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Last modified
11/4/2016 11:44:15 AM
Creation date
11/4/2016 11:44:10 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/18/2016
Control Number
2016-180
Agenda Item Number
8.P.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program
Reconstructing 58th Ave.
Area
58th Ave. from 26th St. to 57th St.
Project Number
434840-1-54-01
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Florida Statutes: 850-035-01 <br /> 334.044(7) PROGRAM MANAGEMENT <br /> OGC—12/15 <br /> Page 3 of 20 <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(1), 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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