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2005-101
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16 . The parties agree that there is no conflict of interest or any other prohibited relationship between the <br /> GRANTEE and the COMMISSION . <br /> INSURANCE REQUIREMENTS <br /> 17 . To the extent required by law , the GRANTEE will either be self- insured for Worker's Compensation <br /> claims , or will secure and maintain during the life of this Agreement , Worker's Compensation Insurance for all of <br /> its employees connected with the work of this project . If any work is subcontracted , the GRANTEE shall require <br /> the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless <br /> such employees are covered by the protection afforded by the GRANTEE . Such self- insurance program or <br /> insurance coverage shall comply fully with the Florida Worker's Compensation law . In case any class <br /> of <br /> employees engaged in hazardous work under this Agreement is not protected under the Worker's <br /> Compensation statutes , the GRANTEE shall provide , and cause each subcontractor to provide , adequate <br /> insurance satisfactory to the COMMISSION , for the protection of his employees not otherwise protected . <br /> Employers who have employees who are engaged in work in Florida must use Florida rates , rules <br />, and <br /> classifications for those employees . In the construction industry, only corporate officers of a corporation or any <br /> group of affiliated corporations may elect to be exempt from workers ' compensation coverage requirements . <br /> Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at <br /> least 10 % of the corporation . Independent contractors , sole proprietors and partners in the construction <br /> industry cannot elect to be exempt and must maintain workers' compensation insurance . <br /> 18 . The GRANTEE , as an independent contractor and not an agent , representative , or employee of the <br /> COMMISSION , agrees to carry adequate liability and other appropriate forms of insurance . The COMMISSION <br /> shall have no liability except as specifically provided in this Agreement . <br /> CANCELLATION UNDER CHAPTER 119 , FLORIDA STATUTES <br /> 19 . This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to <br /> allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter 119 , <br /> Florida Statutes , and made or received by the GRANTEE on conjunction with this Agreement . <br /> RECORD KEEPING REQUIREMENTS <br /> 20 . The GRANTEE shall maintain accurate books , records , documents and other evidence that sufficiently <br /> and properly reflect all direct and indirect costs of any nature expended in the performance of this contract , in <br /> accordance with generally accepted accounting principals . The GRANTEE shall allow the COMMISSION , the <br /> State , or other authorized representatives , access to periodically inspect , review or audit such documents as <br /> books , vouchers , records , reports , canceled checks and any and all similar material . Such audit may include <br /> examination and review of the source and application of all funds whether from the state , local <br /> or federal <br /> government, private sources or otherwise . These records shall be maintained for five ( 5 ) years following the <br /> close of this contract . In the event any work is subcontracted , the GRANTEE shall require each subcontractor <br /> to similarly maintain and allow access to such records for audit purposes . <br /> LIABILITY <br /> 21 . Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of <br /> its <br /> employees and agents . However , nothing contained herein shall constitute a waiver by either party <br /> of its <br /> sovereign immunity or the provisions of Section 768 . 28 , Florida Statutes . <br /> NON -DISCRIMINATION <br /> Page 3 of 14 <br />
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