Okaloosa County BOCC — April 21, 2015 — Signed Transit MOA - Niceville — reading text

October 1 and ending September 30 each year. The 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 reviewed and recommendations shall be made by the Cooperative Board and shall be forwarded to the Board of County Commissioners for inclusion in the County’s budget. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County’s independent audit annually, which audit shall be presented to the Cooperative 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 transit funds. Reports shall include quarterly revenues by source and expenditures, year-to-date expenditures, and the balance for the fiscal year. The form will be determined by the Cooperative. 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. APPROPRIATION OF PARTICIPATING MEMBER FUNDS: The members of the Cooperative shall establish a methodology for determining the appropriate contribution for operating the transit system. The methodology will be presented to each governing body signatory to this Agreement which the methodology indicates should contribute to the system. Upon approval of the methodology by the contributing jurisdictions, this Agreement shall be amended to include the methodology. 12. 13. 14. 15. 16. 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. 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. 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. 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. 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 CITY CLERK CITY MANAGER CITY MANAGER City of Crestview City of Destin City of Fort Walton Beach P. O. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway SW Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32548 CITY OF MARY ESTHER OKALOQOSA 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 CITY OF LAUREL HILL TOWN OF SHALIMAR CITY OF VALPARAISO CITY CLERK MAYOR MAYOR P.O. Box 158 2 Cherokee Road 465 Valparaiso Parkway Laurel Hill, FL 32567 Shalimar, FL 32579 Valparaiso, FL 32580 CITY OF NICEVILLE MAYOR 208 N Partin Dr. Niceville, FL 32578 17. EFFECTIVE DATE: This Agreement shall become effective between parties as it is approved and executed by each. 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 , 2015 CITY OF DESTIN ATTEST: Mayor, City of Destin (Title): This day of , 2015 CITY OF FORT WALTON BEACH ATTEST: Mayor, City of Fort Walton Beach (Title): This day of , 2015 CITY OF NICEVILLE Mayor, City of Niceville (Title): QJZL/ GM This 4 7hday of /Wflwfi_ , 2015 CITY OF MARY ESTHER ATTEST: Mayor, City of Mary Esther (Title): This day of , 2015 TOWN OF CINCO BAYOU ATTEST: Mayor, Town of Cincoc Bayou (Title): This day of , 2015 TOWN OF SHALIMAR ATTEST: Mayor, Town of Shalimar (Title): This day of , 2015 CITY OF LAUREL HILL ATTEST: Mayor, City of Laurel Hill (Title): This day of , 2015 CITY OF VALAPARAISO ATTEST: Mayor, City of Valparaiso (Title): This day of , 2015 OKALOOSA COUNTY ATTEST: (Title): Chairman, Okaloosa County Board of County Commissioners This day of , 2015 Approved as to Form County Attorney