III(F) Approval And Authorization For Mayor And City Clerk To Execute Termination Of Agreement With DOT For Grant Funds On Intersection Improvements Agenda 7-17-2001
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III F
MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
° .7. o CITY OF O C OEE COMMISSIONERS
'�� •` a 150 N.LAKESHORE DRIVE DANNY HOWELL
SCOTT ANDERSON
OCOEE FLORIDA 34761-2258
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CITY MANAGER
JIM GLEASON
MEMORANDUM
DATE: July 9, 2001
TO: The Honorable Mayor and Board of City Commissioners
FROM: David Wheeler, P.E. Q r--✓
Assistant City Engineer/Utilities Director
SUBJECT: Termination of Joint Participation Agreement .
with
Florida Department of Transportation
for
Improvements to Intersections
In 1998, staff worked with the Florida Department of Transportation to obtain a permit
for the drainage improvements to the intersection of Bluford Avenue and Orlando
Avenue. Bluford Avenue is a state road in that area. Realizing that some of the
drainage problems were being caused by Bluford Avenue, FDOT offered to participate,
financially with a grant of $100,000, in the project and another project on Taylor Street.
At that time these two projects were high on the priority list of the stormwater projects.
The Bluford/Orlando Avenue intersection drainage project was ready to go to
construction when the Fire Department decided to purchase to property on the between
Columbus Street and the Orlando Avenue right-of-way on the west of Bluford Avenue.
The drainage improvement construction project was put on hold because staff did not
want to do the drainage improvements as designed and have to remove/replace them
when the new fire station was constructed.
The project on Taylor Street was delayed because of changes in the stormwater
projects priority list and an increase to the scope of work that increased the project
cost. The Starke Lake drainwell replacement, Pioneer Key Mobile Home Park No. 2
drainage improvements, and the Reflections Groundwater Seepage Projects were given
higher priorities. The remaining dollars in the Stormwater Loan will cover the three
projects identified. This re-prioritizing of the stormwater projects was prese ed to the
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City Commission in August of 2000 and approved based upon the changing needs. Any
remaining dollars will not be able to cover the City's share of the Taylor Street project.
The conditions of the FDOT grant were for the City to construct the improvements and
then get reimbursement from FDOT. FDOT had budgeted the project in the 2000 fiscal
year which ended on July 1, 2001. Staff informed FDOT that it was our intent to do the
projects at a later date but not within the timeframe of the agreement. FDOT stated
that when the City is ready to revitalize our projects they would discuss FDOT's
participation in those projects at that time.
For FDOT to shift the money to other projects they need to execute a termination
notice; FDOT does not use opened ended contracts any more. The reason that this
Termination Notice is being presented to the City Commission is that the Mayor and City
Clerk signed the original joint participation agreement, therefore the Mayor and City
Clerk need to execute the termination notice.
The Engineering/Utility Staff recommends that the City Commission approve this
Termination Agreement and direct the Mayor and City Clerk to execute the Termination
Agreement to be returned to the Florida Department of Transportation.
Attachments: Copy of Termination Notice
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Florida Department of Transportation
719 South Woodland Boulevard
JEB BUSH DeLand, Florida32720-6800 THOMAS F.BARRY,JR.
GOVERNORSECRETARY
David A. Wheeler, P.E.
Assistant City Engineer/Utilities Director
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
Friday, May 18, 2001
CERTIFIED MAIL#: 7000 0600 0027 3638 9872
Reference: Termination Agreement
Contract No.: AG763 JPA
Project No.: 405680-1-54-01
County(ies): Orange
Amount: $100,000.00
Dear: Mr. Wheeler:
Attached, two (2) original Termination Agreements for the above referenced project.
Please have both documents executed by the City of Ocoee and return them to me for execution
by the FDOT. S. Scott Vandergrift, Mayor and Jean Grafton, City Clerk executed the original
JPA for the City of Ocoee.
When you have questions, please call me at (904) 943-5283
Sincerely,
Shirley Haas
Contracts, Beautification Grants
www.dot.state.fl.us
Financial Management Number: 405680-1-54-01
Contract Number: AG763
JOINT PARTICPATION AGREEMENT TERMINATION
This Agreement made and entered into this day of , 2001
by and between the State of Florida Department of Transportation, an agency of the State of
Florida, hereinafter called the Department and CITY OF OCOEE
hereinafter called the Agency.
WITNESSETH
WHEREAS, the parties have determined that the performance of the Joint Participation
Agreement entered into between the parties on January 19, 1999 is not in their best interests.
NOW, THEREFORE, in consideration of the premises it is agreed that the above
described agreement is terminated and each party relieves the other of any obligations.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed.
Se.t. Ari6c,h4e1 5/c 44u:2., 46 c,
AGENCY ATTORNEY,DEPT. OF TRANSPORTATION
BY: DISTRICT: FIVE
TITLE DEPARTMENT OF TRANSPORTATION
DISTRICT DIRECTOR OF OPERATIONS
TITLE
By:
S. Scott Vandergrift, Mayor Date
Attest:
Jean Grafton, City Clerk
•
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, APPROVED AS TO FORM COMMISSION IN A MEETING
HELD ON
AND LEGALITY THIS DAY OF , 2001
UNDER
, 2001. AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
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