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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK FWC Agreement No. 23214 Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY) A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at httips://www.e-verifv.eov. C. Enrollment in E -Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 26 of 29