Okaloosa County BOCC — October 15, 2013 — TDD Interlocal Agrmt — reading text

delivery, recognized overnight delivery service, or by first class mail, registered and return receipt requested, to the County as follows: County Administrator Okaloosa County 1804 Lewis Turner Blvd. Suite 400 Fort Walton Beach, FL 32547 As to the District as follows: Chief Kevin Sasser Fire Chief Destin Fire Control District 848 Airport Road Destin, FL 32541 Page 5 of 10 SECTION XV. NO MEMBER LIABILITY 15.1. Neither the members of the governing body of the County, the District, nor any official executing this Agreement, shall be liable personally or shall be subject to any accountability for reason of the execution by the County, the District or any executing authority of the County or the District for any act pertaining thereto. SECTION XVI. FORCE MAJEURE 16.1 A party’s timely performance of its obligations under this Agreement, only to the extent it is specifically affected thereby, shall be suspended, without forfeiture of any performance bond or the incurring of any financial liability, when and only for as long as performance of such obligations is prevented by reasons of any of the following cases: (i) acts of God, including without limitation severe weather events, (ii) operation of law, and (iii) any other event beyond the reasonable control of the party whose performance is affected, to the extent not caused by such party’s willful or negligent acts or omissions, except in those cases where the party could not have reasonably foreseen and reasonably avoided the occurrence. The party affected by any such event shall give written notice thereof to the other party as soon as practicable after it becomes aware of such an event and, to the extent practicable, shall specify the anticipated length of the delay. The affected party shall use reasonable efforts to minimize the impact of that delay on that party’s performance. Neither party shall be liable to the other for damages caused by such events. This provision shall not apply to obligations to make payments under Section IV of this Agreement. SECTION XVII. FILING 17.1. The County and the District are hereby authorized and directed after approval of this Agreement by the County and the District and the execution thereof by the duly qualified and authorized officers of each of the parties hereto, to file this Agreement with the Clerk of the Circuit Court of Okaloosa County, Florida for recording in the public records of Okaloosa County, Florida as provided in Section 163.01(11), Florida Statutes. SECTION XVIII. SOVEREIGN IMMUNITY 18.1 The parties further agree that nothing contained herein is intended to nor shall be construed a waiver of the County or District’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. SECTION XIX. INSURANCE, LIABILITY AND INDEMNIFICATION 19.1 The District shall be an independent contractor in regard to the services provided herein and shall not be deemed to be the agent of the County. Page 6 of 10 19.2 During the term of this Agreement, the District shall have in force general liability insurance with limits of at least $1,000,000.00 per occurrence and $3,000,000.00 aggregate naming the County as an Additional Insured and Certificate Holder covering any liability, claim, damage or lawsuit, excluding claims for a taking of property or inverse condemnation, resulting from the actions of the District or its employees, officers or agents in the performance of its responsibilities under this Agreement. 19.3. The District agrees that it shall be fully responsible for all claims, liabilities, damages, costs, actions, suits or proceedings at law or in equity which may occur as a result of the wrongful or negligent acts of its officers, employees, representatives, and agents. The District shall indemnify and hold the County harmless from any and all liability resulting from the wrongful or negligent acts of officers, employees, representative, and agents. 19.4 Any contractor or consultant engaged by the District for work under this Agreement shall be required to protect, defend, indemnify and hold the District and County harmless from all claims, demands, causes of action or liability resulting from injury to or death of persons or damage to or loss of property sustained as a consequence of the Project and arising from the said contractor’s or vendor’s operations or as a proximate result of the acts or omissions of the contractor, consultant or their employees. Such agreement by the contractor or consultant shall include their indemnification as to any assessment of an administrative fine or penalty by a governmental entity for a violation of conditions of any required permit related to their actions or failure to act in carrying out their contractual duties. The District shall require the provisions of this section to be included in all contracts between the District and its contractors and consultants for work or services to occur under this Agreement. SECTION XX. CONSTRUCTION 20.1 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 of the provision of this Agreement. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA By: Don R. Amunds Its: Chairman Dated: Page 7 of 10 ATTEST: By: Its: Deputy Clerk John R. Dowd *, Its: County Attorney DESTIN Fy By: NL . Thomas Green ts: Chairman Dated: alia lia ATTEST py, ity Adega — Kathryn Wagner Its: District Clerk Approved as to form and legal sufficiency: WUE. rent e ‘Daw. Stuntz Matthews & Jones, LLP Its: District Attorney Page 8 of 10 EXHIBIT A SCOPE OF SERVICES The District shall supply beach safety and lifeguard services within the area between Destin East Pass and the Okaloosa/Walton County Line, excluding Henderson Beach State Park (“Service Area”). Those beach safety and lifeguard services shall include, but not be limited to, beach safety education, patrolling and supervising beach areas from assigned lifeguard locations, patrol vehicle, or vessel; performing rescue and accident prevention activities at the beach and in the open water environment; monitoring and advising beach and water users of local, state and federal laws, rules, and ordinances; providing and coordinating emergency medical and water- rescue activities and emergency response. Such services shall be provided during the following times: 9:00 am to 8:00 pm from Memorial Day to Labor Day; and 9:00 am to 6:00 pm for the remainder of the season, as defined in the first bullet point below. Priority duties include: e The “Season” shall be defined as the period of time beginning the second weekend of March through the second weekend in October. During the season, assess the prevailing surf conditions daily, in accordance with United States Lifesaving Association (“USLA”) and International Life Saving Federation (“ILSF”) standards, determine the appropriate beach safety flag and based on that assessment, change the beach flags to reflect the appropriate color and provide lifesaving services. e Implement the District’s beach safety standard operating guidelines so as to best minimize risk to the public and for the safe and efficient operation of lifeguarding service. e Closely monitoring all aquatic users within designated areas of supervision. e Maintaining a proactive approach to beach and water safety by advising the public, when necessary, of dangers and providing advice to best minimize risk. e Educating the public on beach safety and the beach flag system. e Carrying out the rescue of any person(s) in difficulty and informing other services if and when backup is required. e Carrying out the other duties such as Emergency Medical Response and Minor First Aid, Dry-Land and In-Water Missing Person Searches, and Safety Interventions and Preventive Actions as required prevent/treat death of injury, minimizing risk, and maintaining public safety. Providing written reports of incidents and Daily Activity Reports (DAR’s) for required beach statistics. e Monitoring the condition of lifeguard equipment and repair/replace as necessary. e Undertaking scheduled cleaning and maintenance of surf rescue equipment and facilities on a daily, weekly and monthly basis and repair/replace as needed. e Manage the District’s beach wheelchair program, providing beach wheelchairs at designated locations. Page 9 of 10 Maintain personnel training, curriculum, and equipment standards that meet or exceed the standards established by the United States Lifesaving Association’s Lifesaving Agency Certification Program. Provide an annual comprehensive report to the Department of Public Safety Director that includes, but is not limited to, the following performance measures: (1) the number of personnel used to deliver lifeguard services, (2) the cost of all personnel services, (3) lifesaving activities for the season to include preventative actions and rescues performed, and (4) drowning fatalities in guarded and unguarded areas. The report shall be submitted no later than the end of business on the second (2"’) Friday of November. Page 10 of 10