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A TRUE COPY <br />CERTIFICATION ON LAST PAGE; <br />J.R. SMITH, CLERK <br />(g) By the date due, send any reports, management letter, or other information required to be <br />submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and <br />Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor <br />General, as applicable <br />(h) Recipients should state the date that the reporting package was delivered to the Recipient <br />when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A- <br />133 or Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the <br />Auditor General <br />(1) If the audit shows that all or any portion of the funds disbursed were not spent in accordance <br />with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all <br />funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after <br />the Division has notified the Recipient of such non-compliance <br />(j) The Recipient shall have all audits completed by an independent certified public accountant <br />(IPA), either a certified public accountant or a public accountant licensed under Chapter 473 Fla. Stat. The IPA <br />shall state that the audit complied with the applicable provisions noted above The audit must be received by the <br />Division no later than nine months from the end of the Recipient's fiscal year <br />(7) REPORTS. <br />(a) The Recipient shall provide the Division with quarterly financial reports and a close-out report. <br />These reports shall include the current status and progress by the Recipient and all subrecipients and <br />subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this <br />Agreement, in addition to any other information requested by the Division. <br />(b) Quarterly financial reports are due to the Division no later than 30 days after the end of each <br />quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. <br />The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30 <br />(c) The close-out report is due 60 days after termination of this Agreement or 60 days after <br />completion of the activities contained in this Agreement, whichever first occurs. <br />(d) If all required reports and copies are not sent to the Division or are not completed in a manner <br />acceptable to the Division, the Division may withhold further payments until they are completed or may take other <br />action as stated in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P-19 014 Florida Administrative <br />Code "Acceptable to the Division" means that the work product was completed in accordance with the Program <br />Budget and Scope of Work. <br />(e) The Recipient shall provide additional program updates or information that may be required by <br />the Division <br />(f) The Recipient shall provide additional reports and information identified in Attachment C <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 B to this Agreement, and reported in the quarterly financial 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. The <br />Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the <br />Division In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the <br />Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such <br />audit. The 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 monitor <br />the performance and financial management by the Recipient throughout the contract term to ensure timely <br />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. the <br />Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the <br />Division harmless against all claims of whatever nature by third parties arising from the work performance under <br />3 <br />