HomeMy WebLinkAboutCOM 0048.052 2006-2008p7e~. 0 8 -78
Harry Kim
Mrtyor
Lawrence K. Mahuna
Police Chief
Harry S. Kubojiri
Depury Police Chief
October 8, 2008
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Stmt • Hilo, Hawaii 96720-3998
(808) 935-3311 Fax (808) 961-8869
TO PETE HOFFMAN, COUNCIL CHAIR AND COUNCIL MEMBERS ~~
~I-
VIA NNA KO, CONTROLLER ~ ~:' ~ o
FROM NCE K. MAHUNA, POLICE CHIEF _ ` ^ ;
cn
Y': i
SUBJECT NOTIFICATION OF GRANT AWARD ;,~7 ~ :~.
Compliance with Ordinance No. 8-55, Section 7(1) ' '--; ;-,'
vF-ig ~ rf cn !..~
s
:._ ~
Name of Grant Program: Roadblock Program
Federal or State Grantor:
County Grantee Department/Agency:
Grant No.:
Amount of Grant:
Amount of County Match:
State Department of Transportation Public
Affairs Office-Safe Community Program
County Police Department
AL09-02(01-H-02)
$90,500.00
None
County Revenue & Expenditures Acct #: 010.201.5216.15; 3303.42
Grant Period:
October 1, 2008 -September 30, 2009
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?
Notification Attached:
yes
yes
Comm. No. /_ ~•'S ~
Ref. To: ~'~
Ref. Date .:~~ 10 20(lg
APPLICATION FOR HIGHWAY SAFETY PROJECT REIMBURSEMENT GRANT
STATE OF HAWAII SAFE COMMUNITY PROGRAM -SAFE COMMUNITIES STAFF
PART I FOR SCP-SCS USE ONLY
(Applicant to Complete)
Project Number:
1. APPLICANT (Name and Address)
Hawaii Police Department Title: HPD Roadblock Pro ram
g
349 Kapiolani Street
Hilo, Hawaii 96720 Standard Area
2. AGENCY UNIT (Name and Address)
Hawaii Police Department Effective Date: 10-0]-08
349 Kapiolani St., Hilo, HI. 96720
Federal Funds Obligated $ 90,500
3. DURATION (Month, Day, Year)
A. Grant Period B. Project Period FY Funds 09 Addendum _ YES x NO
From: ]O-O1-08 From: 10-O1-08
To: 09-30-09 To: 09-30-09 Benefit of _ STATE x COUNTY
4. LOCATION OF PROJECT Sa. TYPE OF APPLICATION [Check Appropriate Item(s)]
x Initial _ Revision Continuation
..._ Hawaii PoliceDepartmenY ._-_ .. .... .. ......_ _ ._._-. _._ .____ ____- -.-.-- ,-_._-___ __.__..-
349 Kapiolani Street Sb. REIMBURSEMENT SCHEDULE DESIRED
Hilo, Hawaii 96720 _ 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,
_ BUDGET Schedule B
8A. COST CATEGORY Total .
Grant Period Expenditures Project Period ' "
Prior Years
1 Personal Services $90 500.00
2 Consultant Services - $p
3 Commodities $0
4 Other DirecUIndirect Costs $0
TOTAL ESTIMATED COSTS Inc. Non-Fed. Share $90,500.00
8B. SOURCE OF FUNDS C. SPECIFY HOW NON-FEDERAL
(1) Federal (100 % of TOTAL) $90,500.00 SHARE WILL BE PROVIDED
2 A licant A e ~ ~ ~ -
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 ofthis
application is subject to Public Law 89-564 (Highway Safety Act of 1966) and all administrative regulations governing grants established by the
U.S. Departrnent 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 asset forth herein, including accompanying schedules A,B,C
&D,whichareincorooratedhereinandmadeanartnfthtcannT;r°.;..., e,..r,,,~:.,,.:,....,.__..___~__., .,-•_..• ,
11A. PR - - -
D --- -- ---- - ----•-_-•• • •-•••~- •....•,,,
11B. AUT ,,,,, ,,,,,,,,,,, „,n, nus n, nwa care rro ecus re nested.
ZING CIAL-0F AGENCY UNIT
Si natur ~ ~. Si nature
Name Paul K. Ferreira Name Ik)gE ~~ '
Title Acting Police Chief Title A~IIIIG MAYOR
Date Date S P 3 O 7000
To be prepared by applicant, use separate sheets as required. ,Form HS 3-71 Rev. 04/07
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
APPROVED AS TO FORM AND LEGALITY:
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On September 30. 2008, before me personally appeared DIXIE I{AETSU, to me
personally known, who, being by me duly sworn, did say that DIXIE K.AETSU is the Acting
Mayor 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 the said County of Hawaii; that the
._.__ _.
--
foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority
given to said Acting Mayor of the County of Hawaii by Section 5-1.5 of the County Charter,
County of Hawaii (2000), as amended; and said DIXIE KAETSU acknowledged said
instrument to be the free act and deed of said County of Hawaii.
apTA~Y~;' Ih .
~~~~~~ V .
~~~ ~ ~ CAT COI2REIA
~a~+o(~, 8 L0~',~ Notary Public, State of Hawaii
t)p HP My commission expires: 10/] 3/2010
Doc. Date: September 30, 2008 # Pages: 3
Notary Name: -Cathy T. Correia Third Circuit
Doc. Description: Application for Hiahway Safetv Project Reimbursement Grant
State of Hawaii Safe Community Program -Safe Communities Staff
Date
PART II (Safe Community Program -Safe Communities Staff to complete)
Project Number;
1. ADDENDUM (For MUSO Use Only)
2. AGREEMENT AND AUTHORIZATION TO PROCEED by Stale Official Responsible to Governor for Administration of the State
Highway Safety Program
A. Effective Date October 1, 2001
B. Federal Funds Obligated $
C. Approval Date
D. Signature
E. Name Gordon K.K. Hong
F. Title Highway Safety Manager
SCI3EDULE A
APD ROADBLOCK PROGRAM
MISSION/GOAL
The goal of the project is to reduce the number of alcohol related traffic fatalities by 5% from 34 in
FFY 2007 to 32 in FFY 2009. In addition, HPD will also look at increasing the number of DUI arrests
at sobriety checkpoints by 5% from 65 to 68, and increasing the number of vehicles checked by 5%
from 20,310 to 21,325 vehicles. ,
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-highl-y-difficult-==-- ----
issue. Nationally, there were 17,602 alcohol-related traffic deaths in 2006, an average of one alcohol
fatality every 30 minutes, 15,121 (35%) of those were killed in crashes where at least one driver or
non-occupant had a BAC of .08g/dL or higher. Nationally, NHTSA estimates that alcohol was
involved in 41 percent of fatal crashes and in 9 percent of all crashes in 2006.
Impaired driving continues to be a problem in Hawaii. Over the past five years from 2002 to 2006;
there were 695 traffic fatalities of which 338 or 48.6% were alcohol-involved. In 2006, of the 161
traffic fatalities 84 or 52.2% were alcohol-involved. See Table 1 below:
TABLE I
Hawaii Summary of Traffic Fatalities 2002-2006
Traffic Fatalities Alcohol-Involved
Fatalities Percent Alcohol-
Involved
2002 119 47 39.5%
2003 133 71 53.4%
2004 142 64 45.1
2005 140 72 51.4%
2006 161 84 52.2% _
Total ~ 695 338 48.6%
In 2006, Table 2 shows the number of people killed by County and those that were alcohol-related:
TABLE II -
2006
Persons Killed by County/Alcohol-Involved
rersons lolled Alcohol-Involved Percent Alcohol-
Involved
C&C Honolulu 88 38 43.1
Hawaii Count 39 26 67.0
Kauai County 14 8 57.1
Maui County 20 12 60.0
Total 161 84 52.2
Hawaii County has one of the most severe alcohol-related crash problems in the State. In 2006,
67% of the traffic fatalities on the Big Island were alcohol-involved. In the past three years, the
Big Island has experienced 120 traffic fatalities, and 72 or 60.0% were alcohol-related. See Table
3:
_. - -
--TABLE III -._ -.- _ -- -
2004-2006
Big Island
Persons Killed/Alcohol-Involved
Persons Killed Alcohol-Involved Percent Alcohol-
Involved
2004 41 21 51.2%
2005 40 25 62.5%
2006 39 26 67.0%
Total 120
72
60.0%
The Big Island i s o ver represented in b oth traffic fatalities and alcohol-related traffic fatalities. In
2006, 30.9% of the State's alcohol-related traffic fatalities occurred on the Big Island, which is
disproportionate to its population base.
Another azea 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 2004
- 2006, the age group of 15 - 20 made up 5.0% (42,784 / 855,681 3-year average) of all licensed
drivers in the State of Hawaii. However, that same age group for that same period of time represented
13.07 /o (74/566) of all licensed drivers that were involved in fatal crashes.
During those same calendar years (2004 - 2006), 63.7% (361/566) of the drivers involved in the fatal
crashes had a positive (.Ol or greater) BAC level. Of those 361 drivers with a positive BAC, 16 or
22.5% were of the 15 - 20 age group drivers.
The annual break down is as follows:
2004: 187 total drivers were involved in fatal crashes of which, 31 or 16.6% were of the 15 - 20 age
group. Moreover, 10 out of 43 drivers were of the 15 - 20 age group and had a positive BAC
level. Those 10 had been drinking driver's, representing 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 11.4% were of the 15 - 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, representing 15% of the total number of
drivers that had been drinking and involved in a fatal crash in 2005.
2006: 203 total drivers were involved in fatal crashes of which, 23 or 14.3 % were of the 15-20 age
group. Moreover, three out 23 drivers were of the 15-20 age group and had a positive BAC
level. Those 3 had been drinking driver's, representing 27 % of the total number-of drivers that
had been drinking and involved in a fatal crash in 2006.
SOLUTION:
There are many solutions to the alcohol-related problem described above but the Hawaii Police
Department (HPD) believes that enforcement is the strongest deterrent to drunk driving. HPD will use
sobriety checkpoints every week, or 52 weeks during the grant period in locations that show the
greatest possibility of arresting dninlC drivers:' HPD will also participate by increasing enforcement
during all national mobilization efforts as well as special holiday periods locally. HPD 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
Establish at least 100 impaired driving roadblocks with grant funds and 50
or more roadblocks with county funds, establishing roadblocks on all
major holidays.. ._ _.....
2. Effect at least 80 or more arrests for impaired driving at grant funded roadblocks
and 35 or more arrests at county funded roadblocks.
3. Effect 25 or more arrests for other. violations at grant funded roadblocks and
25 or more arrests at county funded roadblocks.
4. Issue 200 or more regulatory and moving citations for violations at grant funded
roadblocks and 150 or more regulatory and moving citations at county funded roadblocks.
5. Screen at least 21,325 vehicles or more while at impaired driving roadblocks.
6. Send (2) officers to attend National Lifesaver's Conference.
7. Send (2) officers to attend the Drug Recognition Expert (DRE) Conference.
8. Send (2) officers to Quarterly Statewide Traffic Commander's Meetings.
EVALUATION:
The overall goal of the project is to reduce the number of alcohol related traffic fatalities by 5% from
34 in FFY 2007 to 32 by FFY.2009. In addition, HPD will also look at increasing the number of DUI
arrests at sobriety checkpoints by 5%, from 65 to 68, and increasing the number of vehicles checked by
5%, from 20,310 to 21,325 vehicles.
EXHIBIT III
SCHEDULE B
SCHEDULE B
(1) PERSONAL SERVICES
Employee Salaries and Benefits
Position Title:
Salary: $ 540.00 (Day)
Fringe Benefit Rate:
Time to be spent on project: 380.5 hours
Total Salaries and Benefits: $ 68,500.00*
Air Travel.
To: Tennesee From: Hilo (x2 Peoole) Cost: $ $6.185.00*
To: -Arkansas From: Hilo (x2 Peonle) Cost: $ 5,000.00*
To: -Neighbor Islands- From: Hilo (x2 Peonle) _ Cost: $ 1.200.00*
Intea State
Inter State
Total Air Travel: $ 12,385.00*
Surface Travel
Car Rental: $75.00 per day X 18 days $ _ 1,350.00*
Private Car: (_ miles @ _ per mile)
Total Surface Travel: $ _ 1,350.00*
Per Diem
Intra State: 18 days @ $ 90 per day Total: $ _ 1,620.00* '
Inter State: 21_ days @ $ 145_ per day Total: $ _ 3,045.00*
Toia1 Per Diem: $ 4,665.00*
Tuition, Course. Reeistration and Misc. Fees
Lifesavers tuition Fee: 300 x 2 $ 600.00*
Excessive Lodeine Fee: $ 3.000.00*
Total Tuition and Misc.: $ $3,600.00*
TOTAL PERSONAL SERVICES: $ 90,500.00*
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
__ __ _ Offices ace _---.,_..__.._s ft $ _- - ers' ft~ ~ _ . __. ;._:....
Office Equipment (Attach detailed equipment schedule): $
Purpose of equipment must be detailed in Schedule A.
Puchased: $
Leased: $
of Shazed Equipment: $
Other Equipment (Specify type and cost on an attached schedule.): $ -•
Utilities ( % used for proj ect): $
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 (Shaze) Funds Requested* $
Agency (Share) Budget Item $
TOTAL PROJECT COST: $ 90.500.00*
Note: Identify all costs to be reimbursed by Federal funds with an asterisk (*).
EXHIBIT IV
SCHEDULE C
SCHEDULE C
HPD ROADBLOCK PROGRAM
Project Number:
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 yeaz, for all'
twelve months of the year.
.October December 2008 Conduct grant and county funded impaired driving roadblocks.•
Roadblocks to be scheduled during all major holidays Focus on
high crash azeas within al] districts. Attend Statewide Traffic
Commanders Meeting.
.December 2008-January
2009 Concentrated efforts during Christmas and New Yeazs Holidays,
along with media coverage.
January-Mazch 2009 Conduct grant and county funded impaired driving roadblocks.
Roadblocks to be scheduled during all major holidays. Attend
Lifesavers Conference. Attend Statewide Traffic Commanders
Meeting.
April-June 2009 Conduct grant and county funded impaired driving roadblocks.
Roadblocks to be scheduled during all major ho]idays. Attend
Statewide Traffic Commanders Meeting:
• f m
June-Jul 2009 •.
y rage
dnnktng du nag suttnmer mont ~ Media cooverage d unde
July-September 2009 Conduct grant and county funded impaired driving roadblocks.
Roadblocks to be scheduled during the Labor Day holiday.
Attend Statewide Traffic Commanders Meeting. Attend DRE
Conference.
EXHIBIT V
~~
SCHEDULE D
SCHEDULE D
Agreement of Understanding & Compliance
Project Number: OP06-05(02-H-02)
THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its
Duector of Transportation, hereinafter referred [o as "State," and the Governmental Unit named in this
application, hereinafter referred [o_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
--~- --- ---pp---- ----- - ------ --- -
WHEREAS; the above name APPLICANT7ras submitted an a lication 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
cos[ 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. I[ is mutually agreed andpromised 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. 1 I SK (a)). _ ~ ~ "~-~ ""-- _-_ "--
N. 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 willcomply with; Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to
2000d-4 (hereinafter referred [o 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 [o: The sale of real or personal property
.royalties received from copyrights and patents, sale of publications of 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.
VIL--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; 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. Certification Regarding Debarment and Suspension
A. Instructions for Certification
]. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set.out.be]ow. , . .., ..
2. The certifcation in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later detemuned 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 teams
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
hansaction," "participant," "person," "primary coveredtransaction; "'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 participanCifl a lowertiercovered-trapsaction thafifis 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 ofits -
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 normapy
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
deparhnent 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
I[ 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 ofDOT-assisted contracts:
XI. Requirements
A. It is mutually agreed and promised [hat 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
IJNDERSTANDBVG AND COMPLIANCE shall become effective upon the STATE'S
agreement and authorization to proceed as set forth in PART II (2) of this application.