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FWC Agreement No. 15120 <br /> 15. SUBCONTRACTS. <br /> A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the <br /> following terms and conditions apply. The Grantee shall ensure, and provide assurances to the <br /> Commission upon request, that any subcontractor selected for work under this Agreement has the <br /> necessary qualifications and abilities to perform in accordance with the terms and conditions of this <br /> Agreement. The Grantee must provide the Commission with the names of any subcontractor <br /> considered for work under this Agreement; the Commission in coordination with the Grantee <br /> reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work <br /> performed and all expenses incurred with the project. Any subcontract arrangements must be <br /> evidenced by a written document available to the Commission upon request. The Grantee further <br /> agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor <br /> for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable <br /> to the subcontractor for all expenses and liabilities incurred under the subcontract. <br /> B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, <br /> above, Grantee agrees to make payments to the subcontractor upon completion of work and <br /> submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure <br /> to make payment pursuant to any subcontract will result in a penalty charged against Grantee and <br /> paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per <br /> day from the expiration of the period allowed herein for payment. Such penalty shall be in addition <br /> to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance <br /> due." <br /> C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with <br /> Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose <br /> qualifications or performance, in the Commission's judgment, are insufficient. <br /> D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph <br /> A above, the Grantee agrees to take such actions as may be necessary to ensure that each <br /> subcontractor will be deemed to be an independent contractor and will not be considered or <br /> permitted to be an agent, servant,point venturer, or partner of the State of Florida. <br /> 16. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this <br /> Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes <br /> a Federal award. <br /> A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject <br /> to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other <br /> agent who is affiliated with this project and an employee of the State of Florida. If the Agreement <br /> includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform <br /> Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the <br /> Commission in accordance with applicable Federal awarding agency policy. <br /> B. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission, <br /> in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the <br /> convicted vendors list maintained by the Florida Department of Management Services pursuant to <br /> Section 287.133(3)(d),F.S. <br /> i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who <br /> has been placed on the convicted vendor list following a conviction for a public entity carne may <br /> not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a <br /> GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 9 of 20 <br />