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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 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 $ 500 , 000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A- 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 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. 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 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 SFY 2006 Page 5