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HomeMy WebLinkAboutItem III (B) Approval and Authorization for Mayor and City Clerk to Execute Traffic Signal Service Agreement with Orange County to Replace the Agreement Approved June 16, 1992 AGENDA 10-20-92 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" III B O` Ocoee Lt'1J~,K UADt b,J.K. -v O CITY OF OCOEE RUSTCO001 oN 4 150 N.LAKESHORE DRIVE PAUL W.FOSTER 0 OCOEE FLORIDA 34761 (!) (407)656-2322 VERN COMBS eR , SAM WOODSON `+ OP GOOD CITY MANAGER ELLIS SHAPIRO MEMORANDUM To: The Honorable Mayor and Board of City Commissioners From: Jean Grafton, City Clerk Date: October 15, 1992 Re: Traffic Signal Service Agreement Replacement In June the customary two year renewal of the Traffic Signal Service Agreement was submitted to be placed on the agenda. In reviewing the document I found several places that appeared to need some cleaning up: 1. Page 1, paragraph 2 refers to Kissimmee Road instead of Kissimmee Avenue. I searched through many old maps and papers and found that the City has consistently used avenue. This correction was made. 2. Page 2, paragraph 5 deletes paragraphs 3 and 4 of the Agreement dated April 17, 1984. The renewals of 1986, 1988 and 1990 say the same thing. Paragraph 1 states "The existing agreement is incorporated herein by reference as if fully set forth, and shall continue in full force. . .". The Agreement dated 1990 is the existing agreement. That would appear on the surface to mean that the deletion is really deleted and that continuing to delete it in this document should be unnecessary. I consulted with Assistant City Attorney David Barker and he sent an opinion (attached to this memo) recommending removal of the statement. This change was made. 3. The form approval paragraph to be signed by the City Attorney included the names of Van Den Burg, Gay, Burke, Wilson and Arkin. . .no longer appropriate, so I removed them. The Agreement you approved previously included these three changes. When it was sent to Orange County, their Assistant County Attorney Carol Reiss objected to the change to paragraph 5 and insisted that it be changed back to the original wording. The Agreement has been rewritten to include the deletion of paragraph 3 and 4 and the Agreement is presented to you now for your approval and authorization to execute. Cil.. TRAFFIC SIGNAL SERVICE AGREEMENT This Agreement (the "Agreement") is entered into between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "COUNTY"), and the CITY OF OCOEE, a municipal corporation (hereinafter the "CITY"). RECITALS WHEREAS, the COUNTY and CITY entered into a Traffic Signal Service Agreement dated April 17, 1984, approved by the Board of County Commissioners on May 7, 1984, as amended in June 1986, October 1988 and August 1990; and WHEREAS, the CITY and COUNTY desire to extend the term of the existing Agreement; NOW, THEREFORE, in consideration of the foregoing and of the following terms and conditions, the COUNTY and CITY agree as follows: 1. The existing Agreement is incorporated herein by reference as if fully set forth, and shall continue in full force and effect except to the extent that it may conflict with the provisions contained herein. 2. The CITY shall pay to COUNTY the sum of Six Thousand Nine Hundred Dollars ($6,900.00) to cover the cost of maintaining seven (7) traffic signals and one (1) flashing school signal for a period of two (2) years at the following locations: Bluford Avenue and McKey Street Bluford Avenue and McGee Highway Bluford Avenue and Silver Star Road Maguire Road and McGee Highway Kissimmee Avenue and Story Road (Kissimmee Avenue was inadvertently referred to as Kissimmee Road in previous documents.) Silver Star Road and Ocoee-Apopka Road Bluford Avenue and Ohio Street (school signal) Ocoee-Apopka Road and Franklin Street This amount shall be used toward the cost of all parts, labor and equipment necessary to respond to reported malfunctions in a timely manner, as well as the performance of preventive maintenance. The COUNTY shall perform preventive maintenance of each of the eight (8) signal locations once every six (6) months. 3. The CITY shall pay to COUNTY an additional sum of One Thousand Five Hundred Dollars ($1,500.00) over and above the aforementioned sum of Six Thousand Nine Hundred Dollars ($6,900.00) for the installation of new loops at the intersection of Kissimmee Avenue (which was inadvertently referred to as Kissimmee Road in previous document) and Story Road. However, the COUNTY shall not be obligated to begin the installation of the loops until such time as the CITY, at its own expense, has repaired, to the satisfaction of COUNTY, the pavement on the approaches to that intersection. 4. The CITY shall be responsible for the setting of signal timing parameters at all locations and any costs associated therewith. However, the COUNTY may provide recommendations to the CITY. 5. Paragraphs 3 and 4 of that certain Agreement between the City of Ocoee and Orange County dated April 17, 1984, are hereby deleted. The COUNTY shall respond to all reported malfunctions of the traffic signals included in this Agreement unless it has previously determined that the malfunctioning traffic signal is no longer capable of repair. Response time will depend on the relative urgency of the malfunction, workload, and travel time. The COUNTY shall notify the CITY when a malfunction is reported and shall give the CITY an estimate of the response time. If any temporary traffic control is required due to the malfunction, such as police control or stop signs, the CITY shall provide such control until the COUNTY completes the repairs. If a traffic signal installation is damaged by accident, construction work, storm or act of God, etc., and Major Repairs must be made, the repairs required shall not be covered by this Agreement. "Major Repairs" shall be defined as any malfunction or damage, the overall and cumulative cost to repair of which would exceed Five Hundred Dollars ($500.00). The COUNTY may perform any repairs requested by the CITY or the CITY may hire a private contractor to perform the repairs. If the CITY elects for the COUNTY to make the repairs, an estimate of the cost will be prepared and agreed upon prior to the commencement of any work. The CITY shall be responsible for the cost of such Major Repairs, including any materials furnished and installed. 6. The CITY shall be responsible for payment of electrical service for the signal installation directly to the electrical power company. Said payment •shall in no way be construed to be included within $6,900.00 payment referenced in paragraph 2 of this Agreement. - 2 - 7. Duration of Agreement - This Agreement shall become effective on the date upon which the last of the parties hereto execute this Agreement (the "Effective Date") and shall terminate two (2) years from the Effective Date, subject to renewal by written agreement of the parties hereto. ORANGE COUNTY, FLORIDA By: Linda Chapin, County Chairman Date: ATTEST: Martha 0. Haynie, Comptroller as Clerk to the Board • of County Commissioners By: Deputy Clerk For use and reliance of ORANGE COUNTY only APPROVED as to form , 1992. Carol Levin Reiss Assistant County Attorney CITY OF OCOEE ATTEST: By: Jean Grafton, City Clerk Lester Dabbs, Jr., Mayor Date: For use and reliance by The CITY OF OCOEE only. APPROVED as to form and legality this day of , 1992. FOLEY AND LARDNER By: Paul Rosenthal City Attorney - 3 -