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2006-402
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2006-402
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review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment <br /> A to this Agreement, and reported in the quarterly report. <br /> In addition to reviews of audits conducted in accordance with OMB Circular A-133 , as revised and <br /> Section 215.97, Fla. Stat. ( see Paragraph (6) AUDIT REQUIREMENTS , above ), monitoring procedures <br /> may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB <br /> Circular A-133, as revised , and/or other procedures . By entering into this Agreement, the Recipient <br /> agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the <br /> Division . In the event that the Division determines that a limited scope audit of the Recipient is <br /> appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to <br /> the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any <br /> inspections , reviews, investigations or audits deemed necessary by the Comptroller or Auditor General . <br /> In addition , the Division will monitor the performance and financial management by the Recipient <br /> 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 tortious acts which result in claims or suits against the Division, and agrees <br /> to be liable for any damages proximately caused by said acts or omissions . Nothing herein is intended to <br /> serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing <br /> herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued <br /> by third parties in any matter arising out of any contract. <br /> 7 <br />
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