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<br />Local Law Ellforcemellt Block Grallts Program <br />Florida Departmellt of Law Ellforcemellt <br /> <br />d. Under no circumstances can transfers of funds increase the total budgeted award. <br />Transfers do not allow for increasing the quantitative number of items documented in <br />any approved budget line item. (For example, equipment items in Operating Capital <br />Outlay or Expense categories or staff positions in the Salaries and Benefits category.) <br /> <br />Under no circumstances can transfers of funds increase the total budgeted award. <br /> <br />8. Reimbursement Subject to Available Funds <br /> <br />The obligation of the State of Florida to reimburse recipients for incurred costs is subject <br />to available federal Local Law Enforcement Block Grant funds. <br /> <br />9. Commencement of Project <br /> <br />If a project has not begun within sixty (60) days after acceptance of the sub grant award, <br />the recipient shall send a letter to the Department requesting approval of a new project <br />starting date. The letter must outline steps to initiate the project, explain reasons for <br />delay, and specify an anticipated project starting date. <br /> <br />If a project has not begun within ninety (90) days after acceptance of the subgrant award, <br />the recipient shall send another letter to the Department, again explaining reasons for <br />delay and requesting approval of a revised project starting date. <br /> <br />Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons <br />for delay are justified or shall, at its discretion, unilaterally terminate this agreement and <br />deobligate sub grant funds to other projects approved by the Department. If warranted by <br />extenuating circumstances, the Department may extend the starting date of the project <br />beyond the ninety (90) day period, but only by a formal written amendment to this <br />agreement. <br /> <br />10. Excusable Delays <br /> <br />Except with respect to defaults of consultants, the recipient shall not be in default by <br />reason of any failure in performance of this agreement according to its terms (including <br />any failure by the recipient to make progress in the execution of work hereunder which <br />endangers such performance) if such failure arises out of causes beyond the control and <br />without the fault or negligence of the recipient. Such causes include but are not limited <br />to acts of God or of the public enemy, acts of the government in either its sovereign or <br />contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight <br />embargoes, and unusually severe weather, but in every case the failure to perform shall <br />be beyond the control and without the fault or negligence of the recipient. <br /> <br />If failure to perform is caused by failure of a consultant to perform or make progress, <br />and if such failure arises out of causes beyond the control of the recipient and the <br />consultant, and without fault or negligence of either of them, the recipient shall not be <br />deemed in default, unless: <br /> <br />a. Supplies or services to be furnished by the consultant were obtainable from other <br /> <br />Subgrant Application Package <br /> <br />SFY 2001 <br />Section II - 13 <br /> <br />Revised 9/14/00 <br />