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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01"0 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGEMENT <br /> OGC—08!15 <br /> Page 3 of 15 <br /> Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay <br /> in the payment. The invoice payment requirements do not start until a properly completed invoice is <br /> provided to the Department. <br /> A Vendor Ombudsman has been established within the Department of Financial Services. The duties of <br /> this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining <br /> timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516 <br /> H. Records of costs incurred under the terms of this Agreement shall be maintained and made available <br /> upon request to the Department at all times during the period of this Agreement and for five years after <br /> final payment is made. Copies of these documents and records shall be furnished to the Department <br /> upon request. Records of costs incurred include the Agency's general accounting records and the project <br /> records, together with supporting documents and records, of the contractor and all subcontractors <br /> performing work on the project, and all other records of the Contractor and subcontractors considered <br /> necessary by the Department for a proper audit of costs. <br /> I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency <br /> and approved by the Department. The Agency shall maintain said schedule of funding, carry out the <br /> Project, and shall incur obligations against and make disbursements of Project funds only in conformity <br /> with the latest approved schedule of funding for the Project. The schedule of funding may be revised by <br /> execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the <br /> Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon <br /> determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement <br /> shall be forwarded to the Department's Comptroller No increase or decrease shall be effective unless it <br /> complies with fund participation requirements of this Agreement and is approved by the Department's <br /> Comptroller <br /> J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or <br /> services performed pursuant to this Agreement, the Department may offset such amount from payments <br /> due for work or services done under any agreement which it has with the Agency owing such amount if, <br /> upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any <br /> amount pursuant to this paragraph shall not be considered a breach of contract by the Department. <br /> K. The Agency must submit the final invoice on the Project to the Department within 120 days after the <br /> completion of the Project. Invoices submitted after the 120-day time period may not be paid <br /> L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual <br /> appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, <br /> funds approval from the Department's Comptroller must be received each fiscal year prior to costs being <br /> incurred. See Exhibit"B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds <br /> are not eligible for reimbursement if incurred prior to funds approval being received The Department will <br /> notify the Agency, in writing, when funds are available. <br /> M. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, <br /> the provisions of Section 339 135(6)(a), Florida Statutes, are hereby incorporated, <br /> "The Department, during any fiscal year, shall not expend money, incur any liability, or <br /> enter into any contract which, by its terms, involves the expenditure of money in excess <br /> of the amounts budgeted as available for expenditure during such fiscal year Any <br /> contract, verbal or written, made in violation of this subsection is null and void, and no <br /> money may be paid on such contract. The Department shall require a statement from the <br /> comptroller of the Department that funds are available prior to entering into any such <br /> contract or other binding commitment of funds. Nothing herein contained shall prevent <br /> the making of contracts for periods exceeding 1 year, but any contract so made shall be <br /> executory only for the value of the services to be rendered or agreed to be paid for in <br /> succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts <br />