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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />(20) REPAYMENTS J.R. SMITH, CLERK <br />a. All refunds or repayments due to the Division under this agreement are due no later than thirty <br />(30) days from notification by the Division of funds due. <br />b. Asa condition of funding under this Agreement, the Subrecipient agrees that the Recipient may <br />withhold funds otherwise payable to the Subrecipient'from any disbursement to the Recipient, by the Federal <br />Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that <br />funds exceeding the eligible costs have been disbursed to the Subrecipient pursuant to this Agreement or any other <br />funding agreement administered by the Recipient. The Subrecipient understands and agrees that the Recipient may <br />offset any funds due and payable to the Subrecipient until the debt to the State is satisfied. In such event, the <br />Recipient will notify the Subrecipient via the entry of notes in its grants management system. <br />c. All refunds or repayments due to the Division under this Agreement are to be made payable to <br />the order of "Division of Emergency Management', must include the invoice number and the applicable Disaster and <br />Project number(s) that are the subject of the invoice, and be mailed directly to the following address: <br />Division of Emergency Management <br />Cashier <br />2555 Shumard Oak Boulevard <br />Tallahassee FL 32399-2100 <br />d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the <br />Division for collection, the Subrecipient 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 />(21) 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 Subrecipient in this Agreement, in any later submission <br />or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All <br />of the said information, representations, and materials are incorporated by reference. The inaccuracy of the <br />submissions or any material changes shall, at the option of the _Division and with thirty (30) days written notice to the <br />Subrecipient, cause the termination of this Agreement and the release of the Division from all its obligations to the <br />Subrecipient. <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 Agreement <br />is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the <br />extent of the conflict, and shall be severable, but shall not invalidate any other provision of this 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. The Subrecipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, <br />42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability <br />--- --in employment, public accommodations, transportation,__ State and Local government services, and <br />telecommunications. <br />14 <br />