Okaloosa County BOCC — October 21, 2014 — Memorandum of Agreement Establishing Transit Co-op 2 — reading text

Memorandum of Agreement Establishing an Okaloosa County Public Transit Cooperative This Memorandum of Agreement (the “Agreement”) is entered into between Okaloosa County, (the “County”) and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, Cinco Bayou, Laurel Hill, and Shalimar, (the “Participating Municipalities”) each a municipal corporation located in Okaloosa County; WHEREAS Part I of Chapter 163, Florida Statutes, more commonly known as The Florida Interlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and that a joint exercise of power by such agencies may be made by contract in the form of an interlocal agreement; and WHEREAS, section 125.01(f), Florida Statutes, and its home rule powers, authorizes the County to provide public transportation service; and WHEREAS, section 166.021(1), Florida Statues, pursuant to its home rule powers, authorizes municipalities to render municipal services, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the County and the Participating Municipalities desire to jointly enter into an agreement to provide public Transit services that will serve both incorporated as well as unincorporated areas within Okaloosa County; and WHEREAS, Okaloosa County has been designated as the Community Transportation Coordinator for receipt of state and federal transit funds. NOW THEREFORE, the parties do agree as follows: Page 1 of 11  Section 1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this Interlocal Agreement, in the operation of a public transit cooperative (the “Cooperative”) in Okaloosa County. In particular, it is the express purpose of the Agreement to provide for the coordination of fixed route transit service throughout the legal service area of the Cooperative as provided herein and to formulate and implement consistent plans, programs, policies and procedures in the operation, maintenance and development of Transit service throughout the legal service areas of the participating entities. Section 2. DEFINITIONS: a) “Cooperative” shall mean the Okaloosa County Public Transit Cooperative. b) “Cooperative Coordinator” shall mean the employee of the County or Participating Municipalities who serves as the Transit Coordinator and Grants Manager for the Community Transportation Coordinator as provided in Section 427.0155, Florida Statutes. c) “County” shall mean Okaloosa County, a political subdivision of the State of Florida. d) “Cinco Bayou” shall mean the Town of Cinco Bayou, a municipal corporation located in Okaloosa County, FL. e) “Crestview” shall mean the City of Crestview, a municipal corporation located in Okaloosa County, FL. f) “Destin” shall mean the City of Destin, a municipal corporation located in Okaloosa County, FL. g) “Fiscal Year” shall mean budget year October 1-September 30. h) “Fixed Assets” is defined by the county as all property with value of $1,000 or more purchased under the equipment control account, as amended from time to time. Fixed Assets shall be in accordance with Board directives, Florida Statutes, and the Rules of the Auditor General. i) “Fort Walton Beach” shall mean the City of Fort Walton Beach, a municipal corporation located in Okaloosa County, FL. j) “Governing Board” shall mean the governing body of the Okaloosa County Public Transit Cooperative as empowered pursuant to the Agreement. k) “Laurel Hill” shall mean the City of Laurel Hill, a municipal corporation located in Okaloosa County, FL l) “Mary Esther” shall mean the City of Mary Esther, a municipal corporation located in Okaloosa County, FL. m) “Niceville” shall mean the City of Niceville, a municipal corporation located in Okaloosa County, FL. n) “Participating Governing Bodies” shall mean the governing body of Okaloosa County and the governing bodies responsible for the decision and policy making activities of Participating Municipalities. o) “Valparaiso” shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL. Page 2 of 11  Section 3. This Agreement shall constitute the entire agreement of the parties hereto regarding the Cooperative. There are no promises, representations, or warranties other than those set forth herein. This Agreement shall be binding upon the parties and successors in interest, in accordance with its terms. Modifications or amendments of the Agreement shall be binding and valid when submitted in writing and approved by each Participating Governing Body and by the Governing Board, and executed on behalf of each Participating Governing Body and the Governing Board. Section 4. TERMS: The term of this Agreement shall commence and be effective on the date the last party signs the agreement or by _____________, 2015 whichever occurs first, and shall terminate on September 30, 2015 unless terminated prior to this date in accordance with the provisions of the Agreement. This Agreement shall be automatically renewed on a year to year basis unless the terminated as set for therein. Section 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from the Cooperative established by the Agreement, and thereby terminate its rights and responsibilities under the Agreement. The termination and withdrawal shall be effective on the next succeeding September 30, and shall be accomplished by the giving of written notice of the withdrawal and termination to the Governing Board and to each Participating Governing Body on or before June 1 prior to the September 30 effective date of termination. Section 6. ADDITION OF NEW MEMBERS: a) Any municipality within Okaloosa County that meets the following minimum standards may become a party to the Agreement and a member of the Okaloosa County Public Transit Cooperative: (1) Be administered by a governing board responsible for the decision and policy making activities of the entity. (2) Have an annual budget capable of sustaining participation in the Transit cooperative as determined by the Governing Board. (3) Submit a letter of intent for formal membership to the Okaloosa County Public Transit Cooperative Governing Board prior to May 1 of the current fiscal year and obtain approval by each Participating Governing Body and execution and delivery of a counterpart original of the Agreement (as then in force), prior to August 1 of the current fiscal year. Page 3 of 11  b) Upon satisfaction of these conditions, the proposed new participant shall become a party to the Agreement and a member of the Okaloosa County Public Transit Cooperative effective the next succeeding October 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating Governing bodies under this Agreement. Section 7. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Transit Cooperative Board (the “Governing Board”). Each Participating Governing Body shall appoint one of its members to the Governing Board; the Board of County Commissioners shall appoint one of its members to represent the unincorporated area of the county. Each Participating Governing Body shall designate at least one alternate representative to act on its behalf during any absence. The Chairman of the Governing Body shall be the member appointed by the County. The Cooperative Coordinator shall be an ex officio (non-voting) member of the board. The Governing Board members will not be paid a salary or wages. The Governing Board serves as the governing body for the Cooperative and has the following powers, duties and responsibilities: a) Managing the affairs of the Cooperative. b) Bylaws will be established by the Governing Board. c) There will be six or more open public meetings a year of the Governing Board. d) Review the operation of the public transit system and, as it may deem appropriate, recommend changes to the Board of County Commissioners regarding routes, stops, or other components of the fixed route system. e) Participate in the funding of public fixed-route transportation as provided herein. Section 8. STAFFING: The Cooperative Coordinator shall be hired by the County and shall have the following minimal qualifications: Bachelor’s degree in with major course work in transportation planning, municipal planning, engineering, business or public administration or a related field; supplemented by a minimum of three (3) years progressively responsible planning experience in public or private transit system management, transit operations or transportation planning; Master’s degree with two (2) years professional experience may substitute for the above requirements. The Cooperative Coordinator shall be an employee of Okaloosa County, with compensation and benefits in accordance with County policy. Section 9. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The Cooperative Coordinator shall have the following powers, duties and responsibilities: a) Serves as an integral part of local and regional transportation teams which advise the Okaloosa County Growth Management Director on regional public transportation Page 4 of 11  issues. b) Directs and coordinates the development of short and long range transit system plans and improvements. c) Plans, directs and coordinates public transportation activities. d) Identifies transportation issues, formulates alternatives and prepares recommendations for action, assures compliance with various planning requirements and regulations, participates in area transportation planning activities, oversees the development of transit improvement plans and provides Countywide technical support for public transit planning activities. e) Directs the preparation of capital and operating grants and oversees all transportation related grant activity including seeking funding sources. f) Prepares and assists in the preparation of Board of County Commission reports related to transit, and other local, regional, and federal technical and special reports. g) Makes presentations to the Board of County Commission as required and conducts special studies in response to policy issues raised by the County Administrator or the Board. h) Participates in the preparation, administration and monitoring of all transit finances including operating budget, capital improvements, accounting and the Capital Improvement Program through the TPO. i) Provides input for National Database reporting, TEAM and Safety and Security