Okaloosa County BOCC — March 4, 2014 — Route 33 MOA Signed by Destin — reading text

MEMORANDUM OF AGREEMENT BETWEEN OKALOOSA COUNTY AND THE CITY OF DESTIN TO FUND FIXED ROUTE TRANSIT SERVICE THIS AGREEMENT is made and entered into this _ day of Je 320i, by and between the CITY OF DESTIN, 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 seeks financial participation from the CITY to fund the U.S. Highway 98 fixed transit corridor routes (Routes 30, 32, and 33) that serve the Destin area, and WHEREAS, during its budget hearing, the COUNTY determined that if the needed funds could not-be identified, Route 33 would be eliminated; and WHEREAS, the COUNTY and CITY desire to maintain a system of fixed transit routes for public transportation in and around the CITY and linking with other parts of the COUNTY and surrounding jurisdictions; and WHEREAS, the COUNTY and CITY are agreeable to the cooperative funding of fixed route transit service under the terms and conditions hereinafter set forth. SECTION 1. PURPOSE 1.1 The purpose of this AGREEMENT is to maintain fixed route transit service in the Destin area for the period of time beginning on March 1, 2014 and ending on September 30, 2014. SECTION 2. CITY RESPONSIBILITIES: 2.1 CITY shall provide $38,000 to maintain the current system of U.S. Highway 98 fixed transit corridor routes, including Route 33. Such payment shall be made to COUNTY in the form of a check made payable to the COUNTY no later than thirty (30) days following the signing of this Agreement. SECTION 3. COUNTY RESPONSIBILITIES: 3.1. COUNTY shall utilize the $38,000 solely for the purpose of funding the U.S. Highway 98 fixed transit corridor routes. Any unexpended amount shall be carried over into FY 2015 and used to fund the U.S. Highway 98 fixed transit corridor routes (Routes 30, 32, and 33). SECTION 4. TERM This Memorandum of Agreement shall take effect on upon signing by the Board of County Commissioners and shall remain in effect until September 30, 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 Destin Sarah “Sam” WIS ayor City of Destin ATTEST: Rey Bailey, City Clerk City of Destin The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney € Okaloosa County Kelley Windes, Chairman Board of County Commissioners ATTESI: Don Howard, Clerk of Circuit Court Okaloosa County, Florida