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2020-125
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b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter <br />of the program year and must be sent each quarter until submission of the administrative <br />close-out report. The ending dates for each quarter of the program year are March 31, <br />June 30, September 30, and December 31. The first quarterly report due pursuant to this <br />agreement is due for the quarter ending September 30, 2020. <br />c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days <br />after completion of the activities contained in this Agreement, whichever occurs first. <br />d. If all required reports and copies are not sent to the Division or are not completed in a <br />manner acceptable to the Division, the Division may withhold further payments until they <br />are completed or may take other action as stated in Paragraph (15) REMEDIES. <br />"Acceptable to the Division" means that the work product was completed in accordance <br />with the Budget and Scope of Work. <br />e. The Subrecipient must provide additional program updates or information that may be <br />required by the Division. <br />(12)MONITORING <br />In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS <br />above, monitoring procedures may include, but not be limited to, on-site visits by Division <br />staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and <br />cooperate with any monitoring procedures/processes deemed appropriate by the Division. <br />In the event that the Division determines that a limited scope audit of the Subrecipient is <br />appropriate, the Subrecipient agrees to comply with any additional instructions provided by <br />the Division to the Subrecipient regarding such audit. The Subrecipient further agrees to <br />comply and cooperate with any inspections, reviews, investigations or audits deemed <br />necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division <br />will monitor the performance and financial management by the Subrecipient throughout the <br />period of agreement to ensure timely completion of all tasks. <br />(13)LIABILITY <br />Any Subrecipient 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 <br />which result in claims or suits against the Division, and agrees to be liable for any damages <br />proximately caused by the acts or omissions to the extent set forth in section 768.28, <br />Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by <br />any party to which sovereign immunity applies. Nothing herein will be construed as consent <br />by a state agency or subdivision of the State of Florida to be sued by third parties in any <br />matter arising out of this Agreement. <br />(14)DEFAULT <br />a. 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 will, if the Division elects, terminate and the <br />Division has the option to exercise any of its remedies set forth in Paragraph (15) <br />REMEDIES. However, the Division may make payments or partial payments after any <br />Events of Default without waiving the right to exercise such remedies, and without <br />becoming liable to make any further payment. <br />b. If any warranty or representation made by the Subrecipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or <br />if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this <br />
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