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HomeMy WebLinkAbout2005-326 j WETLAND MAINTENANCE SERVICES AGREEMENT : 3 This Wetland Maintenance Services Agreement ( "Agreement" ) is entered into this 13th day of September , 2005 , and bearing an effective date of May 1 , 2005 by and between Indian River County , a political subdivision of the State of Florida , 1840 25th Street , Vero Beach , FL 32960 (" County" ) and Ecotech Consultants , Inc . , a Florida corporation , having a principal place of business at 1906 12th Court , Vero Beach , FL 32960 ( " Contractor" ) . BACKGROUND RECITALS A . The County issued an Invitation to Bid to maintain and operate wetlands services , setting forth a response date of April 28 , 2005 . B . Pursuant to the Invitation to Bid , the County received and evaluated the bid proposals and ranked the firms that responded to the Invitation to Bid based on the evaluative criteria set forth in the Invitation to Bid . C . The Contractor was the second -lowest bidder , but was the highest ranked respondent based on experience and expertise to the Invitation to Bid . Based on the evaluative criteria set forth in the Invitation to Bid , the County selected Contractor as the entity best able to serve the requirements of the County for maintenance and operation of wetlands services set forth in the Invitation to Bid and this Agreement . D . Contractor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below . E . The County and the Contractor wish to enter into this Agreement for the services as set forth below . NOW, THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , and intending to be legally bound hereby , the parties hereby agree as follows : 1 . DESCRIPTION OF COUNTY FACILITIES TO BE SERVICED . The facilities of the County that will be serviced by Contractor , pursuant to this Agreement , are the County- owned and managed existing 4 . 0 MGD Average Annual Daily Flow (AADF ) , permitted capacity system ( R-001 ) , consisting of a created wetland treatment/reuse system comprising of 169± acres ( 135± total wetted acres ) and consisting of an influent deep settling pond , with overland flow through 9 deep marsh cells and 3 shallow marsh cells to a final storage outfall cell . The wetland treatment system is located at 8405 8th Street , Vero Beach , Florida . 2 . SCOPE OF SERVICES . The scope of wetland maintenance and operations services provided under this Agreement shall be as more specifically set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety ( " Services " ) 1 3 . ADDITIONAL SERVICES . The County may , but is not obligated to , request that additional County facilities be added to the Services provided by the Contractor under this Agreement . The County and Contractor acknowledge and agree that any such additional Services will be negotiated based on pricing that is consistent with , and comparable to , the compensation for similar County facilities covered under this Agreement . If other wetland related services in addition to the Services provided hereunder are required or desired by the County , the COUNTY may , at the sole option of the COUNTY : separately obtain same outside of this Agreement ; or request the Contractor to provide assistance to the County for projects by submitting Schedule of Hourly Rates for "Additional Services " . 4 , COMPENSATION . 4 . 1 , The County shall pay to the Contractor a mutually agreed upon not-to -exceed annual fee of $ 35 , 000 . 00 for the completion of Services hereunder in monthly progress payments during the term of this Agreement . The County shall withhold the last month ' s payment , pending final delivery of report items set forth on Exhibit A . 4 . 2 . Proper monthly invoices shall be submitted to the County' s Finance Department in detail sufficient for proper prepayment and post payment audit . All payments for services shall be made to the Contractor by the County in accordance with the Florida Prompt Payment Act (2004 ) , Section 218 . 70 , Florida Statutes , et seq . , attached hereto and incorporated herein by this reference in its entirety . 5 . INSURANCE ; INDEMNIFICATION . 5 . 1 , The Contractor shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement , set forth in Exhibit " B " attached hereto and incorporated herein by this reference in their entirety , and such certificates of insurance have been approved by the County' s Risk Manager . The cost of such insurance shall be included in the Contractor' s fee . The County , by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement . In such event , the County shall provide the Contractor with separate written notice of such adjusted limits and Contractor shall comply within thirty ( 30 ) days of receipt thereof. The failure by Contractor to provide such additional coverage may constitute a default by Contractor and shall be grounds for termination of this Agreement by the County . 6 . TERM ; TERMINATION . 6 . 1 . This Agreement shall remain in effect for a term of three ( 3 ) years , subject to sooner termination as provided herein . This Agreement may be renewed annually for up to three ( 3 ) separate terms of one ( 1 ) year each at the County' s option with the approval of the Board of County Commissioners , The County and the Contractor acknowledge and agree that the annual compensation under this Agreement will not be changed throughout the initial three (3 ) year term of this Agreement . 2 6 . 2 . This Agreement may be terminated : ( a ) by the County , for any reason , upon at least thirty (30 ) days' prior written notice to the Contractor; or ( b ) by the Contractor, for any reason , upon at least thirty (30 ) days ' prior written notice to the County ; or ( c) by the mutual agreement of the parties ; or d ) as may otherwise be provided below . In the event of the termination of this Agreement , any liability of one party to the other arising out of any Services rendered , or for any act or event occurring prior to the termination , shall not be terminated or released . 6 . 3 . In the event of termination by the County , the County's sole obligation to the Contractor shall be payment for those portions of satisfactorily completed work under this Agreement . Such payment shall be determined on the basis of the hours of work performed by the Contractor, or the percentage of work complete as estimated by the Contractor and agreed upon by the County up to the time of termination . In the event of such termination , the County may , without penalty or other obligation to the Contractor, elect to employ other persons to perform the same or similar services . 6 . 4 . The obligation to provide services under this Agreement may be terminated by either party upon seven ( 7 ) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party . 6 . 5 . In the event that the Contractor merges with another company , becomes a subsidiary of, or makes any other substantial change in structure , the County reserves the right to terminate this Agreement in accordance with its terms . 6 . 6 . In the event of termination of this Agreement , the Contractor agrees to provide copies of any and all documents prepared by the Contractor for the County in connection with this Agreement . 7 , INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the parties hereto that the Contractor is and shall be , in the performance of all Services and activities under this Agreement , an independent contractor, and not an employee , agent , or servant of the County . All persons engaged in any of the Services performed pursuant to this Agreement shall at all times , and in all places , be subject to the Contractor' s sole direction , supervision , and control , The Contractor shall exercise control over the means and manner in which Contractor and its employees perform the Services , and in all respects the Contractor' s relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees , agents , or servants of the County . 8 . MERGER , MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , 3 change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Contractor and the County . 9 . GOVERNING LAW , VENUE . This Agreement , including all attachments hereto , shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 10 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party , at law or in equity. Each right , power and remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to do so in the event of a continuing or subsequent delinquency or default . A party' s waiver of one or more defaults does not constitute a waver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default , or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 11 . SEVERABILITY . If any term or provision of this Agreement , or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 12 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 13 , NO PLEDGE OF CREDIT , The Contractor shall not pledge the County' s credit or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness . 14 . PUBLIC RECORDS . The Contractor shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 15 . NOTICES . Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : (a ) Hand delivery to the other party ; ( b ) Delivery by commercial overnight courier service ; or ( c) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the addresses of the parties shown below : 4 County : Indian River County Attn : Terry Southard , Project Manager 184025 th Street , Vero Beach , FL 32960-3365 Phone : (772 ) 226 - 1835 ; Facsimile : ( 772 )770 -5143 Contractor: Ecotech Consultants , Inc . Attn : C . E . Swindell , Jr. , President 190612th Court Vero Beach , FL 32960 Phone : ( 772 ) ------- , Facsimile : ( 772 ) -------- Notices shall be effective when received at the address as specified above . Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of the notice must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 16 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement . 17 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of convenience only , and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm 's- length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 18 , COUNTERPARTS , This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 19 . GENERAL . The Background Recitals are true and correct and form a material part of this Agreement . 5 IN WITNESS WHEREOF , the County and the Contractor have caused this Agreement to be executed in their respective names as of the date first set forth above . Contractor: INDIAN RIVER COUNTY ECOTECH CONSULTANTS , INC . BOARD OF COUNTY COMMISSIONERS 7 � CoOpp By By E . Swindell , Jr. esident Thomas S . Lowther; Chairma►4' : Cir Witness : Attest : J . K . Barton, ;CI, Jc t~ ( sign ) By "W4�1 .� Printed name : Deputy ' Irk `p:y" Approved by BCC : 10 / 05 / 05 Approved : By PC oseph A . Baird County Administrator Appr ved as to form gal sufficiency : B4 E . e , ssistant County Attorney 6 EXHIBIT A I . MONITORING RESPONSIBILITIES Presented below are a series of tasks that are necessary for the successful operation of the Wetland Treatment System (WTS ) located at West Regional Wastewater Facility : A . PREPARATION OF QAP . The Contractor shall prepare , maintain and /or update a Quality Assurance Program (QAP ) as required by the Florida Department of Environmental Protection , ( FDEP ) , operating permit for the sampling procedures outlined below . Sampling and testing shall be performed by qualified personnel . B . ON - SITE WATER QUALITY SAMPLING . The Contractor shall collect a water sample from the effluent structure of the wetland system on a weekly basis , deliver the sample to the West Regional Operations Lab for same day courier pick- up , and perform field tests for dissolved oxygen , temperature , and conductivity readings at the effluent structure . The Contractor also shall collect samples at five ( 5 ) water quality stations with the wetland system over a three consecutive day period every month . All samples shall be delivered to the West Regional Operations Lab for same day courier pick- up , located at the 8405 8th Street facility for transport to the County' s Contract Lab Service , for analysis . The Contractor shall be responsible for reviewing the data prior to preparation of the monthly report , and shall assist the County with the preparation of the monthly reports to FDEP . C . OFF -SITE WATER QUALITY SAMPLING . The Contractor shall collect water quality samples and field data at five ( 5 ) off-site stations , on a quarterly basis . The samples shall be delivered to the West Regional Operations Lab for same day courier pick- up , located at the 8405 8th Street facility , for transport to the County' s Contract Lab Service , for analysis . D . VEGETATIVE MONITORING . The Contractor shall provide one ( 1 ) aerial photograph , (color infrared stereo transparencies , 1 " = 200 ft) , of the wetland site on an annual basis . The Contactor shall set up and operate the transects within the wetland as per the engineering report . Total vegetation monitoring stations for all transects is 300 stations , and shall be used , in conjunction with the aerial photograph , to develop vegetation maps for the wetland . The vegetation maps shall be submitted to FDEP on an annual basis as part of the annual report . The Contractor shall operate six ( 6 ) biomass plots for the dominant macrophytic vegetation . Biomass samples shall be collected from each plot on a quarterly basis ; each sample shall be sorted by species , and weighed to the nearest 0 . 1 mg . The Contractor shall collect four (4 ) sub-samples for chemical analysis . ( Samples to include both above and belowground structures ) . The biomass data shall be reported to FDEP on an annual basis as part of the annual report for the wetland system . E . SOIL SAMPLING . The Contractor shall operate six ( 6 ) soil -sampling plots within the wetland system . The Contractor shall collect one sample from each station on an annual basis . The Contractor shall deliver the soil samples to an independent laboratory for analysis . The soil data shall be reported to FDEP on an annual basis as part of the annual report for the wetland system . 1 F . DETRITUS SAMPLING . The Contractor shall operate six ( 6 ) liter study plots within the wetland system . A minimum of fourteen ( 14 ) samples shall be collected at each station annually . The collected material shall be dried and analyzed as per the Engineering Report for the wetland system . The detritus data shall be reported to FDEP on an annual basis , as part of the annual report for the wetland system . G . DENITRIFICATION STUDY , The Contractor shall operate six ( 6 ) denitrification study plots within the wetland . Data shall be collected from the six (6 ) denitrification study plots on a semi -annual basis . The Contractor shall deliver the samples to an independent laboratory and is responsible for the cost of analysis . The denitrification data shall be reported to FDEP on an annual basis , as part of the annual report for the wetland system . H . REPORTS . The Contractor ,will provide all data and reports to the County that are required by this Agreement in electronic format , Excel and/or MS Word ) II . OPERATIONAL RESPONSIBILITIES A . The Contractor shall inspect the wetland system on a minimum of a weekly basis . The Contractor shall be responsible for adjusting the water levels in each cell for maintenance of the vegetative communities , and to ensure the nutrient uptake rate is sufficient to meet permit conditions . The Contractor shall note changes in the vegetative communities in each cell , and take appropriate action to minimize the density and distribution of exotic and nuisance species , and to re-vegetate bare ground areas . The Contractor shall assist the County with stabilization of the side slopes of the berms by re-vegetating the littoral zone in eroded areas . B . The Contractor shall meet with County Operations Staff to discuss the wetland system on a minimum of a monthly basis . C . The Contractor shall operate two (2 ) evapotranspiration stations within the WTS . Readings shall be collected over a four (4 ) consecutive day period , on a quarterly basis . D . The Contractor shall prepare an annual report , which is required to be submitted to Indian River County for review by February 28th of each year, summarizing the results of the monitoring program for the year in accordance with Florida Department of Environmental Protection Permit No . FL0041637 . This report shall include a detailed analysis of the data as outlined in the Engineering Report . Three ( 3 ) copies of the draft annual report shall be submitted to the County for review and comment . Comments received from the County shall be incorporated into the final report . Three ( 3 ) copies of the final annual report shall be submitted to the County for their use , and two (2 ) copies of the same report shall be submitted to FDEP . E . The Contractor shall assist the County with the maintenance , renewal , modification , or the preparation of application for permits relating to the West Regional man - made wetland system , and attend public meetings related to the wetland system . 2 F . The Contractor shall assist the County with the preparation of the public-education materials , the design and operation of nature trails , and/or boardwalks through the wetland system on an as- needed basis . III . MAINTENANCE RESPONSIBILITIES The maintenance responsibilities for the wetland system shall be as follows : A . Maintain the distribution of exotic and nuisance species including , but not limited to Typha spp, Ludwigia peruviana at or below one percent of the total cover of all macrohphytic species in the wetland system . B . Continue the re-vegetation of open water areas of cells . C . Maintain the weir structures in each cell — to include the removal of sand and other debris from the pipes connecting the cells , the clearing of vegetation within a ten -foot radius of the weir, re-vegetation of erosion points adjacent to the weirs , and replacement of weir boards . D . Assist the County with the design of possible wetland improvements , including , but not limited to , information stations , boardwalks , observation decks , and landscaping . 3 P ' T B " X1L; I i Insurance. • Owners. and Subcontractors Insurance: The contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor' s work us covered by the protections afforded by the contractor' s insurance. • Worker's Compensation Insurance : The contractor shall procure and maintain worker' s compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker' s compensation statute, the contractor shall provide adequate coverage for the protection of such employees . • Public Liability Insurance : The contractor shall - procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General (Public) Liability, other than Automobile A Premises / Operations B . Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single limit for Bodily Nury and D. Personal Injury Property Damage E. Contractual Liability F. Explosion, Collapses, and Underground Property Damage Automobile A. Owner Leased Automobiles $1,000,000.00 Combined single limit Bodily Injury andB . Non-Owned Automobiles C. Hire Automobiles Damage Liability PART VII FLORIDA PROMPT PAYMENT ACT 218 . 70 Short title . 218 . 71 Purpose and policy. 218 . 72 Definitions . 218 . 73 Timely payment for nonconstruction services . 218 . 735 Timely payment for purchases of construction services . 218 . 74 Procedures for calculation of payment due dates . 218 . 75 Mandatory interest, 218 . 76 Improper payment request or invoice ; resolution of disputes . 218 . 77 Payment by federal funds. 218 . 78 Report of interest. 218 . 79 Repeal of conflicting laws . 218 . 80 Public Bid Disclosure Act. 218 .70 . Short title .This part may be cited as the " Florida Prompt Payment Act. " History .—s . 4 , ch . 89-297 . 218 .71 Purpose and policy .— ( 1 ) The purpose of this part is : ( a ) To provide for prompt payments by local governmental entities and their institutions and agencies . ( b ) To provide for interest payments on late payments made by local governmental entities and their institutions and agencies . ( c) To provide for a dispute resolution process for payment of obligations . (2) It is the policy of this state that payment for all purchases . by local governmental entities be made in a timely manner. History ,—s . 4 , ch . 89-297 . 218 .72 Definitions .—As used in this part: ( 1 ) " Proper invoice" means an invoice which conforms with all statutory requirements and with all requirements that have been specified by the local governmental entity to which the invoice is submitted . (2 ) " Local governmental entity" means a county or municipal government, school board , school district, authority , special taxing district, other political subdivision , or any office , board , bureau , commission , department, branch , division , or institution thereof or any project supported by county or municipal funds . ( 3 ) " County" means apolitical subdivision of the state established pursuant to s . 1 , Art. VIII of the State Constitution . (4 ) " Municipality" means a municipality created pursuant to general or special law and metropolitan and consolidated governments as provided in s . 6 ( e) and (f) , Art. Vlll of the State Constitution . (5 ) " Purchase" means the purchase of goods , services , or construction services ; the purchase or lease of personal property; or the lease of real property by a local governmental entity . (6 ) "Vendor" means any person who sells goods or services , sells or leases personal property , or leases realproperty to a local governmental entity . (7 ) " Construction services" means all labor, services , and materials provided in connection with the construction , alteration , repair, demolition, reconstruction , or any other improvements to real property that require a license under parts I and 11 of chapter 489 . ( 8 ) " Payment request" means a request for payment for construction services which conforms with all statutory requirements and with all requirements specified by the local governmental entity to which the payment request is submitted . ( 9 ) "Agent" means project architect, project engineer, or any other agency or person acting on behalf of the local governmental entity . History ,—s . 4 , ch . 89-297 ; s . 1 , ch . 95-331 ; s . 1 , ch . 20010169 . 218 .73 Timely payment for nonconstruction services .—The time at which payment is due for a purchase other than construction services by a local governmental entity must be calculated from : ( 1 ) The date on which a . proper invoice is received by the chief - disbursement officer of the local governmental entity after approval by the governing . body, if required ; or ( 2 ) If a proper invoice is not received by the local governmental entity , the date : (a) On which delivery of personal property is accepted by the local governmental entity ,- ( b ) ntity ;( b ) On which services are completed ; (c) On which the rental period begins ; or ( d ) On which the local governmental entity and vendor agree in a contract that provides dates relative to payment periods ; whichever date is latest. History.—s . 4 , ch . 89-297 ; s . 2 , ch . 95-331 ; s . 2, ch . 2001 -169 . 218 .735 Timely payment for purchases of construction services .— ( 1 ) The due date for payment for the purchase of construction services by a local governmental entity is determined as follows : ( a ) If an agent must approve the payment request or invoice prior to the payment request or invoice being submitted to the local governmental entity , payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in S . 218 . 74( 1 ) . ( b) If an agent need not approve the payment request or invoice which is submitted by the contractor , payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s . 218 . 74( 1 ) . (2 ) The local governmental entity may reject the payment request or invoice within 20 business days after the date on which the payment request or invoice is stamped as received as provided in s . 218 . 74( 1 ) . The rejection must be written and must specify the deficiency in the payment request or invoice and the action, necessaryto make the- payment proper , or invoice (3 ) If a payment request or an invoice is rejected under subsection (2 ) and the contractor submits a corrected payment request or invoice which corrects the deficiency specified in writing by the local governmental entity , the corrected payment request or invoice must be paid or rejected on the later of: ( a ) Ten business days after the date the corrected payment request or invoice is stamped as received as provided in s . 218 . 74 ( 1 ) ; or ( b ) If the governing body is required by ordinance , charter, or other law to approve or reject the corrected payment request or invoice , the first business day after the next regularly scheduled meeting of the governing body held after the corrected payment request or invoice is stamped as received as provided in s , 218 . 74( 1 ) . (4 ) If a dispute between the local governmental entity and the contractor cannot be resolved by the procedure in subsection ( 3 ) , the dispute must be resolved in accordance with the dispute resolution procedure prescribed in the construction contract or in any applicable ordinance . In the absence of a prescribed procedure , the dispute must be resolved by the procedure specified in s , 218 . 76 ( 2 ). ( 5 ) If a local governmental entity disputes a portion of a payment request .or an invoice , the undisputed portion shall be paid timely , in accordance with subsection ( 1 ) . (6 ) When a contractor receives payment from a local governmental entity for labor, services , or materials furnished by subcontractors and suppliers hired by the contractor, the contractor shall remit payment due to those subcontractors and suppliers within 15 days after the contractor' s receipt of payment, When a subcontractor receives payment from a contractor for labor, services , or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers within 15 days after the subcontractor' s receipt of payment. Nothing herein shall prohibit a contractor or subcontractor from disputing , pursuant to the terms of the relevant contract, all or any portion of a payment alleged to be due to another party . In the event of such a dispute , the contractor or subcontractor may withhold the disputed portion of any such payment if the contractor or subcontractor notifies the party whose payment is disputed , in writing , of the amount in dispute and the actions required to cure the dispute . The contractor or subcontractor must pay all undisputed amounts due within the time limits imposed by this section . ( 7 ) All payments due under this section and not made within the time periods specified by this section shall bear interest at the rate of 1 percent per month , or the rate specified by contract , whichever is greater. History.—s. 3 , ch . 95-331 ; s . 3 , ch . 2001 -169. 218 . 74 Procedures for calculation of payment due dates .— ( 1 ) Each local governmental entity shall establish procedures whereby each payment request or invoice received by the local governmental entity is marked as received on the date on which it is delivered to an agent or employee of the`local governmental entity or of a facility or office of the local governmental entity. (2 ) The payment due date for a local governmental entity for the purchase of goods or services other than construction services is 45 days after the date specified in s . 218 . 73 . The payment due date for the purchase of construction services is specified in s . 218 . 735 . (3 ) If the terms under which a purchase is made allow for partial deliveries and a payment request or proper invoice is submitted for a partial delivery , the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or invoice in the same manner as provided in S . 218 . 73 or s . 218 , 735 . (4 ) All payments , other than payments for construction services , due from a local governmental entity and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance . The vendor must invoice the local governmental entity for any interest accrued in order to receive the interest payment. Any overdue period of less than 1 month . is, considered as 1 month in computing interest. Unpaid interest is compounded monthly . For the purposes of this section , the term " 1 month " means a period beginning on any day of one month and ending on the same day of the following month . History .—s . 4 , ch . 89-297 ; s . 4 , ch . 95-331 ; s . 41 ch. 2001 - 169 . 218 .75 Mandatory interest.—No contract between a local governmental entity and a vendor or a provider of construction services shall prohibit the collection of late payment interest charges allowable under this part, History .s . 4 , ch . 89-297 ; s . 5, ch . 2001 -169 . 218 .76 Improper payment request or invoice ; resolution of disputes .— ( 1 ) In any case in which an improper payment request or invoice is submitted by vendor , the local governmental entity shall , within 10 days after the improper payment request or invoice is received by it , notify the vendor that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. (2 ) . In the event a dispute occurs between a vendor and a local governmental entity concerning payment of a payment request or an invoice , such disagreement shall be finally determined by the local governmental entity as provided in this section. Each local governmental entity shall establish a dispute resolution procedure to be followed by the local governmental entity in cases of such disputes . Such procedure shall provide that proceedings to resolve the dispute shall be commenced not later than 45 days after the date on which the payment request or proper invoice was received by the local governmental entity and shall be concluded by final decision of the local governmental entity not later than 60 days after the date on which the payment request or proper invoice was received by the local governmental entity. Such procedures shall not be subject to chapter 120 , and such procedures shall not constitute an administrative proceeding which prohibits a court from deciding de novo any action arising out of the dispute . If the dispute is resolved in favor of the local governmental entity , then interest charges shall begin to accrue 15 days after the local governmental entity' s final decision . If the dispute is resolved in favor of the vendor , then interest shall begin to accrue as of the original date the payment became due . (3 ) In an action to recover amounts . due under ss . 218 . 70-218 . 80 , the court shall award court costs and reasonable attorney 's fees , including fees incurred through any appeal , to the prevailing party , if the court finds that the nonprevailing party withheld any portion of the payment that is the subject of the action without any reasonable basis in law or fact to dispute the prevailing party's claim to those amounts . History .—s . 4 , ch . 89-297 ; s . 6 , ch . 2001 - 169 ; s. 34 , ch . 2002-1 . 218 . 77 Payment by federal funds .—A local governmental entity which intends to pay for a purchase with federal funds shall not make such purchase without reasonable assurance that . federal funds to cover the cost thereof will be received . Where payment or the time of payment is contingent on receipt of federal funds or federal approval , any contract and any solicitation to bid shall clearly state such contingency. History.—s . 4 , ch , 89-297 . 218 . 78 Report of interest.—If the total amount of interest paid during the preceding fiscal year exceeds $250 , each local governmental entity shall , during December of each year, report to the board of county commissioners or the municipal governing body the number of interest payments made by it during the preceding fiscal year and the total amount of such payments made under this part. History .—s . 4 , ch . 89-297 ; s . 52 ch . 95-331 . 218 . 79 Repeal of conflicting laws .—All laws and parts of laws in conflict with this part are repealed . History .—s . 4 , ch . 89-297 . 218 . 80 Public Bid Disclosure Act.. ( 1 ) This section may be cited as the " Public Bid Disclosure Act. " (2 ) It is the intent of the Legislature that a local governmental entity shall disclose all of the local governmental entity' s permits or fees , including , but not limited to , all license fees , permit fees , impact fees , or inspection fees , payable by the contractor to the unit of government that issued the bidding documents or other request for proposal , unless such permits or fees are disclosed in the bidding documents or other request for proposal for the project at the time the project was let for bid . It is further the intent of the Legislature to prohibit local governments from halting construction to collect any undisclosed permits . or fees which -were not disclosed or included in the bidding documents or other request for proposal for the project at the time the project was let for bid . ( 3 ) Bidding documents or other request for proposal issued for bids by a local governmental entity , or any public contract entered into between a local governmental entity and a contractor shall disclose each permit or fee which the contractor will have to pay before or during construction and shall include the dollar amount or the percentage method or the unit method of all permits or fees which may be required by the local government as a part of the contract. If the request for proposal does not require the response to include a final fixed price , the local governmental entity isnot required to disclose any fees or assessments in the request for proposal . However , at least 10 days prior to requiring the contractor to submit a final fixed price for the project, the local governmental entity shall make the disclosures required in this section . Any of the local governmental entity' s permits or fees which are not disclosed in the bidding documents , other request for proposal , or a contract between a local government and a contractor shall not be assessed or collected after the contract is let. No local government shall halt construction under any public contract or delay completion of the contract in order 'to collect any permits or fees which were not provided for or specified in the bidding documents , other request for proposal , or the contract. (4) This section does not require disclosure in the bidding documents of any permits or fees imposed as a result of a change order or a modification to the contract. The local government shall disclose all permits or fees imposed as a result of a change order or a modification to the contract prior to the date the contractor is required to. submit a price for the change order or modification . History .—s . 1 , ch . 93.76 .