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Home My WebLink AboutResolution 2004-10 RESOLUTION NO. 2004 - 10 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF MAST ARM SIGNALIZATION AT CERTAIN INTERSECTIONS IN COOPERATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;, APPROVING AND AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the policy of the State of Florida, Oepartment of Transportation ("FOOT") and the City of Ocoee, a Florida Municipal Corporation (collectively, the "Parties") to cooperate with each other in order to maximize the use and allocation of the monetary resources each are entrusted with, and WHEREAS, FOOT currently has an ongoing project of widening and improving SR 50 from SR 429 to Good Homes Road, some of which is located within the boundaries of City of Ocoee, and WHEREAS, FOOT is completing the design phase for SR 50 that includes the intersections of SR 50 and Maguire Road, Old Winter Garden Road, Blackwood Avenue, Clark Road, and the West Oaks Mall entrance that run within the boundaries of City of Ocoee, and WHEREAS, the City of Ocoee (the "City) desires to have all referenced intersections upgraded from standard FOOT Concrete/Steel Strain Pole Signalization to Mast Arm Signalization, and WHEREAS, it is the intent of FOOT, in regard to the design phase of the segment of SR 50 from SR 429 to Good Homes Road, to undertake and to complete the project that will include the Mast Arm Signalization upgrades. 006.348419.1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated by reference. SECTION 2. Authority. The City Commission of the City ofOcoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 3. Approval and Sil:natory Authorization. The City Commission hereby approves the Memorandum of Understanding with the Florida Oepartment of Transportation (as attached hereto as Exhibit" I") and authorizes execution thereof by the Mayor and City Clerk. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion ofthis Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 006.348419.1 -2- PASSED AND ADOPTED this t7n+day of~2004. ATTEST: ~. Beth Eikenberry, City Clerk C (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APP~OVED A~RM AND LEGALITY this .L.l- day of ~ 2004. ::r;:;;~ City Attorney 006.348419.1 APPROVED: CITY OF OCOEE, FLORIDA , <:55* d.\.JL~r s. Scott Vandergrift, Mayor t. APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. 1 -3- "EXHIBIT I" MEMORANDUM OF UNDERSTANDING THE STATE OF FLORIDA, OEPARTMENT OF TRANSPORTATION And THE CITY OF OCOEE, A FLORIOA MUNICIPAL CORPORATION WHEREAS, it is the policy of the State of Florida, Department of Transportation and of the City ofOCOEE, a Florida Municipal Corporation to cooperate with each other in order to maximize the use and allocation of the monetary resources each are entrusted with, and WHEREAS, the Oepartment of Transportation currently has an ongoing project of SR 50 widening and improvements of from SR 429 to Good Homes Road, some of which are located within the boundaries of City of Ocoee, and WHEREAS, the Oepartment of Transportation is completing the Oesign phase for SR 50 that includes the intersections of SR 50 and Maguire Road, Old Winter Garden Road, Blackwood Avenue, Clark Road, and the West Oaks Mall entrance that run within the boundaries of City of Ocoee, and WHEREAS, the City desires to have all of the referenced intersections upgraded from standard FOOT Concrete/Steel Strain Pole Signalization to Mast Arm Signalization designed in accordance with City of Ocoee Activity Center Mast Arm Oesign and Color Standards. NOW THEREFORE, in consideration of the foregoing and on the basis of establishing the expectations of and the obligations of each party hereto, the parties agree as follows: 1. The Memorandum of Understanding establishes the expectations and general obligations of each party and it further anticipates that separate agreements may need to be entered into to put into effect the desires of the parties. 2. The parties understand and agree that prior to any funds being expended or encumbered that would allow the Oepartment of Transportation (hereinafter "Department") to undertake the project with contribution by City of Ocoee (hereinafter "the City") that a Locally Funded Agreement will need to be entered into by and between the parties hereto so as to allow and provide the terms and conditions of the City contributing to the Department and to establish the obligation of the City to pay the costs incurred by the Department for the Mast Arm Upgrades for all of the referenced intersections should the City fail to perform or to undertake their obligations. 3. In regard to the Oesign phase of this segment of SR 50 from SR 429 to Good Homes Road, it is the intent of the Department to undertake and to complete the project that will include the Mast Arm Signalization upgrades. Notwithstanding this stated intent, the parties recognize and agree that the Department has limited funding in its work program (design funds only) to undertake any of the work identified herein. Unless and until said project is fully funded, the Department does not have any ability to undertake any of the tasks outlined herein. 4. If and in the event the work program is funded to allow said work to be undertaken, it is the intent of the Department to approach the construction phase of the project so as to include the Mast Arm Signalization upgrades that will ultimately benefit the City. The City agrees to be responsible for the difference in the cost to the Department for standard FOOT Concrete/Steel Strain Pole Signalization versus Mast Arm Signalization designed in accordance with City of Ocoee Activity Center Mast Arm Design and Color Standards. The City shall be responsible to pay to the Department, pursuant to the terms of a Locally Funded Agreement the difference in the costs of Mast Arm signalization. The Oepartment shall be responsible for the costs of the design of the project. 5. In the event the City requests a non-standard Mast Arm style or design, the Oepartment must review and approve the style or design to ensure that the Oepartment's specifications are met. Additionally, if the City requests a non-standard style or design without a standard index, the City shall be responsible for all additional design cost for the specialty Mast Arms, as well as the construction costs mentioned in item 4 above. 6. In the event the City, after the Oepartment has undertaken the design to reconstruct and add additional lanes with the Mast Arm Signalization upgrades included, backs out and decides not to fund the Mast Arm Signalization upgrades, the City will be responsible for the cost of the Oepartment to redesign the project without Mast Arm Signalization upgrades. 7. The Oepartment's obligations hereunder are contingent on the appropriation of funds to accomplish the work described herein. In the event funds are not allocated to the Department to accomplish the tasks set forth herein, the Oepartment shall be deemed to have no legal responsibility to perform under the terms of this agreement. 8. Construction funding from the City shall be due at least 90 days prior to the advertisement of the Oepartment's bid request, pursuant to the terms of a Locally Funded Agreement. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA .c:::' / I .~,~U (SEAL) ADVERTISED ,-i994 -READ AppV"ovd REM> SECOND TIlVffi AND D_+cl-:>e't'"" \9 ,2004 UNDER AGENDA ITEM -#1 , 2004 . FIRST TIME ADOPTED NO. 7 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO. VED AS TO~ LEGALITY this ---1Q- day of , 2004. ::LEY:;tJi&1; City Attorney STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ~ \p, ~ lI.n-o~ < By: Noranne B. Downs Title: Oirector of Transportation Development Oate: ~-~~ LE.~~~\eN ~ '0 ~~cJ'\,-