Okaloosa County BOCC — September 24, 2015 — Agenda Packet — reading text

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 consent of the parties. Section 16. Indemnification. Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, both parties shall indemnify and hold harmless the other from and against any and all third party claims, demands, damages, losses, and expenses, including attorney’s fees and costs, arising out of this Agreement, except for those claims, demands, damages, losses, and expenses arising out of the other party’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. Page 3 of 5 Packet Pg. 70  1.h.a CITY OF FORT WALTON BEACH By: _______________________________________ Mike Anderson, Mayor Attachment: I. h. City of FWB Interlocal for Museum (4778 : City of FWB Agmt for Museum Exhibit (Charlotte Dunworth)) Dated: _____________________________________ ATTEST: By: _______________________________________ Kim Barnes, City Clerk BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA By: _______________________________________ Nathan D. Boyles, Chairman Dated: __________________________ ATTEST: By: _______________________________________ J.D. Peacock, II Clerk of the Circuit Court Page 4 of 5 Packet Pg. 71  Page 5 of 5 EXHIBIT A SCOPE OF SERVICES 1.h.a Packet Pg. 72 Attachment: I. h. City of FWB Interlocal for Museum (4778 : City of FWB Agmt for Museum Exhibit (Charlotte Dunworth))  1.h.a 1.a.a Packet PacketPg. Pg.73 3 Attachment: Attachment: I. h. City I.a. of FWBFWB Museum Interlocal Request for Museum (4184 : (4778 Heritage Park : City of & FWB Cultural Agmt for Center Museum Funding Exhibit Request (Charlotte (Gail Meyer)) Dunworth))  1.h.a 1.a.a Packet PacketPg. Pg.74 4 Attachment: Attachment: I. h. City I.a. of FWBFWB Museum Interlocal Request for Museum (4184 : (4778 Heritage Park : City of & FWB Cultural Agmt for Center Museum Funding Exhibit Request (Charlotte (Gail Meyer)) Dunworth))  1.h.a 1.a.a Packet PacketPg. Pg.75 5 Attachment: Attachment: I. h. City I.a. of FWBFWB Museum Interlocal Request for Museum (4184 : (4778 Heritage Park : City of & FWB Cultural Agmt for Center Museum Funding Exhibit Request (Charlotte (Gail Meyer)) Dunworth))  1.h.a 1.a.a Packet PacketPg. Pg.76 6 Attachment: Attachment: I. h. City I.a. of FWBFWB Museum Interlocal Request for Museum (4184 : (4778 Heritage Park : City of & FWB Cultural Agmt for Center Museum Funding