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HomeMy WebLinkAboutRES 054 Draft 01 2010-2012 A TV OF N� COUNTY OF HAWAII STATE OF HAWAII ttt OF•M'�► RESOLUTION NO. 5 11 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 A DISTRACTED DRIVING PROJECT GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawai'i Department of Transportation Public Affairs - Safe Community Program has authorized funding towards the Hawai'i County Police Department's Distracted Driving Project; and WHEREAS, distracted driving, defined by the National Highway Traffic Safety Administration as "any non - driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing ", has become a serious problem on our roadways; and WHEREAS, the goal of this project is to reduce the number of drivers using an electronic mobile device while operating a motor vehicle by one (1) percent, from 1.55% as reported in the Summer 2010 Hawai'i Seat Belt Use Survey, to 0.55% by September 30, 2011; and WHEREAS, the Hawai'i County Police Department will enforce the laws on using mobile electronic devices while driving, by having additional checkpoints, issuing citations for non- compliance, and by conducting a media campaign and /or by sending educational letters to registered vehicle owners regarding this matter; and WHEREAS, the department will also conduct enforcement targeting other violations, both regulatory and moving, with the use of overtime funds from this grant; and WHEREAS, the funds provided by the State of Hawai'i State Department of Transportation are derived from grants provided by the federal government; and WHEREAS, Hawai'i 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. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Department of Parks and Recreation, and the Finance Department. Dated at Kona , Hawaii, this 4 th day of May , 2011. INTRODUCED BY: ?7,6- )1/ /. COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS X FORD X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X County ofHawai`i on M 4 , 2 1 ONISHI X PILAGO X ATTEST: SMART X f YAGONG X i YOSHIMOTO X 8 0 1 0 ` �� Reference: C- 150/FC -4 5 kl Ct TY CLERK CHAIRPERSON & PRESIDI OFFICER RESOLUTION NO. 55 11 EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT EXHIBIT "A" STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: Page 1 (To be completed by applicant agency) 1. Grant Title Hawai'i Police Department Distracted Driving Grant 2. Name and Address of Applicant Agency 4. Duration Hawaii Police Department Month - Day - Year 349 Kapi`olani St. Hilo, HI. 96720 A. Grant Period From: 03/01/2011 To: 09/30/2011 3. Agency Unit to Handle Grant (Name and Address) B. Project Period From: 03/01/2011 Hawaii Police Department To: 09/30/2011 349 Kapi`olani St. Hilo, Hawaii 96720 5. Location of Project 6a. Type of Application (Check Appropriate Item) Hawaii Police Department _X _Revision _Continuation 349 Kapi`olani St. Hilo, Hawaii 96720 6b. Reimbursement Schedule Desired Monthly X Quarterl 7. Grant Description (Summarize the grant plan covering activities that address the major goals and objectives in approximately 100 words. Limit to 6 lines.) The project objectives are to reduce the number of motor vehicle collisions resulting in injuries and fatalities caused by distracted driving. 8. Federal funds allocated under this agreement shall not exceed $ 9. Approval Signatures Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result of this grant agreement 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 official 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, B -1, C & D, which are incorporated herein and made a part of this grant agreement. Authorization to proceed with this Highway Safety Project is requested. 9a. Grant Director 9b. Authorizing Official of Agency Unit Name: Harry Kubojiri Phone: Name: William Kenoi Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E -Mail: E -Mail: MAR -- 2 10 � - i natu (Date) (Signature) (Date To be prepared by applicant, use separate sheets as required. Form HS 3 -71 Rev. 8/6/09 IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY: Corporation Counsel STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2010 before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii, that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii, the foregoing instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Sections 5 -1.3 and 13 -13 of the County Charter, County of Hawaii (2000), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: NOTARY CERTIFICATION Doc. Date: No. of Pages: Notary Name: Circuit Doc. Description: Notary Signature Date STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT — PART II Grant No: Page 2 (To be completed by Highway Safety Office) 10. Grantee: 11. Standard Area: 13a. Federal Fiscal Year 12. Effective Date of Agreement: _ 13b. Addendum: _Yes No 14. Benefit of: _State _County 15. Action Taken 16. Funding Disposition & Status Fiscal Year Amount Total $ Present Obligation $ Previously Obligated $ TOTAL FUNDS OBLIGATED $ 17. Budget Summary (From Schedule B — Detailed Budget Estimate — Fiscal Year Grant Period Ending: Cost Category Cost Estimates A. Personnel Costs B. Travel Expenses C. Contractual/Consultant Services D. Equipment E. Other Direct Costs F. Indirect Costs TOTAL FEDERAL FUNDS $ 18. Grant Approval & Authorization to Expend Obligated Funds A. Approval Recommended By B. Agreement & Funding Authorized By ( Program Area Specialist) (Highway Safety Manager Name: Name: Title: Title: Phone/E -Mail: Phone/E -Mail: (Signature) (Date) (Signature) (Date) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT — PART III Grant No: Page 3 (To be completed by Highway Safety Office) 19. Addendum (For Highway Safety Office Use Only) EXHIBIT II SCHEDULE A SCHEDULE A Ex hi b t II Grant No: — — — — — — — — — — — — — — — — — — — — — — — — — GRANT DESCRIPTION PAGE # PROBLEM STATEMENT Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropriate data relevant to the problem. Collision /fatalities data appropriate to the identified problem and a brief analysis of the data is required. When available, three years of data should be presented and analyzed. When identifying the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. Distracted driving is any non - driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing. There are three main types of distractions; visual taking your eyes off the road, manual taking your hands off the wheel and Cognitive taking your mind off what you are doing. (NHTSA) In 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving. (FARS and GES) Using a cell phone while driving, whether it's hand -held or hands -free, delays a driver's reactions as much as having a blood concentration at the legal limit of .08 percent (Source: University of Utah) Drivers who use hand -held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety) Hawai' i County seeing that this was a growing problem nationwide; added to the Hawai' i County Code, Section 24- 167.1- Use of mobile electronic devices while operating a vehicle which took effect on January 1, 2010. Officers Island wide has issued a total of 804 citations between January 1, 2010 and December 31, 2010 for non - compliance with this law. The Summer 2010 Hawaii Seat belt Use Survey, conducted by the University of Hawaii at Manoa showed that 1.55% of the drivers observed (on the Big Island) during this survey were using a cell phone while operating a motor vehicle. GRANT GOALS Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant and represent an end result. Grant goals should be stated in measurable terms (i.e., a percent reduction), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by " date). Please notate baseline from which the reduction /increase will result. Hawai' i Police Department would like to reduce the number of drivers using an electronic mobile device while operating a motor vehicle by one (1) percent from 1.55% to .55% by September 30, 2011. GRANT DESCRIPTION PAGE # GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g., develop permanent fitting stations for child restraints, enforcement activities, educational activities, etc). Grant objectives should be stated in measurable terms ( i. e., a percent reduction, number of training to be held, number of roadblocks, etc.), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by " date). Please notate baseline from which the reduction /increase will result. By September 30, 2011, Hawai' i Police Department will: 1) Conduct 70 checkpoints Island wide to enforce the Use of mobile electronic device while operating a vehicle law. 2) Issue 400 citations for non - compliance of the Use of mobile electronic device while operating a vehicle law. 3) Issue 200 citations for other violations both regulatory and moving. 4) Conduct media campaign and /or send educational letters to registered vehicle owners relative to the Use of mobile electronic device while operating a vehicle law and the enforcement efforts of the department when HPD receives a complaint about the operator not complying with this law. METHOD OF EVALUATION Using data gathered throughout the grant period, the grant manager will evaluate (1) how well the stated grant goals and objectives were accomplished, and (2) was the grant cost effective? How are you going to show effectiveness of your project? What will be the impact of the project on your identified problem and goal(s)? Provide details on the method of evaluation. Hawai' i Police Department will properly record the number of grant funded citations issued for Use of mobile electronic device while operating a vehicle law given through September 30, 2011. We will also compare the Summer 2011 Hawai' i Seat Belt Use Survey with the Summer 2010 Hawai' i Seat Belt Use Survey percentage of 1.55% to see if compliance with this law has increased. EXHIBIT III SCHEDULES B AND B -1 SCHEDULE B Exhibit III Page 1 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES A. Personnel Costs Employee Salaries and Benefits Position Title(s) and Full- Time/Part-Time Yearly Salary: Supervisor -- $52.00 /per hour $52.00 x 2 hours x 70 checkpoints $7,280.00 Fringe Benefit Rate: 22 % $1,601.60 Time to be spent on project: 140 hours Position Title(s) and Overtime Hourly Rate(s): Officers- $48.00 /per hour $48.00 x 2 hours x 2 officers x 70 checkpoints $13,440 Fringe Benefit Rate: 22 % $2,956.80 Time to be spent on project: 280 hours Category Sub -Total $25,278.40 B. Travel Expenses In -State Event/Conference: Air Travel: To: From: Surface Travel: Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Per Diem: days @ $ per day Baggage Fee: Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Out -of -State Event/Conference: Air Travel: To: From: Surface Travel: Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) Per Diem: days @ $ per day Baggage Fee: Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Category Sub -Total C. Contractual/Consultant Services Category Sub -Total SCHEDULE B Exhibit III Page 3 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES D. Equipment Category Sub -Total E. Other Direct Costs Category Sub -Total GRANT TOTAL $25,278.40 SCHEDULE B -1 Exhibit III Grant No: BUDGET NARRATIVE PAGE # Personnel Costs Hawai'i Police Department will conduct 70 checkpoints throughout the grant period. These activities will be , conducted on an overtime basis. The checkpoints will be staffed by one supervisor and two officers. Costs are estimated based on an average overtime hourly rate of $52.00 per hour for supervisors and $48 per hour for officers. Average hourly rates are used because exact overtime rates vary within the department depending on rank and years of service. Which personnel will be staffing which checkpoint is undetermined at the outset of the grant period. Hourly rates do not include fringe benefits. Travel Expenses Contractual/Consultant Services Equipment Other Direct Costs EXHIBIT IV SCHEDULE C SCHEDULE C Exhibit IV Grant No: MILESTONES PAGE # Month Activity March 2011 Distracted Driving enforcement and Media Release April 2011 -June 2011 Distracted Driving enforcement and Media Release July 2011 - September 2011 Distracted Driving enforcement and Media Release EXHIBIT V SCHEDULE D SCHEDULE D Exhibit V AGREEMENT OF UNDERSTANDING & COMPLIANCE Grant No: 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 are not allowable for construction, rehabilitation, remodeling, or for office furnishings and fixtures - for State, local or private buildings or structures. The following are 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 further 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)]. IV. 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 regard 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 referred 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 may be the property of the State or applicant agency; however, provisions should be made to obtain for the United States Government, the State Governments and their political subdivisions a royalty -free nonexclusive, and irrevocable license to use in any manner such copyrightable 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 Government, the State Governments and their political subdivisions. VIII. Certification Regarding Debarment and Suspension A. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant 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 participant knowingly rendered an erroneous certification, 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. 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 department 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 determines 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 prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 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 Regarding 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, declared 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 award and performance of DOT - 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 are 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.