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2003-297
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2003-297
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Last modified
11/29/2016 1:23:42 PM
Creation date
9/30/2015 7:03:11 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2003
Control Number
2003-297
Agenda Item Number
11.I.1
Entity Name
Florida Department of Transportation
Subject
Joint Participation Agreement 4th St. Widening
Area
US 1 from S. Relief Canal to N. of Indian River Boulevard
Project Number
FM 228583-3-58-01
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3489
Document Relationships
2003-141
(Attachment)
Path:
\Resolutions\2000's\2003
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15 . If a payment is not available within 40 days , a separate interest penalty at a <br /> rate as <br /> established pursuant to Section 55 . 03 ( 1 ) , Florida Statutes , will be due and payable , in addition <br /> to the invoice amount , to the PARTICIPANT. Interest penalties of less than one ( 1 ) dollar will <br /> not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned <br /> to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the <br /> payment . The invoice payment requirements do not start until a properly completed invoice is <br /> provided to the DEPARTMENT. <br /> 16 , A Vendor Ombudsman has been established within the Department of Financial Services . The <br /> duties of this individual include acting as an advocate for contractors/vendors who may be <br /> experiencing problems in obtaining timely payment(s ) from a state agency. The Vendor <br /> Ombudsman may be contacted at (850 ) 410 - 9724 or by calling the Department of Financial <br /> Services 's Hotline , 1 -800-848 -3792 . <br /> 17 . Records of costs incurred under the terms of this AGREEMENT shall be maintained and made <br /> available upon request to the DEPARTMENT at all times during the period of this <br /> AGREEMENT and for three years after final payment is made . Copies of these documents and <br /> records shall be furnished to the DEPARTMENT upon request . Records of costs incurred <br /> includes the PARTICIPANT `S general accounting records and the project records , together <br /> with supporting documents and records , of the contractor and all subcontractors performing <br /> work on the project , and all other records of the Contractor and subcontractors considered <br /> necessary by the DEPARTMENT for a proper audit of costs . <br /> 18 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS <br /> ($25 , 000 . 00) and a term for a period of more than one year, the provisions of Section <br /> 339 . 135 (6) (a) , Florida Statutes , are hereby incorporated : <br /> "The Department , during any fiscal year, shall not expend money, incur any liability, or <br /> enter into any contract which , by its terms , involves the expenditure of money in excess of <br /> the amounts budgeted as available for expenditure during such fiscal year. Any contract , <br /> verbal or written , made in violation of this subsection is null and void , and no money may <br /> be paid on such contract . The Department shall require a statement from the Comptroller <br /> of the Department that such funds are available prior to entering into any such contract or <br /> other binding commitment of funds . Nothing herein contained shall prevent the making of <br /> contracts for periods exceeding one year, but any contract so made shall be executory <br /> only for the value of the services to be rendered or agreed to be paid for in succeeding <br /> fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the <br /> Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS <br /> ($25 , 000 , 00) and which have a term for a period of more than one year. " <br /> 19 . The DEPARTMENT' S obligation to pay is contingent upon an annual appropriation by the <br /> Florida Legislature , <br /> 20 , The PARTICIPANT warrants that it has not employed or obtained any company or person , <br /> other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT , <br /> and it has not paid or agreed to pay any company, corporation , individual or firm , other than a <br /> bona fide employee employed by the PARTICIPANT. For breach or violation of this provision , <br /> the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. <br /> 3 of 5 <br />
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