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2023-104
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2023-104
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Last modified
6/27/2023 1:22:16 PM
Creation date
6/27/2023 1:13:27 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-104
Agenda Item Number
8.K.
Entity Name
Federal Department of Transportation (FDOT
Subject
State Highway System Project Funding Agreement for traffic monitoring
SystemTechnology update project
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />L The Department determines that the Agency has misrepresented a material fact in any <br />documents submitted to obtain the Department Funding under this Agreement, or any document or data <br />furnished pursuant to this Agreement; <br />ii. There is any pending litigation with respect to the performance by the Agency of any of its <br />duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments <br />for the Project; <br />iii. The Agency takes any action on the Project which, under this Agreement, requires the <br />approval of the Department or makes a related expenditure or incurs related obligations without <br />Department approval when required; <br />iv. There has been any violation of the conflict of interest provisions contained in this <br />Agreement; or <br />V. The Department determines the Agency is otherwise in default under any provisions of this <br />Agreement. <br />b. Payment shall be made only after receipt and approval of goods and services unless advance <br />payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida <br />Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. <br />❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit D, <br />Alternative Advance Payment Financial Provisions is attached and incorporated into this <br />Agreement. <br />C. If the Department determines that the performance of the Agency is unsatisfactory, the Department <br />shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to <br />be specified by the Department. The Agency shall, within five days after notice from the Department, provide the <br />Department with a corrective action plan describing how the Agency will address all issues of contract non- <br />performance, unacceptable performance, failure to meet the minimum performance levels, deliverable <br />deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the <br />Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The <br />retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until <br />the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the <br />Department for the retained amount during the next billing period. If the Agency is unable to resolve the <br />deficiency, the funds retained will be forfeited at the end of the Agreement's term. <br />d. Agencies providing goods and services to the Department should be aware of the following time <br />frames. 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 Department <br />of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods <br />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 to Section <br />55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of <br />less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned <br />Page 4 of 29 <br />
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