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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 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. 19 . 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; b . Budget deviations that do not meet the following criterion . That is , a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten ( 10 ) percent of the total approved budget and the transfer is made to an approved budget item ; or, c . Transfers of funds above the ten ( 10 ) percent cap shall be made only if a revised budget is approved by the Department . Transfers do not allow for increasing the quantitative number of items documented in any approved budget item , i . e . , increasing the quantity of equipment items in Operating Capital Outlay or Expense categories , or staff positions in the Salaries and Benefits category . ) d . Under no circumstances can transfers of funds increase the total budgeted award . 20 . Disputes and Appeals a . The Department shall make its decision in writing when responding to any disputes , disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties . The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision . b . If the subgrant recipient appeals the Department' s decision , the appeal also shall be made in writing within twenty-one (21 ) calendar days to the Department's clerk (agency clerk ) . The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120 , Florida Statutes , and in procedures set forth in Rule 28 - 106 . 104 , Florida Administrative Code . Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120 , Florida Statutes . SFY 2006 Page 6