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2005-263
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2005-263
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Last modified
7/29/2016 11:06:31 AM
Creation date
9/30/2015 9:00:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/02/2005
Control Number
2005-263
Agenda Item Number
11.C.1
Entity Name
Chilberg Construction
Subject
Supervisor of Elections,Buildings and Grounds, Animal Control
Supplemental fields
SmeadsoftID
5112
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payment request or invoice in the same manner as provided in s . 218 . 73 or s . 218 . 735 . <br /> ( 4 ) All payments , other than payments for construction services , due from a local <br /> governmental entity and not made within the time specified by this section bear interest from 30 <br /> days after the due date at the rate of 1 percent per month on the unpaid balance . The vendor <br /> must invoice the local governmental entity for any interest accrued in order to receive the interest <br /> payment . Any overdue period of less than 1 month is considered as 1 month in computing <br /> interest . Unpaid interest is compounded monthly . For the purposes of this section , the term " 1 <br /> month " means a period beginning on any day of one month and ending on the same day of the <br /> following month . <br /> History .—s . 4 , ch . 89 -297 ; s . 4 , ch . 95-331 ; s . 4 , ch . 2001 - 169 . <br /> 218 . 75 Mandatory interest.—No contract between a local governmental entity and a vendor <br /> or a provider of construction services shall prohibit the collection of late payment interest charges <br /> allowable under this part . <br /> History .—s . 4 , ch . 89-297 ; s . 5 , ch . 2001 - 169 . <br /> 218 . 76 Improper payment request or invoice ; resolution of disputes .— <br /> ( 1 ) In any case in which an improper payment request or invoice is submitted by a vendor, <br /> the local governmental entity shall , within 10 days after the improper payment request or invoice is <br /> received by it , notify the vendor that the payment request or invoice is improper and indicate what <br /> corrective action on the part of the vendor is needed to make the payment request or invoice <br /> proper . <br /> ( 2 ) In the event a dispute occurs between a vendor and a local governmental entity <br /> concerning payment of a payment request or an invoice , such disagreement shall be finally <br /> determined by the local governmental entity as provided in this section . Each local governmental <br /> entity shall establish a dispute resolution procedure to be followed by the local governmental entity <br /> in cases of such disputes . Such procedure shall provide that proceedings to resolve the dispute <br /> shall be commenced not later than 45 days after the date on which the payment request or proper <br /> invoice was received by the local governmental entity and shall be concluded by final decision of <br /> the local governmental entity not later than 60 days after the date on which the payment request <br /> or proper invoice was received by the local governmental entity . Such procedures shall not be <br /> subject to chapter 120 , and such procedures shall not constitute an administrative proceeding <br /> which prohibits a court from deciding de novo any action arising out of the dispute . If the dispute is <br /> resolved in favor of the local governmental entity , then interest charges shall begin to accrue 15 <br /> days after the local governmental entity' s final decision . If the dispute is resolved in favor of the <br /> vendor , then interest shall begin to accrue as of the original date the payment became due . <br /> ( 3 ) In an action to recover amounts due under ss . 218 . 70-218 . 80 , the court shall award court <br /> costs and reasonable attorney ' s fees , including fees incurred through any appeal , to the prevailing <br /> party , if the court finds that the nonprevailing party withheld any portion of the payment that is the <br /> subject of the action without any reasonable basis in law or fact to dispute the prevailing party' s <br /> claim to those amounts . <br /> History . —s . 4 , ch . 89- 297 ; s . 6 , ch . 2001 - 169 ; s . 34 , ch . 2002- 1 . <br /> 218 . 77 Payment by federal funds .—A local governmental entity which intends to pay for a <br /> purchase with federal funds shall not make such purchase without reasonable assurance that <br /> federal funds to cover the cost thereof will be received . Where payment or the time of payment is <br /> contingent on receipt of federal funds or federal approval , any contract and any solicitation to bid <br /> shall clearly state such contingency . <br /> History .—s . 4 , ch . 89-297 . <br />
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