** Background Information:
The County’s 2023 proposed Bayway S Maintenance Agreement between TVCA and the County
expanded the scope of responsibilities imposed on TVCA to include the TVCA must
indemnify/defend/hold harmless the County and FDOT except for claims arising from County’s
or FDOT’s sole negligence. The previous 2006 Agreement relieved TVCA from liability
for any claim arising from the County’s or FDOT’s negligence sole or joint (paraphrasing). The
County and FDOT have Statutory limitations on their liability risk, but the TVCA does not.
Before last fall’s termination, the TVCA expenditures to maintain the Bayway S Median
exceeded $103K per year. The cost to irrigate included an additional $20-30K per year.
The total cost for the TVCA to maintain a state-owned road exceeded 15 % of the total
TVCA budget. The cost at the time of the original 2006 Agreement between TVCA and
Pinellas County was less than $10,000 per year.
Since 2018 Pinellas County had contributed $18K per year to the TVCA as the cost to
maintain the Bayway continued to increase.
The County’s proposed 2023 Maintenance Agreement initially offered to contribute “up
to” $21K per year if irrigation remained the TVCA’s responsibility. When there was a
negotiated agreement among all parties (including FDOT) to remove the irrigation
responsibility, the County eliminated all County funding from its 2023 proposed
Agreement.
The County’s proposed 2023 Maintenance Agreement included the requirement that the
TVCA must pay all future costs of landscape damages to the Bayway S. Such potential
repair costs could be unlimited due to the elimination of Bayway breakdown lanes as part
of the FDOT/ Pinellas County ‘Cycle Track’ project. Elimination of the breakdown lanes
has led to continuous parking and further damage to the median.
The County’s proposed 2023 Maintenance Agreement stated if either the County or the
TVCA terminates the Agreement, the TVCA – not the County or FDOT – must incur the
cost to restore the median to its pre-existing condition within 45 days of receipt of
termination notice. The 2006 Agreement required TVCA to only restore the area to the
‘same safe’ condition within 60 days of receipt of termination notice.
The TVCA fulfilled its 60 days termination requirement and returned the median to its
“same safe” condition, which Pinellas County has acknowledged.
The TVCA communicated with Pinellas County our displeasure that the County is not
abiding by its 2017 Agreement with FDOT
The TVCA has also directly communicated with FDOT to request their enforcing its 2017
Agreement with Pinellas County.