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2007-274
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2007-274
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Last modified
6/14/2016 12:42:49 PM
Creation date
9/30/2015 11:04:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/04/2007
Control Number
2007-274
Agenda Item Number
7.JJ.
Entity Name
Florida Division of Emergency Management
Subject
State-Funded Subgrant Agreement Hazards Analysis.
Project Number
No.08-04-10-40-01-124
Supplemental fields
SmeadsoftID
6507
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regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient <br /> of such non-compliance. <br /> (g) The Recipient shall have all audits completed in accordance with Section 215 .97, Fla . <br /> Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant <br /> or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied <br /> with the applicable provisions noted above. The audit must be submitted to the Division no later than <br /> nine (9) months from the end of the Recipient's fiscal year. <br /> (7) REPORTS <br /> (a) If all required deliverables are not sent to the Division or are not completed in a <br /> manner acceptable to the Division , the Division may withhold further payments until they are completed or <br /> may take such other action as set forth in Paragraph (11 ) REMEDIES. "Acceptable to the Division" <br /> means that the work product was completed in accordance with the Financial Compensation <br /> Requirements - Attachment A - and the Scope of Work and Schedule of Payments - Attachment B . <br /> (b) The Recipient shall provide such additional program updates or information as may <br /> be required by the Division . <br /> (8) MONITORING <br /> The Recipient shall monitor its performance under this Agreement, as well as that of its <br /> subcontractors, sub-recipients and consultants who are paid from funds provided under this Agreement, <br /> to ensure that time schedules are met, the Scope of Work and Schedule of Payments is accomplished <br /> within the specified time periods, and other performance goals stated in this Agreement are achieved. <br /> Such review shall be made for each function or activity set forth in Attachment B to this Agreement. <br /> In addition to reviews of audits conducted in accordance with OMB Circular A-133, as <br /> revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring <br /> procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as <br /> defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, <br /> the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed <br /> appropriate by the Division . In the event that the Division determines that a limited scope audit of the <br /> Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the <br /> Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate <br /> with any inspections , reviews, investigations or audits deemed necessary by the Chief Financial Officer or <br /> Auditor General . In addition , the Division will monitor the performance and financial management by the <br /> Recipient throughout the contract term to ensure timely completion of all tasks. <br /> (9) LIABILITY <br /> (a) Unless the Recipient is a State agency or subdivision , as defined in Section 768.28, <br /> Fla. Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the <br /> terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by <br /> third parties arising out of the performance of work under this agreement. For purposes of this <br /> Agreement, the Recipient agrees that it is not an employee or agent of the Division, but is an independent <br /> contractor. <br /> (b) Any Recipient who is a state agency or subdivision , as defined in Section 768.28 , <br /> Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla . Stat. for its <br /> negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees <br /> to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to <br /> serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing <br /> 4 <br />
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