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HomeMy WebLinkAboutCOM 0395.000 2012-2014 OJ107,9S N..h, William P.Kenoi '•': ` Nancy E. Crawford Mayor * �.��A'/ . ` Director Deanna S. Sako . 45, •r:t?:11. .' Deputy Director County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo,Hawai`i 96720 (808)961-8234 • Fax(808)961-8569 August 15, 2013 o n t?cal J Yoshimoto, Council Chair and G '=� Members of the Hawai`i County Council — —i Hawai`i County Council "' n 25 Aupuni Street r Hilo, Hawai`i 96720 0 X) p, •o Re: Operating Budget The State Department of Transportation Public Affairs - Safe Community Program is providing an additional funding of$12,083 to the Hawai`i County Police Department's Distracted Driving program. The grant funds will be used to allow the Hawai`i County Police Department to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and increase the number of electronic mobile device citations. In the current fiscal year's budget, $37,917 was appropriated in anticipation of this grant. Enclosed is a bill for an ordinance amending the Operating Budget by appropriating the additional funds into the Distracted Driving program account and bringing the total grant appropriation to $50,000. If there are any questions, please do not hesitate to call Sergeant Robert Pauole of the Police Department at 961-2305. Nancy C awford Director of Finance Enc. cc: Police < . Comm. No. 39-C Ref. To: PC- Hawaii County is an Equal Opportunity Provider and Employer D n-4— MG 1 5 2013 Form #: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Police DATE: 8/9/13 STAFF CONTACT: Sergeant Robert Pauole PHONE: 961-2305 A. REQUEST: To appropriate an additional $12,083.00 to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and increase the number of electronic mobile device citations. 010.201.5216.41.115, 3308.73 B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The State Department of Transportation Public Affairs-Safe Community Program is providing additional funds under the Distracted Driving grant to allow Hawaii County Police Department to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and increase the number of electronic mobile device citations. AU112 2013 _;� '� �., DATE: SIGNED: Depart "-nt Head GRANT SUMMARY (Supplement to B-52, Request for Council Action) Type of Grant Appropriation being requested: (New or an additional appropriation) I I New (for this fiscal year period). OR Additional appropriation (to an existing grant); I I Yes No Council? Yes 1 I No Name of Grant Program: HCPD Distractive Driving Grantor: State Department of Transportation Safe Community Program County Grantee Department or Agency: Police Department County Grantee Contact Person: Sergeant Robert Pauole Phone Number: 961-2305 Amount of Grant: $12,083.00 Grant Period (Commencement & Completion): October 1, 2013 - September 30, 2014 Purpose of Grant: To reduce the number of drivers using an electronic mobile device while operating a motor vehicle and increase the number of electronic mobile device citaitons. County Match required?: fl Yes Fl No If yes, Matching Amount? Budgeted in account# : In-kind? Explain: Explanation: County's personnel requirements: Amount of new position(s)? Qty: Permanent: Temporary: n, Duration: Full-time: (-I Part-time: I I, Time Element: Qty: Contractual: I-I Explain: Explanation: Additional Comments about Grant: To reduce the number of drivers using an electronic mobile device while operating a motor vehicle and increase the number of electronic mobile device citaitons. B-52 Grant Summary Form :G EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: Page 1 (To be completed by applicant agency) 1. Grant Title Hawaii 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: 10/01/2013 To: 09/30/2014 3. Agency Unit to Handle Grant(Name and Address) B. Project Period From: 10/01/2013 Hawaii Police Department To: 09/30/2014 349 Kapi`olani St. Hilo,Hawaii 96720 5. Location of Project 6a. Type of Application (Check Appropriate Item) Hawaii Police Department X_Initial _Revision _Continuation 349 Kapi`olani St. Hilo,Hawaii 96720 6b. Reimbursement Schedule Desired Monthly X_Quarterly 7. Grant Description(Summarize the grant plan covering activities that address the major goals and objectives in approximately 100 words. Limit to 6 lines.) In Federal Fiscal Year 2014,IIPD will issue 400 or more Mobile Electronic Device citations during grant funded projects. 8. Federal funds allocated under this agreement shall not exceed $50,000.00 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 S.Kubojiri Phone: Name: William P.Kenoi Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-Mail: E-Mail: / AUG 12 2113 (Signa ") (Date) (Signature) (Date) To be prepared by applicant,use separate sheets as required. Form HS 3-71 Rev. 8/6/09 STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART H 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 `" 3. <..` GRANT AGREEMENT—PART IIL . i Grant No s, f..,a. Pale 3 (To be completed by Highway Safety Office) j 19. Addendum(Fo oil ay Safety Office Use Only) • • - i " . • • • • - • • • - . EXHIBIT II SCHEDULE A SCHEDULE A Exhibit II Grant No: GRANT DESCRIPTION PAGE# PROBLEM STATEMENT Identin,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 on 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 is 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 is 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 issued a total of 6,248 citations for non-compliance with this law (January 1, 2010 - June 30, 2013). Officers' island wide issued 39 citations during the same time to motorist who violated this law and were involved in a traffic casualty. On May 20, 2013, Governor Neil Abercrombie signed House Bill 980 which took effect July 1, 2013. The Bill establishes a state law that creates consistent requirements across all counties for the use of mobile electronic devices while driving and will simplify enforcement. Hawaii Police Department issued over the past two years the following number of citations for Use of Mobile Electronic Devices While Operating a Vehicle: • Federal Fiscal Year 2011 — 184 (June 1, 2011 to September 30, 2011) • Federal Fiscal Year 2012 — 493 • Federal Fiscal Year 2013 — 309 (October 1, 2012 to June 30, 2013) 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. GRANT DESCRIPTION PAGE# In Federal Fiscal Year (FFY) 2014, HPD will issue 400 or more Mobile Electronic Device (MED) citations during grant funded projects. GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) e.g., develop ermanent 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. In addition, Hawai'i Police will: 1. Conduct 130 distracted driver checkpoints island wide to enforce Act 74 MED violations. 2. Issue 400 citations for MED violations while at distracted driver checkpoints. 3. Issue 100 citations for seat belt and/or child restraint violations while at distracted driver checkpoints 4. Issue 300 citations for other violations both regulatory and moving while at distracted driver checkpoints. 5. Conduct media campaigns and/or send educational letters to registered vehicle owners relative to violations of Act 74. 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. HPD will properly record the number of MED citations issued at grant funded projects and evaluate if the above listed goal and objectives were met. 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--$55.00/per hour $55.00 x 2 hours x 130 checkpoints $14,500.00 Fringe Benefit Rate: 22 % $3,500.00 Time to be spent on project: 260 hours Position Title(s) and Overtime Hourly Rate(s): Officers-$50.00/per hour $50.00 x 2 hours x 2 officers x 130 checkpoints $26,000 Fringe Benefit Rate: 22 % $6,000.00 Time to be spent on project: 520 hours Category Sub-Total $50,000.00 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 $50,000.00 SCHEDULE B-1 Exhibit III Grant No: BUDGET NARRATIVE PAGE #1 of 1 Personnel Costs Hawai'i Police Department will conduct 130 checkpoints throughout the grant period. These activities will be conducted on an overtime basis. The checkpoints will be staffed by supervisors (Lieutenant and/or Sergeant) and officers. Cost are estimated based on an average overtime hourly rate of $55.00 per hour for supervisors and $50.00 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 lis 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# 1 Month Activity October 2013-December 2013 Distracted Driving enforcement and Media Release/Violation Letters January 2014-March 2014 Distracted Driving enforcement and Media Release/Violation Letters April 2014-June 2014 Distracted Driving enforcement and Media Release/Violation Letters July 2014-September 2014 Distracted Driving enforcement and Media Release/Violation Letters 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.