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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010.22
<br />ATTACHMENT 1 TRAFFIC
<br />OPERATIONS
<br />REVISED TERMS AND CONDITIONS FOR THE 06'16
<br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 4 of 6
<br />"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
<br />which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
<br />expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
<br />null and void, and no money may be paid on such contract. The Department shall require a statement from
<br />the Comptroller of the Department that such funds are available prior to entering into any such contract or
<br />other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for
<br />periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to
<br />be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
<br />verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have
<br />a term for a period of more than 1 year."
<br />23. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the
<br />Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's
<br />Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year.
<br />Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received.
<br />The Department will notify the Maintaining Agency, in writing, when funds are available.
<br />24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor
<br />List may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
<br />with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property
<br />to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant
<br />under a contract with any public entity, and may not transact business with any public entity.
<br />25. 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
<br />entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public
<br />entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
<br />public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,
<br />Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted
<br />vendor list.
<br />26. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by
<br />the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public
<br />building or public work on a contract with the Maintaining Agency.
<br />27. 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 will be cause for
<br />unilateral cancellation of this Agreement.
<br />28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state
<br />agency.
<br />29. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of
<br />this Agreement and all federal, state, and local laws and regulations applicable to this Project.
<br />30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be
<br />shared with the Maintaining Agency and will 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 has 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, suspend funds, or
<br />terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such
<br />time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds. or
<br />termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement.
<br />31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the
<br />Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following:
<br />a. Critical Detection device malfunctions: Critical Detection devices include the detectors on side -streets and in left turn
<br />lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side -street and main street left turn
<br />detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery.
<br />The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times.
<br />At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation
<br />within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical
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