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HomeMy WebLinkAboutSubgrant Application - Highway Safety FundsRule 14-98.005, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-065-01 SAFETY 06/10 For D. O. T Use Only Project Number: K8-13-06-17 DOT Contract Number: AQS55 Federal Funds Allocated: $120, 000.00 Date Approved: 10/9/2012 Subgrant Period: 10/9/2012 - 9/30/2013 _ Date Revised: ❑ubg❑ant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See instructions for Highway Safety Subgrant Applications) 1. Project Title: Miami DUI Checkpoint and Saturation Patrol Project to 9/30/2013 2. Type of Application: ►. Initial ❑ Continuation 3. Requested Subgrant Period: 10/1/2012 4. Support Matching Total Sought $120,000.00 Share: $0.00 Budget: $120,000.00 5. Applicant Agency (Subgrantee): City of Miami City Half . 3500 Pan American Drive Miami, Fl 33133-5595 Mr. Johnny Martinez, City Manager ' Telephone: (305 ) 416 - 1025 6. Implementing Agency: Miami Police Department 400 NW 2nd Avenue, 4th Floor Miami, FI 33128-1786 Manuel Orosa, Chief of Police T❑lephone: (305 ) 603 - 6100 7. Federal ID Number: 59-6000-375 8. State FLAIR Number(State Agencies) N/A 9. Chief Financial Officer. Ms. Janice Larned City of Miami - MRC Building 444 SW 2nd Avenue, 10th Floor Miami, FI 33130-1910 Telepho❑e Number: (305 ) 416 - 1011 10. Project Lt. Armando Miami Police Traffic Enforcement 400 NW 2nd Miami, FI 33128-1786 Telephone Fax Num❑er. E-Mail Address: Director: Rojas Department Avenue • Nu❑ber❑ (305 ) 579 - 6592 Fax Number. (305 ) 416 - 1019 (305 ) 350 - 7920 E-Mail Address: JLamed@miamigov.com Armando.Rojas@miami-police.org Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.601, State and Community Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System (DUNS) Number for the Florida Department of Transportation is 80-939-7102. Compliance requirements applicable to the federal. resources awarded pursuant to this agreement are: Activities Allowed or Unallowed, Matching, Level of Effort, Earmarking and Reporting. Rule 14.98.005, F.A.C. Part II: PROJECT PLAN AND SUPPORTING DATA S00-065-01 SAFETY D6110 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. STATEMENT OF THE PROBLEM: The City of Miami, the largest municipality in the State of Florida, has experienced a steady increase in the number of alcohol related crashes over the past three years. In fact, alcohol related crashes increased by approximately 10°/D from calendar year 2009 during which 172 crashes were recorded, compared to calendar year 2010 in which 211 alcohol related crashes occurred. Our enforcement efforts in 2011 has paid off, we had a decrease to a total of 188 alcohol related crashes in comparison to 2010 figures, but we still have a long way to go in reducing this unpredictable trend. Equally critical are the number of traffic fatalities that have occurred in the City of Miami. Traffic fatalities have averaged 36 per year for the past three years. Miami suffered 39 fatalities in 2009, 34 in 2010, and 36 in 2011. This plateau effect is disturbing despite the efforts to impact these numbers. In an effort to address this problem, the Miami Police Department focused attention on increasing DUI arrests. DUI arrests have averaged 657 between 2009 and 2011. While DUI arrests have remained fairly consistent, the City of Miami Police Department belives that increase DUI enforcement efforts will have possitive impact in reducing DUI traffic related crashes and for this reason, we are seeking funding resources to further our cause. Because the City of Miami is a large central urban hub and as a result of a construction boom from 2000 - 2008, all these new highrise condo developments mostly in the center of the City has presently reach the low 90% occupancy rate. Not only has there been a Local population increase, but also Miami has become an entertaiment mecca visited by turists from ail over the world and residents from the surrounding cities. As a result, this rapid population growth must be dealt with in a proactive way by enforcing traffic laws and educating the public. Additionally, the City of Miami also has a vested interest in reducing alcohol and drug related crashes and fatalities. Along with the human suffering that injuries, disabilities and fatalities cause, there are substantial economic ramifications. Traffic crashes result in large medical expenses, lost wages, decreases in productivity and property damage resulting in hundreds of millions of dollars in economic losses for the City of Miami and its residents. 2 Rule 54-98.005,F.A.C. 500-065-01 SAFETY 06/10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. PROPOSED SOLUTION: To reverse the trend of impaired driving related traffic crashes and fatalities in the City of Miami and to enhance its enforcement efforts and deterrence capability, the Miami Police Department, through this funding, will increase the number of DUI checkpoints and DUI saturation enforcement patrol conducted in Miami. The Miami DUI Checkpoint and Saturation Patrol Overtime Project Grant funding will enable the Miami Police Department to increase if not double the number of sobriety checkpoints and DUI saturation patrol it conducts on an annual basis. The Miami Police Department conducted the following DUI sobriety checkpoints and DUI Saturation operations in the past three years: In 2009, we conducted four (4) DUI checkpoints and assisted other police agencies with 22 DUI checkpoints. In addition, we hosted 17 large scale DUI & Traffic Enforcement Saturation Patrols. In 2010, we conducted 18 checkpoints plus assisted other agencies with 24 checkpoints operations, In addition, we hosted 24 large scale DUI & Traffic Enforcement Saturation Patrols. In calendar year 2011, we conducted five (5) checkpoints plus assisted other agencies with 14 checkpoints. In addition, we hosted seven (7) large scale DUI & Traffic Enforcement Saturation Patrols. All checkpoints were either large- scale operation requiring either a large complement of 30 to 50 officers or a Low Manpower Checkpoint requiring a small complement of of 8 to 12 officers. The Department will conduct at least one Low Manpower Checkpoint or Regular Size Checkpoint each month. The DUI checkpoints and saturation patrols will employ no more 10 (ten) officers on "overtime" for each operation. The Department will continue to partner with and assist other local agencies using this grant to multiply the effectiveness of the DUI enforcement operations to augment manpower, resources, and coverage. Pre and post operations briefings will be conducted to ensure all officers are made aware and understand the policies and procedures, goals, duties, and objectives of the operation. This effort is also being initiated as part of the "Drive Sober or Get Pulled Over" enforcement campaign. Officers will be on alert to apprehend motorists who are driving impaired. The Miami Police Department will show zero tolerance for motorists who violate Florida's traffic laws. In our DUI enforcement operations, we will utilized officers that have been resently trained in Standardized Field Sobriety Testing, or have attended the Advanced Roadside Impaired Driving Enforcement Course. Whenever possible, we will use our certified Drug Recognition Experts (DREs), who are the elite DUI enforcement officers for the Department DUI checkpoints are a perfect opportunity to educate motorists on the dangers and impact of driving under the influence. Each checkpoint will provide a high visibility police presence in an effort to reduce serious automobile crashes. We will work with the Miami -Dade County State Attorney's Office which frequently attends our DUI checkpoints to assist us in ensuring compliance withstate guidelines., The Miami Police Department will work with the media to increase the public's perception that if they choose to drive impaired by alcohol or other drugs, they will be arrested. The media will be invited to participate in the sobriety checkpoint operations and will be provided with the results of the checkpoints. Additionally, funding will include overtime compensation for essential personnel directly involved with the clerical function of this grant. This amount is not to exceed $10,000. This amount will be spread over the length of the grant period. Overtime clerical compensation shall only be for individuals with the rank of Sergeant, Police Officer, and clerical level staff directly involved with the reports' preparation and submittal. 3 Rule 14-98.005, F.A.C. 500.065.01 SAFETY 06/10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. OBJECTIVES: 1) Conduct at least one (1) DUI checkpoint (Regular Large Scale Checkpoint) each month. 2) Conduct at least four (4) DUI Saturation Patrols each month. 3) Reduce the number of alcohol related fatalities in the City of Miami by 3% during the grant period. 4) Reduce the number of alcohol related traffic crashes in the City of Miami by 3% during the grant period. 5) Educate 100% of the motorists encountered during DUI Checkpoints and Saturation Patrols on the dangers of driving under the influence of alcohol and/or drugs consistent with the State of Florida's "Driver Sober or Get Pulled Over" initiative by providing literature. 6) Publicize the efforts of the Florida Department of Transportation and the City of Miami Police Department to draw greater public attention to the dangers and tragic results of driving under the influence. EVALUATION: Objective #1: Each DUI checkpoint and Saturation Patrol operation will be documented. Objective # 2: Reduction of alcohol related deaths will be tracked by analyzing all fatality crash reports during the grant period. Objective # 3: Reduction of alcohol related crashes will be tracked by analyzing all DUI related crash reports during the grant period. Objective # 4: An after action report will include the number of motorists receiving a DUI educational pamphlet. Objective # 5: A press (media) release will be issued for each of the Low Manpower Sobriety Checkpoint or Regular Sized Sobriety Checkpoint Operations. in addition, the MPD will place a notice on their internet website informing the public of Operation Checkpoint. 4 Rule 14-98.005, F.A.C. 500.065-01 SAFETY OSI1D Milestones Timetable for Milestones 1'1 Quarter 2" Quarter 3 d Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Assign Personnel to Overtime Detail Conduct High -Visibility Impaired Driving Enforcement Saturation Patrols. Conduct Sobriety Low Manpower or Regular Size DUI Checkpoints. Monthly Financial and Activity Reports to Safety Office Quarterly Report to Safety Office Final Financial and Program Narrative Report to Safety Office (Due by: October 31, 2013 i4 0 • II a 00000.DD.000 D.000000.uEJDD O.000001000EJ. D.1DEJDDIDIDO 0.ID.D.DDIDO 000000000IDD D•.D000.0000EJ 00000.00.000 0000001.0000 0.0.0.000001 000.00.00000 0.00.00.0000 • .0000000.000 DD.EJEJ000.0000 .00000.1.000 0 000EJ000.0000 0 .DU0000LJ000I iDDRIIDOID ii • E,43 0 • 0 0 000LJ000U • .01110001010 • 0 in 0 0 0 A El 0 0 • 0 0 0 a 0 a El 0 - ED • III • 0 0 0 0 0 • 1111 ig El 0 0 • 0 • • 0 • c3 t. .. 0 III 0 am • • • •.000000 • • El 0 1 • 0 0 • El El in 0 El •0D El a • 0 0 0 0 ci • 0 0 0 0 0 0 a El 000 a al • 0 El 0 0 0 ID a a 0 a is • El 0 5 Rule 14-98.005, F.A.C. Part III: PROJECT DETAIL BUDGET 500.085-01 SAFETY 05110 Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: K8-13-06-17 Contract Number: AQS 5 5 Each budget category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services DUI Checkpoint and Saturation Overtime $110,000 $110,000 $0 $0 Salary and Benefits for Checkpoint Ops. Overtime compensation and benefits for essential clerical personnel directly involved with this grant. $10,000 $10,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $120,000 $120,000 $ 0 $ 0 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $o $0 $0 $ 0 $0 $0 $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ 0 $0 $0 $0 $ 0 $o $0 $0 $ 0 $o $0 $0 $ o $0 $o $o $ 0 $0 $0 $0 $ o $0 $o $0 $ 0 $0 $0 : $0 $ o $o $o $o Subtotal $ 0 $ 0 $ 0 $ 0 Budget Modification Number: Effective Date: 6 Rule 14-98.005,F.A.C. 7 50D-065-01 SAFETY 06/10 Rule 14-96.005, F.A.C. Part ID: PROJECT DETAIL BUDGET 500-065-01 SAFETY 06/10 Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: KB-13-06-17 Contract Number. A a s 9 9 Each budget category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital Outlay $ 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $o $ o $o $o $o $ o $o $o $o $ o $0 $0 $0 $ 0 $0 $0 $0 $ o $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ o $0 $o $o $ o $o $0 $0 $ 0 $0 $0 $0 $ 0 $0. $0 $0 $ o $o $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ o $0 $o $0 $ 0 $0 $0 $0 $ 0 $0 $0 $o $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ o $0 $o $0 $ 0 $0 $0 $0 $ 0 $0 $o $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $120,000 $120,000 $ 0 $ 0 Budget Modification Number. Effective Date: 8 Rule 14-96.005, F.AC. BUDGET NARRATIVE 500-065-01 SAFETY 06/10 Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: K8-13-06-17 Contract Number: AQS55 The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. PERSONNEL SERVICES: $120,000 DUI Checkpoint and Saturation Overtime Salary and Benefits for Checkpoint Ops. $110,000.00 Overtime compensation and benefits for essential clerical personnel directly involved with this grant $ 10,000.00 (Benefits are defined as FICA and Differential). *Each agency must provide a full roster or list of officers/deputies and clerical personnel that will be receiving overtime pay under this grant. The roster/list of law enforcement personnel must include the officer's/deputy's full name and rank **This funding will only be utilized for clerical personnel directly involved with the grant and sworn law enforcement personnel with the rank of Public Service Aide, Officer, Master Police Officer, Deputy, Corporal, and Sergeant. Officer with the rank of Lieutenant will only be utilized at the monthly regular size Sobriety Checkpoints in the capacity of Checkpoint Commander per MPD Policy and CALEA Standards. In accordance with the Miami Police Department's Standard Operating Procedures, the checkpoint commander is an essential staff member of the operation, who assumes all command of all personnel assigned to the checkpoint. Every law enforcement officer who performs under this grant will have, at a minimum, successfully completed the NHTSA 24 hour SFST course within the past five years, or completed the A.R.I.D.E course within the past five year, or be a D.R.E. with the exception of the Checkpoint Commander. The Project Director will submit a summary of all enforcement activities and statistics to the FDOT Safety Office on a monthly basis. 4 Budget Modification Number: Effective Date: 9 Rule 14.96,005, F.AC. Part IV: REPORTS 500-065-01 SAFETY 06/10 Quarterly Progress Report Narrative for the quarter. Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: K8-13-06-17 Implementing Agency: Miami Police Department (MPD) Project Director: Lt. Armando Rojas Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 10 Rule 14-98.005, F.A.C. QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SAFETY 06/10 Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: K8-13-06-17 Implementing Agency: Miami Police Department (MPD) Project Director: Lt. Armando Rojas Performance Milestones Accomplished indicators Quarter Ending December 31 Quarter Ending March 31 Six Month Totals Quarter Ending June 30 Quarter Ending September 30 Project Totals Number of Saturation Patrols 0 . 0 Number of DUI Arrests made During Saturation Patrols `Persons arrested not charges 0 0 Number of low manpower and large size DUI Checkpoints Conducted 0 0 Number of DUI Arrests made at Checkpoints *Persons arrested not charges 0 0 Total DUI Arrests During Grant Activities 0 0 0 0 0 0 0 0 0 0 11 Rule 14.98.005, F.A.C. Final Narrative Report 500.065.01 SAFETY 06/10 Project Title: Miami DUI Checkpoint and Saturation Patrol Project Project Number: K8-13-06-17 Implementing Agency: Miami Police Department (MPD) Project Director: Lt. Armando Rojas The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 12 Rule. 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations; OMB CircularA-21, Cost Principles for Educational Institutions; 2 C.F.R. 225 (OMB Circular A-87), Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non -Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated In this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 13 Rule 14-96.005, F.A.C. 500-065-01 SAFETY 06/10 All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the grant period); Total contract amount; Scope of work/Services to be provided; Budget/Cost Analysis; and Method of compensation/Payment Schedule. All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. All invoices for contractual services shall contain the following certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement. 5. Allowable Costs. The allowabiiity of costs incurred under any subgrant shall be determined in accordance with the general principles of aliowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Departments) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out -of -grant -specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $150. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. Delegations of signature authority will not be accepted for modification requests. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing 14 Rule 14.98.005, F.A.C. 500-065-01 SAFETY 06/10 agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on -site visits by Department staff, limited scope audits as defined by OMB 15 Rule I4-98.005, F.A.C. 500-065-01 SAFETY 06110 Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant, 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds (Le. state, or local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section ,320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notificationpursuant to Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: 16 Rule 14-98.005, F.A.C. Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 500-065-01 SAFETY 06/10 In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 15, Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non -Expendable Property Accountability Record (FDOT Form No. 500- 065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be retumed if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: 17 Rule 14-98 005, F.A.C. 500-065-01 SAFETY 08110 (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased • pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports: (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: 18 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06/10 The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in ail subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et 19 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 05110 seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $1,000 per Item. The head of any implementing agency purchasing equipment costing more than $1,000 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 20 Rule f4-98.005, F.A.C. 500-085-01 SAFETY 06/10 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified. Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Buy America Act. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act (23 U.S,C. 313 et seq) herein incorporated by reference. The subgrantee shall include the Buy America provisions in all subcontract awards. 41. Special Conditions. E- VERIFY Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 21 Rule 14.96.005, F.A.C. PROJECT NUMBER: K8-13-06-17 500-065-01 SAFETY 06110 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE (For DOT Use Only) STATE OF FLORIDA City of Miami DEPARTMENT OF TRANSPORTATION By. Name of Applicant Typ By: -.Z- C. Signature f Aut rized Represeedntafive Mr. Johnny Martinez Title: Traffic Safety Administrator Authorized Representative's Name Typed ja .. / 2' Title: City Manager , Date: Date: G( --Up- VZ-- Attest:-,9-/- .......... .-'— Atte : FEDERAL FUNDS ALLOCATED gnature Witness $120 , 000.00 ADMINISTRATOR OF IMPLEME ING AGENCY v Reviewed for the Department of Transportation: By: SEP 24 2012 By: C (IPO 14.. 6 Di(it 1 -. Signature: of Ad.,. inistrator Attorney- DOT Mr. Manuel Orosa Date: 10 - U i j 2- Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 22