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2010-173
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2010-173
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Last modified
2/19/2016 4:54:48 PM
Creation date
10/1/2015 2:21:22 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/13/2010
Control Number
2010-173
Agenda Item Number
8.L.
Entity Name
State of Florida Division of Emergency Management
Subject
Federally Funded Subgrant Agreement
Supplemental fields
SmeadsoftID
9736
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A TRUE COPY <br /> : CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> action as stated in Paragraph (11 ) REMEDIES . "Acceptable to the Division " means that the work product was <br /> completed in accordance with the Budget and Scope of Work. <br /> (e) The Recipient shall provide additional program updates or information that may be required <br /> by the Division . <br /> (f) The Recipient shall provide additional reports and information identified in Attachment D . <br /> (8) MONITORING . <br /> The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors <br /> and/or consultants who are paid from funds provided under this Agreement , to ensure that time schedules are <br /> being met , the Schedule of Deliverables and Scope of Work are being accomplished within the specified time <br /> periods , and other performance goals are being achieved . A review shall be done for each function or activity in <br /> Attachment A to this Agreement , and reported in the quarterly report . <br /> In addition to reviews of audits conducted in accordance with paragraph (6) above , monitoring procedures <br /> may include , but not be limited to , on -site visits by Division staff, limited scope audits , and/or other procedures . <br /> The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed <br /> appropriate by the Division . In the event that the Division or the Department determines that a limited <br /> scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional <br /> instructions provided by the Division or the Department to the Recipient regarding such audit. The <br /> Recipient further agrees to comply and cooperate with any inspections, reviews , investigations or audits <br /> deemed necessary by the Florida Chief Financial Officer or Auditor General . In addition , the Division will <br /> monitor the performance and financial management by the Recipient throughout the contract term to <br /> 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 . Stat . , <br /> the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement , and shall <br /> hold the Division harmless against all claims of whatever nature by third parties arising from the work <br /> performance under this Agreement. For purposes of this Agreement , Recipient agrees that it is not an employee <br /> or agent of the Division , but is an independent contractor. <br /> (b) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat . , <br /> agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against <br /> the Division , and agrees to be liable for any damages proximately caused by the acts or omissions to the extent <br /> set forth in Section 768 . 28 , Fla . Stat . Nothing herein is intended to serve as a waiver of sovereign immunity by <br /> any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state <br /> agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. <br /> (10) DEFAULT . <br /> If any of the following events occur ( ' Events of Default') , all obligations on the part of the Division <br /> to make further payment of funds shall , if the Division elects , terminate and the Division has the option to exercise <br /> any of its remedies set forth in Paragraph (11 ) . However, the Division may make payments or partial payments <br /> 5 <br />
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