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2004-230
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Last modified
9/27/2016 2:27:51 PM
Creation date
9/30/2015 8:05:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Application
Approved Date
10/12/2004
Control Number
2004-230
Agenda Item Number
7.J.
Entity Name
Florida Department of Law Enforcement
Subject
Grant and Application/Fiscal Year 2004-2005
Edward Byrne Memorial State and Local Law Enforcement Assistance
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4324
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Application for Funding Assistance <br /> Florida Department of Law Enforcement <br /> Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program <br /> d . The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of <br /> the audit report in instances of noncompliance with federal laws and regulations. <br /> e . The subgrant recipient shall ensure that audit working papers are made available to the Department, or <br /> its designee, upon request for a period of three (3) years from the date the audit report is issued , unless <br /> extended in writing by the Department. <br /> f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from <br /> the audit requirements of OBM Circular A- 133 for that fiscal year, in this case, written notification , which <br /> can be in the form of the "Certification of Audit Exemption" form , shall be provided to the Department by <br /> the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided <br /> to the Department no later than March 1 following the end of the fiscal year. <br /> g . If this agreement is closed out without an audit, the Department reserves the right to recover any <br /> disallowed costs identified in an audit completed after such closeout. <br /> h . The completed audit report or notification of non-applicability should be sent to the following address: <br /> Florida Department of Law Enforcement <br /> Office of Criminal Justice Grants <br /> 2331 Phillips Road <br /> Tallahassee, Florida 32308 <br /> 16. Performance of Agreement Provisions <br /> In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, <br /> the subgrant recipient's consultants and suppliers, or both , the Department shall impose sanctions it deems <br /> appropriate including withholding payments and cancellation , termination , or suspension of the agreement in <br /> whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days <br /> in advance of the effective date of such sanction . The subgrant recipient shall be paid only for those services <br /> satisfactorily performed prior to the effective date of such sanction . <br /> 17. Commencement of Project <br /> a . If a project has not begun within sixty (60) days after acceptance of the subgrant award , the subgrant <br /> recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request <br /> a revised project starting date. <br /> b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant <br /> recipient shall send another letter to OCJG , again explaining the reason for delay and request another <br /> revised project starting date. <br /> c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified <br /> or shall, at its discretion , unilaterally terminate this agreement and re-obligate subgrant funds to other <br /> Department approved projects. The Department, where warranted by extenuating circumstances, may <br /> extend the starting date of the project past the ninety (90) day period, but only by formal written amendment <br /> to this agreement. <br /> 18. Excusable Delays <br /> a . Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of <br /> any failure in performance of this agreement according to its terms (including any failure by the subgrant <br /> recipient to make progress in the execution of work hereunder which endangers such performance) if such <br /> failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. <br /> Such causes include, but are not limited to , acts of God or of the public enemy, acts of the government in <br /> either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight <br /> embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the <br /> control and without the fault or negligence of the subgrant recipient. <br /> b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure <br /> arises out of causes beyond the control of subgrant recipient and consultant, and without fault or <br /> FDLE Byme Formula Grant Application Package Grant Application <br /> Section li - Page 16 <br /> Rule 11 D-9.006 OCJG — 005 (rev. April 2004) <br />
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