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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion . That is , a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten ( 10) percent of the total approved budget and the transfer is made to an approved budget item ; or, c. Transfers of funds above the ten ( 10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item , i .e . , increasing the quantity of equipment items in Operating Capital Outlay or Expense categories , or staff positions in the Salaries and Benefits category.) d . Under no circumstances can transfers of funds increase the total budgeted award . 21 . Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties . The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision , the appeal also shall be made in writing within twenty-one (21 ) calendar days to the Department's clerk (agency clerk) . The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28- 106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes . 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U .S . Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U .S. Department of Justice , the U .S . Comptroller General or any of their duly authorized representatives , shall have access to books , documents , papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended) , and the U . S . Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents , papers, letters, or other materials subject to provisions of Chapter 119 , Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons . SFY 2008 Page 7 Rule Reference 11D-9. 006 OCJG-005 (rev. October 2005)