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of i 4D 40 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 8. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), Florida Statutes (9991); the Office of Justice Programs Financial Guide, U 5 Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds This request, including the justification, shall be enclosed with the subgrant application. 9 Commencement of project It a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau Indicating steps to initiate the project, reason for delay and request a revised project starting date If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shalt send another letter to the bureau, again explaining the reason for delay and request another revised project starting date. Upon receipt of She ninety (90) day letter, the department shall determine it the reason for delay Isjustified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to otherdepartment approved projects The department, wherewarranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement 10. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the Initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 11 Excusable Delays Except with respect to defaults of consultants, the 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 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 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 recipient. 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 recipient and consultanl, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless. a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services Irom other sources. and c. The recipient failed to reasonably comply with such order. Upon request of the 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 of more said causes, the delivery schedule shall be reviser! accordingly. Subyrant rtpphcaooa Section N - Page 14 of 16