V(I) Approval and Authorization to Waive the Bidding Process for the Transfer of $26,021 from Wastewater R & R to the Wastewater Operating – Capital Improvements Account for the Emergency Repairs to Lift Station #14 Agenda 0406-2004
Center of Good L I. Item V I
Mayor ire v111ao Commissioners
S. Scott Vandergrift ... t;i Danny Howell, District 1
CCID
Scott Anderson, District 2
City Manager , Rusty Johnson, District 3
Jim Gleason / -' Nancy J. Parker, District 4
STAFF REPORT
DATE: March 25, 2004
TO: The Honorable Mayor and City Commissioners
FROM: David Wheeler, P.E., Director Public Works
SUBJECT: To Approve Emergency Repairs to Lift Station #14
ISSUE:
Should the Mayor and City Commissioners approve the emergency repair work for Lift Station
#14 located at: 1347 1/2 Olympia Park Circle, Ocoee, Florida that serves the Lake Olympia
subdivision and surrounding areas.
BACKGROUND:
The guide rails (support system) for the two 20 h.p. pumps have deteriorated; both rail systems
are beyond repair, the rails are coming loose from the bottom of the station. Historically, we
have had numerous problems with the seals on these pumps; EMU manufactures these pumps
and we have worked with this manufacture for over the last two years in an attempt to resolve
this problem only to learn that this existing configuration is considered to be a poor design and
is no longer in use. This same malfunction occurred in October 2003, at lift station #16 in Lake
Olympia Club. A major concern in using a pump in this state of disorder is poor and or improper
operation, excessive maintenance, and imminent malfunction.
DISCUSSION:
Time is of the essence to get this lift station up and operating as designed, this station has the
potential for back-flooding conditions in homes that are in close proximity to this station. We are
using the same quotes for installation and mechanical parts as we did for Lift Station #16, which
had the same problems with the EMU pumps and guide rail systems. The following vendors
have provided us with the most reasonable prices and the best technical solutions to the
existing problem: Barney's Pumps, Inc. will provide the pumps and the rail systems at a cost of
$18,521.00 (this price is $1,394.00 more than lift station #16 as a result of the manufacturer's
cost increase), while J&H Water Stop, Inc. will do the installation at the same charge of
$7,500.00 for a total cost of $26,021.00. This will be expended from the R&R general ledger
account. In replacing these parts we will be improving operations at this station and extending
the life of the station.
STAFF RECOMMENDATION:
Staff recommends that the City Commission waive the bidding process according to the Purchasing
Manual due to the emergency nature of the repair of this lift station and to approve a transfer of
$26,021.00 from Wastewater R&R to the Wastewater Capitol general ledger account, and to
consider this as a high priority request.
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•fax: (407)656-8504 •www.ci.ocoee.fl.us
Agenda 04-06-2004
Item V J
Date: March 28, 2004
To: The Honorable Mayor and City Commissioners
From: Steven J. Goclon, Police Chief
Subject: Traffic Enforcement Agreement, Wesmere Maintenance Association
Inc.
ISSUE:
Should the City of Ocoee enter into a traffic enforcement agreement with the Wesmere
subdivision. The association owns the private roads within the City of Ocoee and would like to
grant the City Police Department jurisdiction over the roads for traffic control.
BACKGROUND:
The City of Ocoee had previously entered into a traffic enforcement agreement with the
WESMERE MAINTENANCE ASSOCIATION, INC.; the agreement's term was for two (2)
years and has expired. Currently there is not an agreement with the Wesmere subdivision.
The traffic enforcement agreement is required for the Ocoee Police Department to have authority
upon the private roads within the limits of the gated subdivision for the enforcement of traffic
laws. The agreement shall not require any minimum staffing or create priority for traffic
enforcement.
Without the agreement traffic complaints within the subdivision are going unresolved.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners renew the traffic
enforcement agreement between the CITY OF OCOEE and the WESMERE
MAINTENANCE ASSOCIATION, INC. for a term of two (2) years. The agreement would
help improve the safety of the citizens of the Wesmere subdivision upon the private roads by
enforcement of Florida Uniform Traffic Laws. There is one other existing agreement with a gated
community, Cross Creek Subdivision. It is our plan to sign agreements with each of the gated
communities within the City of Ocoee in order to help ensure the safety of our citizens upon the
roadways of the City.
There is no fee attached to the agreement.
Lt.Charlie Brown Page 1 3/31/2004
TRAFFIC ENFORCEMENT AGREEMENT
(Wesmere)
THIS TRAFFIC ENFORCEMENT AGREEMENT is made and entered into
this 6th day of April 2004, as the effective date by and between WESMERE
MAINTENANCE ASSOCIATION, INC. whose mailing address is 501 Wesmere
Parkway, Ocoee, FL 34761 (hereinafter referred to as the "Association") and the CITY
OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, FL 34761 (hereinafter referred to as the"City").
WITNESSETH:
WHEREAS,the Association is a not-for-profit corporation existing pursuant to
and in accordance with Florida Statutes §§ 617.301-617.312; and
WHEREAS,the association owns and/or controls those private roads within
Wesmere which is located in Orange County, Florida, and within the corporate limits of
the City of Ocoee, Florida, said private roads being those roads within Wesmere
(hereinafter referred to as the"Private Roads"); and
WHEREAS, Florida Statutes § 316.006(2)(b) authorizes the City, subject to
certain provisions,to enter into an agreement with the Association whereby the
Association grants unto the City, traffic control jurisdiction over the Private Roads within
the subdivision controlled by the Association;and
WHEREAS, Florida Statutes § 316.640(3)authorizes the City to require that the
City police department enforce the traffic laws of the State of Florida on any private
roads pursuant to a written agreement under Florida Statutes § 316.006(2)(b); and
WHEREAS,the Association and the City desire to have the Association grant
unto the City,traffic control jurisdiction over the Private Roads as authorized by Florida
Statutes § 316.006(2)(b) so that the City may enforce the traffic laws of the State of
Florida on the Private Roads; and
WHEREAS,this Agreement has been duly approved and authorized by the
Association in accordance with its Articles of Incorporation, Bylaws, and other
applicable governing documents.
NOW,THEREFORE, in consideration of the premises and other good and
valuable considerations exchanged between the parties hereto,the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporate
herein by this reference.
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Section 2. Traffic Control Jurisdiction. The Parties agree that the City shall
have traffic control jurisdiction over the Private Roads and that officers of the City police
department are authorized to enter upon the Private Roads for the purpose of exercising
this Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction
provided for herein shall be in addition to jurisdictional authority presently exercised by
the City under law, and nothing in this Agreement shall be construed to limit or remove
any such jurisdictional authority. Such existing jurisdiction includes, but is not limited
to,the regulation of access to the Private Roads by security devices or personnel.
Section 3. Traffic Enforcement. The City hereby agrees that the police
department will enforce the Florida Uniform Traffic Control Laws on the Private Roads;
provided, however, that the foregoing shall not be construed to require any minimum
level of staffing or create any priority for traffic enforcement on the Private Roads vis-a-
vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Roads and staffing related thereto shall be within the sole
discretion of the City police department.
Section 4. Traffic Control Signs. All traffic control signs within the subdivision
shall be uniform traffic control signs and shall be installed and maintained by the
Association. The City shall have the right at any time to require additional traffic control
signs and other traffic control apparatus as the City may deem to be necessary for the
enforcement of traffic laws on the Private Roads.
Section 6. Traffic Enforcement Fee. In Consideration for the City exercising
traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to
the City an annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee
under this Agreement will be set a$ 0.00 and shall be prorated based on the Effective
Date and due and payable within thirty(30) days from the Effective Date of this
Agreement. The Annual Fee for subsequent years will be set by the City on or prior to
(date) of each year for the subsequent calendar year. Each subsequent Annual Fee shall
be due and payable on or before (date) of each year in which traffic enforcement services
are rendered. The parties hereby agree that the Annual Fee is made as reimbursement for
(i)the actual costs of traffic control and enforcement, (ii) the costs associated with
maintaining the traffic control signs and apparatus, and (iii) the additional liability
insurance costs incurred by the City as a result of this Agreement.
Section 7. Indemnification. The Association hereby agrees to indemnify and
save the City harmless from and against all losses, costs, expenses, claims, damages,
judgments, liabilities and causes of action whatsoever (collectively, "Claims") including
reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising
out of or alledged to have arisen out of the City entering into this Agreement. Nothing
herein shall be construed to include within the foregoing indemnity and liability on the
part of the Association for Claims arising out of acts of negligence by the City. The City
shall use its best efforts to promptly notify the Association in writing of any Claims based
on this Agreement and shall provide the Association with information regarding the
Claims based on this Agreement as the Association may reasonably request, but the
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failure to give such notice or provide such information shall not diminish the obligations
of the Association under this Section. No Claims whatsoever shall be made or asserted
against the City by the Association for or on account of anything done or as a result of
anything done/omitted to be done in connection with this Agreement.
Section 8. Term; Termination. The term of this Agreement shall be two (2)
years from the Effective Date (the "Term"); provided, however, that this Agreement may
be terminated by either party upon sixty(60) days written notice to the address first
appearing in this Agreement. In the event of termination by either party the Association
is entitled to a pro rata refund of the Annual Fee paid for the year in which termination
occurs. In the event the Association desires to extend the Term of this Agreement, the
Association shall provide written notice to the City of its desire to do so on or before
April 6, 2006 immediately preceding expiration of the Term.
Section 9. Applicable Law. This Agreement and the provisions contained
herein shall be liberally construed and interpreted according to the laws of the State of
Florida.
Section 10. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understanding
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Section 11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together
shall constitute one and the same instrument.
Section 12. Captions. Captions of the Sections and Subsections of this
Agreement are for convenience and reference only, and the words contained therein shall
in no way be held to explain, modify, amplify or aid in the interpretation, construction or
meaning of the provisions of this Agreement.
Section 13. Severability. If any sentence, phrase, paragraph, provision or
portion of this Agreement 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 hereof
Section 14. Effective Date. The Effective Date of this Agreement shall be the
date first appearing in this Agreement and shall coincide with the date the Agreement is
executed by the City.
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IN WITNESS WHEREOF, the Association and the City have caused this
instrument to be executed by their duly authorized officers as of the day and year first
above written.
ASSOCIATION
Signed, sealed and delivered Wesmere Home Owners Association
In the presenc- •
i - -7q_
It 3c7gb By: ��� rsz,(N)i-
3.4.1 (
Name:—.— ,v�l�„"C�1 C141z,^41j`>
Title: ` ili2.,'iA..2.i_ jai, sof_
Print Name: Lr- CN4u E P(,
(CORPORATE SEAL)
Executed on:
Print Name:
STATE OF FLORIDA
COUNTY OF CrO,rl l e`
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to te acknowledgements, personally appeared and who
(_) is personally known to me or ( '1 ) produced 1t J3t G SI,/ 7S- 3``I ./5 L O
Identification, and that he/she acknowledged executing the same in the presence of two
subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses
and proposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid the
,Z(p day of P)\A-cc- , c o0'-i- .
. -"A, A C C C
'.nature of Notary
�•, ASwADmE S.DECAUL --1--
' MY COMMISSION i CC 9 —_f CISt rc e S e Cam
EXPIRES:Apt 23,2004
v��`- ,- 8,,,dP,ThNNOVO U^".^�MeTh Name of Notary(Typed, Printed,or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
Print Name: Executed on:
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality ON , UNDER
AGENDA ITEM NO.
Foley & Lardner
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the Sate and County aforesaid to take acknowledgements, personally appeared S.
SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they
severally acknowledged executing the same in the presence of two subscribing witnesses,
freely and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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