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2005-193
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2005-193
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Last modified
7/21/2016 9:22:48 AM
Creation date
9/30/2015 8:49:20 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
06/07/2005
Control Number
2005-193
Agenda Item Number
11.C.1
Entity Name
Turner Construction Co.
Subject
Amendment No.1 between owner and construction manager
Area
New County Administration Building
Supplemental fields
SmeadsoftID
4971
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Statutes & Constitution : View Statutes : Online Sunshine Page 5 of 7 <br /> entity for any interest accrued in order to receive the interest payment . Any overdue period of less than 1 <br /> month is considered as 1 month in computing interest . Unpaid interest is compounded monthly . For the <br /> purposes of this section , the term " 1 month" means a period beginning on any day of one month and ending <br /> on the same day of the following month . <br /> History . - - s . 4 , ch . 89 - 297 ; s . 4 , ch . 95 - 331 ; s . 4 , ch . 2001 - 169 . <br /> 218 . 75 Mandatory interest . - - No contract between a local governmental entity and a vendor or a provider <br /> of construction services shall prohibit the collection of late payment interest charges allowable under this <br /> part . <br /> History . - - s . 4 , ch . 89 - 297 ; s . 5 , ch . 2001 - 169 . <br /> 218 . 76 Improper payment request or invoice; resolution of disputes . - - <br /> ( 1 ) In any case in which an improper payment request or invoice is submitted by a vendor, the local <br /> governmental entity shall , within 10 days after the improper payment request or invoice is received by it , <br /> notify the vendor that the payment request or invoice is improper and indicate what corrective action on <br /> the part of the vendor is needed to make the payment request or invoice proper . <br /> ( 2 ) In the event a dispute occurs between a vendor and a local governmental entity concerning payment <br /> of a payment request or an invoice , such disagreement shall be finally determined by the local <br /> governmental entity as provided in this section . Each local governmental entity shall establish a dispute <br /> resolution procedure to be followed by the local governmental entity in cases of such disputes . Such <br /> procedure shall provide that proceedings to resolve the dispute shall be commenced not later than 45 days <br /> after the date on which the payment request or proper invoice was received by the local governmental <br /> entity and shall be concluded by final decision of the local governmental entity not later than 60 days <br /> after the date on which the payment request or proper invoice was received by the local governmental <br /> entity . Such procedures shall not be subject to chapter 120 , and such procedures shall not constitute an <br /> administrative proceeding which prohibits a court from deciding de novo any action arising out of the <br /> dispute , if the dispute is resolved in favor of the local governmental entity, then interest charges shall <br /> begin to accrue 15 days after the local governmental entity's final decision . If the dispute is resolved in <br /> favor of the vendor , then interest shall begin to accrue as of the original date the payment became due . <br /> ( 3 ) In an action to recover amounts due under ss . 218 . 70 - 218 . 80 , the court shall award court costs and <br /> reasonable attorney's fees , including fees incurred through any appeal , to the prevailing party , if the court <br /> finds that the nonprevailing party withheld any portion of the payment that is the subject of the action <br /> without any reasonable basis in law or fact to dispute the prevailing party' s claim to those amounts . <br /> History . - - s . 4 , ch . 89 - 297 ; s . 6 , ch . 2001 - 169 ; s . 34, ch . 2002 - 1 . <br /> 218 . 77 Payment by federal funds . - - A local governmental entity which intends to pay for a purchase with <br /> federal funds shall not make such purchase without reasonable assurance that federal funds to cover the <br /> cost thereof will be received . Where payment or the time of payment is contingent on receipt of federal <br /> http : //www . leg . state . flus/Statutes/index . ef n ?App_mode=Display_Statute&URL=Ch0218/ . . . 5 /31 /2005 <br />
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