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2021-070
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2021-070
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Last modified
6/25/2021 4:10:51 PM
Creation date
6/24/2021 1:17:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/04/2021
Control Number
2021-070
Agenda Item Number
8.K.
Entity Name
Federal Emergency Management Agency (FEMA)
Subject
Jones’ Pier Conservation Area Public Improvements Hazard Mitigation Assistance
Federally-funded Sub Award and Grant Agreement No. H0566
Project Number
4283-91-R
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e. The Sub -Recipient shall. provide additional program updates or information that may <br />be required by the Division. <br />f. The Sub -Recipient shall provide additional reports and information identified in <br />Attachment F. <br />(13) MONITORING <br />a. The Sub -Recipient shall monitor its performance under this Agreement, as well as <br />that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to <br />ensure 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 />review shall be done for each function or activity in Attachment A 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 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 and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient <br />shall hold the Division harmless against all claims of whatever nature by third parties arising from the <br />work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is <br />not 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 />11 <br />
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