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HomeMy WebLinkAboutCOM 0041.015 2008-2010 oJMiv OF it William P. Kenoi Harry S. Kubojiri Mayor Police Chief Paul K. Ferreira County of Hawaii Deputy Police Chief POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax(808)961-8865 October 23, 2009 TO J YOSHIMOTO, COUNCIL CHAIR AND COUNCIL MEMBERS VIA K Y OSHIRO, CONT LLER~ 00 FROM S. JI I, CE CHIEF 4 : r) SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 09-64, Section 7(1) 4:l l Name of Grant Program: Seatbelt Enforcement, Federal or State Grantor: State Department of Transportation Public Affairs Office-Safe Community Program County Grantee Department/Agency: County Police Department Grant No.: OP10-05(01-H-02) Amount of Grant: $72,000.00 Amount of County Match: None County Revenue & Expenditures Acct 010.201.5219.76; 3302.56 Grant Period: October 1, 2008 - September 30, 2009 Purpose of Grant: To reduce fatalities and injuries to front seat occupants and rear seat occupants aged 17 and under by increasing the usage of seatbelt. Is final report required by grantor? yes Notification Attached: yes Gomm. No. • S Ref. To: Ref, Gate N O V 0 5 2„009 "Hawai`i County is an Equal Opportunity Provider and Employer, STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: OP10-05 (01-H-02) Page 1 (To be completed by applicant agency) 1. Grant Title Hawaii Police Department Seat belt 2. Name and Address of Applicant Agency 4. Duration Hawaii Police Department Month - Day - Year 349 Kapi`olani St. Hilo, Hawaii 96720 A. Grant Period From: 10-01-09 To: 09-30-2010 3. Agency Unit to Handle Grant (Name and Address) Hawaii Police Department B. Project Period 349 Kapi`olani St. From: 10-01-09 Hilo, Hawaii 96720 To: 09-30-2010 5. Location of Project 6a. Type of Application Hawaii Police Department (Check Appropriate Item) 349 Kapi`olani St. Zlnitial ?Revision ?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.) The project objectives are to reduce fatalities and injuries to front seat occupants, and rear seat occupants aged 17 and under, of motor vehicle collisions by increasing the usage rate of seat belts 8. Federal funds allocated under this agreement shall not exceed $72,000.00 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 Kuboj iri Phone: Name: William Kenoi Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-M il: E-Ma' SEP 2 5 2009 nature) (Date) (Signature) (Date) To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09 • a IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed. APPROVED AS TO FORM AND LEGALITY: C rporation C unsel STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On SEP 2 5 2009 , before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that WILLIAM P. KENOI is the 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 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 WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. L S Adzlftt1 6,1t~L Notary Public, State of Ha `i Printed Name: NADINE H.-POMROY° My commission expires: 07/12/2013 NOTARY CERTIFICATION STATEMENT Document Identification or Description: of ati,-- q~QInE.P~ Tki6z- qq ~J Doc. Date: &2te/U,1A 6N )Ar ? Undated at time of notarization. S No. of Pages: Jurisdiction: Circuit ' SEP 2 5 2009 Signature of Notary Date of Notarization and Certification Statement NADINE H. POMROY Printed Name of Notary STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT - PART II Grant No: OP10-05 (01-H-02) Page 2 (To be completed by Highway Safety Office) 10. Grantee: Hawai'i Police Department 11. Standard Area: Occupant Protection 13a. Federal Fiscal Year: 2010 12. Effective Date of Agreement:Oct 1, 2009 - Sep 30, 2010 13b. Addendum: ?Yes ®No 14. Benefit of: ?State ®County 15. Action Taken 16. Funding Disposition & Status Grant agreement approved Fiscal Year Amount 2006 100,000.00 2007 59,000.00 2008 74,500.00 2009 76,000.00 2010 72,000.00 Total $381,500.00 Present Obligation $72,000.00 Previously Obligated $309,500.00 TOTAL FUNDS OBLIGATED $381,500.00 17. Budget Summary (From Schedule B - Detailed Budget Estimate - Fiscal Year Grant Period Endin : Cost Category Cost Estimates A. Personnel Costs 72,000.00 B. Travel Expenses 0.00 C. Contractual/Consultant Services 0.00 D. Equipment 0.00 E. Other Direct Costs 0.00 TOTAL FEDERAL FUNDS $ 72,000.00 18. Grant A roval & Authorization to Expend Obligated Funds A. Approval Recommended By B. Agreement & Funding Authorized By (Program Area Specialist) (Highway Safety Manager Name: Lee Nagano Name: Lee Nagano Title: Highway Safety Manager Title: Highway Safety Manager Phone/E-Mail: (808)587-6301/lee.nagano Phone/E-Mail: (808)587-6301/lee.nagano @haw~,11.gov @ waii..ov (Sig u (DA) (Signatur (Date) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT - PART III Grant No: OP10-05 (01-H-02) Page 3 (To be completed by Highway Safety Office) 19. Addendum (For Highway Safety Office Use Only) EXHIBIT II SCHEDULE A i SCHEDULE A HPD SEAT BELT PROBLEM IDENTIFICATION Safety belts, when used correctly, reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent. For light truck occupants, safety belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 percent. Ejection from the vehicle is one of the most injurious events that can happen to a person in a crash. Nationally, in fatal crashes in 2006, 75 percent of passenger vehicle occupants who were totally ejected from the vehicle were killed. Safety belts are effective in preventing total ejections: only one percent of the occupants reported to have been using restraints were total ejected, compared with 31 percent of the unrestrained occupants. (NHTSA's Traffic Safety Facts 2006 Data). The seat belt observation survey in June 2008 showed that Hawai'i had a seat belt use rate of 97.01%, which is among the top ten states in the nation. On The Big Island, seat belt use rates among vehicle occupants was the third lowest in the state, with a June 2008 observed usage rate of 97.04%. In the June 2006 observation period on the Big Island, we were the lowest ranked island in the state for seat belt use, with 89.54%. Though we have shown improvement, we need to continue to strive for more seat belt usage on our island. See Table I for seat belt use by counties. Table I Seat Belt Use by County, 2008 Island Total Belted Total Observed % Total Belted Oahu 31,622 32,865 96.22% Maui 9,232 9,380 98.42% Hawai'i 8,066 8,312 97.04% Kauai 7,064 7,153 98.76% Total 55,984 57,710 97.01% Also, the Hawai' i Police Department was active in providing seat belt violations with over three thousand citations given during FFY 2008. See Table II for occupant protection enforcement statistics. Table II Occupant Protection Enforcement Statistics FFY 2008 Honolulu Hawaii Maui County Kaua'i Total County County Grant 2,215 11035 2,871 463 6,584 Funded S.B. Citations County 3,809 2,024 N/A** 540 6,373 Funded S.B. Citations Grant 100, 78 46 23 247 Funded C.R. Citations County 802 465 N/A** 56 11323 Funded C.R. Citations Maui county funded seatbelt/child restraint citations were not available at this time. Although, the seat belt use rate statewide is high, Fatal Analysis Reporting System (FARS) statistics show a completely different picture. Statewide only 37.2% of the vehicle occupants were wearing seat belts. On the Big Island, 23.5% of the 17 fatal motor vehicle occupants were wearing their belts. Had the 13 that did not wear seat belts worn them, about half of them could have survived resulting in a reduction of the total fatalities in Hawai'i County. See Table III on restraint system use- vehicle occupancy fatalities by county. Table III 2008 Restraint System Use-Vehicle Occupancy Fatalities by County Total Belted Total Occupants Percent usage C&C Honolulu 6 17 35.2% Hawai'i County 4 17 23.5% Maui County 4 15 26.6%0 Kaua'i County 8 10 80.0% Total 22 59 37.2% In 2008, our early estimates show that we lost 107 people in traffic crashes of which 59 were riding in a motor vehicle. If all of the motor vehicle occupants were wearing their seat belts than almost 28 (based on 45% effectiveness of seat belts in serious crashes) of them would be alive today. The lack of use of seat belts continues to be a big problem in the State as well as on the Big Island of Hawai'i. Research on the effectiveness of child safety seats in passenger cars has found them to reduce fatal injury by 71% for infants (less than one year old) and by 54% for toddlers (1-4 years old). For infants and toddlers in light trucks, the corresponding reductions are 58% and 59%, respectively (NHTSA's NCSA 2003). Hawai'i County is well below the national usage figure of 930/0 for toddlers, with a 65.25% usage rate in June 2008, and had a 94.64 % compliance rate for infants compared to 98% for infants nationally. However, the 75% overall use rate for children should be much higher in order to provide the best protection for children while riding in a motor vehicle. See Table IV for 2008 restraint use for children less than 4 years of age. Table IV Overall Restraint Use Rates for Children Under 4 years of age By Island, 2008 Usage Rate Oahu Maui Hawaii Kaua'i Total Infants 96.12% 98.82% 94.64% 100% 97.4% Toddlers 78.88% 94.87% 65.25% 80.95% 80.0% Total 86.0% 97.0% 75.0% 86.0% 86.0% SOLUTION The Hawaii Police Department (HPD) believes that enforcement is the key to making people use their seat belts while on our roadways. HPD will implement an aggressive seat belt enforcement program through out FFY 2010. HPD will also participate in the National "Click It or Ticket" campaign during May 24 to June 6, 2010 and other mobilizations efforts by NHTSA. HPD will also enforce the Child Restraint law. STRATEGIES In addition, Hawaii Police will: 1. Conduct at least 100 seat belt checkpoints. 2. Issue 1,500 or more citations for seat belt and child restraint with grant funds. 3. Issue 500 or more citations for other violations, both moving and regulatory. 4. Effect 25 or more arrests during enforcement projects. 5. Conduct media campaigns during "Click it or Ticket" and other enforcement periods. 6. Participate in National "Click it or Ticket" Campaign. EVALUATION The goal of this project is to increase the use of seat belts by 2% from 97.04% to 98.9% by the end of FFY 2010. HPD will also increase the number of seat belt citations issued by 5% from 3,059 to 3,211 and increase the seat belt use percentage of fatal motor vehicle occupants by 10% from 23.5% to 25.85%. HPD's goal for the child restraint usage is to increase it by 10% from 75% to 82.5%. SCHEDULE B Exhibit III Page 1 Detailed Budget Estimate Grant No OP 10-05 (01-H-02) 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): 1 Supervisor--$52/per hour $52.00 x 3 hours x100 checkpoints 15,300 3 officers-$48/hour each officer $48 x 3 hours x 3 officers x 100 checkpoints 43,200 Fringe Benefit Rate: 22 % 12,870 Time to be spent on project: 1,200 hours Category Sub-Total $72,000 B. Travel Expenses In-State Event/Conference: Air Travel: To: From: Surface Travel: Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: OP10-05 (01-H=02) COST CATEGORY COST ESTIMATES Per Diem: days @ $ per day Baggage Fee: Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Out-of-State Event/Conference: Air Travel: To: From: Surface Travel: Car Rental (daily rate, # of days, fuel, taxes, etc.) Private Car: ( miles @ per mile) Per Diem: days @ $ per day Baggage Fee: Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Category Sub-Total C. Contractual/Consultant Services Category Sub-Total SCHEDULE B Exhibit III Page 3 Detailed Budget Estimate Grant No: OP10-05 (01-H-02) COST CATEGORY COST ESTIMATES D. Equipment Category Sub-Total E. Other Direct Costs Category Sub-Total GRANT TOTAL $72,000 SCHEDULE B-1 Exhibit III Grant No: OP10-05 (01-H-02) BUDGET NARRATIVE PAGE # Personnel Costs Hawai'i Police Department will conduct 100 seat belt checkpoints throughout the grant period. These activities will be conducted on an overtime basis. The checkpoint will be staffed with 1 supervisor and three officers. Costs are estimated based on an average overtime hourly rate of $52 per hour for supervisors and $48 per hour for officers. Average hourly rates are used because exact overtime rates vary within the department depending on rank and years of service.Which personnel will be staffing which checkpoint is undetermined at the outset of the grant period. We also need to note that the officers are scheduled to receive a 6% pay raise on July 1, 2010 which will add another variable to the cost factor for these checkpoints. Hourly rates do not include fringe benefits. Travel Expenses Contractual/Consultant Services Equipment Other Direct Costs SCHEDULE C Exhibit IV Grant No: OP-10-05 (01-H-02) MILESTONES PAGE # Month Activity October 2009-December 2009 Seat belt Enforcement projects conducted island wide January 2010-March 2010 Seat belt Enforcement projects conducted island wide April 2010-June 2010 Seat belt Enforcement projects conducted island wide. Participation in National "Click It or Ticket" program in May. Media campaign. July 2010-September 2010 Seat belt Enforcement projects conducted island wide EXHIBIT V SCHEDULE D SCHEDULED Exhibit V AGREEMENT OF UNDERSTANDING & COMPLIANCE Grant No: OP10-05 (01-H-02) THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation, hereinafter referred to as "State," and the Governmental Unit named in this application, hereinafter referred to as "Applicant." WHEREAS, the National Highway Safety Act of 1966 (Public Law 89-564) provides Federal funds to the STATE for approved highway safety projects, and WHEREAS, STATE may make said funds available to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, and WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received, and WHEREAS, the above name APPLICANT has submitted an application for Federal funds for highway safety projects. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. 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. I I8K (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 copyri ghtable 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 11 (2) of this application.