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of • C-:1 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Gram Program 12 Obligation of Recipient Funds Recipient funds shall not under any circumstances he obligated prior to the effective date or subsequent to the termination date of the grant period Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order 13. Program Income (also known as Project Generated Income) Program income means the grass income earned by the recipient during the subgrant period, as a direct result of the subgrant award Program Income shall be handled according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Stale and Local Government Reference The Cash Management Improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement In whole or in part. In such event, the department shall notify the recipient of its decision Minty (30) days in advance of the effective date of such sanction The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Department of Community Affairs: the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs Financial Guide, U S. Department of Justice Common Rule for Stare and Local Government. The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, ftrida Sfalutes, and made or received by the recipient or its contractor in conjunction with this agreement. 16. Audit a. Recipients that expend $300,000 or more in a year m Federal awards shall have a single or program - specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be Identified with the subject audit in The Schedule of Federal Financial Assistance The contract shall be Identified as federal funds passed -through the Florida Department of Community Affairs and Include the contract number, CFDA number, award amount, contract period, funds received and disbursed When applicable. the recipient shall submit an annual financial audit which meets the requirements of Sections 11 45 and 216.349, 1=lorlda Statutes; and, Chapters 10.556 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days atter its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters Issued separately and management's written response to all findings, both audit report and management letter findings Incomplete audit reports will not be accepted by the department and will be returned to the recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (IPA) The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant 0. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in Instances of noncompliance with federal laws and regulations SubgranlAppGcar+on 5e000 h - Page 15 0116