Laserfiche WebLink
1 1 <br /> In addition to reviews of audits conducted in accordance with OMB Circular A- 133 , as <br /> revised and Section 215 . 97 , Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS , <br /> above ) , monitoring procedures may include , but not be limited to , on- site visits by Department <br /> staff, limited scope audits as defined by OMB Circular A- 133 , as revised, and/or other procedures . <br /> By entering into this Agreement, the Recipient agrees to comply and cooperate with all <br /> monitoring procedures/processes deemed appropriate by the Department. In the eve t that the <br /> Department determines that a limited scope audit of the Recipient is appropriate , the Recipient <br /> agrees to comply with any additional instructions provided by the Department to the Recipient <br /> regarding such audit. The Recipient further agrees to comply and cooperate with any inspections , <br /> reviews , investigations or audits deemed necessary by the Comptroller or Auditor General . In <br /> addition, the Department 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 Recipient is a State agency or subdivision, as defined in Section <br /> 768 . 28 , Florida Statutes , the Recipient shall be solely responsible to parties with wh m it shall <br /> deal in carrying out the terms of this agreement, and shall hold the Department harmless against <br /> all claims of whatever nature by third parties arising out of the performance of work under this <br /> agreement . For purposes of this agreement, Recipient agrees that it is not an employee or agent of <br /> the Department, but is an independent contractor . <br /> (b) Any Recipient who is a state agency or subdivision, as defined i Section <br /> 768 .28 , Florida Statutes , agrees to be fully responsible to the extent provided by Section 768 .28 <br /> Florida Statutes , for its negligent acts or omissions or tortious acts which result in c aims or suits <br /> against the Department, and agrees to be liable for any damages proximately causec by said acts <br /> or omissions . Nothing herein is intended to serve as a waiver of sovereign immunit by any <br /> Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a <br /> state agency or subdivision of the State of Florida to be sued by third parties in any matter arising <br /> out of any contract . <br /> ( 10) DEFAULT <br /> If any of the following events occur ( " Events of Default" ) , all obliga ions on the <br /> part of the Department to make any further payment of funds hereunder shall , if the Department so <br /> elects, terminate and the Department may, at its option, exercise any of its remedies set forth in <br /> Paragraph ( 11 ) , but the Department may make any payments or parts of payments after the <br /> happening of any Events of Default without thereby waiving the right to exercises ch remedies, <br /> and without becoming liable to make any further payment : <br /> (a) If any warranty or representation made by the Recipient int is Agreement <br /> or any previous Agreement with the Department shall at any time be false or misleading in any <br /> respect, or if the Recipient shall fail to keep , observe or perform any of the obligations , terms or <br /> covenants contained in this Agreement or any previous agreement with the Department and has <br /> not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; <br /> 9 <br />