Laserfiche WebLink
FWC Agreement No. 13127 <br />this Agreement. The Grantee must provide the Commission with the names of any subcontractor <br />considered for work under this Agreement; the Commission reserves the right to reject any <br />subcontractor. The Grantee agrees to be responsible for all work performed and all expenses <br />incurred with the project. Any subcontract arrangements must be evidenced by a written <br />document available to the Commission upon request. The Grantee further agrees that the <br />Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under <br />the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and <br />liabilities incurred under the subcontract. The Grantee, at its expense, will defend the Grantor <br />against such claims. The following provisions apply, in addition to any terms and conditions <br />included in Attachment A, Scope of Work. <br />B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, <br />above, the Grantee agrees to make payments to the subcontractor within seven (7) working days <br />after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, <br />F.S., unless otherwise stated in the agreement between the Grantee and subcontractor. Grantee's <br />failure to pay its subcontractors within seven (7) working days will result in a penalty charged <br />against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of <br />the amount due per day from the expiration of the period allowed herein for payment. Such <br />penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of <br />the outstanding balance due <br />C. Commission Right to Reject Subcontractor Employees. The Commission shall retain the right <br />to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, <br />in the Commission's judgment, are insufficient. <br />D. Subcontractor as Independent Contractor. The Grantee agrees to take such actions as may be <br />necessary to ensure that each subcontractor will be deemed to be an independent contractor and <br />will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State <br />of Florida. <br />16. MANDATORY DISCLOSURE. <br />A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. <br />Grantee shall disclose the name of any officer director, employee, or other agent who is also an <br />employee of the State of Florida. Grantee shall also disclose the name of any State employee <br />who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its <br />affiliates. <br />B. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. <br />Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to <br />the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation <br />investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting. the <br />Grantee's ability to perform under this agreement If the existence of such Proceeding causes the <br />Commission concern that the Grantee's ability or willingness to perform the Agreement is <br />jeopardized, the Grantee may be required to provide the Commission with reasonable assurances <br />to demonstrate that: a ) the Grantee will be able to perform the Agreement in accordance with its <br />terms and conditions; and, b.) Grantee and/or its employees agents or subcontractor(s) have not <br />and will not engage in conduct in performing services for the Commission which is similar in <br />nature to the conduct alleged in such Proceeding. <br />17. INSURANCE. <br />Ver. October 15, 2013 Page 8 of 19 <br />