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375030-12 <br />PROCUREMENT <br />Page A3 of 9 <br />B. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project <br />Manager, will be submitted in accordance with Section 112.061, Florida Statutes. <br />C. Records of costs incurred under terms of this Agreement will be maintained and made available upon request to the <br />Department at all times during the period of this Agreement and for three years after final payment for the work <br />pursuant to this Agreement is made. Copies of these documents and records Wi be famished to the DPpaw am <br />upon request, <br />D. Records of costs incurred will include the Consultant's general accounting records and the project records, together <br />with supporting documents and records, of the Consultant and all subconsultants performing work on the project, and <br />all other records of the Consultant and subconsultants considered necessary by the Department for a proper audit of <br />project costs. <br />E. The general cost principles and procedures for the negotiation and administration, and the determination or allowance <br />of costs under this Agreement will be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter <br />14-75, Florida Administrative Code, and other pertinent Federal and State Regulations, as applicable, with the <br />understanding that there is no conflict between State regulations and Federal regulations in that the more restrictive of <br />the applicable regulations will govern. <br />F. The Consultant should be aware of the following time frames. Upon receipt, the Department has five (5) working days <br />to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 <br />days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are <br />measured from the latter of the date the invoice is received or the goods or services are received, inspected and <br />approved. <br />G. If a payment is not available within 40 days, a separate interest penalty at a rate established pursuant to Section <br />215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Consultant. Interest <br />penalties of less than one dollar will not be paid unless the Consultant requests payment. Invoices which have to be <br />returned to a Consultant because of Consultant preparation errors will result in a delay in the payment. The invoice <br />payment requirements do not start until a properly completed invoice is provided to the Department. <br />H. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this <br />individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) <br />from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State <br />Comptroller's Hotline, 1-800-84B-3792. <br />Except for issues arising from contract indemnification provisions, the Department will have the right to retain out of any <br />payment due the Consultant under this Agreement an amount sufficient to satisfy any amount due and owing to the <br />Department by the Consultant on any other Agreement between the Consultant and the Department. The Department <br />may withhold payment on any invoice in the event that the Consultant is in default under any provision of this <br />Agreement or any other Agreement between the Consultant and the Department as of the time of processing the <br />invoice or as of the time payment is made available on the invoice. This right to withhold will continue until such time <br />as the default has been cured, and, upon cure, the Department will have the right to retain an amount equal to the <br />damages suffered as a result of the default. <br />J. It is mutually agreed and <br />understood that the <br />following <br />provision will be <br />applicable to this Agreement if the <br />compensation to be paid <br />to the Consultant, whether by <br />lump sum or cost -plus -a -fixed -fee, will exceed the threshold <br />amount provided in Section 287.017, Florida <br />Statutes, <br />for CATEGORY <br />FOUR. <br />