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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />f. The Sub -Recipient shall provide additional reports and information identified in Public <br />Assistance Program Guidance — Attachment G, and as required by FEMA or the Division. <br />(13) MONITORING <br />a. The Division shall monitor the performance of the Sub -Recipient under this Agreement, <br />as well as that of its subcontractors and/or consultants who are paid from funds provided under this <br />Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work <br />are being accomplished within the specified time periods, and other performance goals are being achieved. <br />A review shall be done for each function or activity in Attachment B to this Agreement and reported in the <br />quarterly report. <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 reviews, 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 an audit of the Sub -Recipient is appropriate, the <br />Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub - <br />Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any <br />inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or <br />Auditor General. In addition, the Division will monitor the performance and financial management by the <br />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 768.28(2) <br />Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of <br />this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division <br />harmless against all claims of whatever nature by third parties arising from the work performance under <br />this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent <br />of the Division but is an independent contractor. <br />As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a State agency or <br />subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent <br />or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for <br />any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida <br />Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to <br />which 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 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 />13 <br />