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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program A TRUE COPY -trntz ^ t of I WY Enforcement --CERTIFICATION ON LAST PAGE reasons for delay , and the expected start date . J . R . SMITH , CLERK 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 , (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 (Grant Adjustments ) 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 . d . Requests for changes to the subgrant agreement must be electronically signed by the SFY 2012 Page 7