Okaloosa County BOCC — September 3, 2013 — Crestview Fixed Route Signed Memorandum of Agreement 90 Day Funding — reading text

MEMORANDUM OF AGREEMENT BETWEEN OKALOOSA COUNTY AND THE CITY OF CRESTVIEW FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICE THIS AGREEMENT is made and entered into this Sth day of November _, 2013, by and between the CITY OF CRESTVIEW, FLORIDA, (hereinafter referred to as “CITY”), and OKALOOSA COUNTY, FLORIDA (hereinafter referred to as “COUNTY”). WHEREAS, as provided in Chapters 125 and 166, Florida Statutes, the parties hereto have the common power to provide and operate public transportation systems; and WHEREAS, through a contracted, not-for-profit transit company, the COUNTY operates a system of public transit routes in certain incorporated and unincorporated areas using a combination of federal, state, and local funds and maintains said systems in accordance with all applicable local, state, and federal guidelines, and WHEREAS, due to budgetary constraints, the COUNTY can no longer by itself provide the required local funds to match the state and federal funds with which the fixed transit routes are funded, and has in its FY 2014 budget eliminated two fixed routes (Route 11 and Route 12) that serve the Crestview area, with the proviso that these routes may be restored if the CITY provides half of the local match required to operate these routes; and WHEREAS, the COUNTY and CITY desire to maintain a system of fixed bus routes for the provision of public transportation in and around the CITY and linking with other parts of the COUNTY; and WHEREAS, the COUNTY and CITY are agreeable to providing funds for fixed route transit service under the terms and conditions hereinafter set forth. SECTION |. PURPOSE 1.1 It is the purpose of this AGREEMENT to provide funding for the provision of fixed route transit service in the Crestview area for the period of time beginning on November 4, 2013 and ending on February 2, 2014. 1.2 It is understood by the parties hereto that a subsequent agreement with additional funds shall be needed to continue fixed route service following the termination of this AGREEMENT. SECTION 2. CITY RESPONSIBILITIES: 2.1 CITY shall provide $13,125 which it will use as its contribution of local funds for the operation of Routes 11 and 12 as shown in Exhibit “A.” Such payment shall be made to COUNTY in the form of check made payable to the Okaloosa County Board of County Commissioners within one week of the signing of this Agreement. 2.2 CITY shall assist the COUNTY in evaluating the effectiveness of Routes 11 and 12, and shall participate in any discussions or efforts to alter these routes to provide more effective service. The CITY acknowledges that alterations of routes must be done in compliance with the COUNTY’S adopted transportation policies, including public notification requirements. 2.3 CITY shall direct questions or concerns regarding the operation of Routes 11 and 12 to the COUNTY as the Operator’s contract is with the COUNTY. SECTION 3. COUNTY RESPONSIBILITIES: 3.1. COUNTY shall provide $13,125 which it will use as its contribution of local funds for the maintenance of Routes 11 and 12 as shown in Exhibit “A.” 3.2. COUNTY shall, with the assistance of the CITY, evaluate the effectiveness of Routes | 1 and 12, and shall cause these routes to be altered if, with concurrence of CITY, such alterations are projected to increase the efficiency of the routes. The COUNTY acknowledges that alterations of routes must be done in compliance with the COUNTY’S adopted transportation policies, including public notification requirements. SECTION 4. TERM This Memorandum of Agreement shall take effect upon November 5, 2013, and shall remain in effect until February 2, 2014. SECTION 5: LIABILITY: Pursuant to section 768.28, Florida Statutes, each party shall insure its interest against any and all damages, losses or claims, including, but not limited to, legal fees and expenses, to the extent that such damages, losses or claims are attributable to actions, omissions or negligence arising from the terms or existence of this agreement. Further, nothing in this agreement shall be deemed a waiver of immunity of limits of liability by either the City or County, including their supervisors, officers, agents and employees and independent contractors, beyond any statutory limited waiver of immunity or limits of liability and nothing in this agreement shall inure to the benefit of any third party for the purpose of allowing any damage, loss, or claim which would otherwise be barred by the parties’ rights so sovereign immunity or by operation of law. IN WITNESS WHEREOF, the parties have caused their hand to be set by their respective authorized officials hereto as of the date and year first above written. City of Crestview , - Vt a, par adhe David Cadle, Mayor City of Crestview ATTEST: Bhi bed Zn Leary Elizabeth | Roy, City Clerk City of Crestview The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney Ghose Lhe Okaloosa County Donald R. Amunds, Chairman Board of County Commissioners ATTEST: Don Howard, Clerk of Circuit Court Okaloosa County, Florida