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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 C Section 12101 et seq.), 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 />