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EXHIBIT 1
<br /> ' 375-04019
<br /> PROCUREMENT
<br /> 07104
<br /> Page 3 of 7
<br /> F. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant to
<br /> Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the
<br /> Vendor. Interest penalties of less than one ( 1 ) dollar shall not be enforced unless the Vendor requests
<br /> payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall result
<br /> in a delay in the payment. The invoice payment requirements do not start until a properly completed
<br /> invoice is provided to the Department.
<br /> G. The State of Florida, through the Department of Management Services, has instituted
<br /> MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287. 057(23) , Florida
<br /> Statutes, all payments shall be assessed a transaction fee of one percent ( 1 %), which the Vendor shall
<br /> pay to the State. For payments within the State accounting system (FLAIR or its successor), the
<br /> transaction fee shall , when possible, be automatically deducted from payments to the Vendor. If automatic
<br /> deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1 . 031 (2), Florida
<br /> Administrative Code. By submission of these reports and corresponding payments , Vendor certifies their
<br /> correctness. All such reports and payments shall be subject to audit by the State or its designee. The
<br /> Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchase of any item(s) if
<br /> such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding
<br /> the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to
<br /> the Vendor's failure to perform or comply with specifications or requirements of the Agreement. Failure to
<br /> comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering
<br /> reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS DELINQUENT IN
<br /> PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH
<br /> THE STATE .
<br /> H . A vendor ombudsman has been established within the Department of Financial Services. The duties of this
<br /> individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely
<br /> payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by
<br /> calling the State Comptroller's Hotline, 1 -800-848-3792 .
<br /> I . Records of costs incurred under terms of this Agreement shall be maintained and made available upon
<br /> request to the Department at all times during the period of this Agreement and for three (3) years after final
<br /> payment for the work pursuant to this Agreement is made. Copies of these documents and records shall
<br /> be furnished to the Department upon request. Records of costs incurred shall include the Vendors general
<br /> accounting records and the project records, together with supporting documents and records of the Vendor
<br /> and all subcontractors performing work on the project, and all other records of the Vendor and
<br /> subcontractors considered necessary by the Department for a proper audit of project costs.
<br /> J . The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
<br /> contract which , by its terms, involves the expenditure of money in excess of the amounts budgeted as
<br /> available for expenditure during such fiscal year. Any contract, verbal or written , made in violation of this
<br /> subsection is null and void, and no money may be paid on such contract. The Department shall require a
<br /> statement from the 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 the making of
<br /> contracts for periods exceeding one ( 1 ) year, but any contract so made shall be executory only for the
<br /> value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the
<br /> Department's performance and obligation to pay under this Agreement is contingent upon an annual
<br /> appropriation by the Legislature.
<br /> 4. INDEMNITY AND PAYMENT FOR CLAIMS
<br /> A. INDEMNITY: The Vendor shall indemnify and hold harmless the Department, its officers and employees
<br /> from liabilities, damages, losses, and costs, including, but not limited to , reasonable attorney's fees, to the
<br /> extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons
<br /> employed or utilized by the Vendor in the performance of this Agreement.
<br /> It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
<br /> provisions of any part of the Agreement to create in the public or any member thereof, a third party
<br /> beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal
<br /> injuries or property damage pursuant to the terms or provisions of this Agreement.
<br /> PAYMENT FOR CLAIMS : The Vendor guaranties the payment of all just claims for materials, supplies,
<br /> tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the
<br /> Agreement. The Department's final acceptance and payment does not release the Vendor's bond until all
<br /> such claims are paid or released.
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