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Florida Statutes: <br />334.044(7) <br />850-035-01 <br />PAVEMENT MANAGEMENT <br />OGC - 02/15 <br />Page 3 of 21 <br />reimbursements. The final invoice shall be accompanied by a Notice of <br />Completion, Exhibit "D". <br />e. Supporting documentation must establish that the deliverables were received and <br />accepted in writing by the Recipient and must also establish that the required <br />minimum level of service to be performed based on the criteria for evaluating <br />successful completion as specified in Exhibit "A" has been met. <br />f. Payment shall be made only after receipt and approval of goods and services <br />unless advance payments are authorized by the Chief Financial Officer of the <br />State of Florida under Chapters 215 and 216, Florida Statutes. If the Department <br />determines that the performance of the Recipient is unsatisfactory, the Department <br />shall notify the Recipient of the deficiency to be corrected, which correction shall <br />be made within a time frame to be specified by the Department. The Recipient <br />shall, within five days after notice from the Department, provide the Department <br />with a corrective action plan describing how the recipient will address all issues of <br />contract non-performance, unacceptable performance, failure to meet the <br />minimum performance levels, deliverables deficiencies, or contract non- <br />compliance. If the corrective action plan is unacceptable to the Department, the <br />Recipient shall be assessed a non-performance retainage equivalent to 10% of the <br />total invoices amount. The retainage shall be applied to the invoice for the then - <br />current billing period. The retainage shall be withheld until Recipient resolves the <br />deficiency. If the deficiency is subsequently resolved, the Recipient may bill the <br />Department for the retained amount during the next period. If the Recipient in <br />unable to resolve the deficiency, the funds retained may be forfeited at the end of <br />the Agreement's term. <br />g. <br />The Recipient should be aware of the following time frames. Upon receipt of an <br />invoice, the Department has twenty (20) days to inspect and approve the goods <br />and services. The Department has twenty (20) days to deliver a request for <br />payment (voucher) to the Department of Financial Services. The twenty (20) days <br />are measured from the latter of the date the invoice is received or the goods or <br />services are received, inspected, and approved. If a payment is not available <br />within forty (40) days, a separate interest penalty at a rate as established pursuant <br />to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the <br />invoice amount, to the Recipient. Interest penalties of less than one ($1.00) dollar <br />will not be enforced unless the Recipient requests payment. Invoices which have <br />to be returned to a Recipient because of Recipient preparation errors will result in <br />a delay in the payment. The invoice payment requirements do not start until a <br />properly completed invoice is provided to the Department. A Vendor Ombudsman <br />has been established within the Department of Financial Services. The duties of <br />this individual include acting as an advocate for entities who may be <br />experiencing problems in obtaining timely payment(s) from a state Agency. <br />