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HomeMy WebLinkAboutCOM 0081.010 2014-2016William P. Kenoi Mayor DATE; TO: VIA: FROM County of Hawaf i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax(808)961-2389 September 10, 2015 DRU MAMO KANUHA, COUNCIL CHAIR AND COUNCIL MEMBERS K OSHIRO ONTROLLER FY . U OJIRI, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Aggressive Driving Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): Amount of Grant: $60,112.00 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief C-) on CD Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5216.30:3308.17 Grant Period (Commencement & Completion): October 1, 2015 to September 30, 2016 Purpose of Grant: To increase the number of aggressive driving and speeding type citations issued. Is final report required by grantor? Yes ❑ No Notification attached: Yes ❑ No, because "Hawai' i County is an Equal Opportunity Provider and Employer" Comm. No. Ref. To: Ref. Date SEP 2 2 2015 Form NGAI I iO5 EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: Pae 1 To be completed by applicant agency) 1. Grant Title Hawai' i Police Department Aggressive Driving 2. Name and Address of Applicant Agency 4. Duration Hawai' i Police Department Month — Day — Year 349 Kapi`olani St. Hilo, Hawai' i 96720 A. Grant Period From: 10-01-15 To: 09-30-2016 3. Agency Unit to Handle Grant (Name and Address) Hawaii Police Department B. Project Period 349 Kapi`olani St. From: 10-01-15 Hilo, Hawaii 96720 To: 09-30-2016 5. Location of Project 6a. Type of Application Hawai' i Police Department (Check Appropriate Item) 349 Kapi`olani St. ®Initial ❑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.) Hawaii Police Department (HPD) will issue 1,000 or more speeding and aggressive driving -related citations with grant funds in Federal Fiscal Year (FFY) 2016. 8. Federal funds allocated under this agreement shall not exceed $60,112 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 Hi hwa Safety Project is requested. 9a. Grant Director 9b. Authorizing Official of Agency Unit Name: Harry S. Kubojiri Phone: Name: William P. Kenoi Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E -Mail: E -Mail: SEP 112015 kignature) ( (Date) (Signature) (Date) To be prepared by ap2licant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09 Signature Attachment: Grant Title: Hawaii Police Department Aggressive Driving Grant Grantor: State Department of Transportation Motor Vehicle Safety Office Grant Period: 10/1/2015-9/30/2016 Amount of Grant: $60,112.00 Fiscal Year: 2015-2016 APPROVED AS TO FORM AND LEGALITY: Corporation Counsel County of Hawaii Date: STATE OF HAWAI'I ) SS. COUNTY OF HAWAI'I ) On , before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawai'i, a municipal corporation of the State of Hawai'i; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai'i, the foregoing instrument was signed and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of Hawai'i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawai'i. Notary Public, State of Hawai'i Printed Name: My commission expires: NOTARY CERTIFICATION STATEMENT Document Identification or Description: Doc. Date: No. of Pages: Signature of Notary Print Name of Notary Undated at time of notarization Jurisdiction: Date of Notarization and Certification Statement STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT — PART H Grant No: Page 2 To be completed by Hi hwa Safety Office 10. Grantee: 11. Standard Area: 13a. Federal Fiscal Year 13b. Addendum: ❑Yes []No 12. Effective Date of Agreement: - 14. Benefit of: []State ❑County 15. Action Taken 16. Funding Disposition & Status Fiscal Year Amount Total $ Present Obligation $ Previously Obligated $ TOTAL FUNDS OBLIGATED $ 17. Budget Summa(From Schedule B — Detailed Budget Estimate — Fiscal Year Grant Period Ending: Cost Category Cost Estimates A. Personnel Costs B. Travel Expenses C. Contractual/Consultant Services D. Equipment E. Other Direct Costs TOTAL FEDERAL FUNDS $ 18. Grant Approval & Authorization to Expend Obligated Funds A. Approval Recommended By B. Agreement & Funding Authorized By (Program Area Specialist) (Highway Safety Manager) Name: Name: Title: Title: Phone/E-Mail: Phone/E-Mail: (Signature) (Date) (Signature) (Date) STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT — PART III Grant No: �— Page 3 (To be completed by Hiahwav Safetv Office) 19. Addendum (For Highway Safety Office Use Only) EXHIBIT II SCHEDULE A SCHEDULE A PROBLEM STATEMENT Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropriate data relevant to the problem. Collision/fatalities data appropriate to the identifiedproblem and a brief analysis of the data is required. When available, three years of data should be presented and analyzed When identifying the problem, take into consideration changes in population, traffic patterns and other demographic dynamics that may affect traffic safety. 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 contributing to traffic crashes. The National Highway Traffic Safety Administration (NHTSA) estimates that the economic costs to society of speed -related crashes to be $40.4 billion per year. Speeding -related deaths nationwide account for nearly a third of all traffic fatalities each year., taking close to 10,,000 lives. • 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 negotiate 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 hazard. • 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 hardware such as guardrails, barriers and impact attenuators to protect occupants. • Increases tread wear 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) It is clear that aggressive driving is a growing problem in West Hawai' i. Law enforcement knows, based on experience and enforcement efforts, that the Queen Ka'ahumanu Highway, Hawai' i Belt Road, Route 190, and Route 11 in the Kona, South Kohala, and Ka'u districts are hot spots for aggressive driving. See Table I. Table I West Hawaii Fatalties 2006-2014 Year 2006 2007 2008 12009 2012 2010 2011 2012 12013 12,518 2014 Total Fatalities (HI 33 37 27 22 27 22 38 25 11 County) Aggressive Driver Grant 1,329 1,116 1,589 1,136 897 1,029 Total 15,305 West Hawaii 9 10 10 7 4 5 10 11 2 Fatalities • Consistent enforcement is one of the strongest deterrents to the aggressive driving and excessive speeding problems on Queen Ka'ahumanu Highway, Hawai' i Belt Road, Route 190, and Route 11 in the Kona, South Kohala, and Ka'u Districts. See Table II. Table II HPn Tssued Sneedina Citations (2009-2014) Year 2009 2010 2011 2012 2013 2014 County- funded Speed Citations 12,518 10,458 9,052 9,590 9,382 9,400 Speed Grant 1,458 1,232 1,642 1,622 1,481 1,389 Aggressive Driver Grant 1,329 1,116 1,589 1,136 897 1,029 Total 15,305 12,806 12,283 12,348 11,760 11,818 • Additionally, due to the newly designed Daniel K. Inouye Highway/Route 200 (aka Saddle Road), speeding and aggressive driving on this major highway has become a major concern. This highway is now the primary commuting route for East and West Hawai'i. Officers who enforce speeding on Daniel K. Inouye Highway have consistently issued speeding citations in excess of 80 mph. GRANT GOALS Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant and represent an end result. Grant goals should be stated in measurable terms ( i. e., a percent reduction), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by" date). Please notate baseline from which the reduction/increase will result. Hawai' i Police Department (HPD) will issue 1,000 or more speeding and aggressive driving - related citations with grant funds in Federal Fiscal Year (FFY) 2016. GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish the grant goal(s) (e.g., develop permanent fitting stations for child restraints, enforcement activities, educational activities, etc). Grant objectives should be stated in measurable terms ( i. e., a percent reduction, number of training to be held, number of roadblocks, etc), be concise and deal with a specific item, be realistic with a reasonable probability of achievement, and be related to a specific time frame (a "by" date). Please notate baseline from which the reduction increase will result. In addition, HPD will: 1. Conduct 100 checkpoints, specifically on Queen Ka'ahumanu Highway, Hawai' i Belt Road, Route 190, and Route 11 in the Kona, South Kohala, and Ka'u Districts, enforcing excessive speed and aggressive driving violations. Additionally, conduct speed and aggressive driving enforcement on Daniel K. Inouye Highway which covers the districts of North Hilo, South Hilo, Hamakua, and South Kohala. 2. Issue 200 or more citations for other violations with grant funding. 3. Conduct a media campaign and/or send letters to registered vehicle owners relative to aggressive driving and the enforcement efforts of the department. 4. Purchase 10 LTI TruSpeed laser units. 5. Purchase 20 Whelen VERTEX Super -LED Light kits for Traffic Enforcement Unit officer to conduct speed and aggressive driving enforcement with unmarked vehicles. METHOD OF EVALUATION Using data gathered throughout the grant period, the grant manager will evaluate (1) how well the stated grant goals and objectives were accomplished, and (2) was the grant cost effective? How are you going to show effectiveness of your project? What will be the impact of the project on your identified problem and goal(s)? Provide details on the method of evaluation. HPD will properly record the number of grant -funded speeding and aggressive driving -related citations. Evaluate if HPD has obtained the grant goal and objectives listed above. EXHIBIT III SCHEDULE B SCHEDULE B Exhibit III Page 1 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES A. Personnel Costs Employee Salaries and Benefits Position Title(s) and Full-Time/Part-Time Yearly Salary: Fringe Benefit Rate: _ % Time to be spent on project: hours Position Title(s) and Overtime Hourly Rate(s): 1 Supervisor--$52/per hour $52.00 x 2 hours x 100 checkpoints $10,400.00 2 officers-$48/hour each officer $48 x 2 hours x 2 officers x 100 checkpoints $19,200.00 Fringe Benefit Rate: 22 % $6,512.00 Time to be spent on project: 200 hours Category Sub -Total $36,112.00 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: 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: COST CATEGORY COST ESTIMATES D. Equipment (10) LTI TruSpeed Laser Units (20) Whelen Vertex Super -LED Light Kits $20,000.00 $4,000.00 Category Sub -Total $24,000.00 E. Other Direct Costs Category Sub -Total GRANT TOTAL $60,112.00 SCHEDULE B-1 Grant No: Exhibit III BUDGET NARRATIVE PAGE #1 of 1 vai' i Police Department will conduct 100 aggressive driving checkpoints throughout the grant period. se activities will be conducted on an overtime basis. The checkpoints will be staffed with one (1) �rvisor and two (2) officers. Costs are estimated based on an average overtime hourly rate of $52 hour for supervisors and $48 per hour for officers. Average hourly rates are used because exact rtime rates vary within the department depending on rank and years of service. Which personnel . be staffing which checkpoint is undeterminded at the outset of the grant period. zrly rates do not include fringe benefits. hase 10 LTI TruSpeed laser units to provide additional lasers for officers on a daily basis. department's patrol and traffic force consist of 242 officers. We have received approximately 48 laser is over the past six years through grant funding lase (20) Whelen Vertex Super -LED Light Kits for Traffic Enforcement Unit officers to perform their responsibilities as an unmarked unit to increase the opportunity to obtain traffic violations and drunk Direct Costs EXHIBIT IV SCHEDULE C SCHEDULE C Grant No: Exhibit IV MILESTONES PAGE #1 Month Activity October 2015 -December 2015 Conduct checkpoints and roving patrol projects in the stated problem areas. January 2016 -March 2016 Conduct checkpoints and roving patrol projects in the stated problem areas. Purchase Laser Speed Units. Purchase Whelen Vertex Super -LED Light Kits April 2016 -June 2016 Conduct checkpoints and roving patrol projects in the stated problem areas. July 2016 -September 2016 Conduct checkpoints and roving patrol projects in the stated problem areas. EXHIBIT V SCHEDULE D SCHEDULED Exhibit V AGREEMENT OF UNDERSTANDING & COMPLIANCE Grant No: THIS AGREEMENT made and entered into by and between the STATE OF HAWAII by and through its Director of Transportation, hereinafter referred to as "State," and the Governmental Unit named in this application, hereinafter referred to as "Applicant." WHEREAS, the National Highway Safety Act of 1966 (Public Law 89-564) provides Federal funds to the STATE for approved highway safety projects, and WHEREAS, STATE may make said funds available to various state, county or municipal agencies or governments or political subdivisions upon application and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, and WHEREAS, STATE is obligated to reimburse the UNITED STATES DEPARTMENT OF TRANSPORTATION out of its funds for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received, and WHEREAS, the above name APPLICANT has submitted an application for Federal funds for highway safety proj ects. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: I. Reimbursement of Eligible Expenditures A. It is mutually agreed and promised that upon written application by APPLICANT and approval by STATE and the UNITED STATES DEPARTMENT OF TRANSPORTATION, STATE shall obligate said Federal funds to APPLICANT'S account for reimbursement of eligible expenditures as set forth in the application. B. It is mutually agreed and promised that APPLICANT shall reimburse STATE for any ineligible or unauthorized expenditures for which Federal funds have been claimed and payment received as determined by a State or Federal audit. Costs are not allowable for construction, rehabilitation, remodeling, or for office furnishings and fixtures - for State, local or private buildings or structures. The following are examples of items considered as furnishings or fixtures, for which reimbursement is not eligible: Desks Credenzas Storage Cabinets Chairs Bookcases Portable Partitions Tables Filing Cabinets Pictures, Wall Clocks Shelving Floor Coverings Draperies Coat Racks Office Planters Fixed Lighting/Lamps C. It is further agreed and promised that where reimbursement is made to APPLICANT in installments, STATE shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or corrected by APPLICANT. II. Property Agreement A. It is mutually agreed and promised that the APPLICANT shall immediately notify the STATE if any equipment purchased under this project ceases to be used in the manner as set forth by the project agreement. In such event, APPLICANT further agrees to either give credit to the project cost or to another active Highway Safety project for the residual value of such equipment in an amount to be determined by the STATE, or to transfer or otherwise dispose of such equipment as directed by STATE. B. It is mutually agreed and promised by the APPLICANT that no purchased equipment under this project will be conveyed, sold, salvaged, transferred, etc. without the express written approval of the STATE. C. It is mutually agreed and promised that the APPLICANT shall maintain or cause to be maintained for its useful life, any equipment purchased under this project. III. Application of Hatch Act A. It is mutually agreed and promised that the APPLICANT shall notify all employees of the APPLICANT, whose principal employment is in connection with any Highway Safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12 (a) of the Hatch Act [5 U.S.C. 118K (a)]. IV. Equal Opportunity A. It is mutually agreed and promised that pursuant to the requirements of Section 22 (a) of the Federal -Aid Highway Act of 1968, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975, the APPLICANT, as a condition to receiving approval of this application submitted under the Highway Safety Act of 1966, hereby gives its assurance that employment in connection with the subject Highway Safety Program project will be provided without regard to race, color, creed, sex, handicap, age, or national origin. The APPLICANT further agrees that, as a condition to receiving approval of this application, it will be subject to, and will comply with, Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 (hereinafter referred to as the Act), and all applicable requirements pursuant to the Regulations of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, which have been adopted by the Department of Transportation, and hereinafter referred to as the Regulations), to the end that, in accordance with the Act and the Regulations, no person in the United States shall on the ground of race, color, creed, sex, handicap, age, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject Highway Safety Program or project. B. It is mutually agreed and promised that if the APPLICANT fails or refuses to comply with its undertaking as set forth in these provisions, the STATE of the UNITED STATES DEPARTMENT OF TRANSPORTATION may take any or all of these following actions. (1) Cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and (2) Refrain from extending any further Federal financial assistance to the applicant agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the applicant agency. V. Non -duplication of Grant Fund Expenditures A. It is mutually agreed and promised that the APPLICANT has no ongoing or completed projects under agreement with any other Federal fund source which duplicate or overlap any work contemplated or described in this project. B. It is mutually agreed and promised that the APPLICANT will either revise this project or revise any pending or proposed request for other Federal grant funds which would duplicate or overlap work under this project to exclude any such duplication of grant fund expenditures. C. It is further mutually agreed and understood that the APPLICANT shall reimburse the STATE OF HAWAII for any such duplicate expenditures for which Federal grant funds have been claimed and payment received as determined by State or Federal audit. VI. Project Income and Applicable Credits A. It is mutually agreed and understood that the APPLICANT shall apply all proceeds or credits generated under the project, such as but not restricted to: The sale of real or personal property royalties received from copyrights and patents, sale of publications or from personal or incidental services, to the project in accordance with OMB Circular A-87 (FMC 74-7) or A-21, as applicable and NHTSA/FHWA Order 460-4/7510.1. VII. Copyrights and Patents A. It is mutually agreed that any copyrightable materials produced in the course of a project may be the property of the State or applicant agency; however, provisions should be made to obtain for the United States Government, the State Governments and their political subdivisions a royalty -free nonexclusive, and irrevocable license to use in any manner such copyrightable material. B. It is mutually agreed that the ownership of all rights accruing from any patentable discoveries or inventions resulting from a project should be covered in the agreement. An irrevocable, nonexclusive, nontransferable, and royalty -free license to practice each discovery or invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method developed as part of the work under the agreement should be obtained for the United States Government, the State Governments and their political subdivisions. VIII. Certification Regarding Debarment and Suspension A. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below.) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. X. Minority Business Enterprise Requirements It is the policy of the Department of Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. XI. Requirements A. It is mutually agreed and promised that the applicant shall follow the State and Federal requirements and guidelines set forth in the State of Hawaii Project Procedures Manual as amended. All project expenditure records are to be retained for at least three years after the date of the final expenditure report. XII. Authorization to Proceed A. It is mutually agreed between the STATE and the APPLICANT that this AGREEMENT OF UNDERSTANDING AND COMPLIANCE shall become effective upon the STATE'S agreement and authorization to proceed as set forth in PART II (2) of this application.