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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment <br />requirements do not start until a properly completed invoice is provided to the Department. <br />e. A Vendor Ombudsman has been established within the Department of Financial Services. The <br />duties of this individual include acting as an advocate for Agencies who may be experiencing problems in <br />obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. <br />f. If, after Project completion, any claim is made by the Department resulting from an audit or for <br />work or 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, upon <br />demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant <br />to this paragraph shall not be considered a breach of contract by the Department. <br />g. The Department's performance and obligation to pay under this Agreement is contingent upon an <br />annual appropriation by the Legislature. <br />h. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one <br />year, 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 enter into <br />any contract which, by its terms, involves the expenditure of money in excess of the amounts <br />budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, <br />made in violation of this subsection is null and void, and no money may be paid on such contract. <br />The Department shall require a statement from the comptroller of the Department that funds are <br />available prior to entering into any such contract or other binding commitment of funds. Nothing <br />herein contained shall prevent the making of contracts for periods exceeding 1 year, but any <br />contract so made shall be executory only for the value of the services to be rendered or agreed to <br />be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all <br />contracts of the Department which are for an amount in excess of $25,000 and which have a term <br />for a period of more than 1 year." <br />8. Records. <br />a. The Agency shall establish for the Project, consistent with the Department's program <br />guidelines/procedures, separate accounts to be maintained within its existing accounting system or separate <br />independent accounts ("Project Accounts"). The Agency shall charge to the Project Accounts all eligible costs of <br />the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess <br />of the programmed Department funding or attributable to actions which have not received the required approval <br />of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved <br />services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, <br />invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, as described <br />in Exhibit C, Contract Payment Requirements. <br />b. 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 for five years after <br />final payment is made. Copies of these documents and records shall be furnished to the Department upon request. <br />Page 5 of 29 <br />