Fort Walton Beach Resolution — 2023-18 Accepting Grant Funding Coral Creek Nature Trail — reading text

DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 RESOLUTION 2023- 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING GRANT FUNDING THROUGH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF CORAL CREEK NATURE TRAIL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE JOINT AGREEMENT; 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 Coral Creek Nature Trail for the 2023 Legislative Session; and WHEREAS, on September 18, 2023, the Florida Department of Transportation ( FDOT), advised the City of Fort Walton Beach ( City) it had been appropriated funding in the state budget for the Coral Creek Nature Trail 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 $300,000 of the total project cost; and WHEREAS, the City is required to provide matching funds up to $ 300,000 to complete the project; 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 funding and provide authority for the City Manager to execute all necessary documents to obtain and administer the grant for the City to pay for Coral Creek Nature Trail. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WANTON 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 Ex ense Account TBD $ 300,000 Account TBD $ 300, 000 Project: # FDTCOR Project: # FDTCOR DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 RESOLUTION 2023- 18 Section 3. Effective Date. This Resolution shall take effect immediately upon approval by City Council and signature of the Mayor. Adopted: — Qe4cAer Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the City of Fort Walton Beach, only. Kjp& Barnes, City Clerk Kimberly Romano Kopp, City Attorney DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09122 FPN: 453224- 1- 54- 01 Fund: GR24 FLAIR Category: Org Code: FLAIR Obj: FPN Fund: _ FLAIR Category: Org Code: FLAIR Obj: FPN Fund: _ FLAIR Category: Org Code: FLAIR Obj: G2Q28 County No:(57) Okaloosa Contract No: Vendor No: F596000323001 November 13, 2023 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on This date to be entered by DOT only) by and between the State of Florida Department of Transportation, (" Department"), and City_of Fort Walton Beach 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: 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) Section 339.2819 Florida Statutes, Transportation Regional Incentive Program ( TRIP), ( CSFA 55. 026) Specific Appropriation 2042A of Ch. 2023- 239 L. O. F , Local Transportation Project, ( CSFA 55.0391 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 inCi_ty of Fort Walton Beach Coral Creek Nature Trail , 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 October 31, 2024. 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 DocuSign Envelope ID: 4F3C11D1- 19B6- 409B- 9FC5- 798AB66C3206 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010-60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT QW22 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.