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A I HUt UUI'Y <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />The Recipient shall comply with all applicable procurement rules and regulations in securing goods and <br />services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall <br />utilize competitive procurement practices <br />Allowable costs shall be determined in accordance with applicable Office of Management and Budget <br />Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND <br />PROCEDURES <br />Any requests received after September 30, 2014, at the discretion of the Division, may not be reimbursed <br />from this Agreement. <br />This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three <br />years or the term of the original Agreement, whichever period is longer, specifying the renewed price and subject to <br />the availability of funds Pursuant to Section 287 057(13), Florida Statutes, exceptional purchase contracts <br />pursuant to Section 287 057(3)(a) and (c), may not be renewed. <br />Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non- <br />federal funds. <br />(18) REPAYMENTS. <br />All refunds or repayments due to the Division under this Agreement are to be made payable to the order of <br />"Division of Emergency Management" and mailed directly to the following address. <br />Division of Emergency Management <br />Cashier <br />2555 Shumard Oak Boulevard <br />Tallahassee FL 32399-2100 <br />In accordance with Section 215 34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, <br />Recipient shall pay the Division a service fee of $15 00 or 5% of the face amount of the returned check or draft, <br />whichever is greater <br />(19) MANDATED CONDITIONS. <br />(a) The validity of this Agreement is subject to the truth and accuracy of all the information, <br />representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or <br />response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of <br />said information, representations, and materials are incorporated by reference The inaccuracy of the submissions <br />or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause <br />the termination of this Agreement and the release of the Division from all its obligations to the Recipient. <br />(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any <br />actions arising out of this Agreement shall be in the Circuit Court of Leon County If any provision of this <br />Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and <br />void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this <br />Agreement. <br />(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement <br />shall survive the term of this Agreement. <br />(d) This Agreement may be executed in any number of counterparts, any one of which may be <br />taken as an original <br />(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, <br />42 U S C Section 12101 et seq.) which prohibits discrimination by public and private entities on the basis of <br />disability in employment, public accommodations, transportation, State and local government services, and <br />telecommunications. <br />(f) Those who have been placed on the convicted vendor list following a conviction for a public <br />entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services <br />to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public <br />building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or <br />perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may <br />not transact business with any public entity in excess of $25,000 00 for a period of 36 months from the date of <br />being placed on the convicted vendor list or on the discriminatory vendor list. <br />7 <br />