2009-228B - Laserfiche WebLink

Home Browse Search

(e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachments A and I to this Agreement,and reported in the monthly report. In addition to reviews of audits conducted in accordance with paragraph(6)above,monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits,and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision,as defined in Section 768.28,Fla. Stat.,the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement,Recipient agrees that it is not an employee or agent of the Department,but is an independent contractor, (b) Any Recipient which is a state agency or subdivision,as defined in Section 768.28,Fla.Stat. agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur("Events of Default"),all obligations on the part of the Department to make further payment of funds shall,if the Department elects,terminate and the Department has the option to exercise any of its remedies set forth in Paragraph(11). However,the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect,or if the Recipient fails to keep or Rev 07/31/2009 Page 5 SmeadSoft Reprint Date:Friday,March 11,2016-13:45:23-OfficialDocuments:6484,attachment rd 1,Page 14