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525-010-40 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM <br />AGEMENT <br />LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC 0922 <br />Page 3 of 15 <br />Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will <br />not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the <br />Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If <br />the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's <br />term. <br />g. Agencies providing goods and services to the Department should be aware of the following time frames. <br />Inspection and approval of goods or services shall take no longer than 20 days from the Department's <br />receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the <br />Department of Financial Services. The 20 days are measured from the latter of the date the invoice is <br />received or the goods or services are received, inspected, and approved. <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), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. <br />Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. <br />Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a <br />delay in the payment. The invoice payment requirements do not start until a properly completed invoice is <br />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 Agencies 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 />h. 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 />Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient <br />and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the <br />Project, and shall incur obligations against and make disbursements of Project funds only in conformity with <br />the latest approved schedule of funding for the Project. The schedule of funding may be revised by <br />execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the <br />Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon <br />determination of the Recipient's contract award amount. <br />j. 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 />k. 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 />I. 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 funding for this Project is in multiple fiscal years, funds <br />approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. <br />See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not <br />eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the <br />Recipient, in writing, when funds are available. <br />m. 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 />