2004-257 - Laserfiche WebLink

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13 . The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment to the Contractor. All project cost records and accounts shall be subject to audit by a representative of the Participant for a period of three (3) years after final close out of the project. The Participant will be notified of the final costs . The parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date , a refund of the excess will be made by the Department to the Participant. 14 . In the event said final accounting of total project costs is greater than the total deposits to date , the Participant will pay the additional amount within forty (40) calendar days from the date of the invoice . The Participant agrees to pay interest at a rate as established pursuant to Section 55 . 03 , F . S . on any invoice not paid within the forty (40) calendar days until the invoice is paid . 15 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the Department' s reasonable attorney fees and court costs if the DEPARTMENT prevails . 16 . The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature . 17 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the PROJECT , the AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties . 18 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors . 19 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the PROJECT is determined to be complete , as stated in writing , by the Department's Project Manager, or October 10, 2006. 20 . Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Participant's general accounting records and the project records , together with supporting documents and records , of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs . 21 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25 , 000 . 00) and a term for a period of more than one year, the provisions of Section 339 . 135 (6) (a) , Florida Statutes , are hereby incorporated :