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

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