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A TRUE COPY Edward Byrne Memorial Justice Assistance Grant (JAG) Program CERTIFICATION ON LAST PAGE Florida Department of Law Enforcement U0116SMITH , HER 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 . 19. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period , the subgrant recipient 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` ofthe award period , the subgrant recipient 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. 20. 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 ofqvlftq, 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 . 21 . 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 . SFY 2013 Page 7 als