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DocuSign Envelope ID: 7EFFOC16-3A7E-46EO-A543-DF2266B87D3D <br />3.6 Annual Appropriation. <br />Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an <br />agency for the purchase of services or tangible personal property for a period in excess <br />of one fiscal year, the State of Florida's performance and obligation to pay under the <br />Contract is contingent upon an annual appropriation by the Legislature. <br />3.7 Transaction Fees. <br />The State of Florida, through the Department of Management Services, has instituted <br />MyFloridaMarketPlace, a statewide eProcurement system pursuant to section <br />287.057(22), F.S. All payments issued by Customers to registered Vendors for <br />purchases of commodities or contractual services will be assessed Transaction Fees as <br />prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. <br />Vendors must pay the Transaction Fees and agree to automatic deduction of the <br />Transaction Fees when automatic deduction becomes available. Vendors will submit any <br />monthly reports required pursuant to the rule. All such reports and payments will be <br />subject to audit. Failure to comply with the payment of the Transaction Fees or reporting <br />of transactions will constitute grounds for declaring the Vendor in default and subject the <br />Vendor to exclusion from business with the State of Florida. <br />3.8 Taxes. <br />Taxes, customs, and tariffs on commodities or contractual services purchased under the <br />Contract will not be assessed against the Customer or Department unless authorized by <br />Florida law. <br />3.9 Return of Funds. <br />Contractor will return any overpayments due to unearned funds or funds disallowed <br />pursuant to the terms of the Contract that were disbursed to the Contractor. The <br />Contractor must return any overpayment within forty (40) calendar days after either <br />discovery by the Contractor, its independent auditor, or notification by the Department or <br />Customer of the overpayment. <br />SECTION 4. CONTRACT MANAGEMENT. <br />4.1 Composition and Priority. <br />The Contractor agrees to provide commodities or contractual services to the Customer <br />as specified in the Contract. Additionally, the terms of the Contract supersede the terms <br />of all prior agreements between the Parties on this subject matter. <br />4.2 Notices. <br />All notices required under the Contract must be delivered to the designated Contract <br />Manager in a manner identified by the Department. <br />4.3 Department's Contract Manager. <br />The Department's Contract Manager, who is primarily responsible for the Department's <br />oversight of the Contract, will be identified in a separate writing to the Contractor upon <br />Contract signing in the following format: <br />Department's Contract Manager Name <br />5P approved version 7-1-2019 <br />200 <br />