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HomeMy WebLinkAboutCOM 0412.000 2002-2004 Miv or Harry Kim ~'cV~ . ~ William Takaba Mnyor F" Director - ~ Nancy E. Crawford ~iy.; Deputy Director County of Hawaii Finance Department 25 Aupuni Stroet, Room I18 Hilo, Hawaii 96720 (808)961-8234 • Pax (808)961-8248 O W November 4, 2003 Z ~n °c ~C r`i? Honorable James Arakaki, Chairperson and ~ ~ Members of the County Council Hawaii County Council ~ 25 Aupuni Street Hilo, Hawaii 96720 rv w Re: Operating Budget The State of Hawaii Department of Transportation has authorized a $44,000 grant towards the Hawaii County Fire Department "Jaws of Life" project. The goal of this project is to reduce the number of deaths and complications from serious injuries, resulting from motor vehicle accidents, by equipping fire crews with the tools to extricate pinned vehicle occupants faster than is currently done. The grant funds will be used to purchase power extrication tools, commonly called the "Jaws of Life", and have them assigned to the Kaumana and Kawailani Fire units. Enclosed is a resolution authorizing the Mayor to enter into an agreement with the State of Hawaii Department of Transportation for this grant. Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating this $44,000 "Jaws of Life" Project grant. If there are any questions, please do not hesitate to call the Fire Department. D William Takaba Director of Finance APPROVED: C~~~"'r^'~ Dv Harry Kim li./ Mayor Comm. N0. Enc. Ref. To: Ref. Date~__ cc: Fire dill I g~ Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: FIRE DATE: November 3, 2003 STAFF CONTACT: Gerald Makino PHONE: 961-8309 A. REQUEST: Prepare a resolution authorizing the Fire Department to accept a grant of $44,000 from the U.S. Department of Transportion, via the State Department of Transportion, for the purchase of power extrication tools. Prepare a complementary ordinance as follows: 010-221-5228.04-480 Fire Grants - "Jaws of Life"- FED -Miscellaneous Equipment $44,000 3303.38 Federal Grants -Jaws of Life $44,000 B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDEDI: 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 by the Hawaii County Fire Department for a project entitled "Hawaii County Fire Department Jaws of Life". The goal of this project is to reduce the number of deaths and complications from serious injuries, resulting from motor vehicle accidents, by equipping fire crews with the tools to extricate pinned vehicle occupants faster than is currently done. A total of $44,000 has been obligated to this project The term of this project is 10/01/03 -09!30/04. The funds will be used to purchase power extrication tools, commonly called "the Jaws of Life" to be assigned to the Kaumana and Kawailani Fire units. SIGNED: ~ DATE: November 3, 2003 Department Head GRANT SUMMARY Su lement to B-52, Re uest for Council Action T e of Grant A ro riation bein re uested: ew or an additional a ro nation X New (for this fiscal year period). OR X Additional appropriation (to an existing grant); Is a draft agreement attached? Has the original grant notification been transmitted to X Yes ? No Council? X Yes No Name of Grant Program: Highway Safety Project Reimbursement Grantor: U.S. Department of Transportation County Grantee Department or Agency: Fire Department County Grantee Contact Person: Gerald Makino Phone Number: 961-8309 Amount of Grant: $44,000 Grant Period (Commencement & Completion): 10/01/03 - 09/30/04 Purpose of Grant: Enhancement of highway safety. County Match required?: ? Yes X No If yes, Matching Amount? Budgeted in account# In-kind? Explain: Explanation: County's personnel requirements: Amount of new position(s)? Qty: 0 Permanent: ? Temporary: Duration: Full-time: ? Part-time: Time Element: Qty: 0 Contractual: ? Explain: Explanation: Additional Comments about Grant: The approved project is No. EM03-04 (O1-H-O1), entitled "Hawaii County Fire Department Jaws of Life". LINDALINGLE t~or RE. `i4~VG0 RODNEYK HARAGA 4- DIRECTOR GOVERNOR HA.1!'All FIRE~EPA~ T14ENT DEruTVDIRECroR 22 BRUCE Y. MATSUI 4~ .1 2D03 0~~27 PP1 I ~ 00 ~~.~?.r STATE OF HAWAII Br REPLV REFER TO: DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION AT KAPOLEI 601 KAMOKILA BOULEVARD Motor Vetwde sarety gfice, +Y511 KAPOLEI, HAWAII 96707 HWY-V 9.0035 October 24, 2003 Fire Chief Darryl Oliveira Hawaii County Fire Department 25 Aupuni Street, #103 Hilo, Hawaii 96720 Deaz Chief Oliveira: Enclosed for your action is a copy of the approved highway safety reimbursement project No. EM03-04 (Ol-H-Ol), entitled "Hawaii County Fire Department Jaws of Life." A total of $44,000.00 has been obligated to the project. The grant funds will be used to purchase two sets of power extrication devices in order to maintain the standazd of care at vehicle crashes. Progress 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 grant 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 Department/Progtam 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 Programs section of your single agency audit report are: Department of Transportation/20.600 -State and Community Highway Safety Progam. A copy of all audit reports covering the grant period must be sent to the Department of Transportation -Safe Community Program, 869 Punchbowl Street, Room 405, Honolulu, HI 96813. ti~1'7 1030.03: ~~r ~Q/a~ia, ~i"{~ Chief Darryl Oliveira HWY-V 9.0035 Page 2 October 24, 2003 Within 60 days of the date of project approval, the Safe Community Program 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, mil ~-~.irH i'~~ ALEXANDER K. KAONOHI, JR. Motor Vehicle Safety Administrator Enclosure APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFE COMMUNTTIES OFFICE PART I FOR SCP-SCO USE ONLY (Applicant to Complete) Projcct Number. 12[04-04 (01-H-O 1) 1. APPLICANT (Name and Address) Title: HCFD Jaws of Life Darryl J. Oliveira, Fire Chief 25 Aupuni St., #103, Hilo, HI 96720 Standard Area lai 2. AGENCY UNIT (Narte and Address) Hawaii County Fire Department Effective Date: 10/1/03 25 Aupuni St., #103 Hilo, HI 96720 Federal FundsObligatedS 44,000.00 3. DURATION (Month, Day, Year) A. Grant Period B. Project Period FY Funds04 Addendum - YES X NO From: From: To: October O1, 2003Io:September 30, 2004 Benefit of-STATE XCOUNTY 4. LOCATION OF PROJECT Sa. TYPE OF APPLICATION [Check Appropriate Item(s)] Kawailani Fire Station Kaumana Fire Station ~Lubal -Revision -Continuation 411 W. Kawailani ST. 310 Kaumana Dr. Sb. REIMBURSEMENT SCHEDULE DESIRED Hilo, HI 96720 Hilo, HI 96720 Monthl erl ~C Y . Qum Y 6. PROJECT DESCRIPTION (Schedule A) 7. PROJECT OBJECTIVES AND TASICS SUMMARY FROM SCHEDULE A To Reduce the total time that a traffic victim is pinned within a vehicle by providing the first responding fire apparatus with appropriate power extrication tools. 8. BUDGET (Schedule B 8A. COST CATEGORY Total Grant Period Expenditures Project Period Prior Years (1) Personal Services N/A (2) Consultant Services N (3) Commodities N/A (4) OthaDirect/InduectCosts 10 03 - 09 04 None 10/03 - 09/04 TOTAL ESTIMATED COSTS (Inc. Non-Fed. Sham) $ 44 , 000.00 None $ 44 , 000.00 8B. SOURCE OF FUNDS Federal C. SPECIFY HOW NON-FEDERAL (1)Fcderal(100%ofTOTAL) $44,000.00 SHAREWILI,BEPROVH)ED (2) Applicant Age 42 9. MILESTONES (Schedule C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule I), 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 (IIighway SafetyAct of 1966) and all administtative regulations governing grants established by the U,S. Department of Transportation and the State of Hawaii. It is expressly agreed tbat this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant agency will meet the requirements asset forth herein, including accompanying schedules A,B,C & D, wbich are ' co rated herein and made a art otthis a lication. Authori2ation to roceed with this Hi hwa Safe Pro'ed is r nested. IIA. PRO IRE R 11B. AUTH G IAL OF AGENCY UNIT Signature Signature Name D rry J Oliveira. Nam Da ryl iveira Title F're Chief Title Fire Chie Date September 8, 2003 Date September 8, 2003 To be prepazed by applicant, use separate sheets as required. Form HS 3-71 Rev. l0/O1 SCHEDULE A JAWS OF LIFE EQUIPMENT PURCHASE Project Number Em04-04(01-H-O1) MISSION/GOAL The goal of this project is to reduce the number of deaths and complications from serious injuries, resulting from motor vehicle accidents within the Kaumana and Kawailani Fire/Emergency Medical Services districts. These two districts currently have no power extrication devices and require waiting for a Light Rescue Truck to respond from the Waiakea Fire district. By equipping the fire apparatus from Kaumana and Kawailani with power extrication tools, it will allow these fire crews to extricate pinned vehicle occupants faster than is currently being done. A traffic accident victims best chance of survival is to get to defmitive surgical care in a timely manner. Each minute wasted works against the victim. STRATEGIES The project will equip both Engine-4 of Kaumana and Engine-3 of Kawailani with a complete power extrication tool set, commonly called "the Jaws of Life" extrication devices. All current Personnel are trained in the techniques used with power extrication devices. All new Fire Recruits undergo training with these devices as part of their initial Firefighting training. Upon delivery of the extrication devices, training will be done utilizing in-house instructors to familiarize personnel with the specific brand of device purchased. There will be six (6) separate training periods. This will allow each of the 3 shifts from the 2 stations to attend the training. The project will allow all personnel to become efficient in the use of power extrication tools and to extricate pinned victims in a timely manner. 4nt UTION/Ilv1PLEMENTATION The project calls for the purchase of two identical sets of power extrication devices. The purchase will include 1 each of A) Power Unit, B) Extension Ram, C) Cutter Unit, D) Spreader Unit, E) Hoselines, and F) Service Contract. There will be no added cost for training or personnel as this will be done with existing trained Hawaii County Fire Department personnel. EVALUATION The effectiveness of this project will be monitored documentation of the total time it takes a vehicle accident victim to begin transport to an emergency room, from the time of arrival of the Engine Company. National Emergency Medical Services standards set a maximum 10-minute scene time for critical trauma victims. This project hopes to bring Engine-4, Kaumana, and Engine-3, Kawailani, to within acceptable National standazds. Task to be accomplished a. Purchase of Power extrication devices b. Training on purchased devices c. Devices being put into service on respected Fire Apparatus d. Evaluation of effectiveness SCHEDULE B (1) PERSONAL SERVICES Emnloyee Salaries and Benefits Position Title: Salary: $ (Day, Week, Month) Fringe Benefit Rate: Time to be spent on project: hours Total Salaries and Benefits: $ o. 00 Air Travel To: From: Cost: $ 0.00 Intea State Inter State Total Air Travel: $ 0.00 Surface Travel Car Rental: $ 0.00 Private Car: ( miles @ per mile) Total Surface Travel: $ 0.00 Per Diem Inha State: days @ $ _ per day Total: $ 0.00 Inter State: days @ $ _ per day Total: $ 0.00 Total Per Diem: $ 0.00 Tuition, Course, Registration and Misc. Fees Fee: $ 0.00 Fee: $ 0.00 Total Tuition and Misc.: $ 0.00 TOTAL PERSONAL SERVICES: $ 0.00 5 SCHEDULE B (Continued) (2) CONSULTANT SERVICES hours @ $ per hour: $ 0.00 Travel: $ 0.00 Overhead ( % of Total): $ 0.00 TOTAL CONSULTANT SERVICES: S 0.00 (3) COMMODTTIES Office Supplies: $ 0.00 Other Expendable Materials: $ 0.00 TOTAL COMMODTTIES: S 0.00 (4) OTHER DHtECT1INDIRECT COSTS OtEce Space ( sq. ft. @ $ per skl. ft.): $ 0.00 OfFice Equipment (Attach detailed equipment schedule): $ 0.00 Puchased: $ 0.00 $ 0.00 of Shared Equipment: $ 0.00 * Other Equipment (Specify type and cost on an attached schedule.): $ 43 , 300.00 Utilities ( % used for project): $ 0.00 * Maintenance ( 1.5 % used for project): S 700.00 E.D.P. Services ( hr. @ -per hour): $ 0.00 Printing: $ 0.00 Communications: $ 0.00 Project Income: $ 0.00 TOTAL OTHER DIRECT/INDIRECT COST: $ 44 , 000.00 Indirectcosts not exceed 10% of Total salaries Federal (Shaze) Funds Requested* $ 44,000.00 Agency (Share) Budget Item $ 0.00 TOTAL PROJECT COST: $ 44,000.00 Note: Identify all costs to be reimbursed by Federal funds with an asterisk SCHEDULE C Project Number: EM04-04 (O 1-H-01) MILESTONES . Month Activity October 2003 Formulate bid specifications for extrication device Nov.-Dec. 2003 Bid rocess for venders Januar 2004 Awardin of Bid and E ui ment urchase February 2004 Equipment delivery and training March 2004 Assignment of equipment to specified fire apparatus April-Sept. 2004 Evaluation Period f EXHIBIT V SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: 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 govemmeats or political subdivisions upon application and approval by STATE and . the UNTIED 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/I,amps C. It is further ageed 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 ageed 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 ageement. Tn such event, APPLICANT frther 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 ageed 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 ageed 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 ageed 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 gants under the Highway Safety Act of 1966, of the provisions of Section 12 (a) of the Hatch Act [5 U.S.C. 118K (a)]. N. Equal Opportunity A. It is mutually ageed 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 Progam 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 2AQOd-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 Bound 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 UNTIED 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) Retrain from extending any further Federal fmancial 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 l.rrant 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 fot 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 Government, the State Governments and their political subdivisions aroyalty-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, acid 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 detemuned 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 Teams 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, declazed 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 Regazding Debarrrrent, 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 trazrsaction 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 fmanced 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 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 tbe 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 STATES agreement and authorization to proceed as set forth in PART II (2) of this application. PART II (Safe Community Program - Safety Office to complete) Project Number: EM04-04(01-H-O1) 1. ADDENDUM (For MVSO Use Only) 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. fiffective Date October 1, 2003 B. Federal Funds Obligated $44,000.00 C. Approval D t ~ 0 9/O ~v~" -~qtl D. Signature ( ~ ~I~ E. Name Gordo .K. Hong F. Title Highway Safety Manager