Reso 2005-759 - Laserfiche WebLink

Home Browse Search

Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 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 the recipient and the consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources; b. The Department ordered the recipient in writing to procure such supplies or services from other sources; and c. The recipient failed to reasonably comply with such order. Upon request of the 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. 12. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for funding under this subgrant. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. Subject to the above requirements, Project Generated Income may be used by the recipient for Program Purpose Area activities. 13. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both; the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 14. Access to Records The Florida Department of Law Enforcement; the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and the Auditor General of the State of Florida; the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and Local Government. The Department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB's Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Subarant ADDlication Packaae Section 11/ - Page 4 SFY 2005 SIB