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2005-289
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2005-289
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Last modified
8/1/2016 2:10:40 PM
Creation date
9/30/2015 9:03:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
08/23/2005
Control Number
2005-289
Agenda Item Number
11.C.2
Entity Name
Turner Construction
Subject
Amendment No. 2 - Guaranteed Maximum Price
Area
New County Administration Complex
Supplemental fields
SmeadsoftID
5140
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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 <br /> days after the date on which the payment request or proper invoice was received by the local <br /> governmental entity and shall be concluded by final decision of the local governmental entity not later <br /> than 60 days after the date on which the payment request or proper invoice was received by the local <br /> governmental entity. Such procedures shall not be subject to chapter 120 , and such procedures shall not <br /> constitute an administrative proceeding which prohibits a court from deciding de novo any action arising <br /> out of the dispute . If the dispute is resolved in favor of the local governmental entity, then interest charges <br /> shall begin to accrue 15 days after the local governmental entity's final decision . If the dispute is resolved <br /> in 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 ppyment 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 /> funds or federal approval, any contract and any solicitation to bid shall clearly state such contingency. <br /> History. --s . 4 , ch . 89-297 . <br /> 9 <br />
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