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HomeMy WebLinkAboutRES 391 Draft 01 2006-2008 i COUNTY OF HAWAII STATE OF HAWAII •J• ~ ~~~~Oi~M~~' RESOLUTION NO. 391 07 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 AN AGGRESSIVE DRIVING PROJECT GRANT FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, the State of Hawaii Department of Transportation Public Affairs -Safe Community Program has authorized funding towards the Hawaii County Police Department's Aggressive Driving Project; and WHEREAS, aggressive driving, defined by the National Highway Traffic Safety Administration as occurring when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property", has become a serious problem on our roadways; and WHEREAS, the goal of this project is to reduce the number of fatal crashes on Queen Ka'ahumanu Highway, Hawaii Belt Road Route 190, and Route 11 in the Kona, South Kohala, and Ka'u Districts and to also increase the amount of aggressive driving citations in these areas; and WHEREAS, the Hawaii County Police Department will enforce the laws on speeding, illegal passing, cutting corners and driving on the shoulders by having additional checkpoints and roving patrol projects; and WHEREAS; the department will also conduct enforcement targeting all other aggressive driving with the use of overtime funds from this grant; and WHEREAS, the funds provided by the State of Hawaii State Department of Transportation are derived from grants provided by the federal government; 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 and related documents, to enable the County to execute the Aggressive Driving Project as described in the Hawaii County Police Department's Grant Application, attached hereto and incorporated herein by reference as Exhibit "A". BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments. Dated at xona ,Hawaii, this 20th day of November , 2007. INTR DUCED BY: COUNCIL MEMBE , C N OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD I hereby certify that the foregoing RESOLUTION was by the RIGA g vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN g the County of Hawaii on November 20, 2007 IKEDA X ATTEST lACOSSON X NAEOLE X PILAGO YAGONG g YOSHIM01'O 8 0 1 0 ~t ~ ~~'r'"~'L Reference C-766/F'C-193 4 J C-C~~ rr.(.~ ij,t.w°-b-v ~ ~ ~ F COUNT-`~ CLERK CHAIRM f~ RESOLUTION NO. `391' O'7 APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFETY OFFICE FOR SCP-SO USE ONLY PART I (Applicant to Complete) Project Number: 1. APPLICANT (Name and Address) Title: HCPD AGGRESSIVE DRIVING PROJECT Hawaii County Police Department Standard Area: 349 Kapiolani Street Hilo, Hawaii 96720 Effective Date: 10-01-07 2. AGENCY UNIT (Name and Address) Hawaii County Police Department Federal Funds Obligated $ 349 Kapiolani Street, Hilo, Hawaii 96720 FY Funds Addendum YES NO 3. DURATION (Month, Day, Year) Benefit of STATE COUNTY A. Grant Period B. Project Period From: 10-01-07 From: 10-01-07 To: 09-30-OB To: 09-30-OB 4. LOCATION OF PROJECT 5a. Type of Application (Check Appropriate Item(s) Hawaii County Police Department x Initial Revision Continuation 399 Kapiolani Street Hilo, Hawaii 96720 5b. REIMBURSEMENT SCHEDULE DESIRED Monthly x Quarterly 6. PROJECT DESCRIPTION (Schedule A) 7. PROJECT OBJECTIVES AND TASKS SUMMARY FROM SCHEDULE A The project objectives are to reduce the number of fatalities and injuries, increase public awareness, and provide a constant deterrence against aggressive driving. 8. BUDGET (Schedule B) SA. COST CATEGORY Total Expenditures Grant Period Prior Years Project Period (1) Personal Services $33,750.00 $0 (2) Consultant Services $0 $0 (3) Commodities $ $0 (9) Other Direct/Indirect Costs $0 $0 TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $33,750.00 $0 8B. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL (1) Federal (100 o of TOTAL) $33,750.00 SHARE WILL BE PROVIDED (2) Applicant Age 9. MILESTONES (Schedule C) 10. AGREEMENT OF UNDERSTANDING AND COMPLIANCE (See Schedule D, attached) 11. ACCEPTANCE OF CONDITIONS. It is understood and agreed by the undersigned that a reimbursement grant received as a result of this application is subject to Public Law 89-569 (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,C & D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PRO D RE 11B. AUTHORIZING OFFICIAL OF AGENCY UNIT Signature ~ Signature Name LAWRENCE K. MAHUNA Name HARRY KIM Title POLICE CHIEF Title MAYOR Date Date To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 7/14/00 F,XHiRiT "A" PART II (Safe Community Program - Safety Office to complete) Project Number: 1. ADDENDUM (For MVSO Use Only) 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safe~y Program. A. Effective Date B. Federal Funds Obligated C. Approval Date D. Signature E. Name Gordon K.K. Hong E. Title Highway Safety Manager IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY; l1EPIDTY Corporation Counsel STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2007, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instmment is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: SCHEDULE A HCPD AGGRESSIVE DRIVING PROGRAM MISSION/GOAL The goal of this project is to reduce fatal crashes on Queen Kaahumanu Highway, Hawaii Belt Road Route 190 and Route 11 in the Kona, South Kohala and Ka'u Districts in FFY 2008. HPD will also increase the amount of aggressive driving citations in these areas and properly record the number of citations given for future reference. PROBLEM IDENTIFICATION Aggressive driving has become a serious problem on our roadways. NHTSA, after discussions with law enforcement and the judiciary, defines aggressive driving as occurring when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property." Unfortunately, statistics are only now being developed and kept in our County in regards to aggressive driving. The following is known: • Speed is a consistent factor as one of the combination of moving traffic offenses involved in aggressive driving. • Speeding is one of the most prevalent factors in motor vehicle crashes. The National Highway Traffic Safety Administration (NHTSA) lists speeding as the third leading contributing factor in traffic fatalities. Speeding continues to be cited as a major factor in almost one-third (3I percent) of traffic fatalities nationally and is estimated to cost $40 billion each yeaz. • 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 neg~ tiate 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 ha2azd ¦ 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 hazdware such as guardrails, barriers and impact attenuators to protect occupants ¦ Increases tread weaz on tires and wear on braking systems ¦ Increases the risk of crashes because other vehicles and pedestrians may not be able to judge distance accurately (GHSA, Survey of States Speeding Report). • In Hawaii, the 2005 data shows that 69 of 140 or 49.3% of the traffic fatalities were speed related. This is the single highest involvement factor. Hawaii County shows the most speeding related traffic fatalities at 60% in the State; this is nearly double the national average. See Table I for 2005 speed related fatalities by county. table I 2005 Speed Related Fatalities by County Hawaii Honolulu Kauai Maui Total Not 25 30 6 10 71 Seeding Speeding 15 45 4 5 69 Total 40 75 10 15 140 Percent 60% 60% 40% 33.3% 49.3% S eeding • The 2005 speeding involved fatal data is in line with the previous two yeazs, 2003 with 51.9% and 2004 with 47.2%. The speeding involved fatalities aze also in line with alcohol-involved fatalities, another area that Hawaii County leads. The Big Island's strong speeding enforcement program over the past few years has shown that it is necessary to keep the speeding involved fatalities down. Please see Table II on speed enforcement statistics. Table II FFY 2006 Speed Enforcement Statistics Honolulu Hawaii Maui Kauai Total County Count Count Grant 4,227 1,051 6,068 784 12,130 Funded County N/A 7,338 325 1,196 8,859 Funded Total 4,227** 8,389 6,393 1,980 20,989 * *Honolulu county funded speeding citations were not available at this time. • Although statistics are not kept on aggressive driving, a grass roots effort has been initiated by Solutions Hawaii regarding the reporting to police of traffic violations. ]n March 2007, 48 of the reported traffic violations involved either reckless or aggressive driving, as compared to 18 for speeding. In April of 2007, 28 were for reckless or aggressive driving and 12 for speeding. It is clear that aggressive driving is a growing problem in the West Hawaii area. Law enforcement knows, based on experience and enforcement efforts, that the Queen Kaahumanu Highway, Hawaii Belt Road Route 190 and Route 11 in the Kona, South Kohala and Ka'u districts are hot spots for aggressive driving. This is supported by the data that indicates that 9 of the 33 fatal crashes in 2006 occurred in these areas. SOLUTION Consistant enforcement is one of the strongest deterrents to the aggressive driving and excessive speeding problems on Queen Kaahumanu High.',vay, Hawaii Belt Road Route ] 90 and Route 11 in the Kona, South Kohala and Ka'u Police Districts. The Hawaii Police Department will enforce speed, illegal passing, cutting corners, and driving on the shoulders of the roadway laws, and conduct enforcement targeting all other aggressive driving with the use of overtime funds from this grant. Crash and fatal data will be used to identify problem areas. STRATEGIES 1. Conduct 50 high visibility checkpoints, specifically on Queen Kaahumanu Highway, Hawaii Belt Road Route 190 and Route 19 in the Kona, South Kohala and Ka'u Districts, enforcing excessive speed and aggressive driving violations. 2. Conduct 50 inconspicuous patrols using Traffic Enforcement Unit's unmarked police vehicles in the above areas in conjunction with mazked patrol vehicles.. 3. Issue approximately 600 speeding and aggressive driving related citations with grant funding. 4. Issue approximately 600 citations for other violations with grant funding. 5. Conduct a media campaign relative to aggressive driving and the enforcement efforts of the department. EVALUATION The goal of this project is to reduce fatal crashes on Queen Kaahumanu Highway, Hawaii Belt Road Route 190 and Route 11 in the Kona, South Kohala and Ka'u Districts by 10% from 9 in 2006 to 8 in FFY 2008. HPD will also increase the amount of aggressive driving citations in these areas and properly record the number of citations given for future reference. EXHIBIT III SCHEDULE B SCHEDULE B (1) PERSONAL SERVICES Emoloyee Salaries and Benefits Position Title: Salary: $ 360.00 (Day) Fringe Benefit Rate: Time to be spent on project: 185 hours Total Salaries and Benefits: $ 33,750.00 Air Travel To: From: Cost: $ Intra State Inter State Total Air Travel: $ Surface Travel Caz Rental: $ Private Car: ( miles @ per mile) Total Surface Travel: $ Per Diem Intea State: days @ $ ~ per day Total: $ Inter State: days @ $ per day Total: $ Total Per Diem: $ Tuition, Course, Registration and Misc. Fees Lifesaver's tuition Fee: $ Fee: $ Total Tuition and Misc.: $ TOTAL PERSONAL SERVICES: $ 33,750 SCHEDULE B (Continued) (2) CONSULTANT SERVICES hours @ $ per hour: $ Travel: $ Overhead ( % of Total): $ TOTAL CONSULTANT SERVICES: $ (3) COMMODITIES Office Supplies: $ Other Expendable Materials: $ TOTAL COMMODITIES: $ (4) OTHER DIRECT/INDIRECT COSTS Office Space ( sq. ft. @ $ per sq. ft.): $ Office Equipment (Attach detailed equipment schedule): $ Puchased: $ Leased: $ of Shazed Equipment: $ Other Equipment (Specify type and cost on an attached schedule.): $ Utilities ( % used for project): $ Maintenance ( % used for project): $ E.D.P. Services ( hr. @ per hour): $ Printing: $ Communications: $ Project Income: $ TOTAL OTHER DIRECT/INDIRECT COST: $ Indirect costs not exceed 10% of total salaries Federal (Share) Funds Requested* $ Agency (Share) Budget Item $ TOTAL PROJECT COST: $ 33,750.00 Note: Identify all costs to be reimbursed by Federal funds with an asterisk EXHIBIT IV SCHEIIULE C SCHEDULE C MILESTONES Month Activity October -December 2007 Complete a minimum of 30 checkpoints and roving patrol projects in the stated problem areas with emphasis on holiday periods and school vacations. Continue media coverage. January -May 2008 Conduct at least another 30 checkpoints and patrol projects in the problem stated areas with emphasis on holiday periods and school vacations. Continue media coverage. June -September 2008 Conduct balance of checkpoints and patrol projects during summer months when students are on vacation and tourist numbers are high. Focus of the projects will be where traffic is most congested. Continue media coverage. EXHIBIT V SCHEDULE D SCHEDULE D Agreement of Understanding & Compliance Project Number: 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 refereed 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 Federa] 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 aze 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 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 ofDOT-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. 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 Discriminatior: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 whose 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 complianre 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 maybe the property of the State or applicant agency; howevec, provisions should be made to obtain for the United States Government, the State Governments and their political subdivisions aroyalty-free nonexclusive, and irrevocable license to use in any manner such copyrightable material. B. It is mutually agreed that the ownership c;f 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, declazed ineligible, or voluntarily excluded from pazticipation 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 Regazding 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 lender 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 instrnctions, 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 depaztment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. IX. Certification Regazding 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, declazed 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 Pazt 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