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<br />.. <br /> <br />Department of Community Affairs <br />Cashier <br />Finance and Accounting <br />2555 Shumard Oak Boulevard <br />Tallahassee FL 32399-2100 <br /> <br />(5) RECORDKEEPING <br /> <br />(a) All original records pertinent to this Agreement shall be retained by the Recipient for <br />three years following the date of termination of this Agreement or of submission of the final close-out <br />report, whichever is later, with the following exceptions: <br /> <br />1, If any litigation, claim or audit is started before the expiration of the three year <br />period and extends beyond the three year period, the records will be maintained until all litigation, claims <br />or audit findings involving the records have been resolved, <br /> <br />2. Records for the disposition of non-expendable personal property valued at <br />$5,000 or more at the time of acquisition shall be retained for three years after final disposition. <br /> <br />after closing of title. <br /> <br />3. Records relating to real property acquisition shall be retained for three years <br /> <br />(b) All records, including supporting documentation of all program costs, shall be <br />sufficient to determine compliance with the requirements and objectives of the Scope of Work and <br />Schedule of Deliverables - Attachment A - and all other applicable laws and regulations. <br /> <br />(c) The Recipient, its employees or agents, including all subcontractors or consultants <br />to be paid from funds provided under this Agreement, shall allow access to its records at reasonable <br />times to the Department, its employees, and agents. "Reasonable" shall be construed according to the <br />circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.. local <br />time. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the <br />Department. <br /> <br />(6) MONITORING. <br /> <br />The Recipient shall constantly monitor its performance under this Agreement to ensure <br />that time schedules are being met, the Scope of Work is being accomplished within specified time <br />periods, and other performance goals are being achieved. Such review shall be made for each function <br />or activity set forth in Attachment A to this Agreement. <br /> <br />(7) LIABILITY. <br /> <br />(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be <br />safely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall <br />save the Department harmless against all claims of whatever nature by third parties arising out of the <br />performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is <br />not an employee or agent of the Department, but is an independent contractor. <br /> <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 for its negligent acts or omissions or tortious acts which result in <br />claims or suits against the Department. and agrees to be liable for any damages proximately caused by <br />said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any <br /> <br />2 <br />