Okaloosa County BOCC — October 7, 2014 — Draft 2014 Transit Co-op MOU as Attachment for October 2014 BCC Letters to Cities

Memorandum of Agreement Establishing an Okaloosa County Public Transit Cooperative This Agreement is entered into among Okaloosa County, hereinafter referred to as the “County,” and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, Cinco Bayou and Shalimar, hereinafter referred to as “Participating Municipalities,” each a municipal corporation located in Okaloosa County, WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, 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, Chapter 125, Florida Statutes, subsection 125.01(f), authorizes the County to provide public transportation service; and, WHEREAS, Chapter 166, Florida Statues, subsection 166.021(1), authorizes municipalities to render municipal services, and exercise any power for 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 cooperate in a agreement to provide public Transit services that will serve both incorporated as well as unincorporated areas; and, WHEREAS, Okaloosa County has been designated as the Community Transportation Coordinator for receipt of state and federal transit funds. THEREFORE, the parties agree as follows: 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 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; to provide for equal access to public Transit service in the Cooperative service area; 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. 1 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) “Mary Esther” shall mean the City of Mary Esther, a municipal corporation located in Okaloosa County, FL. l) “Niceville” shall mean the City of Niceville, a municipal corporation located in Okaloosa County, FL. m) “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. n) “Valparaiso” shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL. 3. This Agreement shall constitute the entire agreement of the parties hereto regarding the Okaloosa County Public Transit 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. 4. TERMS: The term of this Agreement shall commence and be effective on the date the last 2  party signs the agreement or by _____________, 2014 whichever comes first, and shall end or be renewed December 31, 2014 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision. Recognizing the Agreement crosses two fiscal years (FY2014 and FY2015) but monetary allocation is distributed in FY2014, the allocation for FY2015 will be based upon future appropriation by the Participating Governing Bodies. 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 December 31, 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 August 1 prior to the December 31 effective date of termination. 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. 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 January 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. 7. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Transit Cooperative Board hereinafter called 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 member to represent the unincorporated area of the county. Each Participating Governing Body shall designate at least one alternate 3  representative to act on its behalf during any absence. The office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall be an ex officio (non-voting) member of the board. Board members will not be paid a salary or wages, but may be reimbursed for travel and per diem expenses in accordance with section 112.061, Florida Statutes. The Governing Board serves as the governing body for the Transit 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 routes, stops, or other components of the fixed route system. e) Participate in the funding of public fixed-route transportation as provided herein. 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. 9. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The following activities, as a minimum, shall be as follows: a) Serves as an integral part of local and regional transportation teams which advise the Director on regional public transportation 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 4  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 reporting. j) Assures departmental compliance with local, state, regional and federal transportation and transit planning requirements and regulations. k) Coordinates with the Clerk of Courts, Finance and Contract staffs to ensure accurate accounting of all transit revenues and expenditures. l) Directs preparation of all invoices for federal, state and local funding sources. m) Oversees efforts to develop transit improvement plans; updates the County’s Transit Development Plan, Title VI Civil Rights and DBE reports as required by state and/or federal authorities. n) Participates on government planning committees and citizen committees. o) Addresses public groups and attends professional meetings. p) Develops new service concepts. q) Participates in contract negotiations, audits and federal grants and third-party contracts and in the development of cost allocation plans. r) Directs and participates in the preparation of government purchasing documents (RFPs and bids) for transit service contracts; oversees administration of professional transit service contracts for bus service and maintenance, transit facility maintenance, capital project design and construction and other regional and local transit related contracts. 10. ANNUAL BUDGET: The budget shall be developed along a fiscal year beginning October 1 and ending September 30 each year. The Cooperative budget shall be developed by the Cooperative Coordinator and shall take into account funds received from the Participating members, state, and federal governmental sources, and all other revenue sources received to provide Transit service. The budget shall be adopted by the Cooperative Governing Board and shall be forwarded to the Board of County Commissioners for inclusion in the County’s budget. 11. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County’s independent audit annually, which audit shall be prepared and presented to the Governing Board. Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, within thirty (30) days following the previous period a written quarterly report regarding the use and expenditure of funds under the control of the Cooperative. Reports shall include quarterly revenues by source and expenditures by 5  object code, year-to-date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. Upon request, the governing body of each Participating Member shall furnish to the Cooperative Coordinator, within thirty (30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they relate to transit functions, under the control of the Participating Governing Body. 12. APPROPRIATION OF PARTICIPATING MEMBER FUNDS: The County and each Participating Municipality shall contribute an amount based on _to be decided by participating jurisdictions_during MOU development___________ . In addition, any annually-recurring costs borne by a municipality that directly support the operations of the fixed route transit system (e.g., provision of office space) may be included as part of that participant’s contribution. One-time capital costs (e.g., installation of a shelter or stop) shall not be included. Nothing herein shall prohibit any Participating Member from seeking private contributions to assist in the funding of transit operations. The responsibility for, and timing of application of such funds as part of the Participating Member’s contribution, shall be at the discretion of the Participating Member who receives such funds. 13. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING MEMBERS: Participating Members shall abide by all state and federal laws, and specifically those relating to the provision of Transit services. 14. SOVEREIGN IMMUNITY: The parties further agree that nothing contained herein is intended to nor shall be construed a waiver of any Members rights and immunities under Florida Constitution, common law, or Florida Statutes 768.28 as amended from time to time. 15. INSURANCE: The Cooperative and Participating Governing Bodies shall provide, pay for, and maintain in force at all times during this Agreement insurance to cover its respective buildings, contents and vehicles, workers’ compensation, liability and any other insurance required by law. 16. MODIFICATION OF AGREEMENT: Modifications, amendments, or alteration of the terms or conditions contained herein shall be effective when submitted in a written document executed by the parties hereto, with the same formality, and of equal dignity herewith. 17. NOTICE: All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by any party to the other, shall be deemed to have fully given or made or sent when in writing and addressed to: CITY OF CRESTVIEW CITY OF DESTIN CITY OF FORT WALTON BEACH MAYOR CITY MANAGER CITY MANAGER 6 City of Crestview City of Destin City of Fort Walton Beach P. O. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32549 CITY OF MARY ESTHER OKALOOSA COUNTY TOWN OF CINCO BAYOU CITY MANAGER COUNTY ADMINISTRATOR TOWN CLERK City of Mary Esther 1804 Lewis Turner Blvd. Town of Cinco Bayou 195 Christobal Road Suite 400 10 Yacht Club Drive Mary Esther, FL. 32569 Fort Walton Beach, FL. 32547 Cinco Bayou, Florida 32548 18. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. If any provision herein is invalid, it shall be considered deleted therefore, and shall not invalidate the remaining provisions. 19. GOVERNING LAW: The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and nowhere else. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF CRESTVIEW ATTEST: _________________________________ Mayor, City of Crestview (Title): This day of _______________, 2014 CITY OF DESTIN ATTEST: _________________________________ Mayor, City of Destin (Title): _____________________________ This ____ day of ______________, 2014 CITY OF FORT WALTON BEACH ATTEST: _____________________________ _________________________________ 7  Mayor, City of Fort Walton Beach (Title): _____________________________ This day of _______________, 2014 CITY OF NICEVILLE ATTEST: _____________________________ _________________________________ Mayor, City of Niceville (Title): _____________________________ This ____day of _______________, 2014 CITY OF MARY ESTHER ATTEST: _____________________________ _________________________________ Mayor, City of Mary Esther (Title): _____________________________ This ____day of _______________, 2014 TOWN OF CINCO BAYOU ATTEST: ____________________________ _________________________________ Mayor, Town of Cinco Bayou (Title): ____________________________ This ____ day of ______________, 2014 TOWN OF SHALIMAR ATTEST: ____________________________ _________________________________ Mayor, Town of Shalimar (Title): ____________________________ This ____ day of ______________, 2014 8 OKALOOSA COUNTY ATTEST: _____________________________ _________________________________ Chairman, Okaloosa County Board of County Commissioners (Title): _____________________________ This ____ day of ______________, 2014 Approved as to Form _________________________________ County Attorney 9