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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the <br />Division for collection, Sub -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 />(22) 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 Sub -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 said <br />information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any <br />material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the <br />termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. <br />b. The laws of the State of Florida shall govern this Agreement. The Division and the Sub -Recipient <br />submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to this Agreement. <br />Further, the Sub -Recipient hereby waives any and all privileges and rights relating to venue it may have under chapter 47, <br />Florida Statutes, and any and all such venue privileges and rights it may have under any other statute, rule, or case law, <br />including, but not limited to those grounded on convenience. The Sub -Recipient hereby submits to venue in the county <br />chosen by the Division, to wit: Leon County, Florida. <br />c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall <br />survive the term of this Agreement. <br />d. The Sub -Recipient 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 in <br />employment, public accommodations, transportation, State and local government services, and telecommunications. <br />e. Those who have been placed on the convicted vendor list following a conviction for a public entity <br />crime or on the discriminatory vendor list shall not submit a bid on a contract to provide any goods or services to a public <br />entity, shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public <br />work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a <br />contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with <br />any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the <br />convicted vendor list or on the discriminatory vendor list. <br />f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under <br />this Agreement from the Federal Government, certifies, to the best of its knowledge and belief, that it and its principals: <br />Are not presently debarred, suspended, proposed for debarment, declared ineligible, or <br />voluntarily excluded from covered transactions by a federal department or agency; <br />Have not, within a five (5) year period preceding this proposal been convicted of or had a civil <br />judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or <br />performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state <br />antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making <br />false statements, or receiving stolen property; <br />17 <br />