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Last modified
4/27/2021 2:00:11 PM
Creation date
4/27/2021 11:38:50 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/20/2021
Control Number
2021-062
Agenda Item Number
8.D.
Entity Name
Florida Fish and Wildlife Conservation Commission
Subject
Derelict Vessel Removal Grant Agreement. State Award No. 20318
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FWC Agreement No. 20318 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />31. JURY TRIAL WAIVER. <br />As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or <br />proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of <br />or in any way connected with this Agreement, or with the products or services provided under this <br />Agreement, including but not limited to any claim by the Grantee of quantum meruit. <br />32. PROHIBITION OF UNAUTHORIZED ALIENS. <br />In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the <br />Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization <br />Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly <br />employs unauthorized aliens. <br />33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). <br />L Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) <br />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 Contractor during the Purchase Order term; and 2.) include <br />in all subcontracts under this Purchase Order, the requirement that subcontractors performing work or <br />providing services pursuant to this Purchase Order utilize the E -Verify system to verify the employment <br />eligibility of all new employees hired by the subcontractor during the term of the subcontract. <br />ii. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information <br />reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility <br />of all new employees hired to work in the United States. The Department of Homeland Security's E - <br />Verify system can be found online at https://www.e-verify.pov. <br />iii. Enrollment in E -Verify. As a condition precedent to entering a Purchase Order with the Commission, <br />Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall <br />result in the Purchase Order not being issued, or if discovered after issuance, termination of the <br />Purchase Order. <br />iv. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and <br />compliance with the provisions of the E -Verify program, including participation by its subcontractors <br />as provided above, and to make such records available to the Commission or other authorized state <br />entity consistent with the terms of the Contractor's enrollment in the program. This includes <br />maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify <br />Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the <br />contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract <br />with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of <br />the contract. <br />V. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment <br />Eligibility Verification provision is made an express condition of this Purchase Order and the <br />Commission may treat a failure to comply as a material breach of the agreement. If the Commission <br />terminates the Purchase Order pursuant to Section 448.095(2)(c) Florida Statute, the contractor may <br />not be awarded a public contract for at least 1 year after the date on which the contract was terminated <br />GRANT - GOVERNMENTAL ENTITY June 2019 Page 18 of 20 <br />
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