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The sole intent of this Agreement is to provide financial assistance to the Recipient to <br />support the conduct of site-specific hazards analyses and hazardous materials emergency management <br />activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous <br />materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be <br />expended within the contract period; however, all work must be performed during the contract period, <br />including any amendments agreed to by the parties. Any payments received after termination of the <br />Agreement shall be considered payments for work performed pursuant to the Agreement. <br />If the necessary funds are not available to fund this Agreement as a result of action by <br />Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and <br />Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall <br />terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from <br />the Division. <br />(18) REPAYMENTS <br />All refunds or repayments due to the Division under this Agreement are to be made <br />payable to the order of "Department of Community Affairs" and mailed directly to the following address: <br />Department of Community Affairs <br />Cashier <br />Finance and Accounting <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 <br />Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of <br />the 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 information, <br />representations, and materials submitted or provided by the Recipient in this Agreement, in any later <br />submission or response to a Division request, or in any submission or response to fulfill the requirements of <br />this Agreement. All of said information, representations, and materials are incorporated by reference. The <br />inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty <br />days written notice to the Recipient, cause the termination of this Agreement and the release of the Division <br />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 of <br />this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall <br />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 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 />