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04/08/2014
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04/08/2014
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Last modified
4/4/2018 7:02:35 PM
Creation date
3/23/2016 8:46:18 AM
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/08/2014
Meeting Body
Board of County Commissioners
Book and Page
351
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000D\S0003VE.tif
SmeadsoftID
13695
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FWC Agreement No. 13127 <br />developed by the Grantee under this Agreement for the Commission shall be handled in the <br />manner specified by the applicable state statute and/or federal program requirements. <br />C. Commission Intellectual Property Rights. Where activities supported by this Agreement <br />produce original writing, sound recordings, pictorial reproductions, drawings or other graphic <br />representations and works of any similar nature, the Commission and the State of Florida have the <br />unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such <br />materials in whole or in part, in any manner, for any purpose whatsoever and to have others <br />acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the <br />federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, <br />publish, or otherwise use the work for federal purposes, and to authorize others to do so. <br />14. RELATIONSHIP OF THE PARTIES. <br />A. Independent Grantee. The Grantee shall perform as an independent Grantee and not as an <br />agent, representative, or employee of the Commission. The Grantee covenants that it presently <br />has no interest and shall not acquire any interest that would conflict in any manner or degree with <br />the performance of services required. Each Party hereto covenants that there is no conflict of <br />interest or any other prohibited relationship between the Grantee and the Commission. <br />B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, <br />subcontractors, or agents performing work under the Agreement shall be properly trained <br />technicians who meet or exceed any specified training qualifications. Upon request, Grantee <br />shall furnish a copy of technical certification or other proof of qualification. <br />C. Commission Security. All employees, subcontractors, or agents performing work under the <br />Agreement must comply with all security and administrative requirements of the Commission. <br />The Commission may conduct, and the Grantee shall cooperate in, a security background check <br />or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The <br />Commission may refuse access to, or require replacement of, any personnel for cause, including, <br />but not limited to, technical or training qualifications, quality of work, change in security status, <br />or non-compliance with the Commission's security or other requirements. Such refusal shall not <br />relieve Grantee of its obligation to perform all work in compliance with the Agreement. The <br />Commission may reject and bar from any facility for cause any of Grantee's employees, <br />subcontractors, or agents. <br />D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at <br />all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to <br />another governmental agency in the State of Florida, upon giving prior written notice to the <br />Grantee. <br />E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that <br />the Commission may undertake or award supplemental agreements for work related to the <br />Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the <br />Commission in all such cases. <br />15. SUBCONTRACTS. <br />A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the <br />following terms and conditions apply. 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 <br />Ver. October 15, 2013 Page 7 of 19 <br />112 <br />
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