|
<br />Edward Byrne Memorial Justice Assistance Grant (JAG) Program
<br />Florida Department of Law Enforcement
<br />
<br />18. Commencement of Project
<br />
<br />a, If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
<br />subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
<br />reason for delay and request a revised project starting date,
<br />
<br />b, If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
<br />subgrant recipient shall send another letter to the Department, again explaining the reason
<br />for delay and request another revised project starting date,
<br />
<br />c, Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
<br />delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
<br />obligate subgrant funds to other Department approved projects, The Department, where
<br />warranted by extenuating circumstances, may extend the starting date of the project past the
<br />ninety (90) day period, but only by formal written amendment to this agreement.
<br />
<br />19. Excusable Delays
<br />
<br />a, Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
<br />reason of any failure in performance of this agreement according to its terms (including any
<br />failure by the subgrant 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 subgrant recipient. Such causes include, but are not
<br />limited to, acts of God or of the public enemy, acts of the government in either its sovereign
<br />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
<br />beyond the control and without the fault or negligence of the subgrant recipient.
<br />
<br />b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
<br />such failure arises out of causes beyond the control of subgrant recipient and consultant, and
<br />without fault or negligence of either of them, the subgrant recipient shall not be deemed in
<br />default, unless:
<br />
<br />(1) Supplies or services to be furnished by the consultant were obtainable from other
<br />sources,
<br />
<br />(2) The Department ordered the subgrant recipient in writing to procure such supplies or
<br />services from other sources, and
<br />
<br />(3) The subgrant recipient failed to reasonably comply with such order,
<br />
<br />c, Upon request of the subgrant recipient, the Department shall ascertain the facts and the
<br />extent of such failure, and if the Department determines that any failure to perform was
<br />occasioned by one or more said causes, the delivery schedule shall be revised accordingly,
<br />
<br />20. Written Approval of Changes in this Approved Agreement
<br />
<br />Subgrant recipients shall obtain approval from the Department for major substantive changes,
<br />These include, but are not limited to:
<br />
<br />a, Changes in project activities, target populations, service providers, implementation
<br />schedules, designs or research plans set forth in the approved agreement;
<br />
<br />SFY 2007
<br />
<br />Page 6
<br />
|