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A TRUE COPY Edward Byrne Memorial Justice Assistance Grant JAG CERTIFICATION ON LAST PAGE (JAG) Program 9 J . K . R RT n± CLERK Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure , and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly . 20 . Written Approval of Changes In this Approved Agreement a . Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities , target populations, service providers, implementation schedules , project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories . b . Subgrant recipients may transfer up to 10 % of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award . 21 . Disputes and Appeals a . The Department shall make its decision in writing when responding to any disputes , disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision . b . If the subgrant recipient appeals the Department's decision , the appeal also shall be made in writing within twenty-one (21 ) calendar days to the Department' s clerk (agency clerk) . The subgrant recipient's right to appeal the Department's decision is contained in § 120 , Fla . Stat. , and in procedures set forth in Rule 28- 106 . 104 , Florida Administrative Code . Failure to appeal within this time frame constitutes a waiver of proceedings under § 120 , Fla . Stat, 22 . Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement . At any time , a representative of the Department, of the U . S . Department of Justice , or the Auditor General of the State of Florida , have the right of visiting the project site to monitor, inspect and assess work performed under this agreement . 23 . Access To Records a . The Department of Law Enforcement, the Auditor General of the State of Florida , the U . S . Department of Justice , the U . S . Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient , implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule . b . The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency , or contractor refuses to allow public access to all documents , papers , letters , or other materials subject to provisions of § 119 , Fla . Stat. , and SFY 2011 Page 7