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requirement for the equipment exists in other State agencies . The Department shall issue instructions to the Recipient no <br /> later than 120 calendar days after the Recipient's request and the following procedures shall govern . <br /> (1 ) If so instructed or if disposition instructions are not issued within 120 calendar days after the <br /> Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an <br /> amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the <br /> original project or program . However, the Recipient shall be permitted to deduct and retain from the State share <br /> $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses . <br /> (2) If the Recipient is instructed to ship the equipment elsewhere , the Recipient shall be reimbursed by <br /> the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation <br /> in the cost of the original project or program to the current fair market value of the equipment, plus any <br /> reasonable shipping or interim storage costs incurred . <br /> (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed <br /> by the Department for such costs incurred in its disposition . <br /> (4 ) The Department may reserve the right to transfer the title to the State of Florida or to a third party <br /> named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be <br /> subject to the following standards . <br /> (i) The equipment shall be appropriately identified in the award or otherwise made known to the <br /> Recipient in writing . <br /> (i) The Department shall issue disposition instructions within 120 calendar days after receipt of a final <br /> inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned <br /> equipment. If the Department fails to issue disposition instructions within the 120 calendar day period , <br /> the Recipient shall apply the standards of this section , as appropriate. <br /> (iii ) When the Department exercises its right to take title , the equipment shall be subject to the provisions <br /> for State-owned equipment. <br /> (24) LEGAL AUTHORIZATION . <br /> The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the <br /> funds to be provided under this Agreement and that, if applicable , its governing body has authorized , by resolution or <br /> otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein . The <br /> Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of <br /> this Agreement. <br /> (25) ASSURANCES . <br /> The Recipient shall comply with any Statement of Assurances incorporated as Attachment 1 . <br /> IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned <br /> officials as duly authorized . <br /> 16 <br />