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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 23214 <br />subrecipient or subcontract arrangements must be evidenced by a written document available to the <br />Commission upon request. The Recipient further agrees that the Commission shall not be liable to any <br />subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or <br />subcontract. The Recipient, at its expense, will defend the Commission against such claims. The following <br />provisions apply in addition to any terms and conditions included in Attachment A. <br />B. Recipient Payments to Subcontractor or Subrecipient. <br />If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the <br />subcontractor within seven (7) working days after receipt of full or partial payments from the Commission <br />in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient <br />and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in <br />a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one <br />percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. <br />Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the <br />outstanding balance due. <br />If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make <br />payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the <br />subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in <br />paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by <br />supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services <br />and deliverables in writing by the Recipient. <br />C. Commission Right to Reject Subrecipient or Subcontractor Employees. <br />The Commission shall retain the right to reject any of the Recipient's, subrecipient's or subcontractor's <br />employees working or anticipated to work on this project, whose qualifications or performance, in the <br />Commission's judgment, are insufficient. <br />D. Subcontractor and Subrecipient Conflict of Interest. <br />If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the <br />Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient <br />covenants that it presently has no interest and shall not acquire any interest that would conflict in any <br />manner or degree with the performance of services required. Each Party hereto covenants that there is no <br />conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or <br />subcontractor, and the Commission. <br />Section 15. MANDATORY DISCLOSURE. <br />These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; <br />and by Federal law, as indicated, and apply when the Agreement includes a Federal award. <br />A. Disclosure of Interested State Employees. <br />This Agreement is subject to Chapter 112, F. S. Recipient shall provide the name of any officer, director, <br />employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the <br />Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform <br />Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the <br />Commission in accordance with applicable Federal awarding agency policy. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 12 of 29 <br />