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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 <br /> collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the <br /> returned check or draft, whichever is greater. <br /> (19) MANDATED CONDITIONS <br /> (a) The validity of this Agreement is subject to the truth and accuracy of all the <br /> information, representations, and materials submitted or provided by the Recipient in this Agreement, in <br /> any later submission or response to a Division request, or in any submission or response to fulfill the <br /> requirements of this Agreement. All of said information, representations, and materials is incorporated by <br /> reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division <br /> and with thirty days written notice to the Recipient, cause the termination of this Agreement and the <br /> 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 <br /> for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision <br /> of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision <br /> shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other <br /> provision of this Agreement. <br /> (c) Any power of approval or disapproval granted to the Division under the terms of this <br /> Agreement shall survive the term of this Agreement. <br /> (d) This Agreement may be executed in any number of counterparts, any one of which <br /> may be taken as an original. <br /> (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law <br /> 101-336, 42 U.S.0 Section 12101 et seg.), which prohibits discrimination by public and private entities on <br /> the basis of disability in employment, public accommodations, transportation, State and local government <br /> services, and telecommunications. <br /> (f) Those who have been placed on the convicted vendor list following a conviction for a <br /> public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any <br /> goods or services to a public entity, may not submit a bid on a contract with a public entity for the <br /> construction or repair of a public building or public work, may not submit bids on leases of real property to <br /> a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or <br /> consultant under a contract with a public entity, and may not transact business with any public entity in <br /> excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list <br /> or on the discriminatory vendor list. <br /> (g) Any Recipient which is not a local government or state agency, and which receives <br /> funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, <br /> that it and its principals: <br /> 1. are not presently debarred, suspended, proposed for debarment, declared <br /> ineligible, or voluntarily excluded from covered transactions by a federal department or agency; <br /> 2. have not, within a five-year period preceding this proposal been convicted of <br /> or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, <br /> attempting to obtain, or performing a public(federal, state or local)transaction or contract under public <br /> transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, <br /> bribery, falsification or destruction of records, making false statements, or receiving stolen property; <br /> 9 <br /> 75 <br />