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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />R. SMITH, CLERK <br />FWC Agreement No. 21255 <br />Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and <br />conditions apply. <br />A. Authority. The Grantee shall ensure, and provide assurances to the Commission upon request, that any <br />subcontractor selected for work under this Agreement has the necessary qualifications and abilities to <br />perform in accordance with the terms and conditions of this Agreement. The Grantee must provide the <br />Commission with the names of any subcontractor considered for work under this Agreement; the <br />Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee <br />agrees to be responsible for all work performed and all expenses incurred with the project. Any <br />subcontract arrangements must be evidenced by a written document available to the Commission upon <br />request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by <br />law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee <br />shall be solely liable 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 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, joint venture, or partner of the State of Florida. <br />15. MANDATORY DISCLOSURE. <br />These disclosures are required by State law, as indicated, and apply when this Agreement includes State <br />funding; and by Federal law, as indicated, and apply when the Agreement includes 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 hereby certifies that neither it, nor any person or affiliate of Grantee, <br />has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the <br />convicted vendor list. 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 <br />who has been placed on the convicted vendor list following a conviction for a public entity <br />GRANT - GOVERNMENTAL ENTITY June 2019 Page 9 of 20 <br />