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Home My WebLink AboutCOM 0052.003 2016-2018 1+11 oe N, ,. Harry Kim Paul K. Ferreira Police Chief Mayor n`.`,1�.;��' Kenneth Bugado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-8865 ' CD c-< DATE: September 14, 20170 TO: VALERIE T. POINDEXTER, COUNCIL CHAIR AND COUNCIL MEMBERS VIA: 1(A)//e_..(._.,02) IRO, CONT FROM: &..PAUL K. FERREIRA, POLICE CHIEF RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 10-59, SECTION 7(1) Name of Grant Program: Occupant Protection Program Grantor: State Department of Transportation County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): Amount of Grant: $78,869.00 Amount of County Match: none County Revenue & Expenditure Account Numbers: 010.201.5219.76:3302.56 Grant Period (Commencement& Completion): October 1, 2017 to September 30, 2018 Purpose of Grant: To increase the number of seatbelt and child restraint citations issued. Is final report required by grantor? x Yes No Notification attached: x Yes No, because COMM. No. S a-.3 Ref. To: Ref. Date OCT. 1 Q 2117 . "Hawai'i County is an Equal Opportunity Provider and Employer" Form NGAI 1/05 EXHIBIT I STATE OF HAWAII HIGHWAY SAFETY PROJECT GRANT AGREEMENT STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT Grant No: Page 1 (To be completed by applicant agency) 1. Grant Title Hawai'i Police Department Seat Belt 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: 10-01-2017 To: 09-30-2018 3. Agency Unit to Handle Grant(Name and Address) Hawai'i Police Department B. Project Period 349 Kapi`olani St. From: 10-01-2017 Hilo, Hawaii 96720 To: 09-30-2018 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.) In Federal Fiscal Year(FFY)2018,HPD will issue 900 or more seat belt citations and 50 or more child restraint citations during grant-funded projects. 8. Federal funds allocated under this agreement shall not exceed $78,869.00 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: Paul K. Ferreira Phone: Name: Harry Kim Phone: Title: Police Chief Fax: Title: Mayor Fax: Address: Address: E-Mail: E-Mail: SEP 1.8 2017 (Signature) (Date) (Signature) (Date) To be prepared by applicant,use separate sheets as required. Form HS 3-71 Rev. 8/6/09 • ' r Signature Attachment: Grant Title: Hawaii Police Department Seatbelt Grantor: State Department of Transportation Motor Vehicle Safety Office Grant Period: 10/1/2017-9/30/2018 Amount of Grant: $78,869.00 Fiscal Year: 2017-2018 APPROVED AS TO FORM AND LEGALITY: Corporation Counsel County of Hawaii Date: STATE OF HAWAII HIGHWAY SAFETY OFFICE GRANT AGREEMENT—PART II Grant No: Page 2 (To be completed by Highway Safety Office) 10. Grantee: 11. Standard Area: 13a. Federal Fiscal Year 12. Effective Date of Agreement: _ 13b. Addendum: EYes ❑No 14. Benefit of: ❑State County 15. Action Taken 16.Funding Disposition& Status Fiscal Year Amount Total $ III Present Obligation $ Previously Obligated $ TOTAL FUNDS OBLIGATED $ 17. Budget Summary(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 Highway Safety Office) 19. Addendum (For Highway Safety Office Use Only) EXHIBIT II SCHEDULE A Schedule A HPD Seat Belt PROBLEM STATEMENT Idents the traffic safety related problem or deficiency that the proposed grant is intended to correct. Idents and gather appropriate data relevant to the problem. Collision/fatalities data appropriate to the identified problem 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. 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. In fatal crashes from 2003-2007 only 2.0 percent of passenger vehicle occupants who were restrained were ejected from their vehicles, while 35.3 percent of the unrestrained occupants were ejected. Unrestrained occupants were therefore 17.7 times as likely to be ejected from their vehicles, compared to restrained occupants (NHTSA 2009). Over the past six years (2010-2016), Hawaii County reported 175 fatalities island wide. Of the 175 fatalities, 46 occupants (26%) were not restrained during the traffic collision. See Table I Unrestraint Occupancy Fatalities for Hawaii County (2010-2016). Table I Unrestraint Occupancy Fatalities for Hawaii County Year Unrestrained Total Fatalities Percentage 2010 6 27 22% 2011 7 23 30% 2012 14 38 37% 2013 6 25 24% 2014 2 11 18% 2015 5 19 26% 2016 6 32 19% Total • 46 175 26% If all of the unrestrained occupants were in a motor vehicle and were wearing their seat belts then 20 (based on 45% effectiveness of seat belts in fatal crashes) of them would be alive today. The survival rate would be higher if the unrestrained occupants were in a light truck based on 60% effectiveness of seat belts in fatal crashes. The Hawai',i Police Department (HPD) has issued 5,716 seat belt citations and 294 child restraint citations over the past six years with grant funds. See Table II HPD Occupant Protection Enforcement Statistics. Table II HPD Occupant Protection Enforcement Statistics 2011-2016 2011 2012 2013 2014 2015 2016 Total Grant 1,208 983 837 885 877 926 5,716 Funded S.B. Citations Grant 78 46 40 44 48 38 294 Funded C.R. Citations County 2,598 2,926 2,958 3,446 3,176 3,251 18,355 Funded S.B. Citations County 498 564 472 401 331 308 2,574 Funded C.R. Citations 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). The 2013 Hawai'i Child Restraint Survey Report, Table III shows that Hawaii County had the lowest use rate of infant and toddler restraint use in 2013, which was a drastic decline from the 2012 report of 90.91%(infant); 95.35% (toddlers); and 93.13% (overall): Table III Overall Restraint Use Rates for Children Under 4 years of age By Island, 2013 Child Restraint Report Usage Rate Oahu Maui Hawaii Kauai Total Infants 100% 100% 50% 100% 87.5% Toddlers 82.39% 93.33% 68.12% 79.03% 80.72% Total 85.11% 94% 65.82% 80.88% 81.45%. The 2014 Hawai'i Child Restraint Survey Report showed Hawaii County showed in improvement with the infant use (94.74%), but another decline in the toddler use (65.77%). The 2016 Winter Hawai'i Child Restraint Survey Report showed the infant use rate declined again (60.00%), which was also the lowest use rate in the State. The toddler use rate for Hawai'i County was 58.14%. Studies show that Hawai'i County continues to decline in both toddler and infant child restraint use, and continued funding for enforcement is vital for HPD to increase its occupant protection safety use. HPD believes in aggressive enforcement island wide is the best solution to reducing the fatality rate as a result of unrestrained vehicle occupants. 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. In Federal Fiscal Year (FFY) 2018, HPD will issue 900 or more seat belt citations and 50 or more child restraint citations during grant-funded projects. 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 at least 92 seat belt checkpoints. 2. Conduct at least eight (8) child passenger seat checkpoints. 3. Issue 200 or more Mobile Electronic Device (MED) citations with grant funds. 4. Issue 800 or more citations for other violations, both moving and regulatory. 5. Conduct media campaigns during "Click It or Ticket"and other enforcement periods. 6. Participate in the 2016 National "Click It or Ticket"Campaign. 7. Send two representatives to the Proclamation Signing on Oahu for the National Child Passenger Safety Week. 8. Send one representative to the monthly Statewide Child Passenger Safety Meeting on Oahu. 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 seat belt and child restraint citations issued during FFY 2018. Evaluate if HPD has obtained the grant goal and objectives listed above. '1 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--$55/per hour $55 x 3 hours x100 checkpoints $16,500.00 3 officers-$50/hour each officer $50 x 3 hours x 3 officers x 100 checkpoints $45,000.00 Fringe Benefit Rate: 22 % $13,530.00 Time to be spent on project: 300 hours Category Sub-Total $75,030.00 B. Travel Expenses In-State Event/Conference: Proclamation Signing on Oahu Child Passenger Safety Week Air Travel: $500.00 To: Honolulu, Hawaii From: Hilo, Hawaii Surface Travel: Car Rental (daily rate,# of days, fuel,taxes, etc.) $134.00 Private Car: ( miles @ per mile) SCHEDULE B Exhibit III Page 2 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES Per Diem: 1 days @ $20.00 X 2 representatives $40.00 Airport Parking X 2 representatives $30.00 Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: In-State Event/Conference: Monthly Child Passenger Safety Meeting Air Travel: (11 roundtrip) $2,750.00 To: Honolulu, Hawaii From: Hilo, Hawaii Surface Travel: Car Rental (daily rate, # of days,fuel, taxes, etc.) Private Car: ( miles @ per mile) Per Diem: $220.00 11 days @ $20 per day Airport Parking in Hilo: $15 x 11 meetings ( $165.00 Tuition, Course, Registration and Miscellaneous Fees: Individual cost: x No. of attendees: Category Sub-Total $3,839.00 C. Contractual/Consultant Services Category Sub-Total $0.00 SCHEDULE B Exhibit III Page 3 Detailed Budget Estimate Grant No: COST CATEGORY COST ESTIMATES D. Equipment Category Sub-Total $0.00 E. Other Direct Costs Category Sub-Total $0.00 GRANT TOTAL $78,869.00 SCHEDULE B-1 Exhibit III Grant No: BUDGET NARRATIVE PAGE # Personnel Costs Hawai'i Police Department will conduct at least 100 Checkpoints throughout the grant period. These activities will be conducted on an overtime basis. Each checkpoint will be staffed with one (1) supervisor and three (3) officers. Costs are estimated based on an average overtime hourly rate of $55 per hour for supervisors and$50 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. Hourly rates do not include fringe benefits. Travel Expenses Hawai'i Police Department will send two representative to Oahu to attend the annual Proclamation Signing for Child Passenger Safety Week Hawaii Police Department will send one representative to the monthly Child Passengers Safety Meeting on Oahu. Contractual/Consultant Services Equipment Other Direct Costs SCHEDULE C Exhibit IV Grant No: MILESTONES PAGE#1 Month Activity October 2017-December 2017 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meetings on Oahu. January 2018-March 2018 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meetings on Oahu. April 2018-June 2018 Seat Belt Enforcement projects conducted island wide. Participate in the National "Click It or Ticket" Campaign. Media campaign. Child Passenger Safety Meetings on Oahu. July 2018-September 2018 Seat Belt Enforcement projects conducted island wide. Child Passenger Safety Meeting on Oahu. Send two representatives to the Proclamation Signing on Oahu during Child Passenger Safety Week. EXHIBIT V SCHEDULE D SCHEDULE D 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 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 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, 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. 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 whichis 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. N