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C] Edward Byrne Memorial State and Local Law Enforcement Asslstanco Formula Grant program 8. Advance Funding Advance funding is authorized up to twenty-fivo (25) percent of the federal award for each project according to Section 216.181(IN(b), Florida Sfatutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Sfato and vocal 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 rafrpllcation. 9. Commencement of Project if a project has not begun wilhin sixty (60) days alter 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 shall send another letter to the bureau, again explaining the reason for delay and request another revised project 1 starting date. Upon receipt of the minety (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 v"torf aniondenont to this agreement. 10. Cxtension 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) rrionlhs and is subject to the same terms and conditions set forlh in the initial contract. Only one extension of the contract shag 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 consullants, 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 withoul the fault or negligence of the recipient. Such causes include, but are not limited to, acts of Gad or of the public enemy, acts of the government in either its sovereign or contractual capaclly, 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 recipieant 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 consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unoss: a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipiont in writing to procure such supplies or services from 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 or more said causes, the delivery schedule shall be revised accrrdingly. Sib Xw d AprA. aten seccwnu-Nays 14&16