Item #04 Approval of Interlocal Agreement between Orange County and City of Ocoee regarding Improvements to the Fullers Cross/Ocoee Apopka Roads Intersection ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 5, 2018
Item # /
Reviewed By:
Contact Name: Mike Rumer/ Steve Krug Department Director:
Contact Number: City Manager:
Subject: Approval of Interlocal Agreement between Orange County and ity of Ocoee regarding
Improvements to the Fullers Cross/Ocoee Apopka Roads Intersection.
Background Summary:
This agreement provides for the construction of certain improvements to the intersection of Fullers Cross
Road and Ocoee Apopka Road. The City and County have agreed that certain improvements should be
made to the Intersection and that these improvements are most efficiently and expeditiously
accomplished if the City and County partner to fund such improvements. The City agrees to manage the
design, bidding, and construction of the Improvements. The City and County agree to split the cost of
the improvements 50/50 with the City's share including City property needed for right of way.
The improvements to be made are: i) left turn lanes on the northbound Ocoee Apopka Road to
westbound Fullers Cross Road, ii) left turn lane on southbound Ocoee Apopka Road to eastbound
Fullers Cross Road, iii) left turn lane from westbound Fullers Cross Road to southbound Ocoee Apopka
Road, and iv) left turn lane from eastbound Fullers Cross Road to northbound Ocoee Apopka Road.
Upon City Commission approval, the executed Interlocal Agreement will be sent to Orange County for
formal approval and execution.
Issue:
Request the Honorable Mayor and City Commission approve the Interlocal Agreement with Orange
County for a cost share for future road improvements for the Fullers Cross and Ocoee Apopka Road
intersection.
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Interlocal Agreement with
Orange County for a cost share for future road improvements for the Fullers Cross and Ocoee Apopka
Road intersection pursuant to revisions by the County with no additional impacts to the City.
Attachments:
Interlocal Agreement
Financial Impact:
City is responsible for a 50% share of cost for design and construction. The value of City owned property
for future Right of Way is included in 50% share. Funding and other contributions shall not exceed Five
Hundred Thousand Dollars ($500,000) per party.
The City has the following amounts held in Fund 317 & 106 for this improvement:
Chevron/Eagle Creek-$250,000
Arbours at Crown Point-$34.884.00
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. n_Ji..._, N/A
Reviewed by ( ) N/A
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INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
regarding
IMPROVEMENTS TO THE FULLERS CROSS/OCOEE-APOPKA
ROADS INTERSECTION
Approved by the Orange County
Board of County Commissioners
,2018
Approved by the City of Ocoee
City Commission
, 2018
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INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
regarding
IMPROVEMENTS TO THE FULLERS CROSS/OCOEE-APOPKA ROADS
INTERSECTION
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and
between Orange County,Florida,a Charter County and political subdivision of the State of Florida
("County"),and the City of Ocoee,Florida,a municipal corporation created and existing under the
laws of the State of Florida("City").
RECITALS
WHEREAS,the County has authority pursuant to Section 125.01,Florida Statutes,to enter
into agreements; and
WHEREAS, the City has authority pursuant to Section 166.021, Florida Statutes,to enter
into agreements; and
WHEREAS,the County has jurisdiction over Fullers Cross Road and Ocoee-Apopka Road;
and
WHEREAS,traffic concerns at the intersection of Fullers Cross Road and Ocoee-Apopka
Road(hereinafter"Intersection") impact the City and its citizens; and
WHEREAS,the City and County have agreed that certain improvements should be made to
the Intersection and that these improvements are most efficiently and expeditiously accomplished if
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the City and County partner to fund such improvements; and
WHEREAS,the City and County wish to memorialize those agreement upon improvements
and funding in this Agreement; and
WHEREAS,the City and County have authority pursuant to section 163.01,Florida Statutes,
to enter into this Agreement.
NOW,THEREFORE, in consideration of the mutual covenants and conditions contained
herein,the parties hereto agree as follows:
1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated herein by
reference.
2. Improvements.It is the desire of the parties involved to provide improvements to the
Intersection("Improvements") and in accordance with the terms of this Agreement. Subject to the
satisfaction of the condition of County approval,the Improvements will include installing four left
turn lanes (on at each leg of the Intersection) and installing a new traffic signal system at the
Intersection.
A. At to the City. The City agrees to manage the design, bidding, and
construction of the Improvements. City accepts and acknowledges that City's contribution to the
Improvements shall also include funding,as further described in Paragraph 3 of this Agreement.The
parties agree that City's share of funding shall be inclusive of the contribution of the right of way
necessary to facilitate said Improvements.However,the parties agree that,under no circumstances,
shall City be required to obtain additional real property for right-of-way.
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B. As to the County. The County accepts and acknowledges that its contribution
to the Improvements shall be limited to funding, as further described in this Agreement.
3. Funding. It is the desire of the parties involved to provide funding for the
improvements to the Intersection. The County agrees to reimburse the City according to the
following schedule:
• County will pay City 50% of the design cost to be paid within sixty (60) days of the date the
award becomes final.
• County will pay City 50%of the right of way cost to the City within thirty(30)days of the date
of execution of this Agreement. (As summarized in Paragraph 2.A., the value of the right of way
contributed by the City is included in the City's 50%share of right of way costs. The parties do not
expect to acquire any additional right of way for the Improvements.)
• County will pay City 25%of the construction cost within sixty(60) days of the date the award
becomes final.
• County will pay City 25%of the construction cost within thirty(30) days of the completion of
construction.
Funding and other contributions to the improvements shall not to exceed Five Hundred Thousand
Dollars ($500,000.00)per party in accordance with the terms of this Agreement.
5. Sovereign Immunity. Nothing herein shall be construed as a waiver of the City of
County's sovereign immunity provided under section 768.28, Florida Statutes, as same may be
amended from time to time.The terms of this paragraph shall survive termination of this Agreement.
6. Miscellaneous.
A. Validity. The County and the City each represents,warrants,and covenants
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to and with the other its respective authority and power under Florida law to enter into this
Agreement, and acknowledges the validity and enforceability of this Agreement. The County and
the City each hereby represents, warrants and covenants to and with the other that this Agreement
has been validly approved by its respective governing body, and that this Agreement constitutes a
legal,valid and binding contract enforceable against each party in accordance with the terms hereof
(assuming the due authorization, execution and delivery hereof by the other party hereto).
B. Entire Agreement. This Agreement,along with its exhibits,constitutes the
entire Agreement between the parties regarding the subject matter hereof. Any prior oral or written
agreements (or portions thereof) or understandings of any kind between the parties relating to the
subject matter hereof are null and void and have no further effect.
C. Amendments. This Agreement may be amended only by express written
instrument approved by the Board of County Commissioners of the County and the City Commission
of the City, and executed by the authorized officers of each party.
D. Counterparts. This Agreement and any amendments thereto may be
executed in one or more counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument.
E. Ambiguities. Both parties have been allowed equal input regarding the terms
and wording of this Agreement,and have had the benefit of consultation with their respective legal
counsel prior to its execution, such that all language and wording herein shall be construed equally
against the parties.
F. Headings. The headings or captions of sections or subsections used in this
Agreement are merely for the convenience of the parties for reference only and are not intended to
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define or limit their contents, nor are they intended to affect the construction of or to be taken into
consideration in interpreting this Agreement.
G. Severability. The provisions of this Agreement are declared by the parties to
be severable only to the extent that the remaining provisions can effectuate the purpose and intent of
the parties.
H. Governing Law; Venue; Attorney's Fees and Costs.
(1) This Agreement shall be governed by and construed in accordance
with laws of the State of Florida.
(2) Venue for any action arising out of or related to this Agreement shall
be in the Circuit Court for the Ninth Judicial Circuit in Orange County, Florida.
(3) In the event a party deems it necessary to take legal action to enforce
any provisions of this Agreement,each party shall bear its own attorney's fees and costs at both the
trial and appellate levels.
I. Notices. Any notice required to be given or otherwise given by one party to
the other party under this Agreement shall be in writing, shall be addressed to the official(s)
identified below, and shall be deemed delivered when given by hand delivery; five (5) days after
being deposited in the United States Mail, postage prepaid, certified or registered; or the next
business day after being deposited with a recognized overnight mail or courier delivery service;when
sent by electronic mail; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows:
If to the County: Director, Orange County Public Works Department
4200 South John Young Parkway
Orlando, Florida 32839
Facsimile: (407) 836-7716
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With a copy to: County Attorney
Orange County Administration Center
201 South Rosalind Avenue
Orlando, Florida 32802
Facsimile: (407) 836-5888
If to the City: City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Facsimile: 407-905-3158
With a copy to: Scott Cookson
City Attorney
1000 Legion Place#1700
Orlando, Florida 32801
Facsimile: 407-581-9801
In all cases,notices shall be deemed delivered to a party only upon delivery of copies to the
persons indicated above in the same manner as for the party being notified. Either party may change
its designated official or address for receipt of notice by giving notice of such change to the other
party in the manner provided in this section.
J. No other parties. Nothing in this Agreement,expressed or implied,is intended nor
shall it be construed to confer upon or give any person or entity any right,remedy,or claim under or
by reason of this Agreement or any provisions or conditions hereof,other than the parties hereto and
their respective representatives, successors, and assigns.
7. Effective Date. This Agreement shall become effective on the date of execution by
the County or the date of execution by the City, whichever date is later.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
indicated below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Teresa Jacobs,
County Mayor
Date: , 2018
ATTEST: Phil Diamond, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE
ONLY OF THE CITY OF OCOEE, CITY COMMISSION AT A MEETING HELD
FLORIDA: APPROVED AS TO ON , 2018, UNDER
FORM AND LEGALITY this AGENDA ITEM NO.
day of , 2018.
By:
Scott Cookson, City Attorney
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Exhibit A
Improvements
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Exhibit B
Budget
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