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(f) In the event the audit shows that the entire funds disbursed hereunder, or any portion <br /> thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held <br /> liable for reimbursement to the Department of all funds not spent in accordance with these applicable <br /> regulations and Agreement provisions within thirty ( 30) days after the Department has notified the <br /> Recipient 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 . <br /> (7) REPORTS <br /> ( a) If all required reports and copies , prescribed above , are not sent to the Department or <br /> are not completed in a manner acceptable to the Department, the Department may withhold further <br /> payments until they are completed or may take such other action as set forth in Paragraph ( 11 ) <br /> REMEDIES . "Acceptable to the Department means that the work product was completed in accordance <br /> with the Financial Compensation Requirements - Attachment A - and the Scope of Work and Schedule of <br /> Payments - Attachment B . <br /> ( b) The Recipient shall provide such additional program updates or information as may <br /> be required by the Department. <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 Department 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 Department. In the event that the Department determines that a limited scope audit of <br /> the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by <br /> the Department to the Recipient regarding such audit. The Recipient further agrees to comply and <br /> cooperate with any inspections , reviews , investigations or audits deemed necessary by the Comptroller or <br /> Auditor General . In addition , the Department will monitor the performance and financial management by <br /> the Recipient throughout the contract term to ensure timely completion of all tasks . <br /> ( 9 ) LIABILITY <br /> ( a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla . <br /> Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms <br /> of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third <br /> parties arising out of the performance of work under this agreement. For purposes of this Agreement, <br /> Recipient agrees that it is not an employee or agent of the Department, but is an independent 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 Department, and <br /> agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is <br /> 4 <br />