939-State Highway Lighting STATE OF FLORIOA 13EPARTMI~NT OF TRANSPORTATION :-?~,'n ev'3 710-G10=30.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT ~ H t~ ~
~....~,~/'2 >X, da ~P' --- ,,,2'~> ~ 2,-.--ray and between the
THIS AGREEMENT, entered into th~ g~n~'~r~ year of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI ferred to as the "FDOT". and
C i ty of Sanford , herema~er referred to as the "MAINTAINING
AGENCY'';
WITNESSETH:
WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance
and operation of lighting on the State Highway System, and the FDOT is authorized under Sections 334.044. Rohda Statutes and
335055. Florida Statutes to enter into this Agreement; and
WHEREAS. the MAINTAINING AGENCY has authonzed its unders~gned officers to enter into and execute this Agreement,
and has designated the officer(s) authonzed to receive and respond to the FDOT's work orders:
:
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained heroin. the FDOT and the
MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State 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 term 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 the 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.
0. tn maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, propedy 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 onginal 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 pads installed as part of the Facilities), and locating (both vertically
and horizontally) the Facilities, as may be necessary.
;:.All maintenance shall be in accordance with the provisions of tile 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 pad of an FDOT project, the MAINTAINING AGENCY's obligation to maintain shall
commence upon the MAINTAINING AGENCY's receipt of notification from the FDOT that the FDOT has finally
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.
Pa~llof 5
STATE OF F~,C)f~OA OE~ARTMF..NT OF ~AT1C~
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION u.,,.
AGREEMENT
e. The continuing obligations under this paragraph I beyond the first fiscae year hereof are sub~ec~ to the voluntary
negotiation of the amount to be pa~d as set forth in subparagraph 2b hereof
2. Compensation and Payment
a. The FDOl' agrees to pay to the MAINTAINING AGENCY a lump sum of $ 'J 0 ~ 950 . 00 for the fL~at year
in which Ibis Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT's fiscal year).
b. For each future fiscal year, the FDOT and the MAINTAINING AGENCY shall agree on the amount to be paid
pnor to the ftscat year beginning. The FDOT will issue a work order confirming the amount and auiborizing
the performance of maintenance for each new fiscal year.
c. Invoices may be submitted anytime after May 19~ of the fiscal year in which the services were provided, but
no later than 180 days after the end of said fiscal year. Payment shall be made in one tump sum as provided
inparagraph4hered.
d. Payment shall be made in accordance w~th Section 215.422, Rodda Statutes.
e. Bills for fees or other compensation for services or expenses shatl be sul~mitted in a format acceptable to the
FDOT and in detail sufficient for a proper pro-audit and post-audit thereof.
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 the FDOT.
Records shall be maintained and made available upon request to the FDOT at all times during the penod 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 shaft be furnished to the FDOT upon request.
4, invoicing
Upon receipt, the FDOT has five (5) working days to inspect and approve the goods and services. The FDOT has twenty
(20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. 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 estabfished pursuant to Section
215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY.
roterest penalties of less than one (1) dollar shall not be enforced unless the MAINTAINING AGENCY requests payment.
Invoices retumed 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 the
FDOT. -
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for contractors/vendors who may be expenencing problems in obtaining timely payment(s)
from a state agency The Vendor Ombudsman may be contacted at ,(850) 410-9724 or by caHincj the State Comptrollers
Hotline, 1-800-848-3792.r,,
The State of Ftonda's performance and obfigation 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), Fiorida Statutes. are hereby incorporated:
The FDOT, during any f]scaj year, shaii not expend money, incur any liability, or enter Into any contract which, by its
STATE OF FLORIOA DEPARTMENT OF I'I~N~S~TATIO~ corm NO 71~.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION ~'~
AGREEMENT
terms, ~nvolves the expenditure of money ~n ex~ss of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or wn~en, ma~e in violation of this subsection shah be null and vo~a, and no money
may ~e paid on such contract. The FDOT shall require a statement from the ComptroE~er of the FDOT that ~nds are
availabie pnor to enterrig into any such contract or other binding ~mmitment of funds. Nothing herera ~n~ined shall
prevent the making of contracts for periods exceeding one (1) year, bue any ~ntract so mace shaie be executo~ only
for the value of the se~i~s to be rendered or agre~ to be paid for in succeeding fiscal yearn, anO this pa~gmph shall
be inco~omt~ vedatim in all contracts of the FDOT whi~ am for an amount in ex~ss of $25,000 and ~i~ have a
te~ for a pen~ of mm ~an one (1) year.
~e FDOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
5 Default
tn the event ~at the M~NTAINING AGENCY breaches any proviseon of this Agreement, then an addition to any other
~emedies wh~ are ~he~ise provided for in this Agreement, the FDOT may exercise one or more of the following
options, provided ~at at no time shall the FDOT be entiUed te re~ive douDle re~ve~ of damages:
a. Pu~ue a ~aim for damages suffered by ~e F~T or ~e public,
b. Pu~ue any other remedies legally available.
c. As to any work not peffo~ed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractore and seek reimbursement for the cost ther~f from the MAINTAINING AGENCY if ~e
MAINTAINING AGENCY fails to cure the non-peffo~an~ within foudeen (14) days after wd~en no~ ~
the FDOT of the non-peffo~ance; provided, however, that advan~ notice and cure shall not be pr~ndffions
in the event of an emergency.
6. Indemnification
The MAINTAINING AGENCY. to the extent allowed by Section 768.28, Ftodda Statutes, shall indemni~, defend,
save, and hold harmless, the S~ate, the FDOT, and all of their officers. agents, and employees from all suits.
actions. claims, demands. and liabilities of any nature whatsoever adsing out of, bemuse of, or due to breach of this
Agreement by ~e MAINTAINING AGENCY, its subcontractors. agents. or employees or due to any act or
occuffence of omission or commission of the M~NT~NING AGENCY. its subcontractom. agents. or employees.
7. Force Majeure
Neither the MAiNTAINiNG AGENCY nor the FDOT shall be liable to the other for any failure to perform under th~s
Agreement to the e~ent such pe~ormance is prevented by an act of God. war, riots. natural catastrophe, or other
event beyond the ~ntro~ of the non-peffo~ing pa~ and which could not have ~en avoided or overcome by the
exercise of due diligence; provided that the pady claiming the excuse from performance has (a) promptJy notified the
other pa~y of the occuffence and its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the e~ent possible, and (c) resumed pe~o~ance as soon as possible.
8. Miscellaneous
a. ~e FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274Ate)
of the Immigration and Nationaiity Act. If the contractor knowingly employs unauthorized aliens, such violation
shall be cause for unilateral cancellation of this Agreement.
b. ~e MAINTAINING AGENCY shall allow public access to al~ documents, papers, ~etters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING
AGENCY ~n conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such pubtic
TATE ~,F ;LORIDA OEPARTMENET OF TP, AHSPORTATtON -
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
~ev 5-02
AGREEMENT
access shall be grounds for immedate unilateral cancellabon of thin Agreement by the FDOT.
'his Agreement constitutes the complete and final expressIon of the pames with respect to the subject matter
qereof and supersedes aft pnor agreements. understandings, or negotiations w~h respect thereto.
"his Agreement shall be governea by the laws of the State of Flonda. Any prowsion hereof found to be unlawful or
Jnenforceable shall be severable and shall not affect the validity of the remaining provisions hereof.
'ime ~s of the essence an the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
:tansmission, hand delivery. or express mall and shall be deemed to have been received by the end of five (5)
3usiness days from the proper sending thereof unless proof of pnor actual receipt is provided. The
MAINTAINING AGENCY shaft have a continuing obligation to notify each Distnct of the FDOT of the
appropriate persons for notices to be sent pursuant to this Agreemen[. Unless otherwise notified in wdting,
~.otices shall be sent to the following addresses:
MAINTAINING AGENCY'
City of Sanford
P. O. Box 1788
Sanford, FL 32772-1788
FDOT:
District Maintenance En_qineer
719 S. Woodland Blvd
DeLand, FL 32720
PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor lis! follow:rig a conv{ction for a public entity cnme 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 threshbid
amount provided in Section 287.0t7. Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months
from the date of being placed on the convicted vendor list.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Did on a contract to
prowde any goods or services to a public entity, may not submit a bid on a contract ~th a public entity for the
construction or repair of a public bufiding or public work, may not submit bids on leases ot' real property to a public
entity.. may not be awarded or pedorm work as a contractor. supplier. subcontractor. or consultant under a
contract with any public entity. and may not transact business with any public entity
Nothing herera shall be construed as a ',vatvet of either pany's sovereign ~mmunlty,
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~, TATE OF FLORIOA OEPARTMENTOF 'TRAJ4,SPORT~.T;Ot4 :orm NO ? 'l~
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
Certification
This document As a pnntout of an FDOT form maintaineel sn an electronfc format and ali rews~ons ~hereto by the
Maintaining Agency ~n Ihe form of additions. deletions or substitutions are reflected only ~n an Appendix entil~ed
'Changes To Form Document" anel no change is made in the text of the document itself. Hand no~liofis 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
~hat no change has been maele 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 foflowfng applies:
No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
O No changes nave been made to this Form Document. but changes are included on me attacned Appendix
entilied "Changes to Forms Document."
IN WITNESS WHEREOF. the parties nereto nave executed this Agreement effective the aay and year first wdtten.
BY: (Signature) DATE:. ~
{Typed Name: Tony )
(Typed Title: City Manager )
Recommend Approval by the District
(Typed Title:*" ' Dis~ic~ Director of_OP'era~ons ) :-
tTyped Name: __ Tim Lau_b~ch )
;'a~eSol 5