Fort Walton Beach Resolution — 2026-10 Auth to Provide $2.7M to FDOT for Around the Mound Design — reading text

Docusign Envelope ID: AF60AA37-0815-869C-8° “4AABOE7588A RESOLUTION 2026-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, CONFIRMING AUTHORIZATION TO PROVIDE UP TO $2,700,000 FROM HALF-CENT SURTAX REVENUES TOWARDS TO FLORIDA DEPARTMENT OF TRANSPORTATION TO PERFORM DESIGN FOR THE AROUND THE MOUND TRANSPORTATION ALTERNATIVE VIA THE DOWNTOWN MASTER PLAN; PROVIDING FOR TRANSMITTAL OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Fort Walton Beach, Florida (the "City Council"), has previously supported transportation planning and project development activities for the downtown transportation network and the realignment of U.S. Highway 98/State Road 30/Miracle Strip Parkway commonly known as the Around the Mound project; WHEREAS, the Around the Mound transportation alternative was identified and advanced through the City's Downtown Master Plan process and is intended to support mobility, safety, and downtown redevelopment objectives; WHEREAS, the Florida Department of Transportation ("FDOT") has prepared a Locally Funded Agreement with the City for Financial Project No. 220260-4-32-01, under which FDOT is preparing to design a realignment of U.S. Highway 98/State Road 30/Miracle Strip Parkway throughout downtown Fort Walton Beach, Okaloosa County, Florida; WHEREAS, the Locally Funded Agreement provides that FDOT will undertake and administer the design project and that the City will provide a local funding contribution in the amount of Two Million Seven Hundred Thousand and 00/100 Dollars ($2,700,000.00) to aid in the costs of the design project; WHEREAS, the City has identified Half-Cent Surtax revenues as the funding source for the local contribution to FDOT; WHEREAS, Okaloosa County has committed to reimburse the City in the amount of Six Hundred Seventy-Five Thousand and 00/100 Dollars ($675,000.00) pursuant to the Interlocal Agreement dated January 14, 2025, as amended on August 12, 2025, and the City intends for the Half-Cent Surtax revenues to be reimbursed upon receipt of that County reimbursement; WHEREAS, FDOT requires a resolution from the City Council confirming the City's authorization to provide the local funding contribution for the design project; and WHEREAS, the City Council finds that confirming the authorization to provide funding to FDOT for design of the Around the Mound transportation alternative via the Downtown Master Plan is in the best interests of the City and the public health, safety, and welfare of its residents, businesses, and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS. onriep ATRUEAND C cr . CITY OF FORT WALTON BEACH KIM M. BARNES. CITY CLERK BY: e m Docusign Envelope ID: AF60AA37-0815-869C-8° “4AABOE7588A RESOLUTION 2026-10 SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. CONFIRMATION OF AUTHORIZATION TO PROVIDE FUNDING. The City Council hereby confirms and authorizes the provision of funding in an amount up to Two Million Seven Hundred Thousand and 00/100 Dollars ($2,700,000.00) from Half-Cent Surtax revenues to FDOT to perform design for the Around the Mound transportation alternative via the Downtown Master Plan, identified by FDOT as Financial Project No. 220260-4-32-01. SECTION 3. LOCALLY FUNDED AGREEMENT; IMPLEMENTATION. The funding authorization confirmed in this Resolution is intended to satisfy the City Council approval and authorization required by the Locally Funded Agreement for Financial Project No. 220260-4-32-01. The Mayor is authorized to execute the Locally Funded Agreement on behalf of the City, the City Clerk is authorized to attest the Mayor's signature and transmit the City's certified resolution, and the City Attorney is authorized to approve the Locally Funded Agreement as to form and legal sufficiency. The City Manager, Finance Director, City Clerk, City Attorney, Mayor, and other appropriate City officials are authorized to take all actions necessary or appropriate to carry out the intent of this Resolution, including transmitting the authorized funding to FDOT in accordance with the Locally Funded Agreement. SECTION 4. COUNTY REIMBURSEMENT. The City Council acknowledges the anticipated reimbursement from Okaloosa County in the amount of Six Hundred Seventy-Five Thousand and 00/100 Dollars ($675,000.00) pursuant to the Interlocal Agreement dated January 14, 2025, as amended on August 12, 2025. The City intends for the Half-Cent Surtax revenues used for the authorized FDOT contribution to be reimbursed upon receipt of the County reimbursement. SECTION 5. TRANSMITTAL OF RESOLUTION. The City Clerk, City Manager, or their designee is directed to transmit a certified copy of this Resolution to FDOT and to any other agency or party as necessary to implement this Resolution and the Locally Funded Agreement. SECTION 6, EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. Docusign Envelope ID: AF60AA37-0815-869C-8C “4AABOE7588A RESOLUTION 2026-10 _- oS aa Adopted: Non 19. apa a en Nic Allegretto, Mayor ee Attest: Approved as/o legal form and sufficiency K: SVT Pte” Kim M. Barnes, City Clerk /City Attorney Docusign Envelope ID: AF60AA37-0815-869C-80° tAABOE7588A LOCALLY FUNDED AGREEMENT BETWEEN - THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF FORT WALTON BEACH, FLORIDA (Lump Sum) - Project Number: 220260-4-32-01 This Locally Funded Agreement (“AGREEMENT”) is between the State of Florida, Department of Transportation (‘DEPARTMENT”), and CITY OF FORT WALTON BEACH, Florida (“PARTICIPANT”). RECITALS The DEPARTMENT is preparing to design a realignment of U.S. Highway 98/State Road 30/Miracle Strip Parkway throughout downtown Fort Walton Beach, Okaloosa County, Florida, identified by the DEPARTMENT as Financial Project No: 220260-4-32-01, programmed in the Department’s Fiscal Year 2026. These improvements and changes shall be called the PROJECT for purposes of this AGREEMENT; and The DEPARTMENT will undertake and administer the PROJECT, and the PARTICIPANT will contribute a lump sum payment to aid in the costs of the PROJECT; and The PARTICIPANT is prepared to contribute TWO MILLION SEVEN HUNDRED THOUSAND and 00/100 DOLLARS ($2,700,000.00) to the DEPARTMENT for the PROJECT; and The DEPARTMENT is authorized to enter into this AGREEMENT by Section 339.12, Florida Statutes, and other sections of the Florida Transportation Code, and PARTICIPANT has approved this AGREEMENT and authorized its duly authorized representative to sign on its behalf as set forth in the attached Resolution No: 2926-Jo_, dated 14 2oaly - Therefore, the DEPARTMENT and the PARTICIPANT agree as follows: 5; The facts stated in the recitals above in Paragraphs 1 through 4 are true and correct and are incorporated into and made a part of this AGREEMENT. The PARTICIPANT agrees that it will, within fourteen (14) calendar days from the DEPARTMENT?’s written notice to the PARTICIPANT, furnish the DEPARTMENT a contribution in the amount of TWO MILLION SEVEN HUNDRED THOUSAND and 00/100 DOLLARS ($2,700,000.00) to be used for project costs for Project No:220260-4- 32-01. The DEPARTMENT may utilize this contribution for payment of the costs of the PROJECT. Page 1 of 4 Docusign Envelope ID; AF60AA37-0815-869C-80° JAABOE7588A 10. 11. The DEPARTMENT may, in its discretion, decide to delay or cancel the Project without liability to the DEPARTMENT, if the PARTICIPANT fails to furnish the advance deposit as provided for in Paragraph 6 of this AGREEMENT. If the actual cost of the PROJECT is less than the funds provided, the excess will be applied to other phases of Financial Project No: 220260-4-32-01. The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and shall be made by wire transfer or ACH deposit. The reference line must contain “DOT”, an abbreviated purpose, and the financial project number 220260-4-32-01. For Wiring and ACH Transfers, the instructions are: Department of Financial Services c/o Wells Fargo Bank, N.A. 1 Independent Drive Jacksonville, Florida 32202 Phone: (813) 225-4338 Re: Financial Project No: 220260-4-32-01, Lump Sum Payment Upon completion of the wire transfer or ACH deposit, the PARTICIPANT shall notify the Locally Funded Agreement Section of the DEPARTMENT’s General Accounting Office by calling Morgan Harris at telephone number (850) 414-4861 and providing the financial project number 220260-4-32-01, the dollar amount of the transfer or deposit and the PARTICIPANT’s name. Notices pursuant to this AGREEMENT shall be sent by U.S. Mail to the following: FOR THE PARTICIPANT: CITY OF FORT WALTON BEACH, Florida Jason Davis, City Manager 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 FOR THE DEPARTMENT Florida Department of Transportation Attn: District Three Local Programs Administrator 1074 Highway 90 Chipley, Florida 32428 Phone: (850) 330-1227 The following provisions of Section 339.135(6)(a), F.S., are incorporated: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or Page 2 of 4 Docusign Envelope ID: AF60AA37-0815-869C-80° \AABOE7588A 12. 13. 14. 15. 16. 17. enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained in this agreement and the Parties agree that there are no commitments, agreements or understanding concerning the subject matter of this AGREEMENT that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this AGREEMENT shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained in this AGREEMENT shall be effective unless contained in a written, properly executed document. This AGREEMENT shail not be more strictly construed against either party because one party drafted or prepared any or all of the terms and provisions. This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Florida. This AGREEMENT may be executed in two or more counterparts, each of which shall be an original but all of which shall be deemed to be but one agreement. The PARTICIPANT: (a) Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. This AGREEMENT shall become effective when all