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Rule 14-98.005, F.A.C.
<br />500-065-01
<br />SAFETY
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<br />agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed
<br />at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000).
<br />9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant
<br />award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons
<br />for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described
<br />herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing
<br />agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety
<br />Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted
<br />by excusable delay, will extend the implementation date of the project past the 60 -day period, but only by formal written
<br />approval from the State Safety Office.
<br />10. Excusable Delays.
<br />(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall
<br />be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any
<br />failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the
<br />control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or
<br />of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
<br />quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform
<br />must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by
<br />the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if
<br />such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or
<br />contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless
<br />(1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the
<br />State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or
<br />services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably
<br />with such order.
<br />(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and
<br />extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the
<br />said causes, the delivery schedule shall be revised accordingly.
<br />11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the
<br />termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the
<br />termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's
<br />employee, its implementing agency, or approved contractor or consultant performs the service required or when goods
<br />are received by the subgrantee or its implementing agency, notwithstanding the date of order.
<br />12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
<br />subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee
<br />agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation,
<br />termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the
<br />subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The
<br />sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect
<br />on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of
<br />such sanction.
<br />13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA),
<br />Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or
<br />any of their duly authorized representatives, shall have access for the purpose of audit and examination of books,
<br />documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the
<br />subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under
<br />Applicable Federal Law.
<br />In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by
<br />reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB
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