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2006-245
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2006-245
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Last modified
8/22/2016 5:00:15 PM
Creation date
9/30/2015 9:51:48 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/11/2006
Control Number
2006-245
Agenda Item Number
11.B.1.
Entity Name
Division of Emergency Management
Subject
State funded subgrant agreement, Hazard Analysis
contract #07cp-11-10-40-01-026
Supplemental fields
SmeadsoftID
5720
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(g) The Recipient shall have all audits completed in accordance with Section 215 . 97 , Fla. <br /> Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant <br /> or a public accountant licensed under Chapter 473, Fla . Stat. The IPA shall state that the audit complied <br /> with the applicable provisions noted above . The audit must be submitted to the Division no later than <br /> seven (7) months from the end of the Recipient's fiscal year. <br /> (7) REPORTS <br /> (a ) If all required reports and copies, prescribed above , are not sent to the Division or are <br /> not completed in a manner acceptable to the Division , the Division may withhold further payments until <br /> they are completed or may take such other action as set forth in Paragraph ( 11 ) REMEDIES . <br /> "Acceptable to the Division" means that the work product was completed in accordance with the Financial <br /> Compensation Requirements - Attachment A - and the Scope of Work and Schedule of Payments - <br /> Attachment-B . <br /> (b) The Recipient shall provide such additional program updates or information as may <br /> be required by the Division . <br /> (8) MONITORING <br /> The Recipient shall monitor its performance under this Agreement, as well as that of its <br /> subcontractors, sub-recipients and consultants who are paid from funds provided under this Agreement, <br /> to ensure that time schedules are met, the Scope of Work and Schedule of Payments is accomplished <br /> within the specified time periods, and other performance goals stated in this Agreement are achieved . <br /> Such review shall be made for each function or activity set forth in Attachment B to this Agreement. <br /> In addition to reviews of audits conducted in accordance with OMB Circular A-133 , as <br /> revised and Section 215. 97 , Fla . Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above) , monitoring <br /> procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as <br /> defined by OMB Circular A-133 , as revised , and/or other procedures. By entering into this Agreement, <br /> the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed <br /> appropriate by the Division . In the event that the Division determines that a limited scope audit of the <br /> Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the <br /> Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate <br /> with any inspections , reviews, investigations or audits deemed necessary by the Comptroller or Auditor <br /> General . In addition , the Division will monitor the performance and financial management by the <br /> Recipient throughout the contract term to ensure timely completion of all tasks. <br /> (9) LIABILITY <br /> (a) Unless Recipient is a State agency or subdivision , as defined in Section 768. 28 , Fla . <br /> Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms <br /> of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third <br /> parties arising out of the performance of work under this agreement. For purposes of this Agreement, <br /> Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. <br /> (b) Any Recipient who is a state agency or subdivision , as defined in Section 768. 28, <br /> Fla . Stat. , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat. for its <br /> negligent acts or omissions or tortuous acts which result in claims or suits against the Division , and <br /> agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is <br /> intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity <br /> applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of <br /> Florida to be sued by third parties in any matter arising out of any contract. <br /> 4 <br />
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