www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 21, 2016
June 21, 2016 - Regular Meeting
Agenda Item #38


Subject
FY16/17 FDOT Highway Lighting Maintenance and Compensation Agreement

Briefings
None

Contact and/or Presenter Information

Aaron Burkett, Traffic Operations Division Manager, Ext. 7509

Sage Kamiya, P.E., PTOE, Deputy Director, Traffic Management, Ext. 7425

 



Action Requested
Authorize Chair to execute the Annual Exhibit 'A' of the FDOT Highway Lighting Maintenance and Compensation Agreement with the Florida Department of Transportation for FY 2016-2017.

Enabling/Regulating Authority
Florida Statue, Chapter 125 - County Government

Background Discussion

The Board of County Commissioners executed Resolution R-02-254 that approved an Agreement with the Florida Department of Transportation (FDOT) on September 17, 2002, for the operation and maintenance of the street lights located on State Highways within the unincorporated portions of Manatee County.

The Agreement requires the County to operate and maintain the street lights in compliance with the rules and standards of the FDOT in exchange for compensation to the County by a statewide formula developed by the FDOT.

Each year the FDOT submits a revised Exhibit 'A' to the Agreement that sets forth the number of street lights and the amount of compensation due under the formula for the Board's review and approval.

The revised Exhibit 'A' for the current FY15/16 was approved by the Board during its regular meeting on October 6, 2015, in the amount of $332,220.92

The FY 16/17 compensation is proposed at $344,832.58

 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

This same Exhibit 'A' is in the same form the County and the FDOT have been using to execute since the original Agreement was executed in 2002. The CAO noted several items in the Agreement Exhibit 'A' which they recommended the FDOT correct. Those items include the following:

  • Correct numbered paragraph 1.a of the Agreement to state items included in the Exhibit 'A', not excluded.
  • Update language in numbered paragraph 2.b on page 2 of the Agreement to read the FDOT expressly authorized us to perform the maintenance within this document.
  • Remove the language in Exhibit 'A' about 90% of the total number of lights being reimbursed, since that is not specifically stated in the Agreement.
  • In the Exhibit 'A', replace "Department" with "FDOT".
  • Revise the signature block to conform to the County's typical signature.

Staff shared the CAO's recommendations with the FDOT requesting a response. The FDOT subsequently responded to the CAO's recommendations stating that while they agree with the inconsistencies found in the Agreement and Exhibit 'A', these documents were approved by the FDOT's legal department and are applied district wide.

To avoid risk of not receiving compensation for FY 2016-2017, the FDOT recommends moving forward with executing the current version of the agreement to meet the deadline of June 30, 2016, with the understanding that these changes will be reviewed by the FDOT legal staff and considered for incorporating into the next Agreement and Exhibit 'A'.

Public Works staff have reviewed the revised FY 16/17 Exhibit 'A' provided by the FDOT and recommends authorization for the Chair to execute the revised Exhibit 'A' for the FY 2016-2017 Highway Lighting Maintenance and Compensation Agreement.



Reviewing Attorney
D'Agostino

Instructions to Board Records
Please return 2 partially executed forms to Mary Moeller, Public Works Dept., for transmittal to the FDOT. A fully executed original will be returned to Board Records.

Cost and Funds Source Account Number and Name
$344,832.58 Payment to Manatee County/FDOT to Traffic Operations 101-0020707

Amount and Frequency of Recurring Costs
N/A


Attachment:  FY16-17 Highway Lighting Maintenance & Compensation Agreemnt Exhibit A.pdf
Attachment:  Master Highway Lighting Maintenance & Compensation Agreement.pdf
Attachment:  Response to CAO Matter No 2016-0513.pdf