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2005-061
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2005-061
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Last modified
7/8/2016 2:02:55 PM
Creation date
9/30/2015 8:21:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/15/2005
Control Number
2005-061
Agenda Item Number
7.F.
Entity Name
Florida Department of Transportation
Subject
funding repairs of county roads Hurricane Frances and Jeanne
Emergency Joint Participation Agreement
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
4669
Document Relationships
2005-017
(Attachment)
Path:
\Resolutions\2000's\2005
2005-018
(Attachments)
Path:
\Official Documents\2000's\2005
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14 . 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 international act and/or occurrence , <br /> omission , or commission of the COUNTY, its consultants , contractors , subcontractors , agents , <br /> and/or employees . It is specifically understood and agreed that this indemnification clause does <br /> not cover or indemnify the DEPARTMENT for its own negligence . <br /> 15 . The Agreement is governed by and construed in accordance with the laws of the State of Florida . <br /> 16 . Section 215 . 422 (5 ) , Florida Statutes , request the DEPARTMENT to include a statement of vendor <br /> rights in the 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 Financial Services . The twenty days are measured from the latter of the date <br /> the invoice is received or the goods and services are received , inspected and approved by the <br /> DEPARTMENT . <br /> If payment is not available with 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 <br /> enforced unless the COUNTY requests payment . Invoices which have been returned to the <br /> COUNTY because of invoice preparations errors will result in delay in the payment. The invoice <br /> payment requirements do no start until a properly completed invoice is provided the <br /> DEPARTMENT . <br /> Vendor Ombudsman has been established with the DEPARTMENT of Financial Services . 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 Department of <br /> Financial Services Hotline 1 -800-848-3792 , <br /> 17 . 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 deviation <br /> from the terms hereof shall be predicated upon any prior representation or Agreements whether <br /> oral or written . It is further agreed that no modification , amendment , or alteration in the terms and <br /> conditions contained herein shall be effective unless contained in written document executed with <br /> the same formality and of equal dignity herewith . <br /> 18 . The DEPARTMENT agrees to pay the COUNTY for the services herein described at <br /> compensation as detailed in this Agreement. Payment shall be made only after receipt and <br /> approval of goods and services unless advance payments are authorized by the Department of <br /> Financial Services 215 . 422 ( 14 ) , Florida Statute , or by the Department's Comptroller under <br /> section 334 . 044 (29 ) , Florida Statutes . Any provisions for an advance payment are provided in <br /> Exhibit "A" attached , and made part of this Agreement. <br /> 19 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a <br /> public entity crime may not submit a bid on a contract to provide any goods or services to a public <br /> entity, may not a bid on a contract with a public entity for the construction or repair of a public <br /> building or public work, may not submit bids on leases or real property to a public entity, may not <br /> be awarded or perform work as a contractor, supplier, subcontractor, or a consultant under a <br /> contract with any public entity, and may not transact business with any public entity in excess of <br /> the threshold amount provided in section 287 . 017 , Florida Statutes , for Category Two for a period <br /> of 36 months from the date of being placed on the convicted vendor list . <br /> Page 3 <br />
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