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Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. 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 the Department 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 the Department , 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. 19. 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 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 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 control and without the fault or negligence of the subgrant recipient. b . 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 subgrant recipient and consultant, and without fault or negligence of either of them , the subgrant recipient shall not be deemed in default, unless : ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources , (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources , and ( 3) The subgrant recipient failed to reasonably comply with such order. c . Upon request of the subgrant 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 accordingly. 20 . Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes . These include , but are not limited to : a . Changes in project activities , target populations , service providers , implementation schedules , designs or research plans set forth in the approved agreement ; SFY 2008 Page 6 Rule Reference 11 D-9. 006 OCJG-005 (rev. October 2005)