Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.215 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Contractor": any individual or
				contracting entity with whom the District has entered into a legally binding
				agreement for performance of work at a mutually agreed upon price in accordance
				with agreed upon terms and conditions.
(2) "Contracting Entity": an individual,
				partnership, corporation, joint venture, professional association, an obligor
				to a third party beneficiary contract, or any other legal entity doing business
				in the State of Florida which has entered into a contract with the
				District.
(3) "Cure Notice": a
				letter citing the specific nature of the material breach, the corrective action
				required by the District and a thirty (30) day time frame for curing the
				breach, starting from receipt of the Cure Notice. The letter also shall state
				that if the contracting entity fails to cure the breach within the thirty (30)
				day period, the contracting entity will be found in default and may be placed
				on the District's Temporary or Permanent Suspension List.
(4) "Excusable Non-performance": a
				contracting entity's failure to perform an act that is an important part of the
				transaction or performing an act inconsistent with the terms and conditions of
				the contract, due to some action or inaction by the District, making
				performance by the contracting entity impossible or beyond the contracting
				entity's control.
(5) "Material
				Breach": any substantial, unexcused non-performance. The breach is either
				failing to perform an act that is an important part of the transaction or
				performing an act inconsistent with the terms and conditions of the
				contract.
(6) "Statement of No
				Suspension": a document that all contracting entities shall sign at the time of
				bid or proposal submission to the District, affirming that the contracting
				entities and proposed subcontractors or subconsultants are not presently on the
				District's Temporary or Permanent Suspension List and that the District shall
				be notified of any changed circumstances prior to contract award. The
				"Statement of No Suspension" is Form No. 1112, "Statement of No Suspension",
				4-1-03, which is hereby incorporated by reference. This form will be attached
				to all District solicitations. This form can also be accessed on the District's
				website at
www.SFWMD.gov
, Procurement and
				Contracts, overview.
(7) "Obligor":
				an entity that has promised or is otherwise legally obligated to perform an act
				or deed for the benefit of a third party beneficiary. Obligors to the District
				include but are not limited to insurance companies and surety
				companies.
(8) "Principal(s)": for
				purposes of this rule, a sole proprietor, partner, owner, officer or director
				of the contracting entity that breached a District contract.
(9) "Re-Procurement Costs": the total amount
				of additional expense, over and above the contract price, which may include
				attorney's fees, that the District will incur in order to obtain substitute
				goods or services from another contracting entity to complete a requirement
				that can no longer be performed by the contracting entity that materially
				breached a District contract.
(10)
				"Suspension Notice": a letter from the District to the contracting entity
				stating that the District will temporarily or permanently bar a contracting
				entity from doing business with the District because the contracting entity has
				materially breached its contract with the District. The letter also shall
				inform the contracting entity that its principals shall not attempt to do
				business with the District under a different name or form a new legal entity in
				order to do business with the District while the principals of the contracting
				entity remain on the Suspension List.
(11) "Suspension List": a list of contracting
				entities maintained by the District that are temporarily or permanently barred
				from doing business with the District.
(12) "Termination for Default Notice": a
				letter from the District to the contracting entity stating that the contracting
				entity is in default for failing to cure the material breach within the thirty
				(30) day timeframe referenced in the Cure Notice. The letter also shall state
				that the District's Governing Board shall determine whether the contracting
				entity should be placed on the District's Temporary or Permanent Suspension
				List.
(13) "Third Party
				Beneficiary": for purposes of this rule, whenever the District is the intended
				beneficiary of a contract but is not a party to the
				contract.
Rulemaking Authority
					 373.610 FS. Law Implemented
					 373.610
					 FS.
New 4-1-03.