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2013-149
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Last modified
12/7/2015 12:58:27 PM
Creation date
10/1/2015 5:30:59 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/20/2013
Control Number
2013-149
Agenda Item Number
8.BB.
Entity Name
Department of Economic Opportunity
Subject
Technical Assistance Grant
Improvements 45th St. Gifford
Supplemental fields
SmeadsoftID
12150
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c . Subject to compensation due the RECIPIENT for any work satisfactorily completed prior to any <br /> notice of termination, following the termination of this Agreement, all funds which as of that date <br /> were previously provided by the DEPARTMENT and not expended by the RECIPIENT shall <br /> revert to the State of Florida General Revenue Fund . The requirement for the return of and <br /> method of repayment of any remaining funds shall be at the sole discretion of the DEPARTMENT. <br /> 24 , DISPUTE RESOLUTION : <br /> The Parties agree they will seek to resolve any disputes between them regarding their responsibilities <br /> as soon as possible and at the lowest level reasonable, in order to conserve the resources of <br />the <br /> Parties . The Parties further agree to use their best efforts to assure speedy and non-confrontational <br /> resolution of any and all disputes between them. If informal efforts are unsuccessful, the Parties <br /> agree to engage a mutually accepted volunteer mediator to assist them in resolving any outstanding <br /> issues . If, within a reasonable time after engaging a mutually accepted volunteer mediator, the <br /> Parties are unable to resolve any outstanding issues, the Parties agree that formal resolution, <br /> including but not limited to any remedies available at law or in equity may be sought. This <br /> paragraph shall not be construed as a limitation on paragraph 16, INDEMNIFICATION . <br /> 25 . SEVERABILITY: <br /> If any term or provision of this Agreement is found to be illegal, invalid, or unenforceable, then <br /> such term or provision shall be severed from this Agreement. This Agreement and the rights and <br /> obligations of the Parties shall be construed as if this Agreement did not contain such severed term <br /> or provision, and this Agreement otherwise shall remain in full force and effect. <br /> 26. PRESERVATION OF REMEDIES : <br /> No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach <br /> or default under this Agreement will impair any such right, power, or remedy of either Party, nor will <br /> such delay or omission be construed as a waiver of any such breach or default or any similar breach <br /> or default. <br /> 27 . DISCRIMINATORY VENDOR: <br /> The RECIPIENT affirms that it is aware of the provisions of Section 287 . 134 (2) (a) , Florida Statutes , <br /> and that at no time has the RECIPIENT been placed on the Discriminatory Vendor List. The <br /> RECIPIENT further agrees that it shall not violate such law during the term of this Agreement. <br /> The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for <br /> services in relation to this Agreement. <br /> 28 , NON-DISCRIMINATION : <br /> The RECIPIENT shall not discriminate against any employee employed in the performance of this <br /> Agreement, or against any applicant for employment because of age, race, sex, creed, color, <br /> handicap , national origin, or marital status <br /> 29 . HARASSMENT-FREE WORKPLACE : <br /> Page 9 of 21 <br />
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