Laserfiche WebLink
Edward Byrne Memorial Justice Assistance Grant (JAG ) Program A TRUE COPYr• [ nri � in � Tn <br /> F(arida AP12artrnent OLL-aw Enfc <br /> r a ►�f +ode{aY=and h.e:exopcted start-date-- -- <br /> b . If a project is not operational within 90 days of the original start date of the award period , the <br /> subrecipient must submit a second statement to the Department explaining the <br /> implementation delay. <br /> c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for <br /> delay is justified or shall , at its discretion , unilaterally terminate this agreement and re- <br /> obligate subgrant funds to other Department approved projects . The Department , where <br /> warranted by extenuating circumstances , may extend the starting date of the project past the <br /> ninety ( 90) day period , but only by formal written adjustment to this agreement. <br /> 19. Excusable Delays <br /> a. Except with respect to defaults of consultants , the subgrant recipient shall not be in default by <br /> reason of any failure in performance of this agreement according to its terms ( including any <br /> failure by the subgrant recipient to make progress in the execution of work hereunder which <br /> endangers such performance) if such failure arises out of causes beyond the control and <br /> without the fault or negligence of the subgrant recipient . Such causes include , but are not <br /> limited to , acts of God or of the public enemy, acts of the government in either its sovereign <br /> or contractual capacity, fires , floods , epidemics , quarantine restrictions , strikes , freight <br /> embargoes , and unusually severe weather, but in every case , the failure to perform shall be <br /> beyond the control and without the fault or negligence of the subgrant recipient. <br /> b. If failure to perform is caused by failure of a consultant to perform or make progress , and if <br /> such failure arises out of causes beyond the control of subgrant recipient and consultant , and <br /> without fault or negligence of either of them , the subgrant recipient shall not be deemed in <br /> default , unless : <br /> ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other <br /> sources , <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 (Grant Adjustments) <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 /> d . Requests for changes to the subgrant agreement must be electronically signed by the <br /> SFY 2012 Page 7 <br />