HomeMy WebLinkAboutCOM 0041.020 2008-2010 4 ; M tV OF ••
William P. Kenoi ;.��.'a':`,�I /;I Harry S. Kubojiri
Mayor -'l_ - Police Chief
• ni • eA' Mt
Paul K. Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720 -3998
February 1, 2010 (808) 935-3311 • Fax (808) 961 -8865
TO : J YOSHIMOTO, COUNCIL CHAIR AND COUNCIL MEMBERS
O
r—'
O
VIA : K'Y OSHIRO, CSNTROLLER 0
�� oc J Co
FROM : l e1�Ck, S. p' l, POLICE CHIEF .'� -.'
co
,
•
SUBJECT : NOTIFICATION OF GRANT AWARD ` " }
Compliance with Ordinance No. 09 -64, Section 7(1) T 1
b
Name of Grant Program: Roadblock Program
Federal or State Grantor: State Department of Transportation Public
Affairs Office -Safe Community Program
County Grantee Department/Agency: County Police Department
Grant No.: AL10- 02(01 -H -02)
Amount of Grant: $95,340.00
Amount of County Match: None
County Revenue & Expenditures Acct #: 010.201.5216.15; 3303.42
Grant Period: October 1, 2009 - September 30, 2010
Purpose of Grant: To reduce the number of alcohol related
fatalities and injuries, increase public
awareness, and provide a constant
deterrence against drunk driving.
Is final report required by grantor? yes
Notification Attached: yes
Comm. No. 4 t • 2
Ref. To:
Ref. Bate FFR 19 291a
"Hawaii County is an Equal Opportunity Provider and Employer"
STAY E OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT
Grant No: AL10 - 02 (01 - H - 02)
Page 1 (To be completed by applicant agency)
1. Grant Title
Hawai'i Police Department Roadblock Program •
2. Name and Address of Applicant Agency 4. Duration
Hawai i Police Depat ttnent Month - Day - Year
349 Kapi'olani St.
Hilo, Hawaii 96720 A. Grant Period
From: 10 -01 -2009
To: 09 -30 -2010
3. Agency Unit to Handle Grant (Name and Address)
Hawai'i Police Department B. Project Period
349 Kapi'olani St. From: 10 -01 -2009
Hilo, Hawai'i 96720 To: 09 -30 -2010
5. Location of Project 6a. Type of Application
Hawaii Police Depai talent (Check Appropriate Item)
349 Kapi`olani St. ®Initial ❑Revision ❑Continuation
Hilo, Hawaii' 96720
6b. Reimbursement Schedule Desired
❑Monthly ®Quarterl
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 project objectives are to reduce the number of alcohol related fatatlities and injuries, increase public awareness, and
provide a constant deterrence against drunk driving.
8. Federal funds allocated under this agreement shall not exceed $95, 340.00
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, 8, B -1, C & D, which are incorporated herein and made a part of
this grant agreement. Authorization to proceed with this Highway Safety Project is requested.
9a. Grant Director 9b. Authorizing Official of Agency Unit
Name: Harry Kuboj iri Phone: Name: William Kenoi Phone:
Title: Police Chief Fax: Title: Mayor Fax:
Address: Address:
E -Mail:
SEP 2 3 2002 SEP252009
41eSi (Date) (Signature) (Date)
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: AL10 - 02 (01 - H - 02)
Page 2 (To be completed by Highway Safety Office)
10. Grantee: Hawaii County Police Department
11. Standard Area: Alcohol 13a. Federal Fiscal Year: 2010
12. Effective Date of Agreement:Oct 1, 2009 - Sep 30, 2010 13b. Addendum: ❑Yes No
14. Benefit of : ❑State County
15. Action Taken 16. Funding Disposition & Status
Grant agreement approved Fiscal Year Amount
2006 112,700.00
2007 79,500.00
2008 75,000.00
2009 93,000.00
2010 95,340.00
Total $455,540.00
Present Obligation $95,340.00
Previously Obligated $360,200.00
TOTAL FUNDS OBLIGATED $455,540.00
17. Budget Summary (From Schedule B — Detailed Budget Estimate) — Fiscal Year Grant Period Ending:
Cost Category Cost Estimates
A. Personnel Costs 71,736.00
B. Travel Expenses 21,090.00
C. Contractual /Consultant Services 0.00
D. Equipment
0.00
E. Other Direct Costs
2,514.00
TOTAL FEDERAL FUNDS $ 95,340.00
18. Grant Approval & Authorization to Expend Obligated Funds
A. Approval Recommended By B. Agreement & Funding Authorized By
(Program Area Specialist) (Highway Safety Manager)
Name: Lianne Yamamoto Name: Lee Nagano
Title: Highway Safety Specialist Title: Highway Safety Manager
Phone/E -Mail: (808) 587 -6315/ Phone/E -Mail: (808)587-630 Ulee.nagano @hawaii.gov
lianne.yamamoto@hawaii.gov
L 7 4a ( (61 It. 11
(Signatu4 (Date) (Signatu
(Date)
C
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 swom, did say that WILLIAM P.
KENOI is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawai`i;
that the seal affixed to the foregoing instrument is the corporate seal of said County of 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 Hawai`i.
L, S .
Notary Public, State of Hawai
Printed Name: NADINE H. POMROY
My commission expires: 07/12/2013
NOTARY CERTIFICATION STATEMENT
Document I ntification or Description: qt n-/- Aiy-cn-LAf ii'u Petit, /
Doc. Date p4in�- c /� C l or ❑ Undated at time of 7
notarizati n. U
I
C Q No. of Pages: !, Jurisdiction: At - Circuit
a, - -W CIL,v SEP 2 5 2009
Signature of Notary Date of Notarization and
Certification Statement
NADINE H. POMROY
Printed Name of Notary
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
APPROVED AS TO FORM AND LEGALITY:
alis Ate
C..oratio Counsel
•
•
EXHIBIT II
SCHEDULE A
SCHEDULE A
HPD ROADBLOCK PROGRAM
PROBLEM IDENTIFICATION
Impaired driving has perhaps the highest profile among all traffic safety issues. Alcohol
countermeasure programs have been vigorously pursued for decades with aggressive campaigns in
both the public and private sectors. Despite these efforts, impaired driving remains a highly difficult
issue. Nationally, there were 41,059 traffic deaths in 2007, 12,998 (35 %) of those were killed in
crashes where at least one driver or non - occupant had a BAC of .08g /dL or higher. Nationally,
NHTSA estimates that alcohol was involved in 41 percent of fatal crashes and in 9 percent of all
crashes in 2006.
Impaired driving continues to be a problem in Hawai' i. Over the past five years from 2003 to 2007,
there were 714 traffic fatalities of which 360 or 50.4% were alcohol - involved. In 2007, of the 138
traffic fatalities 69 or 48% were alcohol - involved. See Table I below:
TABLE I
Hawai i
Summary of Traffic Fatalities 2003 -2007
Traffic Fatalities Alcohol - Involved Percent Alcohol -
Fatalities Involved
2003 133 71 53.4%
2004 142 64 45.1%
2005 - 140 72 51.4%
2006 161 84 52.2%
2007 138 69 48%
Total 714 360 50.4%
In 2007, Table II shows the number of people killed by County and those that were alcohol - related
TABLE II
2007
Persons Killed by County/Alcohol - Involved
Persons killed Alcohol - Involved Percent Alcohol -
Involved
C &C Honolulu 67 27 40.2%
Hawai' i County 38 27 71.1%
Kaua'i County 9 6 66.6%
Maui County 24 10 41.6%
Total 138 70 50.7%
Hawaii County has one of the most severe alcohol - related crash problems in the State.
In 2007, 71.1% of the traffic fatalities on the Big Island were alcohol - involved. In the
past three years, the Big Island has experienced 117 traffic fatalities, and 79 or 67.5%
were alcohol - related. See Table III:
TABLE III
2005 -2007
Hawai ' i County
Persons Killed /Alcohol - Involved
Persons Killed Alcohol - Involved Percent Alcohol -
Involved
2005 40 24 60.0%
2006 39 28 71.8%
2007 38 27 71.1%
Total 117 79 67.5%
The Big Island is over represented in both traffic fatalities and alcohol - related traffic fatalities. In
2007, 38.5% of the State's alcohol - related traffic fatalities occurred on the Big Island, which is
disproportionate to its population base.
Another area of concern with impaired driving is the 20 year old and under group that presently by
law cannot drink alcohol yet statistically has shown up as a major problem.
The annual break down is as. follows:
2005: 176 total drivers were involved in fatal crashes of which, 20 or 11.4% were of the 15 — 20 age
group. Moreover, 3 out of 20 drivers were of the 15 — 20 age group and had a positive BAC
level. Those 3 had been drinking driver's, representing 15% of the total number of drivers
that had been drinking and involved in a fatal crash in 2005.
2006: 203 total drivers were involved in fatal crashes of which, 20 or 9.8% were of the 15 — 20 age
group. Moreover, 9 out of 20 drivers were of the 15 — 20 age group and had a positive BAC
level. Those 9 had been drinking driver's, representing 45% of the total number of drivers
that had been drinking and involved in a fatal crash in 2006.
2007: 171 total drivers were involved in fatal crashes of which, 19 or 11.1 % were of the 15 -20 age
group. Moreover, 5 out 19 drivers were of the 15 -20 age group and had a positive BAC level.
Those 5 had been drinking driver's, representing 26.3 % of the total number of drivers that
had been drinking and involved in a fatal crash in 2007.
SOLUTION
There are many solutions to the alcohol - related problem described above but the Hawai' i Police
Department (HPD) believes that enforcement is the strongest deterrent to drunk driving. HPD will
use sobriety checkpoints every week, or 52 weeks during the grant period in locations that show the
greatest possibility of arresting drunk drivers. HPD will also participate by increasing enforcement
during all national mobilization efforts as well as special holiday periods locally.
STRATEGIES
In addition to the above, the Hawai' i Police will:
1. Establish at least 100 impaired driving roadblocks with grant funds and 50
or more roadblocks with county funds, establishing roadblocks on all
major holidays.
2. Effect at least 80 or more arrests for impaired driving at grant funded roadblocks
and 35 or more arrests at county funded roadblocks.
3. Effect 25 or more arrests for other violations at grant funded roadblocks and
25 or more arrests at county funded roadblocks.
4. Issue 200 or more regulatory and moving citations for violations at grant funded
roadblocks and 150 or more regulatory and moving citations at county funded roadblocks.
5. Screen at least 20,169 vehicles or more while at impaired driving roadblocks.
6. Send (2) officers to attend National Lifesaver's Conference.
7. Send (1) officer to attend the Drug Recognition Expert (DRE) Conference.
8. Send (2) officers to Quarterly Statewide Traffic Commander's Meetings, and host one.
9. Use of Public Service Announcements Quarterly to provide education and deter impaired
driving.
10. Send two officers to attend a one week Intoxilyzer Supervisor Training session on
Oahu.
11. HPD will conduct one Intoxilyzer Supervisor Training Session.
12. Conduct an earned media event every quarter.
EVALUATION
The overall goal of the project is to reduce the number of alcohol related traffic fatalities by 5% from
26 in FFY 2008 to 25 by FFY 2010. In addition, HPD will also look at increasing the number of DUI
arrests at sobriety checkpoints by 5 %, from 51 to 54, and increasing the number of vehicles checked
by 5 %, from 19,209 to 20,169 vehicles.
SCHEDULE B Exhibit III
Page 1
Detailed Budget Estimate
Grant NoAL10 -02 (01 -H -02)
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 -- $52.00 /per hour
$52 x 3 hours x 100 checkpoints $15,600
3 Officers-- $48/hour each Officer
$48 x 3 hours x 3 officers x 100 checkpoints $43,200
Fringe Benefit Rate: 22.00% % $12,936.00
Time to be spent on project: 1,200 hours
• Category Sub -Total $71,736.00
B. Travel Expenses
In -State
Event/Conference: Intoxilyzer Supervisor Training Class
Air Travel:
To: Honolulu
From: Hilo $500
Surface Travel: 1 car x $75.00 x 6 $450
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 5 nights x 150 x 2 officers $1,500
SCHEDULE B Exhibit III
Page 2
Detailed Budget Estimate
Grant No: AL10 -02 (O1 -H -02)
COST CATEGORY COST ESTIMATES
Per Diem:
5.5 days @ $ 90 per day $990
Baggage Fee: 1 checked bag @ $25/bag x 2 off. x 2 (roundtrip) $100
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
In -State
Event /Conference: Quarterly Statewide Traffic Commanders
Air Travel:
To: Honolulu, Maui, Kauai(2 off. x 3 trips x $250) $1,500
From: Hilo
Surface Travel: 1 car x $75.00 x 6 x 3 trips $1,350
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 4 nights x 150 x 2 officers $1,200
Per Diem:
4 x 2 off days @ $90 per day $720
Baggage Fee: 1 checked bag @ $25/bag x 2 off. x 3 (roundtrip) $150
Event/Conference: Lifesavers conference
Air Travel:
To: Philidelphia,PA
From: Hilo, HI. $4,000
Lodging: 6 nights @ $175 per night x 2 representatives $2,100
Surface Travel: Taxi to /from airport $250
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Per Diem:
5 _ days @ $ 145 per day $1,450
Baggage Fee: 1 checked bag@$30/bagx2 representatives x 2 R/T $120
SCHEDULE B Exhibit III
Page 3
Detailed Budget Estimate
Grant No: AL10 -02 (01 -11-02)
COST CATEGORY COST ESTIMATES
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: $300 x No. of attendees: 2 $600
Event /Conference: DRE Conference
Air Travel:
To: Pittsburgh, PA.
From: Hilo, HI. $2,000
Lodging: 5 nights @ $175 per night x 1 representatives $875
Surface Travel: Taxi to /from airport $200
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Per Diem:
5 _ days @ $ 145 per day $725
Baggage Fee: 1 checked bag(a),$30/bag x 1 representatives x R/T $60
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: $250 x No. of attendees: 1 $250
Category Sub -Total $20,595
C. Contractual/Consultant Services
Category Sub -Total
SCHEDULE B Exhibit III
Page 4
Detailed Budget Estimate
Grant No: AL10 -02 (01 -H -02)
COST CATEGORY COST ESTIMATES
D. Equipment
Category Sub -Total
E. Other Direct Costs
Host Traffic Commanders Meeting $2,514
Category Sub -Total $2,514
GRANT TOTAL $95,340
•
SCHEDULE B -1 Exhibit HI
Grant No: AL10 -02 (01 -H -02)
BUDGET NARRATIVE PAGE #
Personnel Costs
Hawai'i PoliceDepartment will conduct 100 sobriety checkpoints throughout the grant period (1 checkpoint
per week, for 52 weeks, and on all major holidays. These activities will be conducted on an overtime basis.
Each checkpoint will be staffed with 1 supervisor and 3 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 undetermined 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 also add another variable to the cost factor for these checkpoints. Hourly rates do not
include fringe benefits.
Travel Expenses
Travel Funds will be used for staff travel expenses to attend the Intoxilyzer Supervisor Training Class on Oahu
Lifesavers Conference in Philidelphia, PA; Drug Recognition Expert (DRE) Conference in Pittsburgh, PA.;
Quarterly Statewide Traffic Commanders Meetings on Oahu, Maui, Kauai, and host one on Big Island.
HPD will send 2 representatives to the Lifesavers Conference in Philidelphia, PA (April 9-13, 2010).
HPD will send 1 representative to the DRE Conference in Pittsburgh, PA (July 21 -24, 2010).
HPD will send 2 representatives to the Quarterly Statewide Traffic Commanders Meetings on Oahu, Maui and
Kauai, which will be held at hotels that do not have shuttles, a rental car will be needed for the duration of the
meetings, total of 6 days.
HPD will send 2 officers to the Intoxilyzer Supervisor Training class on Oahu. The training will be held at
the Honolulu Police Department's training facility, which does not provide accommodations and is located far
from any hotels, a rental car will be needed for the duration of the training. (6 days).
Contractual/Consultant Services
Equipment
Other Direct Costs
HPD will host One of the Quarterly Statewide Traffic Commanders meetings on the Big Island which will 1
include the cost of the meeting room, food which includes the breakfeast, lunch, beverages and snacks served
during the course of the two meeting days.
•
EXHIBIT IV
SCHEDULE C
SCHEDULE C Exhibit IV
Grant No: AL10 -02 (01 41-02)
MILESTONES PAGE #
Month Activity
October 2009- September 2010 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 2009 Conduct grant and county funded impaired driving
roadblocks. Roadblocks to be scheduled during all
major holidays. Focus on high crash areas within all
districts. Attend Statewide Traffic Commanders
Meeting.
December 2009 - January 2010 Concentrated efforts during Christmas and New Years
Holidays, along with media coverage.
January 2010 -March 2010 Conduct grant and county funded impaired driving
roadblocks. Roadblocks to be scheduled during all.
major holidays. Attend Statewide Traffic
Commanders Meeting.
April 2010 June 2010 Conduct grant and county funded impaired driving
roadblocks. Roadblocks to be scheduled during all
major holidays. Attend Lifesavers Conference in
Philadelphia, PA.
June 2010 -July 2010 National Mobilization Campaign. Target youth and
underage drinking during summer months. Media
coverage. Attend DRE Conference in Pittsburgh, PA.
Host Statewide Traffic Commanders Meeting.
July 2010- September 2010 Conduct grant and county funded impaired driving
roadblocks. Roadblocks to be scheduled during the
Labor Day holiday. Attend Statewide Traffic
Commanders Meeting.
Quarterly Conduct at least one earned media event and submit
resulting media coverage to the Highway Safety Office.
EXHIBIT V
SCHEDULE D
SCHEDULE D Exhibit V
AGREEMENT OF UNDERSTANDING & COMPLIANCE
Grant No: AT 7 n -07 (01 -11-02)
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 fumishings and fixtures - for State, local or private buildings or
structures. The following are examples of items considered as furnishings or fixtures, for which
reimbursement is not eligible:
Desks Credenzas Storage Cabinets
Chairs Bookcases Portable Partitions
Tables Filing Cabinets Pictures, Wall Clocks
Shelving Floor Coverings Draperies
Coat Racks Office Planters Fixed Lighting/Lamps
C. It is further agreed and promised that where reimbursement is made to APPLICANT in installments, STATE
shall have the right to withhold any installments to make up reimbursement received for any ineligible or
unauthorized expenditures until such time as the ineligible claim is made up or corrected by APPLICANT.
II. Property Agreement
A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE if any
equipment purchased under this project ceases to be used in the manner as set forth by the project
agreement. In such event, APPLICANT further agrees to either give credit to the project cost or to
another active Highway Safety project for the residual value of such equipment in an amount to be
determined by the STATE, or to transfer or otherwise dispose of such equipment as directed by STATE.
B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project
will be conveyed, sold, salvaged, transferred, etc. without the express written approval of the STATE.
C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained for its
useful life, any equipment purchased under this project.
III. Application of Hatch Act
A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the APPLICANT,
whose principal employment is in connection with any Highway Safety project, financed in whole or in
part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12 (a) of the
Hatch Act [5 U.S.C. 118K (a)].
IV. Equal Opportunity
A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of the Federal -Aid
Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975, the APPLICANT, as a condition to receiving approval of this application
submitted under the Highway Safety Act of 1966, hereby gives its assurance that employment in
connection with the subject Highway Safety Program project will be provided without regard to race,
color, creed, sex, handicap, age, or national origin. The APPLICANT further agrees that, as a condition
to receiving approval of this application, it will be subject to, and will comply with, Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 (hereinafter referred to as the Act), and all
applicable requirements pursuant to the Regulations of the Department of Commerce (Title 15, Code of
Federal Regulations, Part 8, which have been adopted by the Department of Transportation, and
hereinafter referred to as the Regulations), to the end that, in accordance with the Act and the
Regulations, no person in the United States shall on the ground of race, color, creed, sex, handicap, age,
or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under the subject Highway Safety Program or project.
B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply with its
undertaking as set forth in these provisions, the STATE of the UNITED STATES DEPARTMENT OF
TRANSPORTATION may take any or all of these following actions.
(1) Cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with
respect to which the failure or refusal occurred; and
(2) Refrain from extending any further Federal financial assistance to the applicant agency under the
program with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the applicant agency.
V. Non - duplication of Grant Fund Expenditures
A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under
agreement with any other Federal fund source which duplicate or overlap any work contemplated or
described in this project.
B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any
pending or proposed request for other Federal grant funds which would duplicate or overlap work under
this project to exclude any such duplication of grant fund expenditures.
C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF
HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and
payment received as determined by State or Federal audit.
VI. Project Income and Applicable Credits
A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated
under the project, such as but not restricted to: The sale of real or personal property royalties received
from copyrights and patents, sale of publications or from personal or incidental services, to the project in
accordance with OMB Circular A -87 (FMC 74 -7) or A -21, as applicable and NHTSA/FHWA Order
460 - 4/7510.1.
VII. Copyrights and Patents
A. It is mutually agreed that any copyrightable materials produced in the course of a project may be the
property of the State or applicant agency; however, provisions should be made to obtain for the United
States Government, the State Governments and their political subdivisions a royalty -free nonexclusive,
and irrevocable license to use in any manner such copyrightable material.
B. It is mutually agreed that the ownership of all rights accruing from any patentable discoveries or
inventions resulting from a project should be covered in the agreement. An irrevocable, nonexclusive,
nontransferable, and royalty -free license to practice each discovery or invention in the manufacture, use
and disposition, according to law, of any article or material, and in the use of any method developed as
part of the work under the agreement should be obtained for the United States Government, the State
Governments and their political subdivisions.
VIII. Certification Regarding Debarment and Suspension
A. Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definition and
Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that is it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions. (See below.)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non - procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participants shall attach an explanation to this proposal.
X. Minority Business Enterprise Requirements
It is the policy of the Department of Transportation that minority business enterprises, as defined in 49
CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement. Consequently, the MBE
requirements of 49 CFR Part 23 apply to this agreement.
The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard, all
recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23
to ensure that minority business enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT - assisted contracts.
XI. Requirements
A. It is mutually agreed and promised that the applicant shall follow the State and Federal requirements
and guidelines set forth in the State of Hawaii Project Procedures Manual as amended. All project
expenditure records are to be retained for at least three years after the date of the final expenditure
report.
XII. Authorization to Proceed
A. It is mutually agreed between the STATE and the APPLICANT that this AGREEMENT OF
UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement
and authorization to proceed as set forth in PART II (2) of this application.