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AW <br />4M <br />scheduled Quality assurance and monitoring activities undertaken by the Florida Department of <br />Health. <br />C. Resolution of Issucs/Problems Identified— Me intent of this provision is to ensure quality and <br />accountability among providers. The provider is expected to work towards the achievement of <br />the indicator; set forth in this section. If the Provider fails to meet these requirements, the <br />Coalition may request the Provider to submit corrective action plan outlining steps to achieve <br />compliance. The Coalition may provide technical assistance to assist the provider in achieving <br />the standards as well as to evaluate the standards themselves. If the Provider fails to achieve <br />compliance within a time frame, mutually agreed upon between the Coalition and provider, the <br />Coalition may terminate this agreement in the absence of extenuating or mitigating <br />circumstances. The determination of extenuating or mitigating circumstances is the exclusive <br />determination of the Coalition. <br />X. Subcontracts <br />Should the Provider initiate or amend contracts with any community providers(s) for services <br />utilizing Healthy Start funding, the Providcrwill obtain written approval from the Coalition prior to <br />execution of the contract(s). All subcontractor(s) will participate in Coalition evaluation and quality <br />assurance activities as part of their contract(s) with the Provider. <br />M. Unspent Funds <br />The Provider will return to the Coalition any overpayments due to unearned funds disallowed <br />pursuant to the terms of this contract that were disbursed to the provider by the Coalition. In the <br />event that the Provider or its independent auditor discovers that an overpayment has been made, the <br />Provider shall repay said overpayment within 40 calendar days without prior notification from the <br />Coalition. In the even that the Coalition first discovers an overpayment has been made, the Coalition <br />will notify the Provider by letter of such a finding. Should repayment not be made in a timely <br />manner, the Coalition will charge interest of one (1) percent per month compounded on the <br />outstanding balance aftcr 40 calendar days after the date of notification of discovery. <br />M. Indemnifieatlon <br />The Provider agrees to be fully responsible for acts of negligence by its employees or agents when <br />acting within the scope of their employment or agency and agrees to be liable for any damages <br />resulting from said negligence in accordance with 768.28 Florida Statutes. Nothing herein is <br />intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity <br />may be applicable. <br />Nothing herein shall be construed as consent by a state agency or political subdivision of the State of <br />Florida or the Provider to be sued by third parties arising out of any contract. <br />XIII. Use of Funds For Lobbying Prohibited <br />The Provider will comply with the provisions of section 216.347, FS, which prohibit the <br />Me+norandurn of Agreement between IRC Healthy Start Coalition & LRC Board of County Commission <br />4 <br />