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Contract#28730 <br /> (d) All invoices shall include the following information:(1) District contract number; (2) <br /> Recipient's name, address,and authorization to directly deposit payment into Recipient's <br /> account(if Recipient has not yet provided the District with a completed Direct Deposit <br /> Authorization form;(3) Recipient's invoice number and date of invoice;(4) District Project <br /> Manager; (5) Recipient's Project Manager;(6)supporting documentation as to cost and/or <br /> Project completion (as per the cost schedule and other requirements of the Statement of <br /> Work);(7) Progress Report(if required);(8) Diversity Report(if otherwise required herein). <br /> Invoices that do not correspond with this paragraph shall be returned without action within <br /> twenty(20) business days of receipt,stating the basis for rejection. Payments shall be made <br /> within forty-five(45)days of receipt of an approved invoice. <br /> (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel <br /> expenses,travel expenses shall be drawn from the project budget and are not otherwise <br /> compensable. If travel expenses are not included in the cost schedule,they are a cost of <br /> providing the service that is borne by Recipient and are only compensable when specifically <br /> approved by the District as an authorized District traveler. In such instance,travel expenses <br /> must be submitted on District or State of Florida travel forms and shall be paid pursuant to <br /> District Administrative Directive 2000-02. <br /> (f) Payments withheld.The District may withhold or,on account of subsequently discovered <br /> evidence, nullify, in whole or in part,any payment to such an extent as may be necessary to <br /> protect the District from loss as a result of: (1)defective work not remedied; (2)failure to <br /> maintain adequate progress in the Project; (3)any other material breach of this Agreement. <br /> Amounts withheld shall not be considered due and shall not be paid until the ground(s)for <br /> withholding payment have been remedied. <br /> (g) Annual budgetary limitation.For multi-fiscal year agreements,the District must budget the <br /> amount of funds that will be expended during each fiscal year as accurately as possible. The <br /> Statement of Work,Attachment A,includes the parties'current schedule for completion of <br /> the Work and projection of expenditures on a fiscal year basis(October 1—September 30) <br /> ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted <br /> amount during any fiscal year, Recipient shall promptly notify the District's Project Manager <br /> and provide a proposed revised work schedule and Annual Spending Plan that provides for <br /> completion of the Work without increasing the Total Compensation. The last date for the <br /> District to receive this request is August 1 of the then-current fiscal year. The District may in <br /> its sole discretion prepare a District Supplemental Instruction Form incorporating the revised <br /> work schedule and Annual Spending Plan during the then-current fiscal year or subsequent <br /> fiscal year(s). <br /> 6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property damage <br /> attributable to the negligent acts or omissions of that party,its officers,employees and agents. <br /> Recipient accepts all risks arising from construction or operation of the Project. Nothing contained <br /> herein shall be construed or interpreted as denying to any party any remedy or defense available <br /> under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of Florida <br /> beyond the waiver provided for in section 768.28, Fla.Stat.,as amended.Each party shall acquire and <br /> maintain throughout the term of this Agreement such liability,workers'compensation,and <br /> automobile insurance as required by their current rules and regulations. If Florida Department of <br /> Environmental Protection ("FDEP")funds will be used to fund all or a portion of the Agreement, <br /> Page 4 of 14 <br />