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DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C
<br />(25) Employment Eligibility Verification.
<br />(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess
<br />of nominal value to expressly require the Recipient to:
<br />1. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
<br />eligibility of all new employees hired by the Recipient during the Agreement term; and,
<br />2. Include in all contracts under this Agreement the requirement that contractors, subcontractors,
<br />consultants and subrecipients performing work or providing services pursuant to this Agreement use the E -Verify
<br />system to verify the employment eligibility of all new employees hired by the contractors, subcontractors,
<br />consultants and subrecipients during the term of the contract.
<br />(b) The Department of Homeland Security's E -Verify system can be found at:
<br />https: //www.e-verify.govl
<br />(c) If the Recipient does not have an E -Verify Memorandum of Understanding in effect, the Recipient
<br />must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement.
<br />(26) Program Income.
<br />(a) The Recipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.489(e)) generated by
<br />activities carried out with CDBG funds made available under this Agreement as part of the Recipient's Quarterly
<br />Progress Report, Form SC -65. The Recipient shall use program income in accordance with the applicable requirements
<br />of 2 C.F.R. part 200, 24 C.F.R. part 570, sections 290.046-290.048, F.S., chapter 73C-23.0051, F.A.C., and the terms of
<br />this Agreement.
<br />(b) The Recipient shall return all program income generated after closeout to DEO. The Recipient shall return
<br />all program income generated prior to closeout to DEO unless the program income is used to fund additional units of
<br />CDBG activities, specified in a modification to this Agreement, and duly executed prior to administrative closeout.
<br />DEO or the State may require remittance of all or a portion of any balance of a Recipient's program income at the end
<br />of a program year.
<br />(27) Independent Contractor.
<br />(a) In the Recipient's performance of its duties and responsibilities under this Agreement, it is mutually understood
<br />and agreed that the Recipient is always acting and performing as an independent contractor. Nothing in this Agreement
<br />is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between
<br />the Parties. The Recipient shall always remain an independent contractor with respect to the services to be performed
<br />under this Agreement.
<br />(b) The Recipient, its officers, agents, employees, subcontractors, or assignees, in performance of this Agreement
<br />shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner
<br />of the State of Florida. Nor shall the Recipient represent to others that, as the Recipient, it has the authority to bind
<br />DEO unless specifically authorized to do so.
<br />(c) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State
<br />retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties
<br />and obligations of this Agreement.
<br />(d) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed
<br />to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer,
<br />or partner of the State of Florida.
<br />(e) Unless justified by the Recipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services
<br />of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient or its
<br />subcontractor or assignee.
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