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HomeMy WebLinkAboutCOM 0048.030 2006-2008 OON,Y OF //,r,Y Harry Kim l~' Lawrence K. Mahuna .Mnvor ~ Police Chief Harry S. Kubojiri or ~epury Police Chief ~TF OF~N~`~ County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 February 11, 2008 (808)935-3311 Fax (808)961-8869 r~ ca c. m TO PETE HOFFMAN, COUNCIL CHAIR AND COUNCIL MEMBER~,~ ~ ~ ~ " r- t~ ViA EANNA~KO CONTROLLER rv a}.u~r-rte /~a~ r~ c~ T1. FROM :~~-~A1iaF;~=NCE K. MAHUNA, POLICE CHIEF - , ~ ~ SUBJECT NOTIFICATION OF GRANT AWARD , : ° Compliance with Ordinance No. 9-55, Section 7(1) - cn G~-YL Name of Grant Program: Roadblock Program Federal or State Grantor: State Department of Transportation Public Affairs Office-Safe Community Program County Grantee Department/Agency: County Police Department Grant No.: AL08-02(01-H-02) Amount of Grant: $75,000.00 Amount of County Match: None County Revenue & Expenditures Acct 010.201.5216.15; 3303.42 Grant Period: October 1, 2007 -September 30, 2008 Purpose of Grant: To reduce the number of alcohol related fatalities and injuries, increase public awareness, and provide a constant deterrence against drunk driving. Is final report required by grantor? yes Notification Attached: yes ~ O Gomm. Mo.,~~ Ref. To: _ ` Ref. Dote 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: ALO a'~2. 1~\-~-1-C2, 1. APPLICANT (Name and Address) Title: HCPD Roadblock Program Hawaii County Police Department 399 Kapiolani Street Standard Area R1.. Hilo, Hawaii 96720 2. AGENCY UNIT (Name and Address) Effective Date: 10-O1-07 Hawaii County Police Department 399 Kapiolani Street, Hilo, Hawaii 96720 Federal Funds Obligated $"~S ~o c6.O 17 FY Funds oa Addendum YES NO 3. DURATION (Month, Day, Year) A. Grant Period B. Project Period Benefit of STATE COUNTY From: 10-01-07 From: 10-01-07 To: 09-30-OB To: 09-30-08, 9. LOCATION OF PROJECT Sa. Type o£ Application (Check Appropriate Item(s) Hawaii County Police Department x Initial Revision -Continuation 349 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 alcohol related fatalities and injuries, increase public awareness, and provide a constant deterrence against drunk driving. 8. BUDGET (Schedule B) 8A. COST CATEGORY Total _ Expenditures Grant Period Prior Years Project Period (1) Personal Services $72,500.00 (2) Consultant Services S (3) Commodities $2,SDD.DD (4) Other Direct/Indirect Costs $ TOTAL ESTIMATED COSTS (Inc. Non-Fed. Share) $75,000.00 8B. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL (1J Federal (100 $ of TOTAL) $75,000.00 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 O.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 s D, which are incorporated herein and made a part of this application. Authorization to proceed with this Highway Safety Project is requested. 11A. PROJECT IRECTOR 11B. AUTH I NG O FICIAL OF AGENCY UNIT Signature Signature Nam LAWRENCE MAHUNA Name HARRY KIM Titl POLICE CHIEF Title MAYOR Date SE Z Date Q To be prepared by applicant, use separate shee'=s as required. Form HS 3-71 Rev. 7/14/00 IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY: p~p~jyy C rporati Counsel STATE OF HAWAII } SS. COUNTY OF HAWAII } On October 5, 2007, before me personally appeared DIXIE ItAETSU, to me personally known, who, being by me duly sworn, did say that DIXIE KAETSU is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. JEA (ERNES Notary Public, State of Hawaii My commission expires: 11/1/2009 'LPN V I c ~otpR~ ~ A~B<_\~ ao , EXHIBIT II SCHEDULE A Schedule A HCPD Roadblock Grant MISSION/GOAL The goal of the project is to reduce the number of alcohol related traffic fatalities by CY 2008. In addition, HCPD will also look at increasing the number of DUI arrests at sobriety checkpoints and increasing the number of vehicles checked at these projects by 10 percent PROBLEM IDENTIFICATION: Impaired driving has perhaps the highest profile among all traffic safety issues. Alcohol countermeasure programs have been vigorously pursued for decades with aggressive campaigns in both the public and private sectors Despite these efforts, impaired driving remains a highly difficu]t issue. Nationally, there were 16,885 alcohol-related traffic deaths in 2005, an average of one alcohol fatality every 31 minutes, I4,539 (8b°lo) of those were killed in crashes where at least one driver or nonoccupant had a BAC of .OSg(dL or higher. Nationally, NHTSA estimates that alcohol was involved in 39 percent of fatal crashes and in 7 percent of a1] crashes in 2005. Impaired driving continues to be a problem in Hawaii. Over the past five years from 2001 to 2005, there were 674 traffic fatalities of which 303 or 45% were alcohoI- involved. In 2005, of the 140 traffic fatalities 67 or 47.9% were alcohol-involved. See Table I below: TABLE I Hawaii Summary of Traffic Fatalities 2001-2005 Traffic Fatalities Alcohol-Involved Percent Alcohol- Fatalities Involved 2001 I40 60 42.9% 2002 119 45 37.8°to 2003 l33 7I 53.4% 2004 142 60 42.3% 2005 I40 67 47.9% Total 674 303 45% In 2005, Table 2 shows the number of people killed by County and those that were alcohol-related: TABLE II 2005 Persons Killed by County/Alcohol-Involved Persons killed Alcohol-Involved Percent Alcohol- Involved C&C Honolulu 75 27 36% Hawaii County 40 24 60% Kauai Couni 10 4 40% Maui County IS 12 80% Total 140 67 47.9% Hawaii County has one of the most severe alcohol-related crash problems in the State. In 2005, 60% of the traffic fatalities on the Big Island were alcohol-involved. In the past three years, the Big Island has experienced 216 traffic fatalities, and 60 or 51.7% were alcohol-related. See Table 3: TABLE III 2003-2005 Big Island Persons Kil]ed/Alcohol-Involved Persons Killed Alcohol-Involved Percent Alcohol- Involved 2003 35 I4 40% 2004 41 22 53.7% 2005 40 24 60% Total 116 60 51.7% The Big Island is over represented in both traffic fatalities and alcohol-related traffic fatalities. In 2005, 35.8% of the State's alcohol-related traffic fatalities occurred on the Big Island, which is disproportionate to its population base. A 2004 report prepazed by the North Hawaii Outcomes Project, and endorsed by the Motor Vehicle Related Crash Reduction Group states: 1) Hawaii County has an average motor vehicle-related fatality rate per age-adjusted 100,000lpopulation, from 1996-2000, which is three times higher than the City and County of Honolulu, and two times higher than Maui and Kauai counties. 2) Hawaii County has the highest rate of injury causing motor vehicle crashes in the State when calculated both by population and by vehicle miles traveled. Another area of concern with impaired driving is the 20 year old and under group that presently by law cannot drink alcohol yet statistically has shown up as a major problem. For the calendaz years of 2003 - 2005, the age group of I S - 20 made up 5.0% (42,366 / 844,742 3-yeaz average) of all licensed drivers in the State of Hawaii. However, that same age group for that same period of time represented 14.4% (76/527) of al] licensed drivers that were invo]ved in fatal crashes. During those same calendar years (2003;- 2005), 26.9% (]42/527) of the drivers involved in the fatal crashes had a positive (.01 or greater) BAC IeveI. Of those ]42 drivers while a positive BAC, 22 or 15.5% were of the IS - 20 age group drivers: representing 4.2% of the overall number of drivers involved in fatal crashes. The annual break down is as follows: 2003: 164 total drivers were involved in fatal crashes of which, 25 or 15.2% were of the I S - 20 age group. Moreover, nine out of 45 drivers were of the 15 - 20 age group and had a positive BAC level. Those nine had been drinking driver's represent 20% of the total number of drivers that had been drinking and involved in a fatal crash in 2003. 2004: 187 total drivers were involved in fatal crashes of which, 31 or I6.6% were of the 15 - 20 age group. Moreover, I O out of 43 drivers were of the I S - 20 age group and had a positive BAC Level. Those IO had been drinking driver's represent 23.3% of the total number of drivers that had been drinking and involved in a fatal crash in 2004. 2005: 176 total drivers were involved in fatal crashes of which, 20 or I I.4% were of the I S - 20 age group. Moreover, three out of 20 drivers were of the 15 - 20 age group and had a positive BAC level. Those three had been drinking driver's represent 15°l0 of the total number o drivers that had been drinking and involved in a fatal crash in 2005. SOLUTION: There aze many solutions to the alcohol-related problem described above but the Hawaii County Police Department (HCPD) believes that enforcement is the strongest deterrent to drunk driving. HCPD will use sobriety checkpoints every week, or 52 weeks during the grant period in locations that show the greatest possibility of arresting drunk drivers. HCPD will also participate by increasing enforcement during all national mobilization efforts as well as special holiday periods locally. HCPD will also use grant funds to deter illegal underage drinking by patrolling areas known to have young people gathering over the weekends and holidays. STRATEGIES 1. Establish about 100 impaired driving roadblocks with grant funds and 50 roadblocks with county funds, estab]ishing roadblocks on all major holidays. 2. Affect about 80 arrests for impaired driving at grant funded roadblocks and 35 arrests and county funded roadblocks. 3. Affect I00 arrests for other violations at grant funded roadblocks and 50 arrests at county funded roadblocks. 4. Issue about 300 citations for violations at grant funded roadblocks and I50 citations at county funded roadblocks. 5. Screen an estimated 20,310 vehicles while at impaired driving roadblocks. 6. Send one (I) officer and one (1) Deputy Prosecutor to attend Lifesaver's. 7. Send two (2) officers to attend the Drug Recognition Expert (DRE) Conference. 8. Send two (2) officers and one (1) Deputy Prosecutor to Quarterly Statewide Traffic Commander's Meetings 9. Purchase desk top computer and printer for the Traffic Safety Coordinator to extract and compile alcohol related crash data, from RMS for educational and statistical applications with the Impaired Driving Task Force. EVALUATION: The overall goal of the project is to reduce the number of alcohol related traffic fatalities . by 12.5% from 24 to 2I by CY 2008. In addition, HCPD will also look at increasing the number of DUI arrests at sobriety checkpoints by 10%, from 104 to I I5, and increasing the number of vehicles checked by 10%, from 18,464 to 20,3I0 vehicles. EXHIBIT IH SCHEDULE B SCHEDULE B (1) PERSONAL SERVICES Employee Salaries and Benefits Position Tide: Salary: $ 540.00 (Day) Fringe Benefit Rate: % Time to be spent on project: 337 hours Total Salaries and Benefits: $ 60,705.00 Air Travel To: Oregon From: Hilo (x2 people) Cost: $2,000.00 To: Indianapolis From: Hilo (x2 people) $2,800.00 Intra State To: I~ieighbor Islands From: Hilo $900.00 Inter State Total Air Travel: $ 5,700.00 Surface Travel Car Rental: $75 per day x 13 days $ 975.00 Private Car. ( nniles C~ per mile) Total Surface Travel: $ 975.00 Per Diem Infra State: 18 days C $ 90 per day Total: $ 1,620.00 Inter State: 20 days @ $ 145 per day Total: $ 2,900.00 Total Per Diem: $ 4520.00 Tuition. Course. Re¢stration and Misc. Fees Lifesaver's tuition, Fee: $250 x 2 $ 500.00 Fee: $ Total Tuition and Misc.: $ TOTAL PERSONAL SERVICES: $ 500.00 SCHEDULE B (Continued) (2) CONSULTANT SERVICES hours @ $ per hour: $ Travel: $ Overhead ( % of Total): $ TOTAL CONSULTANT SERVICES: $ (3) COMMODITIES Office Supplies: Computor and color grinter(Traffic Coordinator) $ 2,600.00 Other Expendable Materials: $ TOTAL COMMODITIES: $ 2,600.00 (4) OTHER DIRECT/INDIRECT COSTS Office Sgace ( sq. ft. C~ $ per sq. ft.): $ Office Equipment (Attach detailed equipment schedule): $ Puchased: $ Leased: $ % of Shared 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 DIRECTJINDIRECT COST: $ Indirect costs not exceed 10% of total sa]aries Federal (Shaze) Funds Requested* $ Agency (Share) Budget Item $ TOTAL PROJECT COST: $ 75,000.00 Note: Identify all costs to be reimbursed by Federal funds with an asterisk EXHIBIT IV SCHEDULE C SCHEDULE C HCPD Roadblock Program - ) f"-08- 02~`- H- 0~7 MILESTONES Month Activity 52/12 impaired driving enforcement program to be conducted throughout fiscal year. At least one impaired driving roadblock will be'established in each of the 52 weeks of the year, for alI twelve months of the year. October-December 2007 Conduct grant and county funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays. Focus on high crash azeas such as Kona and Puna. Attend Statewide Traffic Commanders Meeting. December 2007 National Drunk & Drugged Driving Prevention Month and Over the Limit, Under Arrest Campaign. Concentrated efforts during Christmas Holiday, along with media coverage. January-Mazch 2008 Conduct grant and county funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays. Attend Lifesavers Conference. Attend Statewide Traffic Commanders Meeting. Media coverage. April-June 2008 Conduct grant and county funded impaired driving roadblocks. Roadblocks to be scheduled during all major holidays. Atter:d Statewide Traffic Commanders Meetin . June-July 2008 National Mobilization Campaign. Target youth and underage drinking during summer Months. Intensify media coverage. July-September 2008 Conduct grant and county funded impaired driving roadblocks. Roadblocks to be scheduled during Labor Day holiday. Attend Statewide Traffic Commanders Meeting. Attend DRE Conference. Media coverage during mobilization pe*iod. EXHIBIT V sc~r.•uL,E 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, hereinafer 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 Federal funds for highway safety projects. NOW, THEREFORE, IN CONSIDERATIGI`i 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 fuunishings 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 agrement. 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 al] employees of the APPLICANT, whose principal employment is in connection with any Highway Safety project, fmanced 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. 1 I8K (a)j. 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 regazd 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 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 refereed to as the Act), and al] 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 refereed 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. (I) 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 Circulaz 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 aroyalty-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. Certifcation Regazding 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. Z. 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 Ieams 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 se? 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 t:zr 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 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 be]ow.) 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, debaned, 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 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, 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'1'ransportationthat 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 ag; eernent. 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 afrer 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. PART II (Safe Community Program - Safety Office to complete) Project Number: 3~.L0$-C"Z l ~ _ 1. ADDENDUM (For MVSO Use Only) 2. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official Responsible to Governor for Administration of the State Highway Safety Program. A. Effective Date \o' ~'o B. Federal Fun s Obrliga ed ~ ~rJ, ocb . pp C. Approv 1 t IG1 b 7 D. Sign e E. Name o K.K. Ho F. Title Highway Safety Man er