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HomeMy WebLinkAboutCOM 0017.000 2018-2020 Harry Kim �,+J of��'4 Paul K.Ferreira 414- i Police Chief Mayor g ,fir.`; • Kenneth Bugado Jr. Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • (Hilo,Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-8865 Q p DATE: September 12, 2018 `y' w c-. TO: VALERIE T. POINDEXTER, COUNCIL CHAIR ANDc COUNCIL MEMBERS >r7 VIA: KA .,,,,,,IONTROLLER -- FROM: PAUL K. FERREIRA, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Speed Enforcement Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): Amount of Grant: $112,674.00 Amount of County Match: none County Revenue &Expenditure Account Numbers: 010.201.5219.44:3302.03 Grant Period (Commencement& Completion): October 1, 2018 to September 30, 2019 Purpose of Grant: . To increase the number of speeding citations and launch an aggressive island wide speeding campaign. Is final report required by grantor? x Yes I No Notification attached: x Yes ❑No, because Comm. No. kl Ref.To: Ref. Date DEC 0 3 2018 "Hawai'i County is an Equal Opportunity Provider and Employer" Form NGAI I/05 • EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT • STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: SC19-06(O1-H-02) Page 1(To be completed by applicant agency) 1. Grant Title Hawaii Police Department Speed Enforcement Grant 2. Name and Address of Applicant Agency 4. Duration Hawaii Police Department Month—Day—Year 349 Kapi`olani St. Hilo,HI.96720 A. Grant Period From: 10/01/2018 To: 09/30/2019 3. Agency Unit to Handle Grant(Name and Address) B. Project Period From: 10/01/2018 Hawaii Police Department To: 09/30/2019 349 Kapi`olani St. Hilo,Hawaii 96720 S. Location of Project 6a. Type of Application (Check Appropriate Item) Hawaii Police Department _X_Initial Revision Continuation 349 Kapi`olani St. Hilo,Hawaii 96720 6b. Reimbursement Schedule Desired Monthly _X 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.) 8. Federal funds allocated under this agreement shall not exceed $112,674.00 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: Paul K.Ferreira Phone: Name: Harry Kim Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-Mail: E-Mail: C cS)j2 SEP 13 2018 (Signature) (Date) (Signature) (Date) To be prepared by applicant,use separate sheets as required. Form HS 3-71 Rev. 8/6/09 r Signature Attachment: Grant Title: Hawaii Police Department Speed Enforcement Grantor: State Department of Transportation Motor Vehicle Safety Office Grant Period: 10/1/2018-9/30/2019 Amount of Grant: $112,674.00 Fiscal Year: 2018-2019 APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART II Grant No: SC19-06(01-H-02) Page 2(To be completed by Highway Safety Office) 10. Grantee:Hawaii Police Department 11. Standard Area: Speed Enforcement 13a. Federal Fiscal Year 2019 12. Effective Date of Agreement: Oct 1,2018—Sept 30,2019 13b. Addendum: _Yes _x No 14. Benefit of: _State _x_County 15. Action Taken 16.Funding Disposition&Status Grant agreement approved Fiscal Year Amount _2014 _$81,603.00 2015 _$76,168.00 12016 _$91,168.00 _2017 _$103,068.00 2018 _$173,901.60 _2019 _$112,674.00 Total $638,582.60 Present Obligation $112674.00 Previously Obligated $525,908.60 TOTAL FUNDS OBLIGATED $638,582.00 17. Budget Summary(From Schedule B—Detailed Budget Estimate)—Fiscal Year Grant Period Ending: Cost Category Cost Estimates A. Personnel Cost A. $69,174.00 B. Travel Expenses B. $0.00 C. Contractual/Consultant Services C. $1500.00 D. Equipment D. $42,000.00 E. Other Direct Costs E. $0.00 F. Indirect Costs F. $0.00 TOTAL FEDERAL FUNDS $112,674.00 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 Title: Highway Safety Manager Phone/E-Mail: karen.g.kahikina@hawaii.gov Phone/E-Mail: lee.nagano@hawaii.gov (Signature) (Date) (Signature) (Date) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART III Grant No: SC19-06(0141-02) Page 3(To be completed by Highway Safety Office) 19. Addendum(For Highway Safety Office Use Only) EXHIBIT II SC DULE A Schedule A HPD SPEED PROBLEM STATEMENT Idents 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, at least 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. Speeding is one of the most prevalent factors contributing to traffic crashes. The National Highway Traffic Safety Administration(NHTSA)estimates that the economic costs to society of speed-related crashes to be$40.4 billion per year. The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA)released a National Survey of Speeding Attitudes and Behavior(December 11,2013) in which nearly half of drivers surveyed say speeding is a problem on our nation's roads,and one in five drivers surveyed admitted, "I try to get where I am going as fast as I can." Speeding- related deaths nationwide account for nearly a third of all traffic fatalities each year,taking close to 10,000 lives 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) Hawai'i County has shown that continued speed enforcement can contribute to reducing the speed-related fatalities in Hawai'i County. Over a six year period,the speeding related fatalities have shown a decrease in Hawai'i County. See Table I Hawai'i Police Department(HPD) Issued Speeding Citations(2009-2017) and Table II Hawai'i County- Speed Involved Fatalities (2009-2017). In 2017 it was apparent that the discontinuation of the Aggressive Driver Grant was a factor that impacted the number of speed citations and speed related fatalities. Table I HPD Issued Speeding Citations(2009-2017) Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 County- 12,518 10,458 9,052 9,590 9,382 9,400 9,939 9,933 11,205 funded Speed Citations Speed 1,458 1,232 1,642 1,622 1,481 1,389 1,737 1,395 1,426 Grant Aggressive 1,329 1,116 1,589 1,136 897 1,029 1,062 792 Grant Driver Discontinued Grant Total 15,305 12,806 12,283 12,348 11,760 11,818 12,738 12,120 12,631 Table II Hawai'i County- Speed Related Fatalities(2009-2017) Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 Speed 16 12 7 10 8 3 2 7 18 Related Total 22 27 22 38 25 11 19 32 32 Fatalities Percentage 72.7% 44.4% 31.8% 26.3% 32.0% 27.3% 10.52% 21.87% 56.25% Speeding is the only fatality related category(Speeding,Impaired-Driving,Occupant Safety) Hawai'i County remained at a high number of fatalities,and needs to continue such enforcement efforts to continue reducing the speed related fatality. In Federal Fiscal Year(FFY)2017,HPD's funding under the Aggressive Driver Grant was cut, which related to over$36,000 in enforcement funds and$52,000 for equipment purchases. This funding cut limited the number of hours allocated to the speed enforcement assignments,which lead to less police presence on the roads in the community. In 2016 and 2017,Hawaii County showed a spike in fatalities,which also resulted in an increase in speed related fatalities. To provide a greater police presence and diminish the spike in speed related fatalities,HPD will increase the number of speed related special assignments with grant funds. In order to continue aggressive speed enforcement to target fatality prone locations and makeup for the loss of funding under the Aggressive Driver Grant, HPD is requesting additional funding for enforcement and equipment purchasing. 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 issue 1,600 or more speeding citations with grant funds in Federal Fiscal Year(FFY) 2019. 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). In addition,HPD will: 1. Conduct 130 or more checkpoints,specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. 2. Issue 650 or more citations for other violations with grant funding. 3. Effect 18 or more arrests during speeding projects for speeding,warrant violations, and other offenses. 4. Send violation letters with additional educational materials to registered vehicle owners relative to speeding violations. 5. Purchase 20 Stalker II radars for patrol units for more enforcement coverage. 6. Send 20 officers to Stalker II training presented by the manufacturer with Hawaii County. 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 record the number of grant-funded citations issued for speeding. Evaluate if HPD has obtained the grant goal and objectives listed above. DETAILED BUDGET ESTIMATE Itemize the cost breakdown needed to implement this proposal(Le.,personnel costs, travel for each event/conference, contractual/consultant services, equipment,project supplies, etc.). EXHIBIT A State of California—Office of Traffic Safety GRANT AGREEMENT Exhibit A CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C.CHAPTER 4 AND SEC.1906,PUB.L.109-59,AS AMENDED) Failure to comply with applicable Federal statutes,regulations,and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high-risk grantee status in accordance with 49 CFR§18.12. The officials named on the grant agreement,certify by way of signature on the grant agreement signature page,that the Grantee Agency complies with all applicable Federal statutes,regulations,and directives and State rules,guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.Applicable provisions include, but are not limited to,the following: • 23 U.S.C.Chapter 4—Highway Safety Act of 1966,as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part I300—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination("Federal Nondiscrimination Authorities").These include but are not limited to: • Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin)and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973,(23 U.S.C.324 et seq.),and Title IX of the Education Amendments of 1972, as amended(20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.794 et seq.),as amended,(prohibits discrimination on the basis of disability)and 49 CFR part 27; • The Age Discrimination Act of 1975,as amended,(42 U.S.C.6101 et seq.),(prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987,(Pub.L. 100-209),(broadens scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients,subrecipients and contractors,whether such programs or activities are Federally-funded or not); • Titles II and HI of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing)and 49 CFR parts 37and38; • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations(prevents discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);and • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency(guards against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP)by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs(70 FR 74087-74100). The State highway safety agency— • Will take all measures necessary to ensure that no person in the United States shall,on the grounds of race,color, national origin,disability,sex,age,limited English proficiency,or membership in any other class protected by Federal Nondiscrimination Authorities,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any of its programs or activities,so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients,contractors, subcontractors,and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply(and require its subrecipients,contractors,subcontractors,and consultants to comply)with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records,accounts, documents,information,facilities,and staff,and to cooperate and comply with any program or compliance reviews,and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • AcknowIedges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement,the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation,as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books,records,accounts,other sources of information,and its facilities as required by the State highway safety office,US DOT or NHTSA; d. That,in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement,the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate,including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies;and/or cancelling,terminating,or suspending a contract or funding agreement,in whole or in part;and e. To insert this clause,including paragraphs(a)through(e),in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement,that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508),which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; 3.The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers(including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 3 I,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.Such activities include both direct and indirect(e.g.,"grassroots")lobbying activities,with one exception.This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials,in accordance with customary State practice,even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification(States) I.By signing and submitting this proposal,the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, civil judgment,debarment,suspension,ineligible,participant, person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.The prospective primary 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 part 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8.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 is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants,each participant may,but is not required to,check the System for Award Management Exclusions website(https://www.sam.gov/). 9.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. 10.Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a Iower 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 may terminate the transaction for cause or default. Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Tier Covered Transactions (1)The prospective primary tier participant certifies to the best of its knowledge and belief,that it and its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or Local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and • (d)Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State,or local)terminated for cause or default. (2)Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1.By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 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, civil judgment,debarment,suspension,ineligible,participant, person,principal, and voluntarily excluded,as used in this clause,are defined in 2 CFR parts 180 and 1200. 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 CFRart 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily PP g � 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 it will include the clause titled "Instructions for Lower Tier Participant Certification"including the"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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any prospective lower tier participants,each participant may,but is not required to,check the System for Award Management Exclusions website(https://www.sam.gov/). 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 or debarment. 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 participating in covered transactions 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 participant shall attach an explanation to this proposal. BUY AMERICA ACT ' (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement(23 U.S.C.313)when purchasing items using Federal funds.Buy America requires a State,or subrecipient,to purchase with Federal funds only steel,iron and manufactured products produced in the United States,unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest,that such materials are not reasonably available and of a satisfactory quality,or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.In order to use Federal funds to purchase foreign produced items,the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519.4,subdivision(e),defines"racial profiling"as the"practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then,subdivision(f)of that section goes on to provide,"A law enforcement officer shall not engage in racial profiling." i • E ' • BIT II SCHEDULE A Schedule A HPD SPEED 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(anda brief analysis of the data is required When available, at least three years of data should be presented and analyzed. When identtfring the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. Speeding is one of the most prevalent factors contributing to traffic crashes. The National Highway Traffic Safety Administration(NHTSA)estimates that the economic costs to society of speed-related crashes to be$40.4 billion per year. The U.S.Department of Transportation's National Highway Traffic Safety Administration (NHTSA)released a National Survey of Speeding Attitudes and Behavior(December 11,2013) in which nearly half of drivers surveyed say speeding is a problem on our nation's roads, and one in five drivers surveyed admitted, "I try to get where I am going as fast as I can." Speeding- related deaths nationwide account for nearly a third of all traffic fatalities each year,taking close to 10,000 lives The perception of risk, i.e.,whether the driver perceives that he/she will be caught speeding,is a factor in how well aosted speed limit is followed. Excessive vehicle speed(speed above that P P P 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) Hawai'i County has shown that continued speed enforcement can contribute to reducing the speed-related fatalities in Hawai'i County. Over a six year period,the speeding related fatalities have shown a decrease in Hawai'i County. See Table I Hawai'i Police Department(HPD) Issued Speeding Citations(2009-2017)and Table II Hawai'i County- Speed Involved Fatalities (2009-2017). In 2017 it was apparent that the discontinuation of the Aggressive Driver Grant was a factor that impacted the number of speed citations and speed related fatalities. Table I HPD Issued Speeding Citations(2009-2017) Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 County- 12,518 10,458 9,052 9,590 9,382 9,400 9,939 9,933 11,205 funded Speed Citations t Speed 1,458 1,232 1,642 1,622 1,481 1,389 1,737 1,395 1,426 Grant Aggressive 1,329 1,116 1,589 1,136 897 1,029 1,062 792 Grant Driver Discontinued Grant Total 15,305 12,806 12,283 12,348 11,760 11,818 12,738 12,120 12,631 Table II Hawai'i County-Speed Related Fatalities(2009-2017) Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 Speed 16 12 7 10 8 3 2 7 18 Related Total 22 27 22 38 25 11 19 32 32 Fatalities Percentage 72.7% 44.4% 31.8% 26.3% 32.0% 27.3% 10.52% 21.87% 56.25% Speeding is the only fatality related category(Speeding,Impaired-Driving,Occupant Safety) Hawai'i County remained at a high number of fatalities,and needs to continue such enforcement efforts to continue reducing the speed related fatality. In Federal Fiscal Year(FFY)2017,HPD's funding under the Aggressive Driver Grant was cut, which related to over$36,000 in enforcement funds and$52,000 for equipment purchases. This funding cut limited the number of hours allocated to the speed enforcement assignments,which lead to less police presence on the roads in the community. In 2016 and 2017,Hawaii County showed a spike in fatalities,which also resulted in an increase in speed related fatalities. To provide a greater police presence and diminish the spike in speed related fatalities,HPD will increase the number of speed related special assignments with grant funds. In order to continue aggressive speed enforcement to target fatality prone locations and make up for the loss of funding under the Aggressive Driver Grant,HPD is requesting additional funding for enforcement and equipment purchasing. 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 issue 1,600 or more speeding citations with grant funds in Federal Fiscal Year(FFY) 2019. 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 (Le., 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). In addition,HPD will: 1. Conduct 126 or more checkpoints,specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. 2. Issue 650 or more citations for other violations with grant funding. 3. Effect 18 or more arrests during speeding projects for speeding,warrant violations, and other offenses. 4. Send violation letters with additional educational materials to registered vehicle owners relative to speeding violations. 5. Purchase 20 Stalker II radars for patrol units for more enforcement coverage. 6. Send 20 officers to Stalker II training presented by the manufacturer with Hawaii County. 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 record the number of grant-funded citations issued for speeding. Evaluate if HPD has obtained the grant goal and objectives listed above. DETAILED BUDGET ESTIMATE Itemize the cost breakdown needed to implement this proposal(i.e.,personnel costs, travel for each event/conference, contractual/consultant services, equipment,project supplies, etc.). EXHIBIT III SCHEDULE B Exhibit III Page 1 Detailed Budget Estimate Grant No: SC19-06 (01-11-02) COST CATEGORY COST ESTIMATES A. Personnel Costs Employee Salaries and Benefits Position Title(s)and Full-Time/Part-Time Yearly Salary: 1 Supervisor--$60/per hour $60 x 2 hours x 126 checkpoints $15,120.00 Fringe Benefit Rate: 22 % $3,326.40 Time to be spent on project: 252 hours Position Title(s)and Overtime Hourly Rate(s): 3 officers-$55/hour each officer $55 x 2 hours x 3 officers x 126 checkpoints $41,580.00 Fringe Benefit Rate: 22 % $9,147.60 Time to be spent on project: - 252 hours Category Sub-Total $69,174.00 B. Travel Expenses In-State (20)Twenty officers attend Stalker II Radar Training Event/Conference: Air Travel: To: From: Surface Travel: Car Rental(daily rate,#of days,fuel,taxes,etc.) Private Car: ( miles @ per mile) Per Diem: SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: SC19-06 (01-11-02) COST CATEGORY COST ESTIMATES Tuition,Course,Registration and Miscellaneous Fees: Individual cost: $75.00 x No. of attendees: 20 $1,500.00 Out-of-State Event/Conference: Air Travel: To: From: ° Private Car: ( miles @ per mile) Per Diem: days @$ per day Baggage Fee: Tuition,Course,Registration and Miscellaneous Fees: Individual cost: x No.of attendees: Category Sub-Total $1,500.00 C. Contractual/Consultant Services Category Sub-Total $0.00 SCHEDULE B Exhibit III Page 3 Detailed Budget Estimate Grant No: SC19-06(01-H-02) COST CATEGORY COST ESTIMATES D. Equipment (20) Stalker II Moving Radar units $42,000.00 Category Sub-Total $42,000.00 Category Sub-Total $0.00 GRANT TOTAL $112,674.00 SCHEDULE B-1 Exhibit III Grant No: SC19-06(01-11-02) • BUDGET NARRATIVE PAGE# 1 of 1 Personnel Costs Hawai'i Police Department will conduct 126 speed checkpoints throughout the grant period. These activities will be conducted on an overtime basis. The checkpoint will be staffed with one supervisor and three officers. Costs are estimated based on an average overtime hourly rate of$60.00 per hour for supervisors and$55 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. Hourly rates do not include fringe benefits. • Travel Expenses Contractual/Consultant Services Send(20)officers to the Stalker II Radar training presented within Hawaii County by the manufacturer. Equipment Purchase(20)Stalker II radar units to provide additional speed detection devices for patrol and traffic officers for daily enforcement. The department's patrol and traffic force consist of 242 officers. We have received through speed related grants approximately 85 radar units and 60 laser units over the past six years. Other Direct Costs EXHIBIT IV • SCHEDULE C SCHEDULE C Exhibit IV Grant No: MILESTONES PAGE#1 of 1 Month Activity October 2018-December 2018 Speed enforcement projects specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. January 2019-March 2019 Speed enforcement projects specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. Purchase radar and laser units April 2019-June 2019 Speed enforcement projects specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. July 2019-September 2019 Speed enforcement projects specifically in locations known for excessive speed violations and locations of recent crashes involving serious injuries or death. MILESTONES PAGE#1 of 1 E IBIT V SCHEDULE D SCHEDULE D Exhibit V AGREEMENT OF UNDERSTANDING& COMPLIANCE Grant No: SC19-06 (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 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.