HomeMy WebLinkAboutCOM 0041.016 2008-2010
oJNtY OF N,~ .
1
William P. Kenoi Harry S. Kubojiri
Mayor Police Chief
•>E °F 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
a
VIA KAY OSHIRO, CO TROLLER C
FROM RRY KU RI, OLICE CHIEF I
SUBJECT NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 09-64, Section 7(1) -
I
fti CD
Name of Grant Program: Traffic Services L'
Federal or State Grantor: State Department of Transportation Public
Affairs Office-Safe Community Program
County Grantee Department/Agency: County Police Department
Grant No.: PT10-01(02-H-01)
Amount of Grant: $8,125.00
Amount of County Match: None
County Revenue & Expenditures Acct 010.201.5216.10; 3303.32
Grant Period: October 1, 2009 - September 30, 2010
Purpose of Grant: To improve speed and alcohol related fatal
traffic crash investigations by providing
additional training for members of our Traffic
Enforcement Unit.
Is final report required by grantor? yes L] (0
Notification Attached: yes Comm. No.
Ref. To:
Ref,. Da e -NOV 0 5 2009
"Hawai`i County is an Equal Opportunity Provider and Employer"
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT
Grant No: PT10-01 (02-H-01)
Page 1 (To be completed by applicant agency)
1. Grant Title
Hawaii Police Department Traffic Services
2. Name and Address of Applicant Agency 4. Duration
Hawai' i Police Department Month - Day - Year
349 Kapi`olam 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. ®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.)
The goal of this project is to improve speed and alcohol related fatal traffic crash investigations by providing additional
training for members of our Traffic Enforcement Unit.
8. Federal funds allocated under this agreement shall not exceed $8,125.00
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 ant agreement. Authorization to proceed with this Highway Safety Pro'ect is requested.
9a. Grant Director 9b. Authorizing Official of Agency Unit
Name: Harry Kubo,j iri Phone: Name: William Kenoi Phone:
Title: Police Chief Fax: Title: Mayor Fax:
Address: Address:
E-Mail: E-Mail:- .
SEP 2 1 2009- SEP 2 5 2009
Signat e) (Date) (Signature) (Date)
To be prepared by applicant, use separate sheets as required. Form HS 3-71 Rev. 8/6/09
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
APPROVED AS TO FORM AND LEGALITY:
Corp n Counsel
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.
Notary Public, State of Haw `i
Printed Name: NADINE H. POMROY `
My commission expires: 07/12/2013
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: qrah-f
Doc. Date: ~7-a~CF or ? Undated at time of
_ c~-~~-~~ DO CI
notarizatio .
cn
No. of Pages: ~ Jurisdiction7A: Circuit
6 Q UU- SEP 2 5 2009
Signature of NotaryDate of Notarization and
Certification Statement
NADINE H. POMROY
Printed Name of Notary
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT - PART II
Grant No: PT10-01 (02-H-01)
Page 2 (To be completed by Highway Safety Office)
10. Grantee: Hawai'i Police Department
11. Standard Area: Police Traffic Services 13a. Federal Fiscal Year: 2010
13b. Addendum: ?Yes ®No
12. Effective Date of Agreement:Oct 1, 2009 - Sep 30, 2010
14. Benefit of : ?State ®County
15. Action Taken 16. Funding Disposition & Status
Grant agreement approved Fiscal Year Amount
2006 18,720.00
2007 8,760.00
2008 14,920.00
2009 18,570.00
2010 8,125.00
Total $69,095.00
Present Obligation $8,125.00
Previously Obligated $60,970.00
TOTAL FUNDS OBLIGATED $69,095.00
17. Budget Summary (From Schedule B - Detailed Budget Estimate - Fiscal Year Grant Period Endin :
Cost Category Cost Estimates
A. Personnel Costs 0.00
B. Travel Expenses 8,125.00
0. Contractual/Consultant Services 0.00
D. Equipment 0.00
E. Other Direct Costs
0.00
TOTAL FEDERAL FUNDS $ 8,125.00
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
@hawaii.gov @hawaii.gov
(Signat e) (Date) (Signatur (Date)
STATE OF HAWAII HIGHWAY SAFETY OFFICE
GRANT AGREEMENT - PART III
Grant No: PT10-01 (02-H-01)
Page 3 (To be completed by Highway Safety Office)
19. Addendum (For Highway Safety Office Use Only)
EXHIBIT II
SCHEDULE A
SCHEDULE A
HP® TRAFFIC SERVICES
PROBLEM IDENTIFICATION
Hawai' i continues to have a traffic safety problem and the need of enforcement personnel to enforce
those laws. Please see Table I for Hawai' is Summary of Traffic Demographics.
Table I
Hawai' i
Summary of Traffic Demographics
2003-2007
Year Population Licensed Re9istered
VMT Traffic Fatality Alcohol Alcohol Drivers Vehicles (millions) Fatalities Rate Involved Involved
Fatalities
2003 1,257,608 834,188 1,057,625 9,325.0 133 1.42 71 53%
2004 1,262,840 843,876 1,100,646 9,734.6 142 1.45 60 42%
2005 1,275,194 856,163 1,149,403 10,129.1 140 1.38 67 48%
2006 11285,498 867,003 1,159,256 10,226.3 161 1.57 79 49%
2007 1,283,388 882,455 1,167,240 10,394 138 1.33 69 48%
All police departments should have an efficient and effective police traffic services (PTS) program to
enforce laws, prevent crashes and their resulting deaths and injuries, assist the injured, document
specific details of individual crashes, supervise crash clean-up, and restore safe and orderly
movement of traffic. PTS is critical to the success of most traffic safety countermeasures and to the
prevention of traffic-related injuries.
Training is one of the most important activities in a law enforcement agency, and it is essential to
support the special requirements of traffic law enforcement and safety. It is essential for operational
personnel to be prepared to effectively perform their duties. Training accomplishes a wide variety of
important and necessary goals. Proper training should:
¦ Prepare officers to act decisively and correctly.
¦ Increase compliance with agency enforcement goals.
¦ Assist in meeting priorities.
¦ Improve compliance with established policies.
¦ Result in greater productivity and effectiveness.
¦ Foster cooperation and unity of purpose.
• Help offset liability action.
¦ Motivate and enhance officer professionalism
• Require traffic enforcement knowledge and skills for all recruits.
Law enforcement agencies should:
o Provide traffic enforcement in-service training to experienced officers.
o Provide specialized CMV in-service training to traffic officers as appropriate.
o Conduct training to implement specialized traffic enforcement skills, techniques, or
programs.
o Train instructors using certified training in order to increase agency capabilities and to
ensure continuity of specialized enforcement skills and techniques.
SOLUTION/STRATEGIES
The Hawai' i Police Department (HPD) will train officers in the following classes:
1. Three of HPD's Traffic Enforcement Unit officers will attend a one week Traffic
Crash Reconstruction Update class on Oahu.
2. Two of HPD's Traffic Enforcement Unit officers will attend a one week Crash Data
Retrieval (CDR) Technician/Analyst course on Oahu.
EVALUATION
The evaluation will be based on the reduction of total fatalities within the County of Hawai' i by 5%
from 27 in FFY 2008 to 25 by FFY 2010. HPD will also determine effectiveness by the number of
classes held and officer's attendance, and completion rate during the year.
SCHEDULE B Exhibit III
Page 1
Detailed Budget Estimate
Grant No: PT10-01 (02 H-01)
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):
Fringe Benefit Rate: %
Time to be spent on project: hours
Category Sub-Total
B. Travel Expenses
In-State
Event/Conference: Traffic Crash Reconstruction Update Class
Air Travel:
To: Honolulu
$725
From: Hilo
Surface Travel: 1 car x $75.00 x 6 $450
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 5 nights x 140 x 3 officers $2,100
SCHEDULE B Exhibit III
Page 2
Detailed Budget Estimate
Grant No: PT10-01 (02-11-01)
COST CATEGORY COST ESTIMATES
Per Diem:
5 days @ $ 90 per day $1,350
Baggage Fee: 1 checked bag@$25/bag x 2 off. X3 (roundtrip) $150
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
In-State
Event/Conference: Crash Data Retrieval (CDR) Technician/Analyst
Training
Air Travel:
To: Honolulu $500
From: Hilo
Surface Travel: 1 car x 75.00 x 6 $450
Car Rental (daily rate, # of days, fuel, taxes, etc.)
Private Car: ( miles @ per mile)
Excess Lodging: 5 nights x 140 x 2 officers $1,400
Per Diem:
5 days @ $ 90 per day $900
Baggage Fee: 1 checked bag@$25/bag x 2 x 2 (roundtrip) $100
Tuition, Course, Registration and Miscellaneous Fees:
Individual cost: x No. of attendees:
Category Sub-Total $8,125
C. Contractual/Consultant Services
Category Sub-Total
SCHEDULE B Exhibit III
Page 3
Detailed Budget Estimate
Grant No: PT l 0-0 1 (02-P-01)
_
COST CATEGORY COST ESTIMATES
D. Equipment
Category Sub-Total
E. Other Direct Costs
Category Sub-Total
GRANT TOTAL $8,125
SCHEDULE B-1 Exhibit III
Grant No: PTl O-O1 (02-H-ol )
BUDGET NARRATIVE PAGE #
Personnel Costs
Travel Expenses
Travel Funds will be used for staff travel expenses to attend the Traffic Crash Reconstruction Update class
and Crash Data Retrieval (CDR) Technician/Analyst course both of which will be held on Oahu. Since the
trainings will be held at the Honolulu Police Department's training facility, which does not provide.
accommodations and is located far from any hotels, a rental car will be needed for the duration of the training
(6 days).
Contractual/Consultant Services
Equipment
Other Direct Costs
EXHIBIT IV
SCHEDULE C
SCHEDULE C Exhibit IV
Grant No: PT10-01 (02-H-01)
MILESTONES PAGE #
Month Activity
October 2009-September 2010 TEU officers to attend a Traffic Crash Reconstruction
update class on Oahu.
October 2009-September 2010 TEU officers to attend a Crash Data Retrieval (CDR)
Technician/Analyst course on Oahu.
EXHIBIT V
SCHEDULE D
SCHEDULED Exhibit V
AGREEMENT OF UNDERSTANDING & COMPLIANCE
Grant No: R110-01 (02-H-01)
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:
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. 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
ending or proposed request for other Federal grant funds which would duplicate or overlap work under
p
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 11 (2) of this application.