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M IMut UUf Y CERTIFICATION ON LAST PAGE Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program J . K . BARTON , CLERK Florida Department of Law Enforcement g . If this agreement is closed out without an audit , the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h . The completed audit report or written notification of audit exemption should be sent to the following address : Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee , Florida 32308 17 . Performance of Agreement Provisions In the event of default , non - compliance or violation of any provision of this agreement by the subgrant recipient , the subgrant recipient' s consultants and suppliers , or both , the Department shall impose sanctions it deems appropriate including withholding payments and cancellation , termination , or suspension of the agreement in whole or in part . In such event , the Department shall notify the subgrant recipient of its decision thirty ( 30 ) days in advance of the effective date of such sanction . The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction . 18 . Commencement of Project a . If a project is not operational within 60 days of the original start date of the award period , the subrecipient must report by letter to the Department the steps taken to initiate the project , the reasons for delay , and the expected start date . b . If a project is not operational within 90 days of the original start date of the award period , the subrecipient must submit a second statement to the Department explaining the implementation delay . c . Upon receipt of the ninety ( 90 ) day letter, the Department shall determine if the reason for delay is justified or shall , at its discretion , unilaterally terminate this agreement and re - obligate subgrant funds to other Department approved projects . The Department , where warranted by extenuating circumstances , may extend the starting date of the project past the ninety ( 90 ) day period , but only by formal written adjustment to this agreement . 19 . Excusable Delays a . Except with respect to defaults of consultants , the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms ( including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance ) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient . Such causes include , but are not limited to , 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 shall be beyond the control and without the fault or negligence of the subgrant recipient . b . If failure to perform is caused by failure of a consultant to perform or make progress , and if such failure arises out of causes beyond the control of subgrant recipient and consultant , and without fault or negligence of either of them , the subgrant recipient shall not be deemed in default , unless : ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources , SFY 2011 Page 6