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HomeMy WebLinkAboutCOM 0081.020 2014-2016 of.....t,,, Harry S.Kubojiri William P.Kenoi 41,rr;,•' ''. Police Chief Mayor , iti -Tipp • '''E o• %4;"841:-.- Paul '84 ' Paul K.Ferreira Deputy Police Chief County of Hawai POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 c7 i — DATE: August 23, 2016 TO: DRU MAMO KANUHA, COUNCIL CHAIR AND '' COUNCIL MEMBERS VIA: OSHfis ONTROLLER FROM: '"H RRY S. KUBOJIRI, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: HCPD Roadblock Program Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): Amount of Grant: $196,573.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.15:3303.42 Grant Period (Commencement & Completion): October 1, 2016 to September 30, 2017 Purpose of Grant: In an effort to reduce the number of impaired driving related fatalities, increase the number of DUI arrest at sobriety checkpoints. Is final report required by grantor? x Yes I I No Notification attached: x Yes I I No, because Comm. No. 21 • Ref. To: Ref. Date SEP 0 2 216 Form NGAI "Hawai'i County is an Equal Opportunity Provider and Employer' EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: 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 Department Month—Day—Year 349 Kapi`olani St. Hilo, Hawai'i 96720 A. Grant Period From: 10-01-2016 To: 09-30-2017 3. Agency Unit to Handle Grant(Name and Address) Hawai'i Police Department B. Project Period 349 Kapi`olani St. From: 10-01-2016 Hilo, Hawai'i 96720 To: 09-30-2017 5. Location of Project 6a. Type of Application Hawai'i Police Department (Check Appropriate Item) 349 Kapi`olani St. ®Initial ❑Revision ❑Continuation Hilo, Hawai'i' 96720 6b. Reimbursement Schedule Desired EMonthly ®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.) HPD will make 1,300 or more DUI arrests during Federal Fiscal Year(FFY)2017. HPD will make 60 or more DUI arrests at grant-funded DUI checkpoints, and 30 or more at county-funded checkpoints in FFY 2017. Additionally, perform 25 DRE Evaluations. 8. Federal funds allocated under this agreement shall not exceed $196,573.00 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 grant agreement. Authorization to proceed with this Highway Safety Project is requested. 9a. Grant Director 9b. Authorizing Official of Agency Unit Name: Harry S. Kubojiri Phone: Name: William P. Kenoi Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-Mail: E-Mail: '• AUG 2 4 2016 (Signature) (Date) (Signature) (Date) To be prepared by applicant, use separate sheets as re•uired. Form HS 3-71 Rev. 8/6/09 Signature Attachment: Grant Title: HCPD Roadblock Program Grantor: State Department of Transportation Motor Vehicle Safety Office Grant Period: 10/1/2016-9/30/2017 Amount of Grant: $196,573.00 Fiscal Year: 2016-2017 APPROVED AS TO FORM AND LEGALITY: Corporation Counsel County of Hawaii Date: I STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART II Grant No: Page 2 (To be completed by Highway Safety Office) 10. Grantee: 11. Standard Area: 13a. Federal Fiscal Year 12. Effective Date of Agreement: - 13b. Addendum: ['Yes ['No 14. Benefit of: ❑State County 15. Action Taken 16.Funding Disposition & Status Fiscal Year Amount Total $ Present Obligation $ Previously Obligated $ TOTAL FUNDS OBLIGATED $ 17. Budget Summary(From Schedule B—Detailed Budget Estimate)—Fiscal Year Grant Period Ending: Cost Category Cost Estimates A. Personnel Costs B. Travel Expenses C. Contractual/Consultant Services D. Equipment E. Other Direct Costs TOTAL FEDERAL FUNDS $ 18. Grant Approval &Authorization to Expend Obligated Funds A. Approval Recommended By B. Agreement& Funding Authorized By (Program Area Specialist) (Highway Safety Manager) Name: Name: Title: Title: Phone/E-Mail: Phone/E-Mail: (Signature) (Date) (Signature) (Date) a STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART IH Grant No: Page 3 (To be completed by Highway Safety Office) 19. Addendum (For Highway Safety Office Use Only) EXHIBIT II SCHEDULE A SCHEDULE A HPD ROADBLOCK PROBLEM STATEMENT Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropriate data relevant to the problem. Collision/fatalities data appropriate to the identified problem and a brief analysis of the data is required. When available, three years of data should be presented and analyzed. When identifying the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. Drivers are considered to be alcohol-impaired when their blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Thus, any crash involving a driver with a BAC of .08 or higher is considered to be an alcohol-impaired-driving crash, and fatalities occurring in those crashes are considered to be alcohol-impaired-driving fatalities. The term "driver" refers to the operator of any motor vehicle, including a motorcycle 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. In 2015 (most up to-date study), 9,967 people were killed in alcohol-impaired-driving crashes. These alcohol-impaired-driving fatalities accounted for 31 percent of the total motor vehicle traffic fatalities in the United States. Alcohol-impaired-driving continues to be a problem in Hawai.i County. From 2009 to 2015, Hawaii County has experienced 164 traffic fatalities, and 74 or 45.1% were alcohol-impaired- related. Hawai'i County is over represented in both traffic fatalities and alcohol-impaired- related traffic fatalities. See Table I: TABLE I 2009-2015 Hawai'i County Persons Killed/Alcohol-Impaired-Related Persons Killed Alcohol-Related Percent Alcohol Impaired-Involved 2009 22 13 59.1% 2010 27 13 48.1% 2011 22 15 68.2% 2012 38 16 42.1% 2013 25 8 32.0% 2014 11 3 27.2% 2015 19 6 31.5% Total 164 74 45.1% Additionally, Hawaii County has a problem with fatalities involving intoxicated drivers under the influence of alcohol and/or drugs. Alcohol and/or drug related fatalities are considered when drivers have a blood test result with a combination of any amount of alcohol and/or drugs that cause impairment. See Table II: TABLE II 2009-2015 Hawai'i County Persons Killed/Alcohol and/or Drug Impaired-Related Persons Killed Alcohol and Drugs Drugs Only 2009 22 6 11 2010 27 10 15 2011 22 7 12 2012 38 12 25 2013 25 6 12 2014 11 3 6 2015 19 5 10 Total 164 49 91 There are many solutions to impaired driving described above, but the Hawaii Police Department (HPD) believes that enforcement is the strongest deterrent to impaired driving. HPD will use sobriety checkpoints every week, or 52 weeks during the grant period in locations that show the greatest possibility of arresting intoxicated drivers. HPD will also participate by increasing enforcement during all national mobilization periods, as well as special holiday periods locally. GRANT GOALS Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant and represent an end result. Grant goals should be stated in measurable terms (i.e., a percent reduction), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by"date). Please notate baseline from which the reduction/increase will result. HPD will make 1,300 or more DUI arrests during Federal Fiscal Year (FFY) 2017. HPD will make 60 or more DUI arrests at grant-funded DUI checkpoints, and 30 or more at county-funded checkpoints in FFY 2017. Additionally, perform 25 DRE Evaluations. GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g., develop permanent fitting stations for child restraints, enforcement activities, educational activities, etc.). Grant objectives should be stated in measurable terms (i.e., a percent reduction, number of training to be held, number of roadblocks, etc.), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by"date). Please notate baseline from which the reduction/increase will result. In addition, HPD will: 1. Establish at least 120 impaired driving roadblocks with grant funds. 2. Establish at least 60 or more roadblocks with county funds. 3. Conduct impaired driving roadblocks on all major holidays and impaired driving enforcement periods. 4. Obtain 30 or more arrests for other violations at grant-funded roadblocks. 5. Obtain 30 or more arrests at county-funded roadblocks. 6. Perform 25 or more DRE evaluations by certified DRE's. 7. Issue 250 or more regulatory and moving citations for violations at grant-funded roadblocks. 8. Issue 250 or more regulatory and moving citations at county-funded roadblocks. 9. Screen at least 20,000 or more vehicles while at impaired driving roadblocks. 10. Send two (2) representatives to attend the National Lifesavers Conference. 11. Send two (2) representatives to attend the Drug Recognition Expert (DRE) Conference. 12. Send three (3) HPD representatives to the Quarterly Statewide Traffic Commanders Meetings on Oahu. 13. Send three (3) representatives to the Governor's Impaired Driving Task Force Meetings on Oahu. 14. Use Public Service Announcements Quarterly to provide education and deter impaired driving. 15. Conduct one (1) earned media event every quarter. 16. Send four (4) HPD officers to DRE School on Oahu. 17. Send two (2) HPD officers to DRE Instructor School on Oahu. 18. Send four (4) officers to DRE Certificate Nights on Oahu. 19. Host a CMI I8000 Basic Maintenance, Repair and Instructor Course in Kailua-Kona, Hawaii 20. Send 25 officers to DRE Recertification on Oahu. 21. Purchase 20 ALCOPRO Brand Alco-Sensor FST Portable Breath Test Units for patrol district to assist with impaired driving arrests. 22. Purchase 10 LED Roadside Turbo Flare Kits for patrol and traffic officer safety on DUI Checkpoints. 23. Purchase 6 Fujitsu ScanSnap iX500 scanners for HPD clerical staff to scan DUI reports to ADLRO 24. Purchase 100 Quickscreen - 12 Panel CLIA-Waived Urine Drug Testing Cups for DRE officers to perform training evaluations. METHOD OF EVALUATION Using data gathered throughout the grant period, the grant manager will evaluate (1) how well the stated grant goals and objectives were accomplished, and(2) was the grant cost effective? How are you going to show effectiveness of your project? What will be the impact of the project on your identified problem and goal(s)? Provide details on the method of evaluation. HPD will properly document the total number of DUI arrests and DUI arrests at checkpoints. Additionally, properly document the total number of DRE Evaluations conducted in FFY 2017. Evaluate if HPD has obtained the grant goal and objectives listed above. EXHIBIT III SCHEDULE B SCHEDULE B Page 1 Detailed Budget Estimate Grant No: 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--$55.00/per hour $55 x 3 hours x 120 checkpoints $19,800.00 3 Officers--$50/hour each Officer $50 x 3 hours x 3 officers x 120 checkpoints $54,000.00 Fringe Benefit Rate: 22.00% % $16,236.00 Time to be spent on project: 360 hours Category Sub-Total $90,036.00 B. Travel Expenses In-State Event/Conference: Quarterly Statewide Traffic Commanders Number of Travelers: three (3) Air Travel: To: Honolulu(3 off x 4 trips x $225) From: Hilo/Kailua-Kona $2,700.00 Surface Travel: 1 car x $90.00 x 8 days $720.00 SCHEDULE B Page 2 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Shuttle/Taxi Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ _per mile) SCHEDULE B Page 3 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Excess Lodging: 4 nights x 135 x 3 officers $1,620.00 Hotel Parking: 1 vehicle x 4 trips x $30 cost $120.00 Per Diem: $90.00 x 2 days x 3 off x 4 trips $2,160.00 Airport Parking: $24 x 3 off x 4 trips $288.00 Baggage Fee: 1 checked bag @ $25/bag x 3 off x 8 (roundtrip) $600.00 Event/Conference: Impaired Driving Tasking Force Meeting Number of Travelers: three (3) Air Travel: To: Honolulu(3 Reps x 4 trips x $225) From: Hilo/Kailua-Kona $2,700.00 Per Diem: $20 x 3 Reps x 4 trips $240.00 Airport Parking: $12 x 3 Reps x 4 trips $144.00 Out-of-State: Event/Conference: Lifesavers Conference Number of Travelers: two (2) Air Travel: To: Charlotte,North Carolina $4,000.00 From: Hilo/Kailua-Kona Surface Travel: Shuttle/Taxi $150.00 Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) Excess Lodging: Lodging: 5 nights @ $235 per night x 2 representatives $2,350.00 SCHEDULE B Page 4 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Per Diem: 6 days @ $145 per day x 2 Reps $1,740.00 Baggage Fee: 1 checked bag@$30/bagx2 representatives x 2 RT $120.00 Tuition, Course, Registration and Miscellaneous Fees: Individual cost: $500 x No. of attendees: 2 $1,000.00 Category Sub-Total $20,652.00 SCHEDULE B Page 5 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES C. Contractual/Consultant Services Basic Maintenance, Repair and Instructor Course for CMI 18000 $14,000.00 (Includes classroom rental, travel and living expenses for CMI instructors. Also shipping of instruments, supplies, and training materials for class) Category Sub-Total $14,000.00 D. Equipment (20) AlcoPro FST Portable Breath Test units $12,000.00 (10) LED Roadside Turbo Flare Kits $2,500.00 (6) Fujitsu ScanSnap iX500 Scanners $3,000.00 Category Sub-Total $17,500.00 E. Other Direct Costs Category Sub-Total $0.00 GRANT TOTAL $142,188.00 SCHEDULE B Page 1 Detailed Budget Estimate Grant No: 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): Fringe Benefit Rate: % Time to be spent on project: hours Category Sub-Total $0.00 B. Travel Expenses In-State Event/Conference: DRE Instructor School Number of Travelers: two (2) Air Travel: To: Honolulu(2 off. x 3 trips x $225) From: Hilo/Kailua-Kona $1,350.00 Surface Travel: 1 car x $90.00 x 11 days $990.00 SCHEDULE B Page 2 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Shuttle/Taxi Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ _per mile) SCHEDULE B Page 3 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Excess Lodging: 10 nights x 135 x 2 officer $2,700.00 Hotel Parking: 1 vehicle x 11 days x $30 cost $330.00 Per Diem: $90 x 2 off x 11 days $1,980.00 Baggage Fee: 1 checked bag @ $25/bag x 2 off. x 6 (roundtrip) $300.00 Event/Conference: DRE School Number of Travelers: four (4) Air Travel: To: Honolulu(4 Reps x 2 trips x $225) $1,800.00 From: Hilo/Kailua-Kona Surface Travel: 1 car x $90.00 x 10 days $900.00 Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) Excess Lodging: 10 nights x 135 x 4 officers $5,400.00 Hotel Parking on Oahu: 1 vehicle x 10 days x $30 $300.00 Per Diem: $90 x 4 off x 12 days $4,320.00 Baggage Fee: 1 checked bag @ $25/bag x 4 off. x 4 (roundtrip) $400.00 Event/Conference: DRE Certification Nights Number of Travelers: four(4) Air Travel: To: Honolulu(4 off. x $225) $900.00 From: Hilo/Kailua-Kona Surface Travel: 1 car x $90.00 x 6 days $540.00 Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) SCHEDULE B Page 4 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Excess Lodging: 5 nights x $135 x 4 officers $2,700.00 Hotel Parking on Oahu: 1 vehicle x 6 days x $30 $180.00 Per Diem: $90 x 4 off x 6 days $2,160.00 Baggage Fee: 1 checked bag @ $25/bag x 4 off. x 2 (roundtrip) $200.00 Event/Conference: DRE Recertification Training Number of Travelers: 25 Air Travel: To: Honolulu(25 off. x 1 trip x $225) $5,625.00 From: Hilo/Kailua-Kona Surface Travel: 5 cars x $115.00 x 2 days $1,150.00 Car Rental (daily rate, #of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) Excess Lodging: 1 night x $135 x 25 officers $3,375.00 Hotel Parking on Oahu: 5 vehicles x $30 fee $150.00 Per Diem: $90 x 25 off x 2 day $4,500.00 Baggage Fee: 1 checked bag @ $25/bag x 25 off. x 2 (roundtrip) $1,250.00 Airport Parking: Hilo/Kailua-Kona- 25 officers X $25 $625.00 Out-of-State: Event/Conference: DRE Conference Number of Travelers: two (2) Air Travel: SCHEDULE B Page 5 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES To: TBA $4,000.00 From: Hilo/Kailua-Kona Surface Travel: Shuttle/Taxi $150.00 Car Rental (daily rate, # of days, fuel,taxes, etc.) Private Car: ( miles @ per mile) Excess Lodging: Lodging: 5 nights @ $250 per night x 2 representatives $2,500.00 Per Diem: 6 days @ $145 per day x 2 Reps $1,740.00 Baggage Fee: 1 checked bag@$30/bagx2 representatives x 2 RT $120.00 Tuition, Course, Registration and Miscellaneous Fees: Individual cost: $500 x No. of attendees: _2_ $1,000.00 Category Sub-Total $53,635.00 SCHEDULE B Page 6 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES C. Contractual/Consultant Services Category Sub-Total $0.00 D. Equipment (100) 12-Panel Urine Drug Testing Cups $750.00 Category Sub-Total $750.00 E. Other Direct Costs Category Sub-Total $0.00 GRANT TOTAL $54,385.00 SCHEDULE B-1 Exhibit III BUDGET NARRATIVE PAGE # 1 of 1 Personnel Costs Hawai'i Police Department will conduct 120 Sobriety Checkpoints throughout the grant period and on all major holidays. These activities will be conducted on an overtime basis. Each checkpoint will be staffed with one (1) supervisor and three (3) officers. Costs are estimated based on an average overtime hourly rate of$55 per hour for supervisors and $50 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. Hourly rates do not include fringe benefits. Travel Expenses Travel funds will be used for: Lifesavers Conference in Charlotte, NC, Drug Recognition Expert(DRE) Conference (location TBA), Quarterly Statewide Traffic Commanders Meeting, DRE School, DRE Instructor School, DRE Certification Nights, Impaired Driving Task Force meeting, and DRE Re-Certification Training. HPD will send two (2)representatives to the Lifesavers Conference in Charlotte,NC. Shuttle or taxi will be utilized. HPD will send two (2) officers to the DRE Conference (location TBA). Shuttle or taxi will be utilized. HPD will send three (3) officers to the Quarterly Statewide Traffic Commanders Meetings on Oahu, 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 8 days. HPD will send four(4) officers to the DRE School, location and dates TBA. HPD will send 2 officers to Oahu for the DRE Instructor School, location and dates TBA. HPD will send four (4) officers to the DRE Certification Nights, location and dates TBA. HPD will send 25 officers to DRE Recertification, location and dates TBA. A rental vehicle will be needed for all DRE training as the hotel is not a site for these training classes. HPD will send a representative to the Impaired Driving Task Force meetings on Oahu. Shuttle is provided. Contractual/Consultant Services Host a CMI I8000 Basic Maintenance, Repair and Instructor Course in Kailua-Kona, Hawaii Equipment Purchase (20) AlcoPro FST Portable Breath Test units Purchase(10) LED Roadside Turbo Flare Kits SCHEDULE B-1 Exhibit III BUDGET NARRATIVE PAGE # 1 of 1 Purchase (6) Fujitsu ScanSnap iX500 Scanners Purchase (100) 12-Panel Urine Drug Testing Cups Other Direct Costs EXHIBIT IV SCHEDULE C SCHEDULE C Exhibit IV Grant No: MILESTONES PAGE#1 of 1 Month Activity October 2016-September 2017 Coordinate DRE Training for students and instructors, DRE Certification Nights and DRE Recertification Training. Purchase Equipment. October 2016-December 2016 Conduct grant and county-funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays and National Campaign periods. Attend Statewide Traffic Commanders Meeting. Attend Impaired Driving Task Force Meetings. Participate in NHTSA's "Drive Sober or Get Pulled Over" Impaired Driving campaign. January 2017-March 2017 Conduct grant and county-funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays and National Campaign periods. Attend Statewide Traffic Commanders Meeting. Attend Impaired Driving Task Force Meetings. April 2017-June 2017 Conduct grant and county-funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays and National Campaign periods. Attend Statewide Traffic Commanders Meeting. Attend the Lifesavers Conference in Charlotte, NC. Attend Impaired Driving Task Force Meetings. July 2017-September 2017 Conduct grant and county-funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays and National Campaign periods. Attend Statewide Traffic Commanders Meeting. Attend the DRE Conference location TBA. Attend Impaired Driving Task Force Meetings. Participate in NHTSA's "Drive Sober or Get Pulled Over" Impaired Driving campaign. Quarterly Conduct at least one earned media event and submit resulting media coverage to the Highway Safety Office. MILESTONES PAGE#1 of 1 EXHIBIT V SCHEDULE D SCHEDULE D Exhibit V AGREEMENT OF UNDERSTANDING & COMPLIANCE Grant No: 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 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.