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2011-239A
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2011-239A
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Last modified
2/18/2016 12:06:06 PM
Creation date
10/1/2015 4:12:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2011
Control Number
2011-239A
Agenda Item Number
8.H.
Entity Name
Florida Division of Emergency Management
Subject
Federally-Funded Subgrant Agreement
Homeland Security Community Emergency Response Team Award
Alternate Name
CERT
Supplemental fields
SmeadsoftID
10995
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( 8 ) MONITORING . <br /> The Recipient shall monitor its performance under this Agreement , as well as that of its <br /> subcontractors and/or consultants who are paid from funds provided under this Agreement , to <br /> ensure that time schedules are being met , the Schedule of Deliverables and Scope of Work are <br /> being accomplished within the specified time periods , and other performance goals are being <br /> achieved . A review shall be done for each function or activity in Attachment A to this Agreement, <br /> and reported in the quarterly report . <br /> In addition to reviews of audits conducted in accordance with paragraph (6 ) above , <br /> monitoring procedures may include , but not be limited to , on -site visits by Division staff, limited <br /> scope audits , and/or other procedures . The Recipient agrees to comply and cooperate with any <br /> monitoring procedures/processes deemed appropriate by the Division . In the event that the <br /> Division determines that a limited scope audit of the Recipient is appropriate , the Recipient <br /> agrees to comply with any additional instructions provided by the Division to the Recipient <br /> regarding such audit . The Recipient further agrees to comply and cooperate with any <br /> inspections , reviews , investigations or audits deemed necessary by the Florida Chief Financial <br /> Officer or Auditor General . In addition , the Division will monitor the performance and financial <br /> management by the Recipient throughout the contract term to ensure timely completion of all <br /> tasks . <br /> ( 9 ) LIABILITY <br /> ( a ) Unless Recipient is a State agency or subdivision , as defined in Section <br /> 768 . 287 Fla . Stat . , the Recipient is solely responsible to parties it deals with in carrying out the <br /> terms of this Agreement , and shall hold the Division harmless against all claims of whatever <br /> nature by third parties arising from the work performance under this Agreement . For purposes of <br /> this Agreement , Recipient agrees that it is not an employee or agent of the Division , but is an <br /> independent contractor. <br /> ( b ) Any Recipient which is a state agency or subdivision , as defined in Section <br /> 768 . 28 , Fla . Stat. , agrees to be fully responsible for its negligent or tortious acts or omissions <br /> which result in claims or suits against the Division , and agrees to be liable for any damages <br /> proximately caused by the acts or omissions to the extent set forth in Section 768 . 28 , Fla . Stat. <br /> Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which <br /> sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of any <br /> contract . <br /> ( 10 ) DEFAULT . <br /> If any of the following events occur ( " Events of Default" ) , all obligations on the <br /> part of the Division to make further payment of funds shall , if the Division elects , terminate and <br /> the Division has the option to exercise any of its remedies set forth in Paragraph ( 11 ) . However, <br /> Page 5 of 50 <br />
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