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2019-113
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2019-113
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Last modified
12/27/2019 1:59:58 PM
Creation date
9/9/2019 10:21:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
08/13/2019
Control Number
2019-113
Agenda Item Number
8.E.
Entity Name
State of Florida, Division of Emergency Management
Subject
Emergency Management Preparedness Assistance Grant (EMPG)
Federally-Funded Subgrant Agreement G002 to operate Emergency Management Program
Project Number
G0002
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review shall be done for each function or activity in the Budget (Attachment A) and Scope of Work <br />(Attachment B) to this Agreement, and reported in Quarterly Reports (Attachment D). <br />b. In addition to reviews of audits, monitoring procedures may include, but not be limited <br />to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient <br />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 Sub-Recipient is <br />appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division <br />to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate <br />with any 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 Sub-Recipient throughout the contract term to ensure timely completion of all tasks. <br />(14)LIABILITY <br />a. Unless Sub-Recipient is a State agency or subdivision, as defined in section <br />768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out <br />the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient 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, Sub-Recipient agrees that it is not <br />an employee or agent of the Division, but is an independent contractor. <br />b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a <br />state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully <br />responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br />Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the <br />extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of <br />sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be <br />construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in <br />any matter arising out of any contract. <br />(15)DEFAULT. <br />If any of the following events occur ("Events of Default"), all obligations on the part of the <br />Division to make further payment of funds shall terminate and the Division has the option to exercise any <br />of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments <br />after any Events of Default without waiving the right to exercise such remedies, and without becoming <br />liable to make any further payment if: <br />a. Any warranty or representation made by the Sub-Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- <br />Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br />11 <br />
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