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2019-197
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2019-197
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Last modified
1/21/2020 3:14:33 PM
Creation date
12/2/2019 1:06:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-197
Agenda Item Number
15.A.1.
Entity Name
Florida Fish and Wildlife Conservation Committee and
Indian River County, Parks and Conservation Resources
Subject
to Authorize the Chairman to execute in duplicate and return to
staff to forward on to the State for signatures.
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A TRUE COPY <br />FWC Agreement No. CERTIFICATION ON LAST PAGE <br />504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act <br />of 1975 (89 Stat. 728; 42 U.S.C. 6101 et seq.); and with all other Federal laws, regulations, and <br />policies prohibiting discrimination on the grounds of race, color, national origin, handicap, <br />religion, sex, or sexual orientation, in providing for facilities and service to the public. <br />b. Public Laws. Nothing herein contained in this Agreement shall be deemed to be <br />inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the <br />District establishing, affecting, or relating to the Agreement. <br />c. Appropriations. Nothing contained in this Agreement shall be construed as binding <br />the COMMISSION to expend in any one fiscal year any sum in excess of appropriations made by <br />Congress, and available for the purposes of this Agreement for that fiscal year, or as involving <br />the United States in any contract or other obligation for the further expenditure of money in <br />excess of such appropriations. <br />10. NON -ASSIGNMENT. This Agreement may not be assigned in whole or in part without the <br />written approval of all parties. Any such assignment or attempted assignment shall be null and <br />void. <br />11. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the <br />State of Florida and shall be construed in accordance with the laws of Florida. Wherever <br />possible, each provision of this Agreement shall be interpreted in such manner as to be effective <br />and valid under applicable law, but if any provision of this Agreement shall be prohibited or <br />invalid under applicable law, such provision shall be ineffective to the extent of such prohibition <br />or invalidity, without invalidating the remainder of such provision or the remaining provisions of <br />this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon <br />County, Florida, to the exclusion of all other lawful venues. <br />12. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be <br />construed to grant any rights, privileges or interest to any person not a party to this Agreement. <br />13. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby <br />waive trial by jury in any action or proceeding brought by any party against any other party <br />pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, <br />or with the products or services provided under this Agreement; including but not limited to any <br />claim of quantum meruit. <br />14. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96- <br />236, the COMMISSION shall consider the employment by the COOPERATOR of unauthorized <br />aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation <br />shall be cause for unilateral cancellation of this Agreement if the COOPERATOR knowingly <br />employs unauthorized aliens. <br />15. EMPLOYMENT ELIGIBILITY VERIFICATION. The COOPERATOR shall enroll in and <br />use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification <br />Page 6 of 8 <br />
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