HomeMy Public PortalAboutInter-local Agreement Local Option Gas Tax RevINTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE
MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH,
LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR
THE DISTRIBUTION OF THE LOCAL OPTION GAS TAX REVENUES
This AGREEMENT, made and entered into this 17th day of September, 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 all local option
gas taxes required to be shared with the municipalities in accordance with the provisions of
Section 336.025, 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.
SOVEREIGN IMMUNITY:
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 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:
All applicable local and state laws, rules, and regulations shall govern the Municipalities and the
County. Venue for any action arising out of this Agreement shall lie in Okaloosa County.
SEVERABILITY:
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.
CONSTRUCTION:
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
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.
AUTHORITY:
The execution of this Interlocal 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
Agreement shall bind the successors, assigns, and legal representatives of the parties.
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 of the first local
option gas tax imposed in accordance with Ordinance Nos. 87-13 and 03-14 and up to five cents
of the second local option gas tax imposed by the County shall be divided among and distributed
to the County and eligible Municipalities in Okaloosa County for the purposes as set forth in
Section 336.025, Florida Statutes, by the Florida Department of Revenue as follows:
RECIPIENT
Cinco Bayou
Crestview
Destin
Fort Walton Beach
Laurel Hill
Mary Esther
Niceville
Shalimar
Valparaiso
Okaloosa County
SHARE OF PROCEEDS
0.3828 %
7.8062 %
7.9133 %
9.7956 %
0.4593 %
1.9899 %
4.3618 %
0.6124 %
2.6787 %
64.0000 %
AMENDMENTS:
This Agreement may be modified only by the mutual written consent of a minimum of 75% of
the total population of the Municipalities and may be reopened for negotiation of the funding
distribution at any time during the term of the Agreement.
This Agreement and any amendments hereto, shall 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 local option gas taxes required to be
shared with the municipalities for a ten (10) year period through the 2023 calendar year, or until
recalculated by the County or the Municipalities based on the transportation expenditures of the
immediately preceding five (5) years pursuant to the provisions of Section 336.025, Florida
Statutes, whichever first occurs. All parties agree to provide a certification of their transportation
expenditures prepared by their auditors if requested for a recalculation of the distribution
formula.
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
Chairman
ATTEST:
i
lerk Ci cuit Court
TOWN OF CINCO BAYOU, FLORIDA
By:
Mayor
CITY OF CRESTVIEW, FLORIDA
By:
ST:
City lerk
CITY OF DSTIN, FLO
By:
ATTEST:
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City Clerk
CITY OF FORT WAL ON BEACH, FLORIDA
By:
City Clerk
Mayor
CITY OF LAUREL HILL, FLORIDA
By: 2
ATTEST:
City Clerk
Mayor
ATTEST:
City Clerk
ATTEST:
City Clerk
I\ _A
CITY OF MARY ESTHER, FLORIDA
By:
(0,4 "(Li=. (62_
Mayor
CITY OF NICEVILLE, FLORIDA
By:
Mayor
TOWN OF S • LIMAR, FLORIDA
By'� �1111%
Mayor
CITY OF C ALPARAISO, A
By:
Mayor