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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT <br />750-010-22 <br />TRAFFIC <br />OPERATIONS <br />04/15 <br />Page 3 of 5 <br />9. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings <br />and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. <br />Maintaining Agencies may provide this information electronically. <br />10. The Maintaining Agency and the Department shall update Exhibit A on an annual basis which Exhibit A is attached to and <br />incorporated in this Agreement. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are <br />within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency and those that are <br />maintained but not included for compensation. No changes or modifications may be made to Exhibit A during the Department's <br />fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year must be maintained <br />and operated by the Maintaining Agency upon the Department's final acceptance as stated in paragraph 2. The Maintaining <br />Agency and the Department shall update Exhibit A preceding each Department's fiscal year, which will include all new <br />Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. Exhibit <br />A will need to be incorporated into this Agreement by an amendment to this Agreement each time Exhibit A is updated. The <br />Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after <br />the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has <br />been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department <br />certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will <br />be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the <br />information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this <br />Agreement. <br />11. Payment will be made in accordance with Section 215.422, Florida Statutes. <br />12. There shall be no reimbursement for travel expenses under this Agreement. <br />13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and <br />post -audit thereof. <br />14. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take <br />no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to <br />the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or <br />the goods or services are received, inspected and approved. <br />15. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section <br />55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest <br />penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to <br />a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice <br />payment requirements do not start until a properly completed invoice is provided to the Department. <br />16. 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 or vendors who may be experiencing problems in obtaining timely payment(s) from a state <br />agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1- <br />877-693-5236. <br />17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the <br />Department at all times during the period of this Agreement and for three (3) years after final payment is made. Copies of these <br />documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining <br />Agency's general accounting records and the project records, together with supporting documents and records, of the contractor <br />and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered <br />necessary by the Department for a proper audit of costs. <br />18. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions <br />of Section 339.135(6)(a), F.S., are hereby incorporated: <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 />