Okaloosa County BOCC — May 15, 2013 — 5-2003 Interlocal Agreement Distribution 6 cent gas tax — reading text

INTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR THE DISTRIBUTION OF THE SIX CENTS LOCAL OPTION GAS TAX This AGREEMENT, made and entered into this 30th day of May, 2003, by and among OKALOOSA COUNTY, a political subdivision of the State of Florida, hereinafter called “County”, and the Municipalities of CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO, hereinafter called the “Municipalities”, for the distribution of the six cents local option gas tax in accordance with the provisions of Section 336.025(3)(a)1., Florida Statutes. INDEMNIFICATION: | To the extent permitted by law, Municipalities and County hereto agree to indemnify and hold harmless each other for any and all damages arising out of their respective negligence regarding the performance of this Agreement. SOVEREIGN IMMUNITY: Nothing in this Agreement shall be deemed a waiver of immunity or a limitation of liability of any of the governmental parties hereto beyond any statutory limited waiver of immunity or limitation of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operations of law. GOVERNING LAW: All applicable local and state laws, rules, and regulations shall govern the Municipalities and the County. Venue for any action arising out of this Agreement shall lie in Okaloosa County. SEVERABILITY: If any provision hereof is in conflict with any applicable statute, rule, regulation or is otherwise unenforceable, then such provision shall be null and void to the extent of such conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. CONSTRUCTION: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. Page 1 of 4 Original 1 of 10 AUTHORITY: The execution of this Interlocal Agreement has been duly authorized by the appropriate official action of each party hereto, each party has complied with all requirements of law, and each party has full power and authority to comply with the terms and provisions of this Agreement. This Agreement shall bind the successors, assigns, and legal representatives ofthe parties. In consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, for the mutual benefit of the Municipalities, their constituents and the County, and its constituents, it is agreed that the six cents local option gas tax imposed in accordance with Ordinances Nos. 87-13 and 03-14 shall be divided among and distributed to the County and eligible municipalities within Okaloosa County for the purposes of transportation expenditures as set forth in Section 336.025, Florida Statutes, by the Florida Department of Revenue as follows: RECIPIENT SHARE OF PROCEEDS Cinco Bayou A252 % Crestview 8.6734 % Destin 8.7925 % Fort Walton Beach 10.8840 % Laurel Hill 5102 % Mary Esther 2.2109 % Niceville 4.8463 % Shalimar .6803 % Valparaiso 2.9762 % Okaloosa County 60.0000 % AMENDMENTS: This Agreement may be modified only by the mutual written consent of all parties. This Agreement and any amendments hereto, shall be filed with the Clerk of the Circuit Court for Okaloosa County, Florida, as required by Section 163.01(11), Florida Statues. This Agreement shall be effective for a period of ten years or until recalculated as required pursuant to the provisions of Section 336.025, Florida Statutes. IN WITNESS WHEREOF, the County and the Municipalities have caused this Agreement to be duly executed and entered into on the date first above written. gout your ssi CMR CU pM, (SEAL) EEO AS ATTEST: z < 1, BS Ft yo 4X Haw }. Ssecfod “90 _——n Page 2 of 4 Original 1 of 10 Clerk of Circuit Court TOWN OF CINCO BAYOU By” Lh fan Oo Lovee Mayor (SEAL) aw) LD Le) ee Clerk CITY OF CRESTVIEW ayor (SEAL) ATTEST: Prk MM. Widens “Depicy City Clerk CITY OF DESTIN 7 By: hoa , a re Mayor =. (SEAL) ATI PEST: Lids ib Axbat City Clerk / CITY OF FORT WALTON BEACH By: ORoxds CSS lesen) Mayor (SEAL) ( ATTEST: "City a7 Page 3 of 4 Original 1 of 10 ITY OF LAUREL HI ( te LY (SEAL) ATTEST: p ys y) ‘ wa A eee ie eee ee are City Clefk CITY OF MARY ESTER By: CZ ba Mayor (SEAL) ae Ryn MA) City Clerk CITY OF NICEVILLE by: (ann Dete Wine Mayor (SEAL) ‘ i 5 City Clete © TOWN OF SHALIMAR By: Ltn Serb? \ 7 Mayor (SEAL) ao ity Clerk ARASO By: hin \ Mayor al (SEAL) ATTEST: = Uenee | ity Clerk Page 4 of 4 Original 9 of 10