Fort Pierce Commission Weighs Risks of $666K Sidewalk Project with FDOT Liability Clause

In a recent Fort Pierce City Commission meeting, significant concerns were raised regarding a proposed agreement with the Florida Department of Transportation (FDOT) related to a sidewalk project near a local hospital. The discussion highlighted potential legal liabilities that could arise from the agreement, particularly concerning indemnification clauses that would place additional financial burdens on the city and its taxpayers.

City staff had previously approached FDOT to request the removal of certain language in the agreement that could expose the city to lawsuits. However, FDOT declined this request, prompting city officials to weigh the risks of proceeding with the agreement. The city attorney emphasized that signing the agreement as it stands could lead to increased liability, including the possibility of having to cover attorney fees and judgments in the event of a lawsuit. This situation raises concerns about the city's insurance coverage, as agreeing to indemnify FDOT could violate existing policies.

Commissioners expressed a mix of apprehension and urgency regarding the agreement. One commissioner noted the importance of the sidewalk project for local children waiting for school buses, while another highlighted the potential loss of $666,000 in funding if the agreement was not approved promptly. The city engineer warned that failing to execute the agreement could tarnish the city's reputation and jeopardize future funding from FDOT.

The project is time-sensitive, with federal funds needing to be obligated by September 5. City officials acknowledged the pressing timeline but also recognized the need for further discussion with the Transportation Planning Organization (TPO) to understand how other municipalities are managing similar agreements.

As the meeting progressed, it became clear that the commission faced a challenging decision: approve the agreement and accept the associated risks or delay and potentially lose critical funding for the sidewalk project. The discussions underscored the delicate balance between advancing community infrastructure and protecting taxpayer interests, leaving the commission with the responsibility to make a well-informed decision in the coming days.