HomeMy WebLinkAboutRES 260 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 260 (?4
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 THE HAWAII COUNTY FIRE
DEPARTMENT'S SPINE BOARD EQUIPMENT PURCHASE PROJECT
WHEREAS, the State of Hawaii Department of Transportation has authorized funding towards
the Hawaii County Fire Department's Spine Board Equipment Purchase Project; and
WHEREAS, the goals of this project are to eliminate collateral injury of accident patients and to
increase survivability by eliminating the need to transfer patients from spinal immobilization boards to
obtain diagnostic x-rays; and
WHEREAS, the purchase of additional radio translucent spine boards, which eliminates the
need to transfer patients from spinal immobilization boards to obtain x-rays, will prevent additional
injuries to patients during x-rays and will enhance each ambulance unit's ability to cover multiple
injuries at each vehicle accident; and
WHEREAS, the funds will be used to purchase fifty (50) radio translucent spine boards that will
be distributed to the fire stations island-wide; and
WHEREAS, the funds provided by the State of Hawaii Department of Transportation are
derived from federal funds provided under the National Highway Safety Act of 1966.
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.
NOW, THEREFORE, EE IT RESOLVE® BY TOME COUNCIL OF TIDE COUNTY OF HAWAII,
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 purchase fifty radio translucent spine boards as described in the Department of
Transportation's award letter, attached hereto and incorporated herein by reference as Exhibit "A".
EE IT O°URTI~iER RESOLVEI] that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of the Mayor, the Finance and Fire Departments.
Dated at xona ,Hawaii, this 24th day of November , 2004.
INn,T~R-ODUCED BY:
COUNCIL MEMBER, COUNTY AWAI`I
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 `i on November 2 4 , 2 O 0 4 HoLSCHUH X
ATTEST 1ACOBSON X
REYNOLDS
SAFARIK X
~e ~ i~ TULANG X
1~~ y 7, _ .
TYLER X
8 0 1 0
Reference C-832/B-363/FC-345
~SCaUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
f ~~N
4 a 9
q•~ 9Sg~-
~~,g ~.~~t t~.ll ~"fy~it'M~ I ~t1Yj
J ~
2G~ CCT f 3 PIS 4~ 53
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAW_All 96813-5097
HWY-V 9.0366
October 6, 2004
Fire Chief Darryl J. Oliveira
Hawaii County Fire Department
25 Aupuni Street, Room 103
Hilo, Hawaii 96720
Dear Fire Chief Oliveira:
Enclosed for your action is a copy of the approved highway safety reimbursement
project No. EMOS-04 (O1-H-Ol), entitled "Hawaii County Fire Department Equipment
Purchase." A total of $10,163.20 has been obligated to the project.
The grant funds will be used eliminate the need to transfer patients from spinal
immobilization boazds to obtain x-rays by purchasing 50 radio translucent spine boazds.
Progress reports must be submitted quarterly within 15 days (ending May, August and
November) and a fmal report must be submitted within thirty days of the end of the
grant period. Reimbursement claims must be submitted in accordance with the
agreement (montlily 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/Prograzn 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 aze: Department
of Transportation/20.600 -State and Community Highway Safety Prograzn. 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"
Fire Chief Darryl J. Oliveira HWY-V 9.0366
Page 2
October 6, 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,
EXANDER K. KAONOHI, JR.
Motor Vehicle Safety Administrator
Enclosure
APPLICATION FOR IiIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT
STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFE COMMUNITIES OFFICE
PART I FOR SCP-SCO USE ONLY
(Applicant to Complete)
Project Number. EMOS-04 (O1-H-O1)
1. APPLICANT (Name and Address) Title: HCFD Equipment Purchase
Darryl I. Oliveira, Fire Chief
25 Aupuni Street, Room 103, Hilo, HI 96720
Ssandard Area EM
2. AGENCY UNIT (Name and Address)
County of Hawaii Fire Department Effective Date: 10 / 1 /04
25 Aupuni Street, Room 103, Hilo, HI 96720 Federal Funds Obligated $ 10 ,163.20
3. DURATION (Month, Day, Year)
A. Grant Period B. Project Period FY Funds 5 Addendum _ YES X NO
From: October 1, 2004 From: October I, 2004 Benefit of STATE R COUNTY
To: Se tember 30, 2005 To: Se [ember 30, 200 rj
4. LOCATION OF PROJECT Sa. TYPE OF APPLICATION [Check Appropriate Item(s)]
Island of Hawaii g Initial _ Revision _ Continuation
County of Hawaii Fire Department
At l4 ambulance units Sb. REIMBURSEMENT SCHEDULE DESIRED
Monthly R Quarterly
6. PROJECT DESCRIPTION Schedule A
7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A
To eliminate the need to transfer patients from spinal immobilization to obtain x-rays.
8. BUDGET Schedule B
8A. COST CATEGORY Total
Grant Period Expenditures Project Period
Prior Years
1 PetsonalServices $163.20 n/a $163.20
2 Consultant Services n/a
3 Commodities n/a
4 OtherDirecUlndirectCosts $10,000.00 n/a $10000.00
TOTAL ESTIMATED COSTS Inc. Non-Fed. Shaze $10,163.20 $10,163.20
8B. SOURCE OF FUNDS $10,163.20 C. SPECIFY HOW NON-FEDERAL
(I) Federal (<DD %of TOTAL) SHARE WILL BE PROVIDED
2 A licant A e 43
9. MILESTONES Schedule C
10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE See Schedule D attached
11. ACCEPTANCE OF CONDITIONS. @ 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
U.S. Department of Transportation and the State of Hawaii. It is expressly agreed that this project constitutes an official part of [he Hawaii
Highway Safety Program and [hat said applicant agency will meet [he requirements as se[ forth herein, including accompanying schedules A,B,C
& D, which are inco orated herein and made a art of this a lication. Authorization t rceeed with this Hi hwa Safe Project is re uested.
11A. PROJECT OR I IB. AUTH Z FICIAL OF AGENCY UNTO
Si nature Si nature
Name Neil Yoshioka Name a J. Oliveira
Title Firefi hter/M[CT Title Fire Chief
Date SEP 2 1 004 Date
To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. IO/Ol
SCHEDULE A
RADIO SPINE BOARD PURCHASE
Project Number: EMOS-04 (O1-H-O1)
MISSION/GOAL -
(State your mission or goal that the project is trying to achieve. E.g. are you trying to
reduce traffic injuries and fatalities? In what specific area of traffic, pedestrian, speeding,
children?)
The goals of this project are: 1) To eliminate collateral injury of accident patients; and 2)
To increase survivability by eliminating the need to remove patients from spine boards
for diagnostic x-rays. The County of Hawaii Fire Department is responsible for all
emergency medical response for the entire island, and has begun outfitting each unit with
a radio translucent spine board. This project will add three additional boards per unit and
therefore enhance each unit's ability to cover multiple injuries at each vehicle accident.
Once completed, no longer will patients suffer additional injury during x-rays, and a
faster diagnostic process may result in quicker life saving treatment.
STRATEGIES
(What are you attempting to accomplish with this project? What you plan to do. E.g.
developing permanent fitting stations for child restraints, enforcement activities,
educational activities.) Use quantitive measures such as the number of training to be held,
number of meetings to be held, number of roadblocks to be established, etc.
This project will impact the entire island of Hawaii by enabling the distribution of radio
translucent spine boards to all fourteen (14) ambulance units operated by the Fire
Department. Upon delivery, the boards will be dispersed to each unit; no additional
training is required (all new fire fighters are cross trained to Emergency Medical
Technician level prior to permanent assignments).
SOLUTION/IMPLEMENTATION
(How will you get it done? E.g. hiring of personnel, purchasing of certain equipment,
developing statewide conference, etc. The implementation phase should reflect what you
will be asking for in your budget.)
The project calls for the purchase of fifty (50) radio translucent spine boards. The
distribution will be three boards per unit with the eight (8) spare boazds used as back up
replacements to cover for the boards that are-sent with patients who are transferred off
island for treatment.
EVALUATION
(How are you going to show effectiveness of your project? What measures can you use?
E.g. increase seat beldchild restraint use, decrease in traffic crashes, decrease in alcohol-
related crashes/fatalities, etc. You need to state how much of a decrease in fatalities or
increase in usage rate you hope to accomplish. It is understandable that not one single
project will be responsible for the entire increase or decrease of any one single item;
however, you will be part of the whole.)
The effectiveness of the project will be determined by a tally of board usage over a
two-year period from dispersal.
Also list the task(s) to be accomplished. E.g. training, enforcement, classes, etc.
Tasks to be accomplished:
• Purchase of the fifty (50) spine board units.
• Distribution of items to respective ambulance units.
• Evaluation of overall usage.
ExxlsiT ill
SCHEDULE B
SCHEDULE B
(1) PERSONAL SERVICES
Employee Salaries and Benefits
Position Title:
Salary: $ (Day, Week, Month)
Fringe Benefit Rate:
Time to be spent on project: hours
Total Salaries and Benefits: $ 0
Air Travel
To: Oahu From: Hilo Cost: $ 163.20
Intra State
Inter State
Total Air Travel: $ 163.20
Surface Travel
Car Rental: $ 0
Private Car. ( miles @ per mile)
Total Surface Travel: $ 0
Per Diem
Intra State: days @ $ per day Total: $ 0
Inter State: days @ $ _ per day Total: $ 0
Total Per Diem: $ 0
Tuition, Course, Registration and Misc. Fees
Fee: $ 0
Fee: $ 0
Total Tuition and Misc.: $ 0
TOTAL PERSONAL SERVICES: $ 163.20
SCHEDULE B (Continued)
(2) CONSULTANT SERVICES
hours @ $ per hour: - $ 0
Travel: $ 0
Overhead ( % of Total): $ 0
TOTAL CONSULTANT SERVICES: $ 0
(3) COMMODITIES
Office Supplies: $ 0
Other Expendable Materials: $ 0
TOTAL COMMODITIES: $ 0
(4) OTHER DIRECT/INDIRECT COSTS
Office Space ( sq. ft. @ $ per sq. ft.): $ 0
Office Equipment (Attach detailed equipment schedule): $ 0
Puchased: $ 0
Leased: $ 0
of Shared Equipment: $ 0
Other Equipment (Specify type and cost on an attached schedule.): $ 10,000.00
Utilities ( % used for project): $ 0
Maintenance ( % used for project): $ 0
E.D.P. Services ( hr. @ per hour): $ 0
Printing: $ 0
Communications: $ 0
Project Income: $ 0
TOTAL OTHER DHiECT/INDIRECT COST: $ 10,000.00
Indirect costs not exceed 10% of total salaries
Federal (Share) Funds Requested* $ 10,163.20
Agency (Share) Budget Item $ 0
TOTAL PROJECT COST: $ 10,163.20
Note: Identify all costs to be reimbursed by Federal funds with an asterisk
EXHIBIT IV
SCHEDULE C
SCHEDULE C
Project Number: EM05-04 (O1-H-O1)
MILES'Y'ONES
Month Activity
October 2004 Formulate bid specifications for radio spine boards.
November-December 2004 Bid process for vendors.
January 2005 Awarding of bid and equipment purchase.
February 2005 Equipment delivery.
March 2005 Assignment and delivery of equipment to specified units.
April-July 2005 First evaluation period with additional evaluations quarterly for
two ears.
October 2005 First annual evaluation.
EXHIBIT V
SCHEDULE D
SCHEDULE D
Agreement of Understanding & Compliance
Project Number: EMOS-04 (O1-H-O1)
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 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 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. 1 I8K (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 ZOOOd-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 [he 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 properly 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, 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 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, 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 req~iirements 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 opporiunity 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. 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.