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2000-045
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Last modified
3/14/2023 1:22:06 PM
Creation date
10/15/2015 9:46:46 AM
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Resolutions
Resolution Number
2000-045
Approved Date
04/18/2000
Agenda Item Number
11.G.2.
Resolution Type
Joint Participation Agreement
Hurricane Irene
Entity Name
Florida Department of Transportation
Subject
Traffic Control Device Expenditures
Hurricane Irene Damage
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15. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, <br />save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any <br />nature arising out of, because of, or due to any negligent or intentional act and/or occurrence, <br />omission, or cornmimion of the COUNTY, its agents, or employees. It is specifically understood <br />and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its <br />own negligence. <br />16. This AGREEMENT is governed by and construed in accordance with the laws of the State of <br />Florida. <br />17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor <br />rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon <br />receipt, the DEPARTMENT has ten (10) days,to inspect the goods and services provided by the <br />COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the <br />Department of Banking and Finance. The twenty days are measured from the latter of the date the <br />invoice is received or the goods and services are received, inspected and approved by the <br />DEPARTMENT. <br />If payment is not available within forty (40) days, a separate interest penalty at a rate as established <br />pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable, in addition to the <br />invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced <br />unless the County requests payment. Invoices which have to be returned to the COUNTY because <br />of invoice preparations errors will result in a delay in the payment. The invoice payment <br />requirements do not start until a properly completed invoice is provided the DEPARTMENT. <br />A Vendor Ombudsman has been established with the Department of Banking and Finance. The <br />duties of this individual include acting as an advocate for the COUNTY in the event that the <br />COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. <br />The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's <br />Hotline (1-800-848-3792). <br />18. This document incorporates and includes all prior negotiations, correspondence, conversations, <br />AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree <br />that there are no commitments, AGREEMENTS or understanding concerning the subject matter of <br />this AGREEMENT that are not contained in this document. Accordingly, it is agreed that no <br />deviation from the terms hereof shall be predicated upon any prior representation or AGREEMENTS <br />4 <br />
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