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Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 anyfailure 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 17 Rule 11 D-9.006 OCJG - 005 (rev. April 2004)