticipant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal govemment, the department or
agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You
may contact the person to whom this proposal is submitted for assistance in obtaining
a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
depaztment or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that
is it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions. (See below.)
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it
deternunes the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-
procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a pendent person in the ordinary course of business
dealings.
9. Except for transactions authorized under pazagraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
IX. Certification Regazding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declazed ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participants shall attach an
explanation to this proposal.
X. Minority Business Enterprise Requirements
It is the policy of the Department of Transportation that minority business enterprises, as
defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this
agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement.
The recipient or its contractor agrees to ensure that minority business enterprises as
defined in 49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement. In this regard, all recipients or contractors shall
take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race,
color, national origin, or sex in the awazd and performance ofDOT-assisted contracts.
XI. Requirements
A. It is mutually agreed and promised that the applicant shall follow the State and
Federal requirements and guidelines set forth in the State of Hawaii Project
Procedures Manual as amended. All project expenditure records aze to be retained for
at least three years after the date of the final expenditure report.
XII. Authorization to Proceed
A. It is mutually agreed between the STATE and the APPLICANT that this
AGREEMENT OF UNDERSTANDING AND COMPLIANCE shall become
effective upon the STATE'S agreement and authorization to proceed as set forth in
PART II (2) of this application.
PART II (Safe Community Program- Safe Communities Office to complete)
PrdjectNumber: EM07-04(01-H-Ol)
1. ADDENDUM (For MVSO Use Only)
2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Admuustration of the State
Highway Safety Program
A. Effective Date 10/1/06
B. Federal Fun Oblig/ated~+'$ 3~3y/299
C. Approval e [ ~/0 '
D. Signa t~'~
E. Name Gor n .K. Hong
F. Title Highway Safety Manager