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12. MONITORING <br /> A. Rule 27P-19.010(9), Florida Administrative Code, expressly states: "The Division <br /> shall be permitted to inspect and monitor the records and facilities of funded projects and award <br /> recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed <br /> to be normal business hours on Monday through Friday." <br /> B. The Recipient shall monitor its performance under this Agreement, as well as that of <br /> its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure <br /> that time schedules are being met, the Schedule of Deliverables and Scope of Work are being - <br /> accomplished within the specified time periods, and other performance goals are being achieved. A <br /> reviewshall be done for each function or activity in Attachment C to this Agreement, and reported in the. - <br /> quarterly report. <br /> C. In addition to reviews of audits conducted in accordance with paragraph 10 above, <br /> monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope <br /> audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring <br /> procedures/processes deemed appropriate by the Division. In the event that the Division determines that <br /> a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional <br /> instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees <br /> to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the <br /> Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance <br /> and financial management by the Recipient throughout the contract term to ensure timely completion of <br /> all tasks. <br /> 13. LIABILITY <br /> A. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, <br /> Florida Statutes,the Recipient is solely responsible to parties it deals with in carrying out the terms of this <br /> Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties <br /> arising from the work performance under this Agreement. For purposes of this Agreement, Recipient <br /> - - agrees that it is not an employee 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, <br /> Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result <br /> in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the <br /> acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to <br /> serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing <br /> herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued <br /> by third parties in any matter arising out of any contract. <br /> 9 <br />