Fort Walton Beach Council agenda — 05-14-13--regular — reading text

Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar, and Valparaiso entered into an Interlocal Agreement for the Distribution of the Six Cents Local Option Gas Tax in accordance with the provisions of Section 336. 025( 3)( a) l of the Florida Statutes; and B. The current Interlocal Agreement expires after a ten ( 10) year period, which is May 30, 2013. C. If the current Interlocal Agreement is allowed to expire, Section 336. 025 of the Florida Statutes dictates the funding distribution methodology, which could result in a reduction of funding for the City of Fort Walton Beach and the other municipalities. D. The proposed Interlocal Agreement continues the current funding distribution calculated in the May 30, 2003 Agreement through December 31, 2014. E. Upon a decision by Okaloosa County whether or not to levy any of the additional five cents local option gas tax, a new funding distribution calculation will be required, along with a new Interlocal Agreement for the additional gas tax. Section 3. Approval of Interlocal Agreement. The City Council of Fort Walton Beach hereby approves the Interlocal Agreement to extend the funding distribution for the Six Cents Local Option Gas Tax to December 31, 2014. Section 4. Authorization.  11 RESOLUTION ( ID # 2352) The Mayor is hereby designated and authorized to execute any documents related to the tnterlocal Agreement. Section 5. Effective Date. This Resolution shall take effect immediately upon approval by the City Council. Mike Anderson, Mayor Attest: Approved for foam, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney  F11 .2. a This AGREEMENT, made and entered into this day of May, 2013, 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. To the extent permitted by law, Municipalities and County hereto agree to indemnify and hold rn harmless each other for any and all damages arising out of their respective negligence regarding Sv the performance of this Agreement. m X SOVEREIGN IMMUNITY: we Nothing in this Agreement shall be deemed a waiver of immunity or a limitation of liability of n any of the governmental parties hereto beyond any statutory limited waiver of immunity or ` o 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: A All applicable local and state laws, rules, and regulations shall govern the Municipalities and the o County. Venue for any action arising out of this Agreement shall lie in Okaloosa County. ' a 0 SEVERABILITY: u 0 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. tjx CONSTRUCTION: w 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 v 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 provision of this Agreement. nU AUTHORITY: ° a The execution of this Inter-local 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 r Agreement shall bind the successors, assigns, and legal representatives of the parties. cv PacketP9. 84  11. 2.. 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 Ordinance Nos. 87 -13 and 03 -14 shall be divided among and distributed to the County and eligible Municipalities in Okatoosa 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 0. 4252% Crestview 8. 6734% Destin 8. 7925% Fort Walton Beach 10. 8840 Laurel Hill 0. 5102% 2. 2109% Mary Esther Niceville 4. 8463 % Shalimar 0. 6803 % Valparaiso 2. 9762% Okaloosa County 600000 % AMENDMENTS: This Agreement may be modified only by the mutual written consent of all parties This Agreement and any amendments hereto, shalt be filed with the Clerk of the Circuit Court for Okaloosa County, Florida, as required by Section 163. 01( 11), Florida Statutes. This Agreement shall be effective for the distribution of the six cents local option gas tax through the 2014 calendar year 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. OKALOOSA COUNTY, FLORIDA M Chairman ATTEST: Clerk of Circuit Court  F- 1 1. 2. a TOWN OF CINCO BAYOU, FLORIDA By: Mayor ATTEST: City Clerk CITY OF CRESTVIEW, FLORIDA By: Mayor ATTEST: City Clerk CITY OF DESTIN, FLORIDA By: Mayor ATTEST: City Clerk CITY OF FORT WALTON BEACH, FLORIDA By: Mayor ATTEST: City Clerk CITY OF LAUREL HILL, FLORIDA By: Mayor ATTEST: City Clerk  11. 2. a CITY OF MARY ESTHER, FLORIDA 0 Mayor ATTEST: City Clerk CITY OF NICEVILLE, FLORIDA wm Mayor ATTEST: City Clerk TOWN OF SHALIMAR, FLORIDA 31 Mayor ATTEST: City Clerk CITY OF VALPARAISO, FLORIDA By: Mayor ATTEST: City Clerk  Ilk F 11. 2. b 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. 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 n 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 m for the purpose of allowing any claim which would otherwise be barred under the Doctrine of m Sovereign Immunity or by operations of law. t0 GOVERNING LAW: 0 S All applicable local and state laws, rules, and regulations shall govern the Municipalities and the o County. Venue for any action arising out of this