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The duties of this individual include acting as an advocate for contractors/vendors who may be <br /> experiencing problems in obtaining timely payment(s) from a state agency. The Vendor <br /> Ombudsman may be contacted at(850)410-9724 or by calling the State Comptroller's Hotline, <br /> 1-800-848-3792. <br /> 17. Records of costs incurred under the terms of this Agreement shall be maintained and made <br /> available upon request to the Department at all times during the period of this Agreement and <br /> for three years after final payment is made. Copies of these documents and records shall be <br /> furnished to the Department upon request. Records of costs incurred includes the Participant's <br /> general accounting records and the project records, together with supporting documents and <br /> records, of the contractor and all subcontractors performing work on the project, and all other <br /> records of the Contractor and subcontractors considered necessary by the Department for a <br /> proper audit of costs. <br /> 18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS <br /> ($25,000.00) and a term for a period of more than one year, the provisions of Section <br /> 339.135(6)(x), Florida Statutes, are hereby incorporated: <br /> "The Department, during any fiscal year, shall not expend money, incur any liability, or enter <br /> into any contract which, by its terms, involves the expenditure of money in excess of the <br /> amounts budgeted as available for expenditure during such fiscal year.Any contract,verbal or <br /> written, made in violation of this subsection is null and void, and no money may be paid on <br /> such contract. The Department shall require a statement from the Comptroller of the <br /> Department that such funds are available prior to entering into any such contract or other <br /> binding commitment of funds. Nothing herein contained shall prevent the making of contracts <br /> for periods exceeding one year, but any contract so made shall be executory onlyfor the value <br /> of the services to.be rendered or agreed to be paid for in succeeding fiscal years; and this <br /> paragraph shall be incorporated verbatim in all contracts of the Department which are for an <br /> amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000,00) and which have a <br /> term for a period of more than one year." <br /> 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida <br /> Legislature. <br /> 20. The PARTICIPANT warrants that it has not employed or obtained any company or person, <br /> other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, <br /> and it has not paid or agreed to pay any company, corporation, individual or firm, other than a <br /> bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, <br /> the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. <br /> 21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, <br /> defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and <br /> suits of any nature arising out of, because of or due to any intentional and/or negligent act or <br /> occurrence, omission, or commission of the PARTICIPANT, its agents, or employees,arising <br /> out of this contract or the work which is the subject hereof. It is specifically understood and <br /> agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its <br /> own negligence. <br /> 22. This AGREEMENT is governed by and construed in accordance with the laws of the State of <br /> Florida. <br /> 3 <br />