Fort Walton Beach Resolution — 2021-08--Funding for SR 189 Traffic Analysis — reading text

RESOLUTION 2021- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE SR 189 LEWIS TURNER BOULEVARD AREA TRAFFIC ANALYSIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE JOINT AGREEMENT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council authorized the City Manager to develop and submit funding requests to the State of Florida for a traffic analysis in the Lewis Turner Boulevard area for the 2021 Legislative Session; and WHEREAS, on June 9, 2021, the Florida Department of Transportation ( FDOT), advised the City of Fort Walton Beach( City) it had been appropriated funding in the state budget for a Lewis Turner Boulevard Area Traffic Analysis to be provided by a grant; and WHEREAS, the City is eligible to participate in this grant program and has applied for and been awarded a maximum total of 66. 7 percent, or $ 100, 000, of the total project cost; and a 33. 3 percent, or$ 49,926, City match for a grand total of$ 149, 926; and WHEREAS, the terms of the grant provide that a resolution or other form of official authorization is provided authorizing officers to execute the grant agreement; and WHEREAS, City Council finds that it is in the best interest of the citizens of Fort Walton Beach to participate in the Florida Department of Transportation State Funded Grant Agreement and provide authority for the City Manager to execute all necessary documents to obtain and administer the grant for the City to pay for the Lewis Turner Boulevard Area Traffic Analysis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. Incorporation. The above recitals are true and correct and are hereby incorporated into the body of this resolution. Section 2. Authority. City Council hereby authorizes the City Manager to execute all necessary documents to obtain the grant award and to complete any grant-related purchases. Budget Amendment for Grant Funds: Revenue Expense 001- 1597- 334- 4901 $ 100, 000 001- 1597- 519- 3100 $ 149, 926 001- 1600- 389- 9100 $ 49, 926 Project: ST2201 Project: ST2201  RESOLUTION 2021 - 8 Section 3. Effective Date. This Resolution shall take effect immediately upon approval by City Council and signature of the Mayor. Adopted: ;\. y l- ID 116ik ichard A. Rynearson, M yor Attest: Approved for form, legal sufficiency i Y) J i./ 0,!///! /:  525-010- 60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT STATE- FUNDED GRANT AGREEMENT T FPN: 449306- 1- 34- 01 Fund: FLAIR Category: Org Code: FLAIR Obj: FPN: Fund: FLAIR Category: Org Code: FLAIR Obj: FPN: Fund: FLAIR Category: Org Code: FLAIR Obj: Contract No: Vendor No: F596000323001 County No: ( 57) Okaloosa THIS STATE- FUNDED GRANT AGREEMENT (" Agreement") is entered into on This date to be entered by DOT only) between the State of Florida Department of Transportation, (" Department"), and City of Fort Walton Beach , by and Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a" Party" and collectively as the" Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334. 044, 334. 044( 7), and ( select the applicable statutory authority for the program( s) below): Section 339. 2817 Florida Statutes, County Incentive Grant Program ( CIGP), ( CSFA 55. 008) Section 339. 2818 Florida Statutes, Small County Outreach Program ( SCOP), ( CSFA 55. 009) Section 339. 2816 Florida Statutes, Small County Road Assistance Program ( SCRAP), ( CSFA 55. 016) D Section 339. 2819 Florida Statutes, Transportation Regional Incentive Program ( TRIP), ( CSFA 55. 026) 445 Specific Appropriation 1958A of Ch. 2020- 111 L. O. F. , Local Transportation Project , ( CSFA 55. 039) The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit " D", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department' s participation in Lewis Turner Blvd Area Traffic Analysis , as further described in Exhibit" A", Project Description and Responsibilities, attached to and incorporated into this Agreement (" Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before March 31, 2022. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit " A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14  525- 010-60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT STATE- FUNDED GRANT AGREEMENT Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non- construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department' s obligations under this Agreement for the Recipient' s failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty ( 30) days of the Department' s determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right- of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty ( 30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $ 149, 926. This amount is based upon the Schedule of Financial Assistance in Exhibit " B", Schedule of Financial Assistance, attached and