HomeMy WebLinkAboutCOM 0415.000 2012-2014 '' Nancy E. Crawford
William P. Kenoi `.. \I1;� `
Mayor . n� ,p:�� Director
% Deanna S. Sako
+y:; M^.".°•'�``. Deputy Director
County of Hawaii
Finance Department
25 Aupuni Street, Suite 2103 • Hilo,Hawaii 96720
(808)961-8234 • Fax(808)961-8569
August 28, 2013
COUNTY CLERK
J Yoshimoto, Council Chair and COUNTY OF HAWAII
RECEIVED
Members of the Hawai`i County Council Time 10:394.,. By ►,
Hawai`i County Council Date AKJr 2 0 2o13 7
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Operating Budget
The State Department of Transportation Public Affairs - Safe Community Program is providing
an additional funding of$19,112 to the Hawai`i County Police Department's Aggressive Driving
project. The grant funds will be used to allow the Hawai`i County Police Department to
purchase additional speed detection radar units. In the current fiscal year's budget, $37,000 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 Department's Aggressive Driving project account and bringing the total
grant appropriation to $56,112.
If there are any questions, please do not hesitate to call Sergeant Robert Pauole of the Police
Department at 961-2305.
Nancy rawford
Director of Finance
Enc.
cc: Police
1 12L1
Comm. No. I S
Ref. To: —
Ref. pate AUG 2 8 1013
Hawaii County is an Equal Opportunity Provider and Employer i
Form #: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Police DATE: 8/15/2013
STAFF CONTACT: Sergeant Robert Pauole PHONE: 961-2305
A. REQUEST:
To appropriate an additional $19,112.00 to purchase (10) Speed Detection Radar Units.
010.201.5216.30.115, 3308.17
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 Aggressive Driving grant to allow Hawaii County Police Department to purchase Speed
Detection Radar Units.
AUG 19 2013
SIGNED: -:firsii%i.A `vim DATE:
1 Depa ent Head
GRANT SUMMARY
(Supplement to B-52, Request for Council Action)
Type of Grant Appropriation being requested: (New or an additional appropriation)
New (for this fiscal year period). OR 7] Additional appropriation (to an existing grant);
Is a draft agreement attached? Has the original grant notification been transmitted to
Yes I I No Council? FI Yes I I No
Name of Grant Program: HCPD Aggressive 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: $19,112.00
Grant Period (Commencement & Completion): October 1, 2013 - September 30, 2014
Purpose of Grant: To increase the number of aggressive driving and speeding type citations issued.
County Match required?: 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: I I Temporary: n, Duration:
Full-time: I j Part-time: I I, Time Element:
Qty: Contractual: ( I Explain:
Explanation:
Additional Comments about Grant: Additional funds to allow Hawaii County Police Department to purchase
(10) Speed Detection Radar Units.
B-52 Grant Summary Form
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
Hawai'i Police Department Aggressive Driving
2. Name and Address of Applicant Agency 4. Duration
Hawai'i Police Department Month—Day—Year
349 Kapi`olani St.
Hilo, Hawai'i 96720 A. Grant Period
From: 10-01-13
To: 09-30-2014
3. Agency Unit to Handle Grant(Name and Address)
Hawai'i Police Department B. Project Period
349 Kapi`olani St. From: 10-01-13
Hilo, Hawai'i 96720 To: 09-30-2014
5. Location of Project 6a. Type of Application
Hawai'i Police Department (Check Appropriate Item)
349 Kapi`olani St. ®Initial ['Revision ❑Continuation
Hilo, Hawai'i'96720
6b. Reimbursement Schedule Desired
❑Monthly 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(FFY)2014, HPD will issue 1,000 or more speeding citations and 350 or more moving citations during
Aggressive Driving projects. Projects will be conducted on the following highways/Districts: Route 11 (Kona/Kau), Route 190
(Kona/South Kohala),Queen Kaahumanu Highway(Kona/South Kohala), Route 200 aka Saddle Road.
8. Federal funds allocated under this agreement shall not exceed $56,112
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:
(Signature) (Date) (Signature) (Date)
To be pre eared by applicant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09
STATE OF HAWAI'I )
SS.
COUNTY OF HAWAI'I )
On , 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
Hawai'i, a municipal corporation of the State of Hawai'i that the seal affixed to the foregoing
instrument is the corporate seal of said County of Hawai'i, the foregoing instrument was signed
and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of
Hawai'i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as
amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and
deed of said County of Hawai'i.
Notary Public, State of Hawai'i
Printed Name:
My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description:
Doc. Date: Undated at time of notarization
No. of Pages: Jurisdiction:
Signature of Notary Date of Notarization and
Certification Statement
Print Name of Notary
Signature Attachment:
Grant Title: Hawaii Police Department Aggressive Driving Grant
Grantor: State Department of Transportation Motor Vehicle Safety Office
Grant Period: 10/1/2013-9/30/2014
Amount of Grant: $56,112.00
Fiscal Year: 2013-2014
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
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: DYes ❑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
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
HPD AGGRESSIVE DRIVING
PROBLEM STATEMENT
Ident0 the traffic safety related problem or deficiency that the proposed grant is intended to correct.
Ident'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 identing the problem, take into consideration changes in
population, traffic patterns and other demographic dynamics that may affect traffic safety.
Aggressive driving has become a serious problem on our roadways. NHTSA, after discussions
with law enforcement and the judiciary, defines aggressive driving as occurring when "an
individual commits a combination of moving traffic offenses so as to endanger other persons or
property." Unfortunately, statistics are only now being developed and kept in our County in
regards to aggressive driving. The following is known:
• Speed is a consistent factor as one of the combination of moving traffic offenses
involved in aggressive driving.
• Speeding is one of the most prevalent factors contributing to traffic crashes. The
National Highway Traffic Safety Administration (NHTSA) estimates that the economic
costs to society of speed-related crashes to be $40.4 billion per year. In 2009, speed
was a contributing factor in 31% of all fatal crashes, and 10,951 lives were lost in
speed-related crashes.
• The perception of risk, i.e., whether the driver perceives that he/she will be caught
speeding, is a factor in how well a posted speed limit is followed.
• Excessive vehicle speed (speed above that for which the roadway was designed,
exceeding posted limits
• or speed too fast for conditions) has severe and often times disastrous effects in a
crash, because speed:
• Reduces a driver's ability to negotiate curves or maneuver around obstacles in
the roadway.
• Extends the distance necessary for a vehicle to stop.
• Increases the distance a vehicle travels while the driver reacts to a hazard.
• Compromises the integrity of the vehicle structure.
• Decreases the effectiveness of vehicle design features such as airbags and
restraint systems.
• Decrease the ability of roadway hardware such as guardrails, barriers and impact
attenuators to protect occupants.
• Increases tread wear on tires and wear on braking systems.
• Increases the risk of crashes because other vehicles and pedestrians may not be
able to judge distance accurately. (GHSA, Survey of States Speeding Report)
• In Hawai'i, the 2010 data shows that 50 of 90 or 55.5% of the traffic fatalities were
speed-related. This is one of the highest involvement factors. Hawai'i County showed
a 48% speed-related traffic fatality rate which is well above the 2009 national average
of 31%. See Table I.
Table I
2010 Speed Related Fatalities
by County
Hawai'i Honolulu Kauai Maui Total
Not 13 14 5 8 40
Speeding
Speeding 12 28 4 6 50
Total 25 42 9 14 90
Percent 48% 66.7% 44.4% 42.8% 55.5%
Speeding
• The 2009 speeding involved fatality rate for Hawai'i County was 59.2%. This is higher
than the overall state data which was at 54.1% for 2009. Since speeding is a major
factor in traffic fatalities, it is important to continue a strong speed enforcement
program. Hawai'i County has shown that over a one year period continued speed
enforcement can reduce the speed-related fatalities. See Table II.
Table II
2009 Speed Related Fatalities (by county)
Hawai'i Honolulu Kauai Maui Total
Not 11 25 6 8 50
Speeding
Speeding 16 28 2 13 59
Total 27 53 8 22 109
Percent 59.2% 52.8% 25% 61.9% 54.1%
Speeding
It is clear that aggressive driving is a growing problem in West Hawai'i. Law
enforcement knows, based on experience and enforcement efforts, that the Queen
Ka'ahumanu Highway, Hawaii Belt Road, Route 190, and Route 11 in the Kona,
South Kohala, and Ka'u districts are hot spots for aggressive driving. See Table III.
Table III
West Hawai'i Fatalties
(2006-2011)
Year 2006 2007 2008 2009 2010 2011
Total Fatalities (HI County) 33 33 25 27 25 23
West Hawaii Fatalities 9 10 10 7 4 5
Consistent enforcement is one of the strongest deterrents to the aggressive driving and
excessive speeding problems on Queen Ka'ahumanu Highway, Hawai'i Belt Road, Route 190,
and Route 11 in the Kona, South Kohala, and Ka'u Districts. Additionally, due to the new re-
alignment of Route 200 (aka Saddle Road), speeding and aggressive driving on this major
highway has become a major concern. This highway is now the primary commuting route for
East and West Hawaii. Officers who enforce speeding on Route 200 have consistently issued
speeding citations in excess of 80 mph.
The Hawai'i Police Department (HPD) issued 5,170 speeding citations and 1,479 moving
citations over the past four years with grant funds. See Table IV Hawai'i Police Department
Aggressive Driving Enforcement Statistics. See Table IV.
Table IV
Hawaii Police Department Aggressive Driving Enforcement Statistics
2009-2012
2009 2010 2011 2012 Total
Grant Funded 1,329 1,116 1,589 1,136 5,170
Speeding Citations
Grant Funded 405 339 403 332 1,479
Moving Citations
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.
In Federal Fiscal Year (FFY) 2014, HPD will issue 1,000 or more speeding citations and 350 or
more moving citations during Aggressive Driving projects. Projects will be conducted on the
following highways/Districts: Route 11 (Kona/Kau), Route 190 (Kona/South Kohala), Queen
Kaahumanu Highway (Kona/South Kohala), Route 200 aka Saddle Road.
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.
HPD will:
1. Conduct 65 high visibility checkpoints, specifically on Queen Ka'ahumanu Highway,
Hawai'i Belt Road, Route 190, and Route 11 in the Kona, South Kohala, and Ka'u
Districts, enforcing excessive speed and aggressive driving violations. Additionally,
conduct speed and aggressive driving enforcement on Route 200 which covers the
districts of North Hilo, South Hilo, Hamakua, and South Kohala.
2. Conduct 35 inconspicuous projects in the above areas using Traffic Enforcement Unit
stealth police vehicles to enforce excessive speed and aggressive driving violations.
3. Issue 1000 or more speeding citations with grant funding.
4. Issue 350 or more moving citations with grant funding.
5. Issue 300 or more citations for other violations with grant funding.
6. Conduct a media campaign and/or send letters to registered vehicle owners relative to
aggressive driving and the enforcement efforts of the department.
7. Purchase 10 LTI TruSpeed laser units
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 speeding and moving citations issued using grant funds
and evaluate whether the goal and objectives listed above were met.
EXHIBIT III
SCHEDULE B
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:
Fringe Benefit Rate:
Time to be spent on project: hours
Position Title(s) and Overtime Hourly Rate(s):
1 Supervisor--$52/per hour
$52.00 x 2 hours x100 checkpoints 10,400
2 officers-$48/hour each officer
$48 x 2 hours x 2 officers x 100 checkpoints 19,200
Fringe Benefit Rate: 22 % 6,512
Time to be spent on project: 600 hours
Category Sub-Total $36,112
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
(10) Laser Speed Units $20,000
Category Sub-Total $20,000
E. Other Direct Costs
Category Sub-Total
GRANT TOTAL $56,112
SCHEDULE B-1 Exhibit III
Grant No:
BUDGET NARRATIVE PAGE #1 of 1
Personnel Costs
Hawai'i Police Department will conduct 100 aggressive driving checkpoints throughout the grant period.
These activities will be conducted on an overtime basis. The checkpoint will be staffed with one (1)
and two (2) officers. Costs are estimated based on an average overtime hourly rate of$52 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 undeterminded at the outset of the grant period. Hourly rates do not include fringe benefits.
Travel Expenses
Contractual/Consultant Services
Equipment
Purchase (10) Laser Speed Units
Other Direct Costs
EXHIBIT IV
SCHEDULE C
SCHEDULE C Exhibit IV
Grant No:
MILESTONES PAGE#1
Month Activity
October 2013-December 2013 Conduct checkpoints and roving patrol projects in the
stated problem areas.
January 2014-March 2014 Conduct checkpoints and roving patrol projects in the
stated problem areas. Purchase Laser Speed Units.
April 2014-June 2014 Conduct checkpoints and roving patrol projects in the
stated problem areas.
July 2014-September 2014 Conduct checkpoints and roving patrol projects in the
stated problem areas.
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.