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2005-018
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2005-018
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Last modified
5/31/2017 3:21:38 PM
Creation date
9/30/2015 4:22:45 PM
Metadata
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Resolutions
Resolution Number
2005-018
Approved Date
02/15/2005
Agenda Item Number
7.F.
Resolution Type
Federal Aid Roads
Entity Name
Florida Department of Transportation
Emergency Joint Participation Agreement for Funding
Subject
Hurricane Jeanne Damaged Roads
Archived Roll/Disk#
3129
Supplemental fields
SmeadsoftID
1183
Document Relationships
2005-061a
(Message)
Path:
\Official Documents\2000's\2005
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have the right to terminate the Agreement without liability. <br />14. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, <br />save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any <br />nature arising out of, because of, or due to any negligent or intemational act and/or occurrence, <br />omission, or commission of the COUNTY, its consultants, contractors, subcontractors, agents, <br />and/or employees. It is specifically understood and agreed that this indemnification clause does <br />not cover or indemnify the DEPARTMENT for its own negligence. <br />15. The Agreement is governed by and construed in accordance with the laws of the State of Florida. <br />16. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor <br />rights in the Agreement. The COUNTY is hereby advised of the following time frames. Upon <br />receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the <br />COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the <br />DEPARTMENT of Financial Services. The twenty days are measured from the latter of the date <br />the invoice is received or the goods and services are received, inspected and approved by the <br />DEPARTMENT. <br />If payment is not available with forty (40) days a separate interest penalty at a rate as established <br />pursuant to Section 215.422(3) (b), Florida Statutes, will be due and payable, in addition to the <br />invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be <br />enforced unless the COUNTY requests payment. Invoices which have been returned to the <br />COUNTY because of invoice preparations errors will result in delay in the payment. The invoice <br />payment requirements do no start until a properly completed invoice is provided the <br />DEPARTMENT. <br />Vendor Ombudsman has been established with the DEPARTMENT of Financial Services. The <br />duties of this individual include acting as an advocate for the COUNTY in the event that the <br />COUNTY maybe experiencing problems inobtaining timely payment(s) from the DEPARTMENT. <br />The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of <br />Financial Services Hotline 1-800-848-3792. <br />17. This document incorporates and includes all prior negotiations, correspondence, conversations, <br />Agreements, or understanding applicable to the matters contained herein, and the parties agree <br />that there are no commitments, Agreements or understanding concerning the subject matter of <br />this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation <br />from the terms hereof shall be predicated upon any prior representation or Agreements whether <br />oral or written. It is further agreed that no modification, amendment, or alteration in the terms and <br />conditions contained herein shall be effective unless contained in written document executed with <br />the same formality and of equal dignity herewith. <br />18. The DEPARTMENT agrees to pay the COUNTY for the services herein described at <br />compensation as detailed in this Agreement. Payment shall be made -only after receipt and <br />approval of goods and services unless advance payments are authorized by the Department of <br />Financial Services 215.422 (14), Florida Statute, or by the Department's Comptroller under <br />section 334.044(29), Florida Statutes. Any provisions for an advance payment are provided in <br />Exhibit "A", attached and made part of this agreement. <br />19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a <br />public entity crime may not submit a bid on a contract to provide any goods or services to a public <br />entity, may not a bid on a contract with a public entity for the construction or repair of a public <br />building or public work, may not submit bids on leases or real property to a public entity, may not <br />be awarded or perform work as a contractor, supplier, subcontractor, or a consultant under a <br />contract with any public entity, and may not transact business with any public entity in excess of <br />the threshold amount provided in section 287.017, Florida Statutes; for Category Two for a period <br />Page 3 <br />
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