Okaloosa County BOCC — July 21, 2016 — I. k. OIFD Interlocal

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 21, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: OIFD Interlocal for Fire Protection & Training STATEMENT OF ISSUE: Request approval for an interlocal agreement with the Okaloosa Island Fire District for the provision of fire protection and training services. BACKGROUND: Fire protection services and staff training promote safety and encourage enjoyment of the Emerald Coast Convention Center. The Okaloosa Island Fire District (OIFD) has the qualifications, experience, and resources to perform the desired services. OIFD currently provides these services, but it would be preferable to have a contract in place rather than entering a requisition each time services are needed. Pursuant to section E.200 of the TDD Manual, the Council shall review and provide a recommendation for all proposed contracts requiring Board approval. OPTIONS: Approve or Deny RECOMMENDATION TO BCC: Approve an interlocal agreement with the Okaloosa Island Fire District for the provision of fire protection and training services.  Section 12. Entire Agreement. This Agreement represents the entire understanding between the parties with respect to the undertakings covered hereunder and there are no oral or collateral agreements with respect thereto between the parties. Section 13. Governing Law and Venue. The validity, construction and performance of this Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Okaloosa County, Florida. Section 14. Construction. The parties acknowledge and agree that this Agreement has been drafted jointly by the parties and that no uncertainty or ambiguity as to the proper application or interpretation of the Agreement or any term herein is to be construed against either party as the drafter of the Agreement. Section 15. Assignment. This Agreement shall not be assigned except by written consent of the parties. Section 16. Indemnification. A) Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, the District shall indemnify and hold harmless the County from and against any and all third party claims, demands, damages, losses, and expenses, including attorney’s fees and costs, arising out of the County’s participation in this Agreement, except for those claims, demands, damages, losses, and expenses arising out of the County’s negligence, malfeasance, nonfeasance, or misfeasance. B) Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, the County shall indemnify and hold harmless the District from and against any and all third party claims, demands, damages, losses and expenses, including attorney’s fees and costs, arising out of the District’s participation in this Agreement, except for those claims, demands, damages, losses and expenses arising out of the District’s negligence, malfeasance, nonfeasance, or misfeasance. Section 17. Severability. If any portion of the Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either party, is for any reason held or declared to be invalid or unenforceable, such determination shall not affect the remaining portions of this Agreement. If this Agreement or any portion of this Agreement is held or declared to be inapplicable to any person, property or circumstance, such determination shall not affect its applicability to any other person, property or circumstance. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Agreement on the date and year first above written.