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Last modified
3/2/2021 11:51:41 AM
Creation date
5/28/2020 12:51:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/19/2020
Control Number
2020-105
Agenda Item Number
12.F.2.
Entity Name
State of Florida - Florida Department of Transportation
Subject
45th Street Improvements-43rd Avenue to 58th Avenue FDOT Small County Outreach Program
for FM No. 436848-1-54-01, IRC-1722
Area
45th Street Improvements-43rd Avenue to 58th Avenue
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION J.R. SMITH, CLERK <br />5-0100 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />02/19 <br />If a payment is not available within 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 invoice amount, to the <br />Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests <br />payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will <br />result in a delay in the payment. The invoice payment requirements do not start until a properly <br />completed invoice is provided to the Department. <br />A Vendor Ombudsman has been established within the Department of Financial Services. The duties of <br />this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining <br />timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. <br />g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are <br />tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and <br />made available upon request to the Department at all times during the period of this Agreement and for five <br />years after final payment is made. Copies of these documents and records shall be furnished to the <br />Department upon request. Records of costs incurred include the Recipient's general accounting records <br />and the project records, together with supporting documents and records, of the contractor and all <br />subcontractors performing work on the project, and all other records of the contractor and subcontractors <br />considered necessary by the Department for a proper audit of costs. <br />h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in <br />the standard format used by the Department and at intervals established by the Department. The <br />Department will be entitled at all times to be advised, at its request, as to the status of the Project and of <br />details thereof. <br />I. If, after Project completion, any claim is made by the Department resulting from an audit or for work or <br />services performed pursuant to this Agreement, the Department may offset such amount from payments <br />due for work or services done under any agreement which it has with the Recipient owing such amount if, <br />upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount <br />pursuant to this paragraph shall not be considered a breach of contract by the Department. <br />j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the <br />completion of the Project. Invoices submitted after the 120 -day time period may not be paid. <br />k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual <br />appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal <br />years, a notice of availability of funds from the Department's project manager must be received prior to <br />costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs <br />utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being <br />received. The Department will notify the Recipient, in writing, when funds are available. <br />I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the <br />provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: <br />"The Department, during any fiscal year, shall not expend money, incur any liability, or <br />enter into any contract which, by its terms, involves the expenditure of money in excess of <br />the amounts budgeted as available for expenditure during such fiscal year. Any contract, <br />verbal or written, made in violation of this subsection is null and void, and no money may <br />be paid on such contract. The Department shall require a statement from the comptroller <br />of the Department that funds are available prior to entering into any such contract or other <br />binding commitment of funds. Nothing herein contained shall prevent the making of <br />contracts for periods exceeding 1 year, but any contract so made shall be executory only <br />for the value of the services to be rendered or agreed to be paid for in succeeding fiscal <br />years, and this paragraph shall be incorporated verbatim in all contracts of the Department <br />which are for an amount in excess of $25,000 and which have a term for a period of more <br />than 1 year." <br />Page 4 of 14 <br />
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