Fort Walton Beach Council agenda — 06-14-11 regular — reading text

Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the " Facilities," throughout its expected useful life. For the purposes of this Agreement, the tens Facilities shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT, but shall exclude those systems listed in Exhibit " A" attached hereto and by this reference made a part hereof, and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type ( ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities ( including the poles and any and all other component parts installed as part of the Facilities), and locating ( both vertically and horizontally) the Facilities, as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: 1) Manual of Uniform Traffic Control Devices; and, 2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of an FDOT project, the MAINTAINING AGENCY' s obligation to maintain shall commence upon the MAINTAINING AGENCY's receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of FDOT' s contractor. Prior to any acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifcations/corrections to the installation( s) and FDOT agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both FDOT and the MAINTAINING AGENCY e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary negotiation of the amount to be paid as set forth in subparagraph 2b hereof. Compensation and Payment for the a. FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 76,093.00 _  luawaa,113y 6ug4611100d ZVlI0Z Ad : 96Zl) n-ll Ad 1uGW8aJ5V 6u114611 Rem461H 1004 qu0w40elly W r10a1 b UFRRI yj FIodw SWute5: m 3M. W ow -10 d 335055 PW. m fiscal year in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT n n fiscal year). Payments will be made in accordance with Exhibit B. b. For each future fiscal year, FDOT and the MAINTAINING AGENCY shall agree on the amount to be pa prior to the fiscal year beginning. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The Work Order shall be an FDOT signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms " State Highway Lighting, Maintenance, And Compensation Agreement Work Order." The Work Order shall reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, and the lump sum amount to be paid for the fiscal year indicated. The Work Order shall be signed by the MAINTAINING AGENCY and returned to FDOT. No payment will be made on Work Orders which are not properly signed and returned to FDOT prior to performing services. C. Payment shall be made in one annual lump sum as provided in paragraph 4. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records shall be kept in a format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three ( 3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT yearly in an acceptable format. Invoices may be submitted between May 1 to June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five ( 5) working days to inspect and approve the goods and services. FDOT has twenty 20) days to deliver a request for payment ( voucher) to the Department of Financial Services. The twenty ( 20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one ( 1) dollar shall not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at ( 850) 410 -9724 or by calling the Chief Financial Officer's Hotline, 1- 800 -848 -3792. The State of Florida' s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one ( 1) year, the provisions of Section 339. 135(6)( a), Florida Statutes, are hereby incorporated: FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one ( 1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of I which are for an amount in excess of $ 25,000 and which have a term for a period of more than one (1) year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time shall FDOT be entitled to receive double recovery of damages:  ryawaew6Y Sul 4611100d Zt-ti3OZ Ad : S6Zt) Zt- 14 Ad luawaw6Y 6u114611 Remg611-1 IOGd quawgoeliYwont n etute5: VIILR U4. 3 M055 335" 0554 aGC P+9e- 0t d Y Pursue a claim for damages suffered by FOOT or the public. a. am b. Pursue any other remedies legally available. C. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY falls to cure the non -performance within fourteen ( 14) days after written notice from FOOT of the non -performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. 6. Force Majeure Neither the MAINTAINING AGENCY nor FOOT shall be liable to the other for any failure