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2016-045
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2016-045
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Last modified
4/8/2016 10:09:47 AM
Creation date
4/8/2016 10:09:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
03/22/2016
Control Number
2016-045
Agenda Item Number
8.G.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program
Construction and inspection
Area
CR 512 from Roseland Road to US 1
Project Number
431160-1-54-01
Alternate Name
FDOT SCOP
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' Florida Statutes: 650-035..01 <br /> 334.044(7) PROGRAM MANAGEMENT <br /> OGC—12/15 <br /> Page 3 of 21 <br /> reimbursements. The final invoice shall be accompanied by a Notice of <br /> Completion, Exhibit "D". <br /> d. 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 /> e. Payment shall be made only after receipt and approval of goods and services unless <br /> advance payments are authorized by the Chief Financial Officer of the State of <br /> Florida under Chapters 215 and 216,Florida Statutes. If the Department determines <br /> that the performance of the Recipient is unsatisfactory, the Department shall notify <br /> the Recipient of the deficiency to be corrected, which correction shall be made <br /> within a time frame to be specified by the Department. The Recipient shall, within <br /> five days after notice from the Department, provide the Department with a <br /> corrective action plan describing how the Recipient will address all issues of <br /> contract non-performance,unacceptable performance,failure to meet the minimum <br /> performance levels, deliverable deficiencies, or contract non-compliance. If the <br /> corrective action plan is unacceptable to the Department, the Recipient shall be <br /> assessed a non-performance retainage equivalent to 10% of the total invoice <br /> amount. The retainage shall be applied to the invoice for the then-current billing <br /> period. The retainage shall be withheld until the 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 billing period. If the Recipient <br /> is unable to resolve the deficiency,the funds retained may be forfeited at the end of <br /> the Agreement's term. <br /> f. 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 and <br /> services. The Department has twenty (20) days to deliver a request for payment <br /> (voucher) to the Department of Financial Services. The twenty (20) days are <br /> measured from the latter of the date the invoice is received or the goods or services <br /> are received, inspected and approved. If a payment is not available within forty <br /> (40) days, a separate interest penalty at a rate as established pursuant to Section <br /> 55.03(l), Florida Statutes, will be due and payable, in addition to the invoice <br /> amount, to the Recipient. Interest penalties of less than one dollar($1.00) will not <br /> be enforced unless the Recipient requests payment. Invoices which have to be <br /> returned to the Recipient because of Recipient preparation errors will result in a <br /> 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 experiencing <br /> problems in obtaining timely payment(s) from a state agency. The Vendor <br /> Ombudsman may be contacted at (850) 413-5516 or by calling the Division of <br /> Consumer Services at(877) 693-5236. <br />
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