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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 />Section 27. NON-DISCRIMINATION. <br />No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or <br />marital status, shall be excluded from participation in, be denied the proceeds or benefits of, or be <br />otherwise subjected to discrimination in performance of this Agreement. <br />Section 28. MEDIATION. <br />In the event of any claim or dispute arising by or between the Commission and the Recipient, each party <br />shall continue to perform as required under the Agreement, notwithstanding the existence of such claim <br />or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited <br />to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts <br />due for payment hereunder. <br />Except for any claim, dispute, or matter in question that has been waived by the acceptance of final <br />payment, or that is otherwise barred by the applicable statute of limitations or other provision of law, <br />any claim, dispute, or other matter in question arising out of, or relating to, the Work or the Agreement <br />or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in <br />Tallahassee, Florida <br />The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten <br />working days of the event giving rise to the claim or dispute. <br />i. Such notice shall give the other party ten working days from receipt of the notice to respond <br />in writing. <br />ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this <br />clause initiating non-binding mediation by sending a demand for mediation in writing to the <br />other party within seven (7) days. <br />iii. The Parties have two weeks after notice to agree in writing upon a mediator. <br />iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties <br />shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to <br />appoint a Florida Supreme Court certified mediator. <br />a. The mediator's fees shall be born equally by the Parties involved in the mediation and <br />shall pay all of its own attorneys' fees and expenses related to the mediation unless <br />otherwise agreed. <br />b. Unless otherwise agreed by the Parties in writing, such mediation shall take place <br />within forty-five (45) days of the appointment of, or agreement to, the mediator if the <br />mediator's schedule so allows. <br />c. The terms of this Agreement and any dispute relating thereto will be governed by the <br />laws of the State of Florida, any litigation will be brought in the state or federal court in <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 28 of 34 <br />
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