HomeMy WebLinkAboutRES 270 Draft 01 2012-2014 4".......,,
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COUNTY OF HAWAII
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RESOLUTION NO. 271 14
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
TRANSPORTATION, PURSUANT TO HRS 46-7, FOR THE TRAFFIC
INVESTIGATIVE SERVICES GRANT TO THE HAWAII COUNTY POLICE
DEPARTMENT
WHEREAS, the State of Hawai`i Department of Transportation has authorized
funding under the Traffic Investigative Services grant to the Hawaii County Police
Department for their HCPD Traffic Investigation program; and
WHEREAS, these federally derived funds will be used to increase the number of
officers trained in traffic crash reconstruction and other traffic crash related courses, to
purchase crash data retrieval cables and software and to purchase data collector and
printer station units; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that County
departments obtain the consent of the Council to enter into agreements with the Federal
or State governments respecting action to be taken pursuant to any of the powers
granted by law to furnish, expend, and receive any funds or other assistance in
connection with projects being or to be undertaken pursuant to those powers; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of
Hawaii is authorized to execute, on behalf of the County, an agreement, attached hereto
and incorporated herein by reference as "Exhibit I", and related documents with the State
of Hawaii Department of Transportation, to enable the County to receive funding for the
HCPD Traffic Investigation program.
BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall
transmit copies of this resolution to the Office of the Mayor, the Finance Department,
and the Hawaii County Police Department.
Dated at Kona , Hawai`i, this 22nd day of January , 2014.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on January 22, 2014
KERN X
ONISHI X
ATTEST: POINDEXTER X
L.9,„
WILLS X
YOSHIMOTO X
8 0 1 0
Reference: C-599/Waived FC
270 14
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO.
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 Traffic Services
2. Name and Address of Applicant Agency 4. Duration
Hawai'i Police Department Month—Day—Year
349 Kapi`olani St.
Hilo, Hawaii 96720 A. Grant Period
From: 10-01-13
To: 09-30-14
3. Agency Unit to Handle Grant(Name and Address)
Hawai'i Police Department B. Project Period
349 Kapi`olani St. From: 10-01-13
Hilo, Hawai'i 96720 To: 09-30-14
5. Location of Project 6a. Type of Application
Hawai'i Police Department (Check Appropriate Item)
349 Kapi`olani St. ®Initial DRevision Continuation
Hilo, Hawai'i 96720
6b. Reimbursement Schedule Desired
❑Monthly ®Quarterly
7. Grant Description (Summarize the grant plan covering activities that address the major goals and objectives in
approximately 100 words. Limit to 6 lines.)
Hawai'i Police Department's(HPD)goal is to increase the number of officers trained in traffic crash reconstruction and other
traffic crash related courses.
8. Federal funds allocated under this agreement shall not exceed $100,000.00
9. Approval Signatures
Acceptance of Conditions: It is understood and agreed by the undersigned that a reimbursement grant received as a result of this grant agreement is subject to
Public Law 89-564(Highway Safety Act of 1966)and all administrative regulations governing grants established by the U.S.Department of Transportation
and the State of Hawaii. It is expressly agreed that this project constitutes an official part of the Hawaii Highway Safety Program and that said applicant
agency will meet the requirements as set forth herein,including accompanying schedules A,B,B-1,C&D,which are incorporated herein and made a part of
this 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:
DEC 18 2013
7 (Signature) r (Date) (Signature) (Date)
To be s re eared by as,licant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09
Signature Attachment:
Grant Title: Hawaii Police Department Traffic Investigative Services
Grantor: State Department of Transportation Motor Vehicle Safety Office
Grant Period: 10/1/2013-9/30/2014
Amount of Grant: $100,000.00
Fiscal Year: 2013-2014
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Date:
STATE OF HAWAI'I )
SS.
COUNTY OF HAWAI'I )
On ,before me personally appeared WILLIAM P. KENOI, to me
personally known, who, being by me duly sworn, did say that he is the Mayor of the County of
Hawai'i, a municipal corporation of the State of Hawai'i that the seal affixed to the foregoing
instrument is the corporate seal of said County of Hawai'i, the foregoing instrument was signed
and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of
Hawai'i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as
amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and
deed of said County of Hawai'i.
Notary Public, State of Hawai'i
Printed Name:
My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description:
Doc. Date: n Undated at time of notarization
No. of Pages: Jurisdiction:
Signature of Notary Date of Notarization and
Certification Statement
Print Name of Notary
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)
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT—PART III
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 TRAFFIC SERVICES
PROBLEM STATEMENT
Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct.
Identi6?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.
Hawai.i continues to have a traffic safety problem and the need of enforcement personnel to
enforce those laws. See Table I Hawai'i Summary of Traffic Demographics.
Table I
Hawai'i
Summary of Traffic Demographics
2005-2009
Year Population Licensed Registered Traffic Fatality Alcohol Alcohol
Drivers Vehicles Fatalities Rate Involved Involved
Fatalities
2005 1,275,194 856,163 1,149,403 140 1.38 72 51.4%
2006 1,285,498 867,003 1,159,256 161 1.57 84 52.2%
2007 1,283,388 882,455 1,167,240 138 1.3 69 48%
2008 1,288,198 885,941 1,160,643 107 1.00 52 48.5% _
2009 1,295,000 890,000 945,000 109 1.09 58 53.2%
All police departments should have an efficient and effective Police Traffic Services (PTS)
program to enforce laws, prevent crashes and their resulting deaths and injuries, assist the
injured, document specific details of individual crashes, supervise crash clean-up, and restore
safe and orderly movement of traffic. PTS is critical to the success of most traffic safety
countermeasures, and to the prevention of traffic-related injuries.
Training is one of the most important activities in a law enforcement agency, and it is essential
to support the special requirements of traffic law enforcement and safety. It is essential for
operational personnel to be prepared to effectively perform their duties. Training accomplishes
a wide variety of important and necessary goals. Proper training should:
• Prepare officers to act decisively and correctly.
• Increase compliance with agency enforcement goals.
• Assist in meeting priorities.
• Improve compliance with established policies.
• Result in greater productivity and effectiveness.
• Foster cooperation and unity of purpose.
• Help offset liability action.
• Motivate and enhance officer professionalism
• Require traffic enforcement knowledge and skills for all recruits.
• Law enforcement agencies should:
o Provide traffic enforcement in-service training to experienced officers.
o Provide specialized CMV in-service training to traffic officers as appropriate.
o Conduct training to implement specialized traffic enforcement skills, techniques,
or programs.
o Train instructors using certified training in order to increase agency capabilities,
and to ensure continuity of specialized enforcement skills and techniques.
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.
Hawai'i Police Department's (HPD) goal is to increase the number of officers trained in traffic
crash reconstruction and other traffic crash related courses.
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.
The Hawai'i Police Department (HPD) will train officers in the following classes:
1. Five (5) of HPD's officers will attend a two-week At-Scene Traffic Crash (IPTM) course
on Oahu.
2. Five (5) of HPD's officers will attend a two-week Advanced Traffic Crash Investigation
(IPTM) course on Oahu.
3. Five (5) of HPD's officers will attend a two-week Traffic Crash Reconstruction (IPTM)
course on Oahu
4. Two (2) of HPD's officers will attend a one-week Crash Data Retrieval course on Kauai.
5. Purchase Crash Data Retrieval Cables and Software to assist investigating officers with
obtaining vital information from crash vehicles involved in a traffic fatality.
6. Purchase two (2) Total Station units (Area I and Area II TEU) with software, data
collector, and printer to assist investigating officers with documenting/mapping required
scale diagram of traffic fatalities.
7. Contract certified trainer to provide certified training for Traffic Enforcement Unit officers
for use of Total Station units.
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 document the number of officers who receive advanced traffic crash courses and/or
other related traffic crash courses and determine effectiveness by the officer's attendance, and
completion of courses.
EXHIBIT III
SCHEDULE B
•
SCHEDULE B Exhibit III
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
B. Travel Expenses
In-State
Event/Conference: At-Scene Traffic Crash
Air Travel: Round Trip for 5 officers for two week course
To: Honolulu
From: Hilo $2,500.00
Surface Travel: 1 car x $100.00 x 12 days $1,200.00
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 10 nights x 140 x 5 officers $7,000.00
Per Diem: 5 officers
10 days @ $ 90 per day $4,500.00
Baggage Fee: 1 checked bag @$25/bag x 5 off. X2 roundtrips $500.00
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
In-State
Event/Conference: Advanced Traffic Crash Investigation
Training
Air Travel: Round Trip for 5 officers for two week course
SCHEDULE B Exhibit III
Page 2
Detailed Budget Estimate
Grant No:
COST CATEGORY COST ESTIMATES
To: Honolulu
From: Hilo $2,500.00
Surface Travel: 1 car x 100.00 x 12 days $1,200.00
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 10 nights x 140 x 5 officers $7,000.00
Per Diem: 5 officers
10 days @ $ 90 per day $4,500.00
Baggage Fee: 1 checked bag @$25/bag x 5 officers x 2 roundtrips $500.00
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
In-State
Event/Conference: Traffic Crash R econstruction
Training
Air Travel: Round Trip for 5 officers for two week course
To: Honolulu $2,500.00
From: Hilo
Surface Travel: 1 car x 100.00 x 12 days $1,200.00
Car Rental (daily rate, # of days, fuel,taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 10 nights x 140 x 5 officers $7,000.00
Per Diem: 5 officers
10 days @ $ 90 per day $4,500.00
Baggage Fee: 1 checked bag @$25/bag x 5 officers x 2 roundtrips $500.00
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
In-State
Event/Conference: Crash Data Retrieval Course
Training
SCHEDULE B Exhibit III
Page 3
Detailed Budget Estimate
Grant No:
COST CATEGORY COST ESTIMATES
Air Travel: Round Trip for 2 officers for one week course
To: Kauai
From: Hilo $600.00
Surface Travel: 1 car x 100.00 x 6 days $600.00
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 5 nights x 140 x 2 officers $1,400.00
Per Diem: 2 officers
5 days @ $ 90 per day $900.00
Baggage Fee: 1 checked bag @$25/bag x 2 officers x 1 roundtrip $100.00
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
Category Sub-Total $50,700.00
C. Contractual/Consultant Services
Certified Training for TEU officers on the use of Total Stations $8,000.00
Category Sub-Total $8,000.00
D. Equipment
Crash Data Retrieval Cables and Software $9,300.00
Total Station units with software, data collector and printer $32,000.00
Category Sub-Total $41,300.00
E. Other Direct Costs
Category Sub-Total
GRANT TOTAL I $100,000.001
SCHEDULE B-1 Exhibit III
Grant No:
BUDGET NARRATIVE PAGE #1 of 1
Personnel Costs
Travel Expenses
Travel funds will be used for staff travel expenses to attend the At-Scene Traffic Crash, Advanced
Traffic Crash Investigation, and Traffic Crash Reconstruction courses on Oahu. Travel funds will also be used
for staff travel expenses to attend the Crash Data Retrieval course on Kauai, Hawaii. Since all courses are
being held at a facility away from the airport, hotel and rental vehicle will be needed for the duration of
of the training.
Contractual/Consultant Services
Contract Certified Trainer to provide training in the use of Total Station units
Equipment
Purchase Crash Data Retrieval Cables and Software
Purchase (2) Total Station Units with Software, Data Collector and Printer
Other Direct Costs
EXHIBIT IV
SCHEDULE C
SCHEDULE C Exhibit IV
Grant No:
MILESTONES PAGE # 1
Month Activity
October 2013-September 2014 Five (5) HPD officers will attend a two week At-Scene
Traffic Crash (IPTM) course on Oahu. Purchase Total
Station Units and Crash Data Retrieval Software and
Cables.
October 2013-September 2014 Five (5) HPD officers will attend a two week Advanced
Traffic Crash Investigation (IPTM) course on Oahu.
Coordinate training for TEU officers with Contractor
for Total Station use.
October 2013-September 2014 Five (5) HPD officers will attend a two week Traffic
Crash Reconstruction (IPTM) course on Oahu
October 2013-September 2014 Two (2) HPD officers will attend a one week Crash
Data Retrieval course on Kauai, Hawaii
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.
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