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2005-294 1 of 2
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2005-294 1 of 2
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(e) The Recipient shall provide such additional program updates or information as <br /> may be required by the Department . <br /> (f) The Recipient shall provide additional reports and information as identified in <br /> Attachment D . <br /> ( 8) MONITORING <br /> The Recipient shall monitor its performance under this Agreement, as well as that of its <br /> subcontractors , subrecipients and consultants who are paid from funds provided under this <br /> Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished <br /> within the specified time periods, and other performance goals stated in this Agreement are <br /> achieved . Such review shall be made for each function or activity set forth in Attachment B and <br /> B - 1 to this Agreement, and reported in the semi -annual and end of year progress reports . <br /> In addition to reviews of audits conducted in accordance with OMB Circular A- 133 , as <br /> revised and Section 215 . 97 , Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS , <br /> above ) , monitoring procedures may include, but not be limited to , on- site visits by Department <br /> staff, limited scope audits as defined by OMB Circular A- 133 , as revised , and/or other procedures . <br /> By entering into this Agreement, the Recipient agrees to comply and cooperate with all <br /> monitoring procedures/processes deemed appropriate by the Department . In the event that the <br /> Department determines that a limited scope audit of the Recipient is appropriate , the Recipient <br /> agrees to comply with any additional instructions provided by the Department to the Recipient <br /> regarding such audit . The Recipient further agrees to comply and cooperate with any inspections , <br /> reviews , investigations or audits deemed necessary by the Comptroller or Auditor General . In <br /> addition, the Department will monitor the performance and financial management by the Recipient <br /> throughout the contract term to ensure timely completion of all tasks . <br /> (9) L ABTU= <br /> (a) Unless Recipient is a State agency or subdivision , as defined in Section <br /> 768 . 282 Florida Statutes , the Recipient shall be solely responsible to parties with whom it shall <br /> deal in carrying out the terms of this agreement, and shall hold the Department harmless against all <br /> claims of whatever nature by third parties arising out of the performance of work under this <br /> agreement . For purposes of this agreement, Recipient agrees that it is not an employee or agent of <br /> the Department, but is an independent contractor . <br /> (b) Any Recipient who is a state agency or subdivision, as defined in Section <br /> 768 . 28 , Florida Statutes , agrees to be fully responsible to the extent provided by Section 768 . 28 <br /> Florida Statutes, for its negligent acts or omissions or tortious acts which result in claims or suits <br /> against the Department, and agrees to be liable for any damages proximately caused by said acts or <br /> omissions . Nothing herein is intended to serve as a waiver of sovereign immunity by any <br /> 9 <br />
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