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

to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has ( a) promptly notified the other party of the occurrence and its estimate duration, ( b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and ( c) resumed performance as soon as possible. 7. Miscellaneous a. FOOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by FOOT. C. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first Gass United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five ( 5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of FOOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: MAINTAINING AGENCY: FOOT: rtment of Transportation Splay, ction wa 90 32428 PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 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 to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six ( 36) months from the date of being placed on the convicted vendor list.  luawaa 6y 6ug46! l lOOd Z V L LOZ Ad : S6ZL) ZL- L l Ad luawaa 6y Bugy61T Aemy6! H lOOd :luawyaellV e Flofi eSWWes: iLML tO 334 44 OGC GC 1 a 335. 055 Ppai d g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on u contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public amity for the construction or repair of a public building or public work, may not submit bids leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. h. Nothing herein shall be construed as a waiver of either party's sovereign immunity. 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions or substitutions are reflected only in an Appendix entitled " Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this Document except through the terms of the Appendix entitled "Changes to Form Document" You MUST signify by selecting or checking which of the following applies: No changes have been made to this Forms Document and no Appendix entitled " Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled " Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: ( Signature) DATE: Typed Name: Typed Title: I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ( Signature) DATE: _ Typed Name: Tim Smith 1 Typed Title: District Utilities Engineer 1 FDOT Legal Review DATE: BY: ( Signature) Counsel Typed Name: Heather Lane )  fuawaa36y 6uggBll IOOd Zl,- ttOZ Ad a S6ZO Zl- 41, Ad luawaa36y 6uR4611 AUM451H IOOd :luawyoegy m wom m umn 334,0 aawres: 334011 O P'.pe 5 d 335, 055 Y Exhibit A am Systems listed below are excluded from this Agreement: 1. 2. 3. 4. 5.  luawasi6y 6ugy61l load Ztttoz d : 96Z7) Zt- lt Ad luawaaJ6tl 6ug 6 Re wy61H load auawyoetl ( 0 -0t b 334.0 erelules: - 335. 000 GGC - t d c 1 Pya6 335055 Y EXHIBIT B lui STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT 1. 0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and Method by which payments will be made. 2. 0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum as indicated in Section 2 of the Agreement. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each Fiscal Year is calculated by taking all of the actual number of qualifying lights times 90% times the FY Unit Rate. Example: 330 lights x 0. 90 x $ 179. 11 = $ 53, 195. 67 FY 10 -11 $ 190. 01 11 - 12 $ 195. 71 12 -13 $ 201. 58 Beginning FY 12 -13, the Unit Rate for each fiscal year will be 3% more than the Unit Rate from the previous fiscal year, unless otherwise specified in an amendment to this Agreement or changed through an update of this exhibit.  luamseAV Bu14461l 1OOd ZV MZ Ad : S6Z O Z V-L Ad luamaa36y Bu114611 AUM461H 1OOd : 1uam4ae11y e n Florida SfaaAaa 33a aaa 335.055 7iacc- JrL.oai.wE3d Page 7 of 7