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<br />. <br /> <br />. <br /> <br />. <br /> <br />Edward Byrne Memorial Justice Assistance Grant (JAG) Program <br />Florida Department of Law Enforcement <br /> <br />b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may <br />transfer funds between budget categories as long as the total amount of transfer does not <br />exceed ten (10) percent of the total approved budget and the transfer is made to an approved <br />budget item; or, <br /> <br />c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is <br />approved by the Department. Transfers do not allow for increasing the quantitative number <br />of items documented in any approved budget item, i.e., increasing the quantity of equipment <br />items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and <br />Benefits category.) <br /> <br />d. Under no circumstances can transfers of funds increase the total budgeted award. <br /> <br />21. Disputes and Appeals <br /> <br />a. The Department shall make its decision in writing when responding to any disputes, <br />disagreements or questions of fact arising under this agreement and shall distribute its <br />response to all concerned parties. The subgrant recipient shall proceed diligently with the <br />performance of this agreement according to the Department's decision. <br /> <br />b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in <br />writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The <br />subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, <br />Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. <br />Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter <br />120, Florida Statutes. <br /> <br />22. Conferences and Inspection of Work <br /> <br />Conferences may be held at the request of any party to this agreement. At any time, a <br />representative of the Department, of the U.S. Department of Justice, or the Auditor General of the <br />State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work <br />performed under this agreement. <br /> <br />23. Access To Records <br /> <br />a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. <br />Department of Justice, the U.S. Comptroller General or any of their duly authorized <br />representatives, shall have access to books, documents, papers and records of the subgrant <br />recipient, implementing agency and contractors for the purpose of.ill!Ql! and examination <br />according to the OJP Financial Guide (as amended), and the U.S. Department of Justice <br />Common Rule for State and Local Governments. <br /> <br />b. The Department reserves the right to unilaterally terminate this agreement if the subgrant <br />recipient, implementing agency, or contractor refuses to allow public access to all documents, <br />papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and <br />made or received by the subgrant recipient or its contractor in conjunction with this <br />agreement. <br /> <br />24. Retention of Records <br /> <br />The subgrant recipient shall maintain all records and documents for a minimum of three (3) years <br />from the date of the final financial statement and be available for audit and public disclosure upon <br />request of duly authorized persons. <br /> <br />SFY 2008 <br />Rule Reference 110-9.006 <br /> <br />Page 7 <br />OCJG-005 (rev. October 2005) <br />