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Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant 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. d . The subgrant 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. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued , unless extended in writing by the Department. f. Subgrant recipients that expend less than $300 , 000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA- 133 for that fiscal year. In this case , written notification , which can be in the form of the "Certification of Audit Exemption" form , shall be provided to the Department by the Chief Financial Officer, or designee , that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g . If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h . The completed audit report or notification of non-applicability should be sent to the following address : Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee , Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction . The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction . 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award , the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date . b . If a project has not begun within ninety (90) days after acceptance of the subgrant award , the subgrant recipient shall send • another letter to OCJG , again explaining the reason for delay and request another revised project starting date . C. Upon receipt of the ninety (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 written amendment to this agreement. 18 . Excusable Delays a . Except with respect to defaults of consultants , the subgrant 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 subgrant recipientto make progress in the execution of work hereunderwhich endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant 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 FDLE Byme Formula Grant Application Package Grant App tion Rule 11 D-9.006 Section // - Page 16 OCJG — 005 (rev. 04/04/03)