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Docusign Envelope ID: 5AA815OC-OD31-4494-86DC-3D1415FAC19E <br />6.5 Transaction Fees. The State of Florida, through the Department of Management Services, <br />'has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section <br />287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors <br />for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be <br />assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments <br />received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida <br />Administrative Code (F.A.C.), or as may otherwise be established by law. Vendors shall pay <br />the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when <br />automatic deduction becomes available. Vendors shall submit any monthly reports required <br />pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The <br />Agency will have grounds for declaring the vendor in default if the vendor fails to comply <br />with the payment of the Transaction Fee or reporting of payments, which may subject the <br />vendor to being suspended from business with the State of Florida. <br />6.6 Exclusivity. The Term Contract is not an exclusive license to provide the Products <br />described in the Term Contract. The Department may, without limitation and without <br />recourse by the Contractor, contract with other vendors to provide the same or similar <br />Products. <br />SECTION 7. PERFORMANCE <br />7.1 Warranty of Ability to Perform. Upon the effective date of the Term Contract, and each <br />year on the anniversary date of the Term Contract, the Contractor shall submit to the <br />Department a completed PUR 7801, Vendor Certification Form. The Contractor warrants <br />that, to the best of its knowledge, there is no pending or threatened action, proceeding, or <br />investigation, or any other legal or financial condition, that would in any way prohibit, <br />restrain, or diminish the Contractor's ability to satisfy its Term Contract obligations. <br />Additionally, the Contractor shall promptly notify the Department in writing if its ability to <br />perform is compromised in any manner during the term of the Term Contract (including <br />potential inability to renew the Term Contract due to section 287.138 or 908.111, F.S.) or if <br />it or its suppliers, subcontractors, or consultants under the Term Contract are placed on the <br />Suspended Vendor, Convicted Vendor, Discriminatory Vendor, Forced Labor Vendor, or <br />Antitrust Violator Vendor Lists. The Contractor shall use commercially reasonable efforts to <br />avoid or minimize any delays in performance and shall inform the Department of the steps <br />the Contractor is taking or will take to do so, and the projected actual completion (or delivery) <br />time. If the Contractor believes a delay in performance by the Department has caused or <br />will cause the Contractor to be unable to perform its obligations on time, the Contractor shall <br />promptly so notify the Department and use commercially reasonable efforts to perform its <br />obligations on time notwithstanding the Department's delay. <br />7.2 Further Assurances. The parties shall, with reasonable diligence, do all things and <br />provide all reasonable assurances as may be necessary to complete the requirements of <br />the Term Contact, and each party shall provide such further documents or instruments <br />requested by the other party as may be reasonably necessary or desirable to give effect to <br />the Term Contract and to carry out its provisions. The Department is entitled at all times, <br />upon request, to be advised as to the status of work being done by the Contractor and the <br />details thereof. <br />SP approved version 9-12-2024 <br />Page 8 of 20 <br />629 <br />