HomeMy WebLinkAboutCOM 0041.017 2008-2010
OOZY OF h~h•
William P. Kenoi Harry S. Kubojiri
Police Chief
.Mayor
~r•G .;ot•P
~Tt OF•N~~ Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
October 23, 2009 (808) 935-3311 • Fax (808) 961-8865
TO J YOSHIMOTO, COUNCIL CHAIR AND COUNCIL MEMBERS
C M]1
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VIA K Y OSHIRO, CONT OLLER ti's
FROM S. UB IRI, LICE CHIEF" l
SUBJECT NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 09-64, Section 7(1)~
1
Name of Grant Program: Aggressive Driving
Federal or State Grantor: State Department of Transportation Public
Affairs Office-Safe Community Program
County Grantee Department/Agency: County Police Department
Grant No.: SC10-06(02-H-01)
Amount of Grant: $36,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010.201.5216.30; 3308.17
Grant Period: October 1, 2009 - September 30, 2010
Purpose of Grant: To reduce fatalities and injuries, increase
public awareness and provide a constant
deterrence against aggressive driving.
Is final report required by grantor? yes
Notification Attached: yes
Comm. No.
Ref. To.
Ret Date JNQV
"Hawai`i County is an Equal Opportunity Provider and Employer'
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT
Grant No: SC10-06 (02-H-01)
Page 1 (To be completed by applicant agency).
1. Grant Title
Hawaii 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, Hawaii 96720 A. Grant Period
From: 10-01-09
To: 09-30-2010
3. Agency Unit to Handle Grant (Name and Address)
Hawaii Police Department B. Project Period
349 Kapi`olani St. From: 10-01-09
Hilo, Hawaii 96720 To: 09-30-2010
5. Location of Project 6a. Type of Application
Hawaii Police Department (Check Appropriate Item)
349 Kapi`olam St. Elnitial []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.)
The goal of this project is to reduce the number of fatalities and injuries, increase public awareness, and provide a constant
deterrence against aggressive driving.
8. Federal funds allocated under this agreement shall not exceed $36,000.00
9. Approval Signatures
Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result of this grant agreement is subject to
Public Law 89-564 (Highway Safety Act of 1966) and all administrative regulations governing grants established by the U.S. Department of Transportation
and the State of Hawaii. It is expressly agreed that this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant
agency will meet the requirements as set forth herein, including accompanying schedules A, B, B-1, C & D, which are incorporated herein and made a part of
this ant agreement. Authorization to proceed with this Highway Safety Pro'ect is re uested.
9a. Grant Director 9b. Authorizing Official of Agency Unit
Name: Harry Kubojiri Phone: Name: William Kenoi Phone:
Title: Police Chief Fax: Title: Mayor Fax:
Address: Address: -
E-Mail- E-Ma'
SEP zit SEP 2 5 7009
gnatu (Date) WILLav. ENOI MAO
To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT - PART II
Grant No: SC10-06 (02-H-01)
Pa 2e 2 To be completed b Highway Safety Office
10. Grantee: Hawai'i Police Department
13a. Federal Fiscal Year: 2010
11. Standard Area: Speed Control
13b. Addendum: ?Yes ®No
12. Effective Date of Agreement:Oct 1, 2009 - Sep 30, 2010
14. Benefit of: ?State ®County
15. Action Taken 16. Funding Disposition & Status
Grant agreement approved for $36,112.00. Fiscal Year Amount
The amount was increased due to a miscalculation of
overtime. 2008 33,750.00
2009 36,000.00
2010 36,112.00
Total $105,862.00
Present Obligation $36,112.00
Previously Obligated $69,750.00
TOTAL FUNDS OBLIGATED $105,862.00
17. Budget Summary (From Schedule B - Detailed Budget Estimate - Fiscal Year Grant Period Endin :
Cost Category Cost Estimates
A. Personnel Costs 36,112.00
B. Travel Expenses 0.00
C. Contractual/Consultant Services 0.00
D. Equipment 0.00
E. Other Direct Costs 0.00
TOTAL FEDERAL FUNDS $ 36,112.00
18. Grant Approval & Authorization to Expend Obligated Funds
A. Approval Recommended By B. Agreement & Funding Authorized By
(Program Area Specialist) (Highway Safety Manager)
Name: Karen Kahikina Name: Lee Nagano
Title: Highway Safety Specialist Title: Highway Safety Manager
Phone/E-Mail•(808)587-2355/ P ne/E-Mail:(808)587-6301/lee.nagano@hawaii.gov
karen. g.kahikina@hawaii.gov
CvGLL'`__
to/ 4"
(Signature) (Date) (Signature) (Date)
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
APPROVED AS TO FORM AND LEGALITY:
C rpora 'on Counsel(
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On SEP 2 5 .,2009 , before me personally appeared WILLIAM P.
KENOI, to me personally known, who, being by me duly sworn, did say that WILLIAM P.
KENOI is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii;
that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii;
that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by
authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County
Charter, County of Hawaii (2000), as amended; and said WILLIAM P. KENOI acknowledged
said instrument to be the free act and deed of said County of Hawaii.
LS.
Notary Public, State of Hawaii
Printed Name: NADINE H. POMROY
My commission expires: 07112/2013
NOTARY CERTIFICATION STATEMENT
Document Identification or Description:
Doc. Date: 1n,2 'C)for ? Undated at time of
notarizatio
No. of Pages: Jurisdiction: Circuit
u, SEEP 2 5 2009
Signature of Notary Date of Notarization and
Certification Statement
NADINE H. POMROY
Printed Name of Notary
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT - PART III
Grant No: SC10-06 (02-H-01)
Page 3 (To be completed by Highway Safety Office)
19. Addendum (For Highway Safety Office Use Only)
SCHEDULE A
HPD AGGRESSIVE DRIVING PROGRAM
Contact Person: Kelm Ka'aumoana-Matsumoto Phone: (808)961-2305
E-mail Address: kkaaumoana@co.hawaii.hi.us
Name of Agency/Organization: Hawai' i Police Department
Address: 349 Kapi'olani St
City: Hilo HI. Zip Code: 96720
PROBLEM IDENTIFICATION
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 in motor vehicle crashes. The National Highway
Traffic Safety Administration (NHTSA) lists speeding as the third leading contributing factor in
traffic fatalities. In 2007, speed was a contributing factor in 31 percent of traffic fatalities
nationally and is estimated to cost $40.4 billion each year.
• 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 2008 data shows that 50 of 157 or 31.8% of the traffic fatalities were speed
related. This is one of the highest involvement factors. Hawai' i County shows the second
highest speeding related traffic fatalities at 48.3% in the State; this is higher then the national
average of 31 percent. See Table I for 2008 speed related fatalities by county.
Table I
2008 Speed Related Fatalities
by County
Hawai7 i Honolulu Kauai Maui Total
Not 15 23 3 16 57
-Speeding
Speeding 14 20 8 8 50
Total 29 43 11 24 157
Percent 48.3% 46.5% 72.7% 33.3% 31.8%
Speeding_
• The 2008 speeding involved fatality rate for Hawai' i County was 48.3%. This is higher than
the overall state data which is at 31.8%. Hawaii County has shown an improvement from
2007, when we were at 63.2% speed involved fatalities. The Big Island's strong speeding
enforcement program over the past few years has shown that it is necessary to keep the
speeding involved fatalities down. Please see Table II on speed enforcement statistics.
Table II
FFY 2008
Speed Enforcement Statistics
Honolulu Hawai' i Maui County Kaua'i Total
County County
Grant 2,308 1,056 2,087 741 6,192
Funded
County 57,386 11,500 N/A 1,383 70,269
Funded
Total 59,694 12,556 2,087** 2,124 76,461
**Maui county funded speeding citations were not available at this time.
It is clear that aggressive driving is a growing problem in the West Hawaii area. 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. This is supported by the
data that indicates that 9 of the 33 fatal crashes in 2006 occurred in these areas. In
2007, 10 of the 33 fatal crashes occurred in these areas. In 2008, 10 of the 25 fatal
crashes occurred in these areas.
SOLUTION
Consistant 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 Kau Police Districts. The Hawai' i Police Department will enforce speed,
illegal passing, cutting corners, and driving on the shoulders of the roadway laws, and conduct
enforcement targeting all other aggressive driving with the use of overtime funds from this grant.
Crash and fatal data will be used to identify problem areas.
STRATEGIES
1. Conduct 50 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.
2. Conduct 50 inconspicuous projects using Traffic Enforcement Unit's stealth police
vehicles in the above areas in conjunction with marked patrol vehicles, to focus on aggressive
driving behaviors and violations.
3. Issue 600 or more speeding and aggressive driving related citations with grant
funding.
4. Issue 600 or more citations for other violations with grant funding.
5. Conduct a media campaign relative to aggressive driving and the enforcement efforts
of the department.
EVALUATION
The goal of this project is to reduce fatal crashes on Queen Ka'ahumanu Highway, Hawai' i Belt Road
Route 190 and Route 11 in the Kona, South Kohala and Ka'u Districts by 10% from 10 in 2008 to 9 in
FFY 2010. HPD will also increase the amount of aggressive driving citations in these areas and
properly record the number of citations given for future reference.
SCHEDULE B Exhibit III
Page 1
Detailed Budget Estimate
Grant No: SC10-06 (02-H-01)
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: SC10-06 (02-H-01)
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: SC10-06 (02-H-01)
COST CATEGORY COST ESTIMATES
D. Equipment
Category Sub-Total
E. Other Direct Costs
Category Sub-Total
GRANT TOTAL $361112
SCHEDULE B-1 Exhibit III
Grant No: SC10-06 (02-H-01)
BUDGET NARRATIVE PAGE #
Personnel Costs
Hawaii 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 1 supervisor
and two 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. We also need to note that the officers are
scheduled to receive a 6% pay raise on July 1, 2010 which will add another variable to the cost factor for
these checkpoints. Hourly rates do not include fringe benefits.
Travel Expenses
Contractual/Consultant Services
Equipment
Other Direct Costs
SCHEDULE C Exhibit IV
Grant No:SC10-06 (02-H-01)
MILESTONES PAGE #
Month Activity
October 2009-December 2009 Conduct checkpoints and roving patrol projects in the
stated problem areas with emphasis on holiday periods
and school vacations.
January 2010-May 2010 Conduct checkpoints and roving patrol projects in the
stated problem areas with emphasis on holiday periods
and school vacations.
June 2010-September 2010 Conduct checkpoints and patrol projects during
summer months when students are on vacation and
tourists' numbers increase. Focus of the projects will
be where traffic is most congested
EXHIBIT V
SCHEDULED
SCHEDULE D Exhibit V
AGREEMENT OF UNDERSTANDING & COMPLIANCE
Grant No: SC10-06 (02-H-01)
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
proj ects.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND
VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. 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.
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 ros ective lower tier agrees by submitting proposed
P P participant Y g this proposal that should the 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.
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. I 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 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.
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 11 (2) of this application.