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2022-122
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2022-122
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Last modified
8/11/2022 10:33:28 AM
Creation date
7/8/2022 3:29:21 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/21/2022
Control Number
2022-122
Agenda Item Number
13.A.
Entity Name
Brightline Trains Florida, LLC
Subject
Brightline Subrecipient Agreement for FDOT Local Transportation Project Funding
Document Relationships
2022-121
(Agenda)
Path:
\Official Documents\2020's\2022
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C. Payments shall be made by the Department for completion of the work <br />specified in each individual milestone in Exhibit "B". Payment for work within the scope <br />of each milestone identified in Exhibit `B" shall be made only after receipt and approval <br />of goods and services for the relevant milestone by the County, unless advance payments <br />are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 <br />and 216, F.S., or the Department's Comptroller under Section 334.044(29), F.S. <br />d. If the Department determines that the performance of the Project is <br />unsatisfactory, the Department shall notify the County of the deficiency to be corrected, <br />which correction shall be made within a time -frame to be specified by the Department. The <br />County shall, within five days after notice from the Department, provide the Department <br />with a corrective action plan describing how all issues of contract non-performance, <br />unacceptable performance, failure to meet the minimum performance levels, deliverable <br />deficiencies, or contract non-compliance will be addressed. If the corrective action plan is <br />unacceptable to the Department, the Department will assess a non-performance retainage <br />equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice <br />for the then -current billing. The retainage shall be withheld until the deficiency is resolved. <br />If the deficiency is subsequently resolved, the County may bill the Department for the <br />retained amount. If the deficiency remains unresolved, the funds retained will be forfeited <br />at the end of the Agreement's term. <br />e. Invoices shall be submitted by the County upon completion of the <br />individually identified milestones and in detail sufficient for a proper pre- audit and post - <br />audit thereof, based on the quantifiable, measurable and verifiable deliverables as <br />established in Exhibit "A". Deliverables must be received and accepted in writing by the <br />Department's Project Manager or designee prior to reimbursements. <br />£ Supporting documentation must establish that the deliverables were <br />received and accepted in writing by the County and must also establish that the required <br />minimum level of service to be performed based on the criteria for evaluating successful <br />completion as specified in Exhibit "A" was met. <br />g. All costs charged to the Project by the County shall be supported by detailed <br />invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature <br />and propriety of the charges, as described in Exhibit "C" Contract Payment Requirements. <br />h. The County shall submit the final invoice to the Department within one <br />hundred eighty (180) days after the final acceptance of the Project. Upon expiration or <br />earlier termination of this Agreement, any balance of unobligated funds which has been <br />advanced or paid to the County must be refunded to the Department. <br />L Any Project funds made available by the Department pursuant to this <br />Agreement which are determined by the Department to have been expended by the County <br />in violation of this Agreement or any other applicable law or regulation, or are otherwise <br />in excess of the amount to which the County is entitled under the terms and conditions of <br />this Agreement, shall be promptly refunded in full to the Department. Acceptance by the <br />4 <br />
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