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2008-122
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2008-122
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Last modified
3/29/2016 2:13:31 PM
Creation date
10/1/2015 12:06:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/15/2008
Control Number
2008-122
Agenda Item Number
12.J.4
Entity Name
Advanced Xerographics Imaging Systems
Subject
Utility Billing and Mailing Services Agreement
Alternate Name
AXIS
Supplemental fields
SmeadsoftID
6976
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the County's Project Manager in detail sufficient for proper prepayment and post payment <br /> audit. All payments for Services shall be made to the Contractor by the County in <br /> accordance with the Local Government Prompt Payment Act (2006), Florida Statutes <br /> Section 218. 70 et seq . The Contractor shall be paid within forty-five (45) calendar days <br /> after receipt of a proper invoice from the Contractor and acceptance of the Services <br /> by the County, less any deductions or assessments as set forth herein . <br /> 4. Term : Renewal of Agreement . The initial term of this Agreement is July 1 , 2008 <br /> through May 31 , 2010 , subject to early termination as set forth in this Agreement ("Initial <br /> Term") This Agreement may be renewed for one ( 1 ) additional three (3) year term <br /> ("Renewal Term ") , at the same rate(s), by mutual agreement of both parties , subject to <br /> early termination as set forth in this Agreement. <br /> 5. Terms and Conditions • <br /> 5. 1 . Delivery and Acceptance . Receipt of Services shall not constitute <br /> acceptance. Final acceptance and authorization of payment shall be given only after <br /> thorough inspection indicates that the Services delivered meet the specifications, terms <br /> and conditions . Should the Services differ in any respect from the specifications , payment <br /> will be withheld until such time as the Contractor takes necessary corrective action . If the <br /> proposed corrective action is not acceptable to the County or the Contractor, final <br /> acceptance of the Services may be refused , in which case the County shall not be liable <br /> for payment. Proper invoices must be submitted for each bill run to the County. The <br /> County must approve all invoices prior to payment in accordance with the Local <br /> Government Prompt Payment Act (2006), Florida Statutes Section 218. 70 et seq . <br /> 5.2. Liquidated Damages . The County may retain the amounts set forth below from the <br /> amount of compensation to be paid to the Contractor, or the County may charge <br /> Contractor for every day that the Services remain uncompleted from the negotiated dates <br /> and times Services are to be performed pursuant to this Agreement. The Services are to <br /> be completed and delivered into the U . S . Postal Distribution System no later than one ( 1 ) <br /> business day from receipt of data (this excludes delays associate with : Acts of God , <br /> County processing errors, transmission errors, weekends and holidays). The Contractor <br /> acknowledges and agrees that it is of critical importance to the County that the Services <br /> hereunder be performed in a timely manner. The County and the Contractor recognize <br /> that time is of the essence of this Agreement and that the County will suffer financial loss <br /> if the work is not completed within the times specified in this Agreement. The County and <br /> the Contractor also recognize the delays, expense and difficulties involved in proving in a <br /> legal proceeding the actual loss suffered by the County if the Services are not completed <br /> on time. Accordingly, instead of requiring any such proof, the County and the Contractor <br /> agree that the amounts , as set forth below, are agreed upon as a proper measure of <br /> liquidated damages, that the County will sustain per day by failure of the Contractor to <br /> perform the Services hereunder, and are not to be construed , in any sense, as penalties : <br /> First 3 Days Second 3 Days 7 Days & Thereafter <br /> $ 1 , 000 per day $2 , 000 per day $3, 500 per day <br /> 4 <br />
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