HomeMy WebLinkAboutSeminole County School Board - Memorandum of Understanding - Use of Facilities in an Emergency - 2014 08 25 MEMORANDUM OF UNDERSTANDING BETWEEN
SEMINOLE COUNTY,SCHOOL BOARD OF SEMINOLE COUNTY,
AND THE CITIES OF ALTAMONTE SPRINGS,CASSELBERRY,
LAKE MARY,LONGWOOD,OVIEDO,SANFORD AND WINTER SPRINGS
FOR USE OF FACILITIES IN AN EMERGENCY
This MEMORANDUM OF UNDERSTANDING ("MOU") is hereby made and entered
by and between SEMINOLE COUNTY, a Charter County and political subdivision of the State
of Florida; the SCHOOL BOARD OF SEMINOLE COUNTY, a political subdivision of the
State of Florida; and the CITIES of ALTAMONTE SPRINGS, CASSELBERRY, LAKE
MARY, LONGWOOD, OVIEDO, SANFORD, and WINTER SPRINGS, all Florida municipal
corporations,which entities are the parties to this MOU.
WITNESSETH:
WHEREAS,the subject of this MOU is for the parties to establish county-wide meeting
services for their elected and appointed commissions and boards to hold meetings across city and
county borders in an effort to provide continuity of operations for elected officials, commissions,
and boards during times of disaster; and
WHEREAS, elected and appointed commissions and boards must continue to meet, set
policy, and operate after a disaster or during times of darnage to the regularly scheduled meeting
location; and
WHEREAS, damage can occur to the facility and infrastructure used for regularly
scheduled meeting locations; and
WHEREAS, Chapter 252, Florida Statutes (2013), directs the use of personnel,
resources, and equipment to facilitate response and recovery efforts for local jurisdictions;and
CERTIFIED COPY
MARYANNE MORSE
Seminole Count),School p g County, �
— ..
CLERK OF CIRCUIT COURT
Memorandum of Understandingbetween Seminole
is chool Board,Altamonte Springs,s Casselberry, QR
MI � COUNTY,Y, L R
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs BY 6
for Use of Facilities in an Emergency
Page 1 of 17 DEPUTY CLERK
WHEREAS, each City is obligated to request assistance.through the County Emergency
Management Office if damage and citizens needs meets thresholds for Presidential Disaster
Declaration; and
WHEREAS, meetings of elected and appointed commissions and boards are paramount
to obtain assistance and to set policy;and
WHEREAS, some parties may not be affected by an individual disaster and other parties
may require the assistance from a neighboring party or SEMINOLE COUNTY,
NOW, THEREFORE, for and in consideration of the terms, conditions, and mutual
covenants hereinafter contained, SEMINOLE COUNTY, SCHOOL BOARD OF SEMINOLE
COUNTY, and the CITIES of ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD, and WINTER SPRINGS, all intending to be legally
bound,hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material
part of this MOU upon which the parties have relied.
Section 2. Emergency Use of Facilities.
(a) SEMINOLE COUNTY, SCHOOL BOARD OF SEMINOLE COUNTY,
and the CITIES of ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY, LONGWOOD,
OVIEDO, SANFORD, and WINTER SPRINGS shall work together to offer space and
information technology infrastructure to allow meetings of their respective elected officials,
commissions and boards to continue in the event of an official local, state or federal declaration
of disaster or emergency affecting one or more of the parties. Such declaration of emergency
includes a Governor Declared State of Emergency or a local State of Emergency as these terms
are defined in Section 72.3 of the Seminole County Code(2014).
� Memorandum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 2 of 17
(b) It will be the responsibility of the respective board, commission, or
committee holding a meeting to notify the public of the change of location of the meeting.
(c) SEMINOLE COUNTY agrees to serve as the coordinator of agencies and
jurisdictions to provide damage information on the normal meeting space of elected officials,
commissions and boards within Seminole County to the State of Florida and the Federal
government, and to request Presidential Disaster Declarations through standard damage
assessment reporting procedures.
(d) The party that has requested use of another party's facility will be
responsible for making certain all materials are returned to their original Iocation after the
meeting takes place. Any cleaning or trash collection will be the responsibility of the party
requesting the meeting place. Otherwise, this MOU does not create any obligation for any party
to this agreement to reimburse or compensate another party for any costs or expenses associated
with the cooperative activities undertaken pursuant to this MOU.
(e) All parties agree to work cooperatively with all other parties to collect,
validate, and provide space in their respective commission or board chambers to allow all elected
and appointed commission and board meetings to continue.
(f) All parties agree to provide resources to any affected party when disaster
is localized in one area of the County, such as in the event of a tornado, wildfire, or airplane
crash.
(g) Any party conducting a meeting outside of its own facility shall conduct
the meeting according to applicable law.
Section 3. Participation in Similar Activities. This MOU in no way restricts
SEMINOLE COUNTY from participating in similar activities with other public or private
.,.,„...„ ...
Memorandum of Understanding between Seminole County;
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 3 of 17
agencies, organizations,. and individuals. SEMINOLE COUNTY shall communicate and
coordinate all activities with each other party to this MOU.
Section 4. Insurance Requirements. Each party shall maintain adequate insurance
coverage to protect its own interests and obligations under this MOU.
Section 5. Indemnification. Each party is solely responsible to third parties with
whom they may contract in carrying out the terms of this MOU, and shall hold each other
harmless against all claims of whatsoever kind or nature by such third parties arising out of the
performance of work under any such contract with a third party. This provision is not to be
construed as a wavier by any party of its sovereign immunity, except to the extent waived
pursuant to Section 768.28, Florida Statutes(2013), as this statute may be amended from time to
time.
Section 6. Contacts. SEMINOLE COUNTY, SEMINOLE COUNTY SCHOOL
BOARD, and the CITIES of ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD, and WINTER SPRINGS shall furnish to each other the
names of the individuals, with backup, who will be responsible for administering this MOU and
each party shall keep all other parties informed of any subsequent changes to this information as
provided in Section 7 below.
Section 7. Notice. Any notice delivered with respect to this AGREEMENT must be
in writing and will be deemed to be delivered (whether or not actually received) when (i) hand
delivered to the person(s) hereinafter designated, or (ii) upon deposit of the notice in the United
States Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at
the address set forth opposite the party's naive below, or such other address or to such other
........w. ... � _. ... ._
Memorandum of Understanding between Seminole County;
Seminole County School Board,Altamonte Springs,Casselben-,v,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 4 of 17
person as the party may have specified by written notice to the other party delivered in according
to this provision:
As to SEMINOLE COUNTY:
County Manager
Seminole County Services Building
1101 East 1 st Street
Sanford,FL 32771
As to SCHOOL BOARD OF SEMLNOLE COUNTY:
Superintendent
Education Support Center
400 East Lake Mary Boulevard
Sanford,FL 32773
As to ALTAMONTE SPRINGS,FLORIDA
City Manager
225 Newburyport Avenue
Altamonte Springs,FL 32701
As to CASSELBERRY,FLORIDA
City Manager
95 Triplet Lake Drive,
Casselberry,Florida 32707
As to LAKE MARY,FLORIDA
City Manager
100 North Country Club Road,
Lake Mary, Florida 32746
As to LONGWOOD,FLORIDA
City Manager
175 West Warren Avenue
Longwood,Florida 32750
Memorandum of Understanding between Seminole County,........_..........._
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 5 of 17
As to OVIEDO,FLORIDA
City Manager
400 Alexandria Boulevard
Oviedo,Florida 32765
As to SANFORD,FLORIDA
City Manager
300 North Park Avenue
Sanford,Florida 32771
As to WINTER SPRINGS,FLORIDA
City Manager
1126 East State Road 434
Winter Springs,Florida 32708
Section 8. Governing Law. The laws of the State of Florida govern the validity,
enforcement, and interpretation of this MOU. Seminole County is the sole venue for any legal
action in connection with this MOU.
Section 9. Employee Status. Persons employed by one party in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of any other party, nor do these employees have any claims to pensions, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to any
other party's officers and employees either by operation of law or by any other party.
Section 10. Conflict of Interest.
(a) Each party agrees that it shall not engage in any action that would create a conflict
of interest in the performance of its obligations pursuant to this MOU with the other party or
which would violate or cause third parties to violate the provisions of Part III, Chapter 112,
Florida Statutes (2013), as this statute may be amended from time to time, relating to ethics in
government.
...�Memorandum.... ...... . -- �.._._.______, ... ....._.
of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselbery,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 6 of 17
(b) Pursuant to Section 21 b.347, Florida Statutes (2013), as this statute may be
amended from time to time,the parties hereby agree that monies, if any, received from the other
parties pursuant to this MOU will not be used for the purpose of lobbying the Legislature or any
State or federal agency.
(c) Each parry has the continuing duty to report to the other parties any information
that indicates a possible violation of this Section.
Section 11. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained
herein and this MOU supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this MOU
will be valid only when expressed in writing and duly signed by all of the parties, except as
otherwise.specifically provided in this MOU.
(c) This MOU may be executed in any number of counterparts, each of which,when
so executed, constitutes an original, but each counterpart will together constitute one and the
same MOU.
Section 12. Public Records Law.
(a) Each parry acknowledges all parties have obligations under Article 1, Section 24,
Florida Constitution, and Chapter 119, Florida Statutes (2013), to release public records to
members of the public upon request. Each party acknowledges that all of the parties are required
to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes
(2013), in the handling of the materials created under this MOU and that this statute controls
over the terms of this MOU.
Memorandum.. . . .. _..._._....._.
of Understanding
nding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and winter Springs
for Use of Facilities in an Emergency
Page 7 of 17
(b) Each party specifically acknowledges its obligations to comply with Section
119.071, Florida Statutes(2013),with regard to public records,and shall:
(1) keep and maintain public records that ordinarily and necessarily would be
required in order to perform the services required under this MOU;
(2) provide the public with access to public records on the same terms and
conditions as required by Chapter 119, Florida Statutes (2013), and at a cost that does not exceed
the cost provided in Chapter 119,Florida Statutes(2013),or as otherwise provided by law;
(3) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized by law;and
Section 13. Headings and Captions. All headings and captions contained in this
MOU are provided for convenience only, do not constitute a part of this MOU, and may not be
used to define,describe,interpret or construe:any prevision of this MOU.
Section 14. Effective Date and Term. .The Effective Date of this MOU will be the
date when the last party has properly executed this MOU as determined by the date set forth
immediately below the respective signatories of the parties. The term of this MOU is five (5)
years from the Effective Date, unless extended by mutual agreement of all of the parties. Any
party may withdraw from and terminate this MOU as to that party upon sixty (60) days written
notice to all of the other parties.
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........ —_---------- _.__ .A......
Memorandum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page&of17
IN WITNESS THEREOF, SEMINOLE COUNTY, SEMINOLE COUNTY SCHOOL
BOARD, and the CITIES of ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD, and WINTER SPRINGS, has caused this MOU to be
executed, said MOU to become effective and operative with the fixing of the last signature
hereto.
U111all"
ATTEST: CITY�)f ALTAMONTE SPRINGS 711,
gy
N 1�z
L By:
vwo/�,
& .
O'Donnell,Ciy �04 =
Pat Bates,Mayo
1920
Date:
IV
f
es A.("Skip" K) w1fr
i-\�0V
C Attorney
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I
Memorandum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 9 of 17
ATTEST: �. CITY OF CASSELBERRY
,i
B
I'446nn`aG.tGaw!d�n/er,CityClerk —-/ By:
Glancy,M ar "
Y, �' �...
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... ........
Memorandum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 10 of 17
RESOLUTION 14-2611 COPY
A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA,
AUTHORIZING THE APPROVAL AND ACCEPTANCE OF A
MEMORANDUM OF UNDERSTANDING WITH SEMINOLE
COUNTY, THE SEMINOLE COUNTY SCHOOL BOARD, AND THE
CITIES OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD AND WINTER SPRINGS FOR THE
EMERGENCY USE OF MEETING FACILITIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, elected and appointed commissions and boards must continue to meet, set
policy and operate after a disaster or during times of damage to their regularly scheduled
meeting location; and
WHEREAS, some parties may not be-affected by an individual disaster while other
parties may sustain damage and require assistance from a neighboring party; and
WHEREAS, Seminole County,the Seminole County School Board and the Cities of
Altamonte Springs, Casselberry,Lake Mary,Longwood, Oviedo, Sanford and Winter Springs
have mutually agreed to offer the use of their facilities and information technology
infrastructure to conduct governmental meetings to one or more parties whose facilities have
become unusable due to a disaster or emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CASSELBERRY,FLORIDA,AS FOLLOWS:
SECTION I. The City Commission of the City of Casselberry hereby approves and
accepts the Memorandum of Understanding with Seminole County, the Seminole County
School Board and the Cities of Altamonte. Springs, Casselberry, Lake Mary, Longwood,
Oviedo; Sanford and Winter Springs (attached as "Exhibit A") and authorizes the Mayor to
execute said document on behalf of the City.
SECTION II.Conflicts.All Resolutions or parts of Resolutions in conflict with any of the
provisions of this Resolution are hereby repealed.
SECTION IH. S,everabilitr. If any Section or portion of a Section of this Resolution
proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the
validity, force, or effect of any other Section or part of this Resolution.
SECTION IV.Effective Date. This Resolution shall become effective immediately upon
Effec mmm
its passage and adoption.
PASSED and ADOPTED this HA-�) day of ���O AD 2014.
ATTEST:
. G. Gardner I ,�� Charlene.... .
Glancy
City Clerk Mayor/Commissioner
ATTEST: CIT "OF LAKI M RY
'Oe
,' �_
rol A.Foster, Cit;�Clerk David J. MeaIq ,�. ayo.... .
Date:—A LjC :5 As26/�1
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Memorandum _._._ ......... l—, ..__.-_
andum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 11 of 17
AT I" S �'' CITY OF LONGWOOD
r" BY, = ..
Mice e ,,dl or Robert Cortes, Ma
Y
Date: .. T �G
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Memorandum of Understanding between Seminole County,mmWITIT m
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 12 of 17
ATTEST: CITY OF OVIED"
By. ..
Barbara Barbo4rt, City Clerk Dominic Pe . iere,Mayor
Date
Approved as to form and
l a• N
i° �.. q
Lonnie Groot,City Attorne
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Memorandum of Understanding be
tween Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 13 of 17
ATTEST: CITY OF SANFOE"
By: m.n... .......
�.._ �. . ,
Cynth Vt Porter,City Clerk Jeff Triplett,Mayor
o M ,
Date: .. ..- :
Approved as to form and
legality
it iam L. Colbert,City Attorney
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_........._.. _.. _ ............._..
Memorandum of Understanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 14 of 17
A "'"TE" CITY OF WINTER SPRINGS
CKIn*m, x mxo Luaces�City Clerk Charles Lacey,Mayor
g Date: August 25, 2014
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...Men�ulunl aTClni{erstagdin�bcrwrert S � _
'Scininoly 6ithty School Elpool"L -tat"onto Snriap,Cassetbarry,
Lake Mary,I.o)%gwdod,.Oviedo,Sanford and Winter Springs
fOr'l)se otf Facilities in an Emcrgeiicy
Page 15 of 17
ATTEST;: TOTE $MOOL BOA", OP 8E111I1 OLE
COTINT"Yz.FLOm *
r. Waltz Gnf�n,8- tntenderit Karen Almond,Chair i�m
Date: �''/t i Date:. D /,71
a
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Mert►orandur►=of Ul1dr3tart�iulFgSclWeen`Setial'a GOunty
Seminole Couri y Schoo�l,Sda���,AlfAm'O ite:Sprtngs;Cassel�try;.
Lake'Mar-Y C nngwood Ov�edq:: n�ord}aod 4 rater Slie3 rgs
fair Ilse of, Eorgec�vy
Pape::l6;.of`l7'
a
BOARD OF COUNTY(' VlISS ONERS
ATTEST r' S ' '"°Ou-"
_ µ By:
Y
e Morse ert Da all,Chairmail
Clerk to the Board of
County Commissioners of
Seminole County,Florida. Date:,
For the use and reliance of As authorized for execution by the Board of
y y County September 23
Seminole Count only. Coun Commissioners at its S? M� . ,
2014,regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dre
06/17/14
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Momorandumof Und...,. ,,,_ . _.... ....� ..�.............-----...�.
erstanding between Seminole County,
Seminole County School Board,Altamonte Springs,Casselberry,
Lake Mary,Longwood,Oviedo,Sanford and Winter Springs
for Use of Facilities in an Emergency
Page 17 of 17