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<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
<br />750-010-22
<br />TRAFFIC OPERATIONS
<br />4/14
<br />Page 3of6
<br />The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
<br />and approved.
<br />12. If a payment is not available within forty (40) days a separate interest penalty at a rate as established pursuant to Section
<br />215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of
<br />less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment Invoices returned to a Maintaining
<br />Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do
<br />not start until a properly completed invoice is provided to the Department.
<br />13. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include
<br />acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency
<br />The Vendor Ombudsman may be contacted at (850) 413-5516.
<br />14. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
<br />goods or services to a public entity, may not submit 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 of real property to a public entity, may not be awarded or perform work as a
<br />contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
<br />business with any public entity.
<br />15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
<br />submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity for
<br />the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
<br />be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
<br />transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
<br />CATEGORY TWO for a period of thirty-six (36) months from the date of being placed. on the convicted vendor list.
<br />16. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the
<br />Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral
<br />cancellation of this Agreement.
<br />17. The State of Flonda's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by
<br />the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions
<br />of Section 339.135(6)(a), Flonda Statutes, are hereby incorporated:
<br />(a) The Department during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
<br />terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
<br />fiscal year. Any contract, verbal or written made in violation of this subsection shall be null and void and no money may
<br />be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds
<br />are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained
<br />shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only
<br />for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
<br />be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have
<br />a term for a period of more than one year.
<br />18. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will
<br />be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement
<br />termination, or renewal If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations
<br />specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a
<br />requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic
<br />Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the
<br />Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and
<br />conditions of this Agreement.
<br />19. The Department intends to monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The
<br />Maintaining Agency is required to submit an annual Report on April 1 of each year detailing the following:
<br />a. Detection device malfunctions shall be repaired or restored within sixty (60) days of discovery and such events shall be
<br />logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why.
<br />Discovery of such events shall be logged into the annual report
<br />b. All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within
<br />a twelve (12) month period. At a minimum, minor preventative maintenance inspection includes verification that all detection is
<br />working, the signal is cycling properly, the ventilation system is functioning and filters are clean. The inspection report should
<br />note the location, date of inspection and any items noted
<br />20 The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but
<br />not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems
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