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2024-144
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2024-144
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Last modified
8/26/2024 12:12:01 PM
Creation date
7/18/2024 9:46:37 AM
Metadata
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Template:
Official Documents
Official Document Type
Application
Approved Date
07/02/2024
Control Number
2024-144
Agenda Item Number
8.K.
Entity Name
Florida Fish and Wildlife Conservation Commission
Subject
Derelict Vessel Removal Grant Application
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as <br />written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, <br />without invalidating the remainder of such provision and the remaining provisions of this Agreement. <br />The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and <br />exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' <br />transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial <br />Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed <br />to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other <br />proceeding to which this provision applies. <br />Section 30. 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 <br />of 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 Recipient of quantum meruit. <br />Section 31. NO THIRD -PARTY RIGHTS. <br />The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or <br />interest to any person not a party to this Agreement. <br />Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. <br />In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by <br />the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and <br />Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the <br />Recipient knowingly employs unauthorized aliens. <br />Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). <br />A. Requirement to Use E -Verify. <br />Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of <br />Homeland Security's E -Verify system to verify the employment eligibility of all new employees <br />hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this <br />Contract, the requirement that subcontractors performing work or providing services pursuant to <br />this Contract utilize the E -Verify system to verify the employment eligibility of all new employees <br />hired by the subcontractor during the term of the subcontract. <br />B. E -Verify Online. <br />E -Verify is an Intemet-based system that allows an employer, using information reported on an <br />employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 30 of 34 <br />
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