Laserfiche WebLink
(8) AUDITS <br />(a) Sub -Recipient's performance under this Agreement is subject to the applicable <br />requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part <br />200 hereinafter referred to as the "Uniform Guidance." <br />(b) Sub -Recipient shall retain all records pertaining to this Agreement, regardless of the form <br />of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, <br />supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") <br />for a period of five State fiscal years after all reporting requirements are satisfied and final payments have <br />been received, or if an audit has been initiated and audit findings through ligation or otherwise. <br />(c) If Sub -Recipient's expenditures of State of Federal awards during its applicable fiscal <br />year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this <br />Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to <br />this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - <br />Recipient shall ensure that all related party transactions are disclosed to the auditor. <br />(d) The reporting packages for required audits must be timely submitted in accordance with <br />the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and <br />audits of Federal awards conducted in accordance with Subparagraph (c) above. <br />(9) 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 <br />Division harmless against all claims of whatever nature by third parties arising from the work performance <br />under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee <br />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 state <br />agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for <br />its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees <br />to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section <br />768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any <br />Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a <br />state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of <br />any contract. <br />N <br />