HomeMy WebLinkAboutRES 244 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 244 04
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 HAWAII COUNTY POLICE
DEPARTMENT ROADBLOCK PROGRAM GRANT
WHEREAS, the State of Hawaii Department of Transportation, Public Affairs Office -Safe
Community Program has authorized funding towards the Hawaii County Police Department's
Roadblock Program; and
WHEREAS, the goals of this grant program are to reduce the number of alcohol related traffic
fatalities and injuries, to increase the public awareness, and to provide a constant deterrence against
impaired driving by conducting impaired driving roadblocks on our highways; and
WHEREAS, the funds will be used to conduct the 52/12 Impaired Driving Program, to establish
roadblocks on all major holidays, to purchase Intoxilyzer units and implement training on its usage,
and to attend traffic safety conferences, seminars, and meetings; and
WHEREAS, the funds provided by the State of Hawaii Department of Transportation are
derived from grants provided by the federal government; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain
the consent of the council to enter into agreements with the federal or state governments respecting
action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any
funds or other assistance in connection with projects being or to be undertaken pursuant to those
powers.
N®1041, THEREFORE, BE IT RESOLVED BY THE C®UNCIL ®F THE C®UNTY ®F HA1001s~1`I,
in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, an agreement and related documents, to enable the
County to execute its Roadblock Program as described in the Department of Transportation's award
letter, attached hereto and incorporated herein by reference as Exhibit "A".
13E Ifi FURTHER RES®LVED that the Mayor of the County of Hawaii is authorized to sign the
above-referenced agreement and any related documents on behalf of the Office of the Mayor and the
County of Hawaii pursuant to the Hawaii County Charter.
~E Ifi FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the finance and Police Departments.
Dated at xilo ,Hawaii, this 20th day of october , 2004.
INTRODU BY:
COUNCIL. MEMBER, OUNTY OF WAIT
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the CxUNG X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County of Hawai `ion October 2 0, 2 0 0 4 xOLSCHUH X
JACOBSON X
ATTEST REYNOLDS X
SAFARIK X
TULANG X
TYLER X
G~ ~ o~?~•.~4 9 0 0 0
Reference C-782/B-339/FC- 325
La~a~i COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
LINDA LINGLE <F.^P"~ ryq
k RODNEY K. HARAGA
4f~\95ye y
- GOVERNOR w~~'~~Yrr DIRECTOR
1,
~c Depoly Directors
9a ~y BRUCE V. MATSUI
n ;b LINDEN H JOESTING
s.e.nmse~~ BRIAN H. SEKIGUCHI
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION IN REPLY REEER To:
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
HWY-V 9.0366
September 17, 2004
Chief Lawrence Mahuna
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
Dear Chief Mahuna:
Enclosed for your action is a copy of the approved highway safety reimbursement
project No. ALOS-02 (O1-H-02), entitled "Hawaii County Police Department Roadblock
Program." A total of $138,700.00 has been obligated to the project.
The grant funds will be used to conduct a 52/12 Impaired Driving Program and to
reduce the number of alcohol related fatalities and injuries, increase public awareness,
and provide a constant deterrence against drunk driving.
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/Local Government & Non-Profit Organizations.
Note that the Department/Program 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 Program. 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.
EXHIBIT "A"
Chief Lawrence Mahuna HWY-V 9.0366
Page 2
September 17, 2004
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,
~ ,
/ / fi"
J.L flrtl_°,,J,~~~r~l
G ll~l
iALEXANDER K. KAONOHI, JR.
Motor Vehicle Safety Administrator
Enclosure
APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT
STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFETY OFFICE
FOR SCP-SO IISE ONLY
PART I
(Applicant to Complete) Project Number: ALOE-02 (O1-H-02)
1. APPLICANT (Name and Address) Title: HCPD Roadblock Program
Hawaii County Police Department
349 Kapiolani Street Standard Area AL
Hilo, Hawaii 96720
2. AGENCY IINIT (Name and Address) Effective Date: 10/1/04
Hawaii County Police Department
349 Kapiolani Street, Hilo, Hawaii 96720 Federal Funds Obligated $ 138 700.00
3. DURATION (Month, Day, Year) FY Funds OS Addendum YES X NO
A. Grant Period B. Project Period
From: 10-01-04 From: 10-01-04 Benefit of STATE X COUNTY
To: 09-30-OS To: 09-30-OS
4. LOCATION OF PROJHCT Sa. Type of Application (Check Appropriate Item(s)
Hawaii County Police Department x Znitial Revision Continuation
349 Kapiolani Street
Hilo, Hawaii 96720 Sb. RSIMBIIRSSMENT SCHEDIILE DESIRED
Monthly x Quarterly
6. PROJHCT DHSCRIPTION (Schedule A)
7. PROJECT OBJECTIVHS AND TASKS SIIMMARY FROM SCHEDIILH A The project objectives are to
reduce the number of alcohol related fatalities and injuries, increase public
awareness, and provide a constant deterrence against drunk driving.
8. SIIDGET (Schedule B)
8A. COST CATEGORY Total
Expenditures
Grant Period Prior Years Project Period
(1) Personal Services $108,700.00 $769,998.00 $878,698.00
(2) Consultant Services $4000.00 $0 $4000.00
(3) Commodities $26,000.00 $6086.00 $32,088.00
(4) Other Direct/Indirect Costs $0 $16,090.00 $16,090.00
TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $138,700.00 $792,176.00 $930,876.00
8B. SOIIRCS OF FUNDS 0. SPECIFY HOHI NON-FEDHRAL
(1) Federal (100 ~ of TOTAL) $138,700.00 SHARE WILL HH PROVIDED
(2) Applicant Age
9. MILHSTONHS (Schedule C)
10. AGRHEMENT OF IINDSRSTANDING AND COMPLIANCE (See Schedule D, attached)
11. ACCEPTANCE OF CONDITIONS. It is understood and agreed by the undersigned that a reimbursement grant received as a
result of this application is subject to Public Law 89-564 (Highway Safety Act of 1966) and all administrative
regulations governing grants established by the O.S. Department of Transportation and the State of Hawaii. It is
expressly agreed that this project constitutes an oEf icial part of the Hawaii Highway Safety Program and that said
applicant agency will meet the requirements as set forth herein, including accompanying schedules A, B,C & D, which are
incorporated herein and made a part of this application. Authorization Co proceed with this Highway Safety Project is
requested.
11A. PROJSC DIRHCTOR 11B. AIITHO ING O FICIAL OF AGENCY IINIT
Signature ~ Signature
Name HARK BOJI I Name ~ HARRY KIM
Title ACTING POLICE CHIEF Title MAYOR
Date Date
To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 7/14/00
SCHEDULE A
HCPD Roadblock Program
ALOS-02(01-H-02)
MISSION/GOAT.
The goal of this program is to reduce the number of alcohol related trafftc fatalities and
injuries, to increase public awareness, and to provide a constant deterrence against
impaired driving by conducting impaired driving roadblocks on our highways.
STRATEGIES
1. Conduct 52/12 Impaired Driving Program.
2. Establish about 200 impaired driving roadblocks with grant funds, establishing
roadblocks on all major holidays.
3. Affect about 100 arrests for impaired driving at grant funded roadblocks.
4. Affect approximately 100 arrests for other violations at grant funded roadblocks.
5. Issue about 500 citations for violations at grant funded roadblocks.
6. Screen an estimated 50,000 vehicles while at grant-funded roadblocks.
7. Purchase four Intoxilyzer 8000 units for use by Traffic Enforcement Unit officers and
patrol officers at impaired driving roadblocks.
8. Implement four day training session by CMI Inc. personnel. Training to be on
Intoxilyzer SOOOEN and 8000 units. Training to be made available to all county
police departments.
9. Implement training and procedures for use of the Intoxilyzer 8000 in Hawaii County.
10. Attend Lifesavers traffic safety conference, Traffic Records Forum, annual Drug
Alcohol Impaired Driving (DRE) Seminar and four quarterly Statewide Traffic
Commanders Meetings.
The Statewide Traffic Commanders Coalition has agreed that DUI deterrence and the use
of impaired driving roadblocks should be coordinated statewide.
SOLUTION/IMPLEMENTATION
Police personnel, on overtime, will conduct impaired driving roadblocks to supplement
the enforcement efforts currently conducted by our Department. The 52/12 impaired
driving enforcement program, modeled throughout the state, will be implemented in
Hawaii County.
Officers will attend the Lifesavers Conference, Traffic Records Forum, DRE Conference,
and Statewide Traffic Commanders Meetings to remain knowledgeable of successful
programs, models and best practices, identify new and innovative strategies to reduce
traffic deaths and injuries, and to coordinate enforcement efforts on a statewide level and
to coincide with National campaigns.
Intoxilyzer 8000 portable units will be purchased to provide Traffic Enforcement Unit
officers and patrol officers conducting impaired driving roadblocks with immediate
access to a breath testing instrument, thereby increasing the accuracy of their breath
testing results at the time of initially observed impairment.
CMI staff will provide training in the Intoxilyzer SOOOEN and 8000 units. This training
session will be made available to all county police.
Additionally, equipment will be purchased to improve alcohol related fatal crash
investigations and prosecutions.
EVALUATION
The amount of grant funded impaired driving roadblocks will be tracked to determine if
quantitive measures were obtained. Impaired driving arrests, other arrests, citations
issued, equipment purchased and training attended will also be tracked. Statistics of
impaired driving arrests, fatal crashes, fatalities and alcohol related fatal crashes and
fatalities would be reviewed to detennine the effect of this concentrated enforcement.
EXHIBIT III
SCHEDULE B
SCHEDULE B
HCPD Roadblock Program
AL04-02 (O1-H-02)
(i) PERSONAL SERVICES
Employee Salaries and Benefits $100,000.00*
One Police Sergeant and three Police Officers
• Salaries and Wages ($504.00 per roadblock)
o $28.00 x 4 officers x 3 hours x 1.5 = $504.00
Air and Surface Travel and Per Diem
• Travel-Lifesavers Conference (Out of State Travel) $2500.00*
• Travel-Traffic Records Forum (Out of State Travel) $2500.00*
• Travel-DRE Conference (Out of State Travel) $2500.00*
• Travel-Statewide Traffic Commanders Meetings $1200.00*
(2 Officers x 3 trips x $150.00 = $1200.00)
2) CONSULTANT SERVICES
• CMI Inc. ersonnel to provide Intoxilyzer trainin $4000.00
(3) COMMODITIES
• 4 (four) Intoxil zer 8000 units $6500.00 each $26,000.00
(4) OTHER DIRECT/INDIRECT COSTS
TOTAL PROJECT COST: $138,700.00*
EXHIBIT IV
SCI~EDULE C
SCHEDULE C
HCPD Roadblock Program
ALOS-02 (O1-H-02)
MILESTONES
Month Activity
52/12 impaired driving enforcement program to be conducted throughout fiscal year. At
least one impaired driving roadblock will be established in each of the 52 weeks of the
year, for all twelve months of the year.
October-December 2004 Conduct grant and county funded impaired driving
roadblocks, roadblocks to be scheduled during all major
holidays. Purchase equipment to improve impaired driving
roadblock program and alcohol related fatal crash
investigations. Attend Statewide Traffic Commanders
Meeting.
December 2004 National Drunk & Drugged Driving Prevention Month and
You Drink & Drive You Lose Cam ai
January-March 2005 Conduct grant and county funded impaired driving
roadblocks, roadblocks to be scheduled during all major
holidays. Attend Lifesavers Conference. Attend Statewide
Traffic Commanders Meeting.
April-June 2005 Conduct grant and county funded impaired driving
roadblocks, roadblocks to be scheduled during all major
holidays. Attend Statewide Traffic Commanders Meetin .
June-July 2005 National You Drink & Drive You Lose Campaign. Attend
Traffic Records Forum.
July-September 2005 Conduct grant and county funded impaired driving
roadblocks, roadblocks to be scheduled during all major
holidays. Attend Statewide Traffic Commanders Meetin .
EXHIBIT V
SCHEDULE D
SCHEDULE D
Agreement of Understanding & Compliance
Project Number: ALOS-02 (01-H-02)
THIS AGREEMF,NT made and entered into by and between [he STATE OF HAWAII by and through its
Director of Transportation, hereinafter referred to as "State," and the Govemmen[al Unit named in this
application, hereinafter referred [o 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
WFIEREAS, 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, STATF. 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.
[I. Property Agreement
A. [t 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 se[ forth by the
project agreement. In such event, APPLICANT further agrees to either give credit to the project
cos[ or to another active Highway Safety project for the residual value of such equipment in an
amount [o be determined by the STATE, or to transferor 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 [he 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. t 18K (a)].
N. Equal Opportunity
A. It is mutually agreed and promised [hat 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, [he APPLICANT, as a condition to receiving approval of
this application submitted under the Highway Safety Ac[ 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 [o 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 [he APPLICANT shall apply all proceeds or credits
generated under the project, such as but not restricted [o: The sale of real or personal property
royalties received from copyrights and patents, sale of publications or from personal or incidental
services, to [he 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
[he property of [he State or applicant agency; however, provisions should be made to obtain for [he
United Slates Govemment, [he Slate 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, 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 [his 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 deteratined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal government, the deparhnent 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 [his 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 se[ out in [he Definition
and Coverage sections of 49 CFR Part 29. You may contact the person [o whom this proposal
is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting [his proposal [ha[, 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 i[ 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 [he foregoing shall be constmed to require establishment of a system of
records m 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 S of these instmctions, 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 [his transaction, in addition to other remedies
available to the Federal government, [he departrrtent 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 tlus
certification, such prospective participants shall attach an explanation to this proposal.
X. Minority Business Enterprise Requirements
I[ 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 ofDOT-assisted contracts.
XI. Requirements
A. I[ is mutually agreed and promised [ha[ the applicant shall follow [he State and Federal
requirements and guidelines set forth in [he 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 [his application.
PART II (Safe Community Program - Safety Office to complete)
Project Number: ALOS-02 (O1-H-02)
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. Effective Date 10/1/04
B. Federal Fund O ~ ga~ed $138,700.00
C. Approval Da e / ~ Y
D. Signatur
E. Name Gord .K. Hong
F. Title Highway Safety Manager