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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program JX BARTON , CLERK <br /> Florida Department of Law Enforcement <br /> ( 2 ) The Department ordered the subgrant recipient in writing to procure such supplies or <br /> services from other sources , and <br /> ( 3 ) The subgrant recipient failed to reasonably comply with such order . <br /> c . Upon request of the subgrant recipient , the Department shall ascertain the facts and the <br /> extent of such failure , and if the Department determines that any failure to perform was <br /> occasioned by one or more said causes , the delivery schedule shall be revised accordingly . <br /> 20 . Written Approval of Changes in this Approved Agreement <br /> a . Subgrant recipients must obtain prior approval from the Department for major substantive <br /> changes such as changes in project activities , target populations , service providers , <br /> implementation schedules , project director , and designs or research plans set forth in the <br /> approved agreement and for any budget changes that will transfer more than 10 % of the total <br /> budget between budget categories . <br /> b . Subgrant recipients may transfer up to 10 % of the total budget between current , approved <br /> budget categories without prior approval as long as the funds are transferred to an existing <br /> line item <br /> c . Under no circumstances can transfers of funds increase the total budgeted award . <br /> 21 . Disputes and Appeals <br /> a . The Department shall make its decision in writing when responding to any disputes , <br /> disagreements , or questions of fact arising under this agreement and shall distribute its <br /> response to all concerned parties . The subgrant recipient shall proceed diligently with the <br /> performance of this agreement according to the Department' s decision . <br /> b . If the subgrant recipient appeals the Department' s decision , the appeal also shall be made in <br /> writing within twenty-one ( 21 ) calendar days to the Department' s clerk ( agency clerk ) . The <br /> subgrant recipient' s right to appeal the Department' s decision is contained in § 120 , Fla . Stat. , <br /> and in procedures set forth in Rule 28 - 106 . 104 , Florida Administrative Code . Failure to <br /> appeal within this time frame constitutes a waiver of proceedings under § 120 , Fla . Stat . <br /> 22 . Conferences and Inspection of Work <br /> Conferences may be held at the request of any party to this agreement . At any time , a <br /> representative of the Department , of the U . S . Department of Justice , or the Auditor General of the <br /> State of Florida , have the right of visiting the project site to monitor, inspect and assess work <br /> performed under this agreement . <br /> 23 . Access To Records <br /> a . The Department of Law Enforcement , the Auditor General of the State of Florida , the U . S . <br /> Department of Justice , the U . S . Comptroller General or any of their duly authorized <br /> representatives , shall have access to books , documents , papers and records of the subgrant <br /> recipient , implementing agency and contractors for the purpose of audit and examination <br /> according to the Financial Guide and the Common Rule . <br /> b . The Department reserves the right to unilaterally terminate this agreement if the subgrant <br /> recipient , implementing agency , or contractor refuses to allow public access to all documents , <br /> papers , letters , or other materials subject to provisions of § 119 , Fla . Stat . , and <br /> SFY 2011 Page 7 <br />