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R26-167
RESOLUTION NO. R26-167 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A STATE HIGHWAY UGHTING 3 MAINTENANCE, AND COMPENSATION AGREEMENT AND A 4 MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF 6 TRANSPORTATION ("FDOT") FOR MAINTENANCE OF HIGHWAY, FLORIDA 7 POWER & LIGHT, AND DECORATIVE UGHTING FACILITIES LOCATED 8 WITHIN FDOT RIGHTS-OF-WAY WITHIN THE CITY OF BOYNTON BEACH; 9 AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to 12 enter into these agreements, and the City of Boynton Beach (the "City") has the authority to enter 13 into these agreements and to undertake the maintenance and operation of lighting on the State 14 Highway System within its jurisdictional boundaries; and 15 WHEREAS, FDOT and the City desire to enter into a State Highway Lighting, Maintenance, 16 and Compensation Agreement (Contract No. ASM68; Financial Project No. 405121-6-78-01), for 17 a term of seven (7) years, under which the City, as the Maintaining Agency, will maintain the 18 lighting facilities identified in Exhibit A thereto and FDOT will compensate the City in the sum of 19 $172,041.79 for the fiscal year in which the Agreement is signed, subject to annual adjustment as 20 provided therein; and 21 WHEREAS, FDOT and the City also desire to enter into a companion Maintenance 22 Memorandum of Agreement under which the City will maintain existing and to-be-installed 23 Florida Power & Light ("FPL") and FDOT decorative or non-standard lighting located within FDOT 24 rights-of-way throughout the City's jurisdictional boundaries; and 25 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 26 the best interests of the citizens and residents of the City to approve the proposed agreements 27 between the City of Boynton Beach and the State of Florida Department of Transportation. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve the proposed Maintenance Memorandum of Agreement between the City of Boynton RESOLUTION NO. R26-167 34 Beach and the State of Florida Department of Transportation attached hereto as Exhibit A, and 35 the proposed State Highway Lighting, Maintenance, and Compensation Agreement attached 36 hereto as Exhibit B (collectively, the "Agreements"). 37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute the Agreements. The Mayor is further authorized to execute any 39 ancillary documents required under the Agreements or necessary to accomplish the purposes of 40 the Agreements, including any term extensions as provided in the Agreements, provided such 41 documents do not modify the financial terms or material terms. 42 SECTION 4. The Mayor-executed Agreements shall be forwarded to Jae Eun Kim to 43 obtain execution of the Agreements by FDOT. Jae Eun Kim shall be responsible for ensuring that 44 one fully executed original of each Agreement is returned to the City, to be provided to the Office 45 of the City Attorney for forwarding to the City Clerk for retention as a public record. 46 SECTION 5. This Resolution shall take effect in accordance with the law. 47 48 [SIGNATURES ON THE FOLLOWING PAGE] RESOLUTION NO. R26-167 49 PASSED AND ADOPTED this ) (p_day of- eylte rrNht2 ti- , 2026. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 Mayor- Rebecca Shelton 53 54 Vice Mayor-Thomas Turkin ✓ 55 56 Commissioner-Angela Cruz ✓ 57 58 Commissioner- Mack McCray ✓ 59 60 Commissioner-Aimee Kelley ✓ 61 62 VOTE 6 -o 63 ATTEST: 64117 652 �(py� 66 Tammy Stanz' ne v Rebecca Shelton 67 City Clerk Mayor 68 =gOYNTO� 69 6006;/4•://A APPROVED AS TO FORM: 70 (Corporate Seal) 1,,V(' •�F` 71 SEAL . 72 : INCORPORATED: AAA 73 1920 , ' C Shawna G. Lamb 74 11` FCORIDP_ City Attorney 75 `...... Docusign Envelope ID 2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 MAINTENANCE MEMORANDUM OF AGREEMENT 10/07/2026 15:26 PM EDT THIS AGREEMENT made and entered into this date , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component Agency of the State of Florida, hereinafter called the DEPARTMENT, and THE CITY OF BOYNTON BEACH a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Roads; and WHEREAS, the DEPARTMENT seeks to have certain lighting improvements maintained by the AGENCY through extant agreement with Utility Agency Owner (UAO), a Florida corporation, hereinafter referred to as FPL; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain State Roads within the limits of the AGENCY; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain—or have maintained through contract with third parties—all existing and to-be-installed FPL lighting throughout the jurisdictional boundaries of the AGENCY within the DEPARTMENT'S Right-of-Way; WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS the AGENCY by Resolution Number '-\)l a(p - \(,).-1 entered this date / , attached hereto and by this reference made a part hereof, desires to enter i to t is AGREEMENT and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. RECITALS The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 FPL shall construct under any FPL Agreement/Permit/Project Number("the IMPROVEMENTS") as detailed in Exhibit A and Exhibit B that will benefit the AGENCY. The AGENCY agrees to maintain—or have maintained—the IMPROVEMENTS, as described listed below: A. The IMPROVEMENTS shall comply with the laws and regulations relating to the Americans with Disabilities Act of 1990, as currently enacted or as may be amended from time to time ("ADA"). B. The AGENCY shall be invited to assist the DEPARTMENT in final inspection before acceptance of the IMPROVEMENTS by the DEPARTMENT. C. The AGENCY must maintain—or have maintained—the IMPROVEMENTS within the limits of the AGENCY. D. All activities, including the IMPROVEMENTS installation and future maintenance operations performed on State highway right of way, shall be in conformity with the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and FDOT Traffic Control through Work Zones, and the most current edition of FDOT Standard Plans for Highway Lighting Systems as well as applicable requirements from the FDOT Design Manual (FDM) shall be adhered to 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the IMPROVEMENTS to be installed under a n y FPL Agreement/Permit/Project Number within its jurisdiction. Maintenance by the AGENCY—or by contracted third party—will include but not be limited to inspection, repair, restoration, replacement, coating, and general maintenance of light poles and associated facilities within the AGENCY'S jurisdiction. This includes UAO light poles installed along State Roads within the boundaries of the AGENCY. This maintenance AGREEMENT will apply to all existing and proposed FPL and F D 0 T Decorative or non-standard lights already installed within the limits of the AGENCY. 1) The AGENCY agrees to maintain, at its sole cost and expense, the IMPROVEMENTS in compliance with any and all applicable laws which shall include, but not be limited to, laws and regulations relating to the Americans with Disabilities Act("ADA") of 1990, as currently enacted or as may be amended from time to time. 2) The IMPROVEMENTS shall be kept clean and free from trash and debris. The IMPROVEMENTS shall be kept free of graffiti. The IMPROVEMENTS shall be free of pests such as stinging insects, rodents, and vermin, including the removal of nests as needed. 3) As part of the maintenance responsibility, the AGENCY shall keep—or have kept—in good repair and replace all defective or worn-out parts of the IMPROVEMENTS. The Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 AGENCY'S responsibility to keep the IMPROVEMENTS in good repair shall include all necessary inspection, maintenance, repair, and replacement of any type or nature, including, but not limited to maintenance, repair, coating replacement, and replacement due to normal wear and tear caused by a named storm event,acts of God, vandalism, and accidents. The AGENCY shall take all necessary steps to maintain the IMPROVEMENTS in such a manner as to protect against injury to any person or property. 4) The AGENCY shall perform—or have yc, --all activities necessary to keep the IMPROVEMENTS fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of God. 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, and replacement of any component parts of the IMPROVEMENTS, as may be necessary. 5) The above-named functions to be performed by the AGENCY—or have performed— may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding reworking, or relating to the maintenance obligation and function thereof, or AGREEMENT termination. 6) The AGENCY shall be solely responsible for any damages to surrounding property, real estate, vehicles, pedestrians, or other assets occurring as a result of maintenance and operation of the IMPROVEMENTS, in each case to the extent permitted by, and subject to the limitations of, section 768.28, Florida Statutes, and shall repair–or have repaired-such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT, as per the requirements in Exhibit B AGENCY AERIAL LIGHTING MAP). 7) The AGENCY shall be responsible for maintaining—or have maintained—the light pole structures and associated electrical components. The AGENCY shall have the structure replaced if destroyed in an accident by third parties. The DEPARTMENT expressly assigns its rights, interests and privileges pertaining to said IMPROVEMENTS' damage to the AGENCY, so that the AGENCY can pursue all claims and causes of actions against third parties responsible for the damage. The DEPARTMENT will assist the AGENCY as necessary and will confirm the AGENCY'S authorization to pursue recovery. The AGENCY will be responsible for all attorneys' fees and costs incurred in its recovery activities. The AGENCY shall not file suit in the name of the DEPARTMENT. B. The AGENCY shall indemnify the DEPARTMENT to the extent permitted by, and subject to the limitations of, section 768.28, Florida Statutes and without waiver of the AGENCY's sovereign immunity, for any and all costs or expenses incurred by the DEPARTMENT for the AGENCY'S failure to comply with all ADA Laws existing and as may be amended. Costs and expenses shall include the costs to make facilities ADA compliant, attorney's fees and costs and any judgments. Adjacent sidewalk areas shall be accessible at all Docusign Envelope ID 2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 times. If sidewalk closures are needed, alternate routes shall be clearly identified, and any missing sidewalk shall be restored either with permanent or temporary materials at the end of each workday. C. All IMPROVEMENTS shall at all times have notification signs posted with the name and phone number of the department within the AGENCY responsible for maintenance of the IMPROVEMENTS so that the AGENCY can be contacted regarding problems with the IMPROVEMENTS. The AGENCY shall promptly respond to and correct all complaints regarding maintenance of the IMPROVEMENTS. The IMPROVEMENTS shall not contain advertising; nor shall the AGENCY allow any advertising to be placed upon the IMPROVEMENTS in the future. D. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT and any amendments hereafter) and all costs related thereto: (a) FDOT Design Manual (FDM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, (d) FDOT Standard Plans for Roadway Construction, (e) Manual on Uniform Traffic Control Devices (MUTCD), and (f) all other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. In the event of a conflict between documents, standards, and procedures the more stringent shall apply. E. Any work impacting traffic flow as a consequence of maintenance of the IMPROVEMENTS must be coordinated with the DEPARTMENT. Lane closures must be submitted for approval in accordance with DEPARTMENT procedures and policies and will meet the goals established in the DEPARTMENT'S Open Roads Policy. 4. NOTICE OF MAINTENANCE DEFICIENCIES 1) If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the AGENCY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may issue a written notice, that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, in care of the [RELEVANT OFFICE OR OFFICIAL WITHIN THE AGENCY] to place the AGENCY on notice regarding its maintenance deficiencies. Thereafter, the AGENCY shall have a period of sixty (60) days within which to have corrected the citied deficiency or deficiencies. If said deficiencies are not corrected within the time period, the DEPARTMENT may, at its option, proceed to withhold the inventory number of light pole count from the existing compensation agreement until repairs are made. Docusign Envelope ID.2564BD61-07EA-8271-80EF-168BC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the IMPROVEMENTS covered by this AGREEMENT may be required to be, relocated, or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order for an adjacent state road to be widened, altered, or otherwise changed to meet with the future criteria or planning of the DEPARTMENT. Where such relocation or adjustment is required for a DEPARTMENT roadway project, the relocation shall be governed by section 337.403, Florida Statutes, and the DEPARTMENT's Utility Accommodation Manual, and the allocation of relocation costs shall be determined in accordance therewith. 6. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct—or have constructed—additional IMPROVEMENTS within the limits of the right of ways identified as a result of this document subject to the following conditions: 1) Plans for any new IMPROVEMENTS shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without prior written approval by the DEPARTMENT. 2) The AGENCY shall procure a permit and/or Construction AGREEMENT from the DEPARTMENT, as appropriate. 3) All IMPROVEMENTS shall be developed and implemented in accordance with appropriate State of Florida safety and roadway design standards. 4) The AGENCY agrees to comply with the requirements of this AGREEMENT regarding any additional IMPROVEMENTS installed at no cost to the DEPARTMENT. 7. AGREEMENT TERMINATION This AGREEMENT may be terminated under any one (1)of the following conditions: 1) By the DEPARTMENT, if the AGENCY fails to perform its duties under this AGREEMENT,following thirty(30)days written notice. The AGENCY shall reimburse the DEPARTMENT for any expenditure for the installation, relocation, or removal of said IMPROVEMENTS. 2) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes that is made or received by the AGENCY in conjunction with this AGREEMENT. 3) By the DEPARTMENT with a written notice. 8. AGREEMENT TERM Docusign Envelope ID.25648D61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 The term of this AGREEMENT commences upon execution by all parties of this agreement. The term of this AGREEMENT shall remain in effect for as long as the IMPROVEMENTS exist. The AGENCY is required to renew all of their Agreement(s) with FPL pertaining to lighting within the DEPARTMENT'S Right-of-Way in perpetuity, or alert the DEPARTMENT two (2) years prior to any such Agreement's termination so that the DEPARTMENT may program and install standard conventional lighting, or work with the DEPARTMENT for the DEPARTMENT to assume the account ownership of the existing FPL lighting system. Failure to alert the DEPARTMENT two (2) years prior to termination of such a lighting agreement between the AGENCY and FPL can result in the termination of the existing State Highway Lighting, Maintenance, and Compensation Agreement between the AGENCY and the DEPARTMENT, and the refusal by the DEPARTMENT to form a new State Highway Lighting, Maintenance, and Compensation Agreement with the AGENCY for a period of two (2)years. 9. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, utility providers, contractors, and/or sub-contractors, such party in any contract for the IMPROVEMENTS shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, sub-consultants, utility providers, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. Governmental Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor shall anything included herein be construed as consent by either Party to be sued by a third party in any matter arising out of this Agreement. Each Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the acts and omissions of its agents or employees to the extent required by applicable law. C. Self-Insurance. The AGENCY is a political subdivision of the State of Florida and maintains a program of self-insurance in accordance with section 768.28, Florida Statutes. Such self-insurance shall be deemed to satisfy any insurance requirement under this Agreement. 10. ENTIRE AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby except the Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 State Highway Lighting Maintenance and Compensation Agreement(s) signed between the parties, as amended, as to all other IMPROVEMENTS not specifically mentioned in this Agreement. The streetlights installed and/or maintained under this project will be compensated as streetlights under the State Highway Lighting Maintenance and Compensation Agreement. If the DEPARTMENT and AGENCY fail to agree on the annual lump sum amount to be paid under the State Highway Lighting Maintenance and Compensation Agreement, this Agreement shall supersede that Agreement and the AGENCY agrees to maintain the lights solely under this Agreement. Notwithstanding the foregoing, in the event the parties fail to agree on the annual lump sum amount, the compensation set forth in the most recently executed State Highway Lighting Maintenance and Compensation Agreement between the parties shall remain in effect, and the parties shall continue to negotiate the annual lump sum amount in good faith. 11. EXPENDITURE OF MONEY The DEPARTMENT, 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 is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT 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 the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 12. DISPUTES The DEPARTMENT shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution or fulfillment of the service hereunder and the character, quality, amount, and value thereof; and it's decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 13.ASSIGNMENT This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the prior consent of the DEPARTMENT. SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the least extent necessary to render it valid and enforceable. AMENDMENT. This Agreement may be amended only by a written instrument executed by both Parties. INDEPENDENT AGREEMENTS. This Agreement and the Landscape Maintenance Memorandum of Agreement between the parties under FDOT Permit No. 2024-L-496-00008 Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 are separate and independent agreements. Neither supersedes, modifies, or limits the other, and nothing in either agreement shall be construed to alter the parties' respective rights and obligations under the other. 14. LAWS GOVERNING This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail, the AGENCY agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this AGREEMENT is decided. 15. NOTICES All notices given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: State of Florida Department of Transportation Attention: District Maintenance Engineer 3400 West Commercial Blvd Ft. Lauderdale, FL 33309-3421 If to the AGENCY: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 16. LIST OF EXHIBITS Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 [the balance of this page is intentionally blank] Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. AGENCY: cr y 41,4) n esu, , a municipal Corporation of the State of Fla ida: By: / Date: q I Ikt a-02L City Manager/Mayor Print Name: t'otcr.c, ATTEST: By: ? e ���`Q' faKL, Date: 9 /610?& Clerk Tammy L. Stanzione Print Name: QF BO yiv , VAICO 191•417-k-01-z. Approved as to Form: t • �RfDA By: ,A4602f gm6 Date: 91 i 1 a.o LV City Attorney Print Name: 51,awno, G. L b Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION r DocuSigned by: l" Sign: 1',au,`.ok.e' Rc,rtiu`uL^), P.t. Director of Operations Signing on behalf of: Print Name: Paul A. LamDlev, P.E. Date: 10/07/2026 I 5:26 PM EDT Approval as to Form: :Signed by: Sign: f01 r&it' faana Assistant General Counsel Print Name: Elizabeth S.Quintana 10/06/2026 11:39 PM EDT Date: Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 EXHIBIT A AGENCY LIGHTING MAINTENANCE LIMITS - r Mite Post • Total No.of - Section No. City State Roaa Local Name Remarks From To Poles 93060000 Boynton Beach A1A NOcean Mid 12.700 12.800 4 Little ClubRoedintersection 12.398 16.107(2600 93010000 Boynton Beach 5 Federal Hwy (OULFSTREAM 286 BLOCK) BLVD) ' FPL ACCTS: 110E Boynton Beach BtvdAC92091 Street Light (SL) E Boynton Beach 6.814(KNUTH 93200000 Boynton Beach 804 Blvd. ROAD) 9.01(US-1) 114 100E Boynton Beach BtvdAC13761Streetlight , (SLI 332E Boynton Beach Blvd AC13762Street Light(SL) 93200000 Baynton Beach 804 E Ocean Ave 9.01(US-1) 9.855(A1A) 40 CURRENT IPA(Joint Partner Agreement) --- ---- Totals 444 Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 CONTRACT NO.: ASM68 FM No.(s): 405121-6-78-01 Vendor Number: F596000282004 EXHIBIT B AGENCY AERIAL LIGHTING MAP Foo ; eMaintenance Statewide Data Experience Q QreYew(fdotgcv: ) ( ©Quick Sart Gide e=�'._u:e e ( al Data Extracts .. ) C ®Daily Activity i + 'I • Ex Q i a Binr 6.eerec :•Y7 i leY Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52 STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAINTENANCE ocC-02/21 COMPENSATION AGREEMENT Page 1of8 CONTRACT NO. ASM68 FINANCIAL PROJECT NO. 405121-6-78-01 F.E.I.D. NO. 59-6000282004 10/07/2026 I 5:26 PM EDT THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT", and THE CITY OF BOYNTON BEACH, hereinafter referred to as the"MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and 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 WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as "Facilities", are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS,the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY.Any Facilities added to Exhibit A during the FDOT's fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT's final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT's fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year's Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT's previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT's fiscal year, beginning July 1st and ending June 30th. 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(e.g., high mast, standard, underdeck,and sign)or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not 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. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE OGC—02/21 Page 2 of 8 c. All maintenance must 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 a FDOT project, the MAINTAINING AGENCY's obligation to maintain the Facility commences 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 commences at such time as the lighting system is ready to be energized; provided, however,that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT's contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body)under which the Agency operates.The effective date of the termination will coincide with the end of the FDOT's fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment FDOT shall pay to the MAINTAINING AGENCY a sum of$ 172.041.79 for the fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must 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 must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY's authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys'fees and litigation costs incurred in its recovery activities. Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE OGC-02/21 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic 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 will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than 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, will be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors will 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 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 FDOT which are for an amount in excess of$25,000 and which have a term for a period of more than 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 may FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by FDOT or the public. 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 fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE OGC—02/21 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure 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 estimated 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. FDOT 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 will 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 will be grounds for immediate unilateral cancellation of this Agreement by FDOT. 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. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail, or express mail and will 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 must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6000 I FDOT: Florida Department of Transportation, District 4 District Maintenance Office I 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 f. 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. g. An entity or affiliate who has been placed on the discriminatory vendor list 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. Docusign Envelope ID.2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE OGC-02/21 Page 5 of 8 h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving$1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department's determination of false certification was in error pursuant to Section 287.135(5)(a)of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4)of the Florida Statutes are met. Nothing herein shall be construed as a waiver of either party's sovereign immunity. j. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to FDOT, upon request from FDOT's custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by FDOT Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE O GC—02/21 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 District 6 863-519-2623 305-470-5453 D1prcustodianra dot.state.fl.us D6prcustodian(adot.state.fl.us Florida Department of Transportation Florida Department of Transportation District 1 — Office of General Counsel District 6 — Office of General Counsel 801 N. Broadway 1000 NW 111 Avenue Bartow, FL 33830 Miami, FL 33172-5800 District 2 District 7 386-758-3727 813-975-6491 D2prcustodian(a dot.state.fl.us D7prcustodian(idot.state.fl.us Florida Department of Transportation Florida Department of Transportation District 2 - Office of General Counsel District 7 - Office of General Counsel 1109 South Marion Avenue, MS 2009 11201 N. McKinley Drive, MS 7-120 Lake City, FL 32025 Tampa, FL 33612 District 3 Florida's Turnpike Enterprise 850-330-1391 407-264-3170 D3prcustodian(a dot.state.fl.us TPprcustodianai dot.state.fl.us Florida Department of Transportation Turnpike Enterprise Chief Counsel District 3 - Office of General Counsel Florida Turnpike— Office of General 1074 Highway 90 East Counsel Chipley, FL 32428 Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 District 4 954-777-4529 Central Office D4urcustodian(a dot.state.fhus 850-414-5355 Florida Department of Transportation CO nrcustodian(a'dot.state.fl.us District 4 — Office of General Counsel Office of the General Counsel 3400 West Commercial Blvd. Florida Department of Transportation Fort Lauderdale, FL 33309 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 District 5 386-943-5000 D5 urcustodian(adot.state.fl.us Florida Department of Transportation District 5 — Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 Docusign Envelope ID:2564BD61-07EA-8271-80EF-16BBC550D9A7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52 STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAINTENANCE OGC-02/21 COMPENSATION AGREEMENT Page 7of8 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 one of the applicable options: ❑ 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 Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGEMC BY: (Signature) (Printed Name: '}tebtcc a 5hal�x, ) Date:c///‘/(26. (Printed Title: Maude ) • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -DocuSigned by'. "'1' BY: (Signature), ( ( - r�'`01u � P Signin on behalf of: Date:10/07/2026 5:261 PM EDT (Printed Name: Paul A. Lamolev. P.E. ) (Printed Title: Director of Transportation Operations ) FDOT Legal Review DocuSigned by: t, , i�'IMbUAL�,a, 10/06/2026 1 1:39 PM EDT BY: iSignature) Date: —1 YdUUb,ULE,,400 Counsel (Printed Name: Elizabeth S. Quintana ) Docusign Envelope ID.2564BD61-07EA-8271-80EF-16BBC550D9A7 375-020-52 MAINTENANCE OGC-02/21 Page 8 of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT For Fiscal Year 2027-2028 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 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet; or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. Please see below for the spreadsheet and MMOA reaardincl the FPL and decorative poles. 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. $358.28 [NV The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of$172.041.78 in fiscal year 2027 shall increase to $177,202.62 in fiscal year 2028. $369.03 Iftp Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and %. Example: 330 (lights) x$ (unit rate) x 0,90 (90% requirement)=$ 0.00 Type of Light #of lights LED or HPS Unit rate 0.00% Total High Mast HPS 0.00 0.00 0.00 Standard HPS 0.00 0.00 0.00 Underdeck HPS 0.00 0.00 0.00 Sign HPS 0.00 0.00 0.00 High Mast LED 0.00 0.00 0.00 Standard LED 0.00 0.00 0.00 Underdeck LED 0.00 0.00 0.00 Sign LED 0.00 0.00 0.00