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