HomeMy WebLinkAboutSeminole County School Board - Memorandum of Understanding - Use of Facilities in an Emergency - 2022 02 28 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 damage 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 (2021), directs the use of personnel, resources,
and equipment to facilitate response and recovery efforts for local jurisdictions; and
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 1 of 17
WHEREAS, each City is obligated to request assistance through the Seminole County
Office of Emergency Management if damage and citizens needs meet 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.
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 location 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 or prohibits
any party to this MOU from participating in similar activities with other public or private agencies,
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
organizations, and individuals. SEMINOLE COUNTY shall communicate and coordinate all
activities associated with the emergency use of their facilities 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 waiver by any
party of its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida
Statutes (2021), 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 name below, or such other address or to such other person as
the party may have specified by written notice to the other party delivered in according to this
provision, or (iii) via e-mail at the email address provided below:
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 4 of 17
As to SEMINOLE COUNTY:
County Manager
Seminole County Services Building
1101 East 1 st Street
Sanford, FL 32771
Email:
As to SCHOOL BOARD OF SEMINOLE COUNTY:
Superintendent
Education Support Center
400 East Lake Mary Boulevard
Sanford, FL 32773
E-mail:
As to ALTAMONTE SPRINGS,FLORIDA
City Manager
225 Newburyport Avenue
Altamonte Springs, FL 32701
E-mail:
As to CASSELBERRY, FLORIDA
City Manager
95 Triplet Lake Drive,
Casselberry, Florida 32707
E-mail:
As to LAKE MARY, FLORIDA
City Manager
100 North Country Club Road,
Lake Mary, Florida 32746
E-mail:
As to LONGWOOD, FLORIDA
City Manager
175 West Warren Avenue
Longwood, Florida 32750
E-mail:
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
E-mail:
As to SANFORD, FLORIDA
City Manager
300 North Park Avenue
Sanford, Florida 32771
E-mail:
As to WINTER SPRINGS, FLORIDA
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
E-mail:
Section 8. Governing Law. The Iaws 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
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 6 of 17
would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes(2021),as this statute may be amended from time to time,relating to ethics in government.
(b) Pursuant to Section 216.347, Florida Statutes (2021), 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 party 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 party acknowledges all parties have obligations under Article 1, Section 24,
Florida Constitution, and Chapter 119, Florida Statutes (2021), 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
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 7 of 17
(2021), in the handling of the materials created under this MOU and that this statute controls over
the terms of this MOU.
(b) Each party specifically acknowledges its obligations to comply with Section
119.071, Florida Statutes (2021), 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 (2021), and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes (2021), 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 provision 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 ten(10)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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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 8 of 17
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.
ATTEST: CITY OF ALTAMONTE SPRINGS
By:
ANGIKAPPERSON, 11 rk PAT BATts, Mayor
0 Date:
JAM S 'S KIP") O*LER
City Attot ey Se%%1101111111/1111
Wl
T. '1 192
(5
coulll�,
1/011111111111i"00
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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 9 of 17
A ST,« CIY OF A B R,RY
k
,H �
, D
A .GARDNER, City
Clerk.
" Ci lc AVID ENS ;Mayor
Date: . � .rG
.............. .. .....
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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
ATTEST: CITY OF LAKE MARY
13
MICHELLE McCUIRDY, City C(6'rk 9A VID J. MEAL c or
Date: C C'(ZJ' 1 2 0 J. 'Ll
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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 I I of 17
ATTEST CITY OF LONGWOOD
y By:
MICI IEI,I C ,City Clerk BRIAN D. SACKETT, ayor
01
Date:
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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 12 of 17
ATTEST: CITY OF OVIEDO
A
b,
By:
ELIANNE RIVER-A,City Clerk MEGAI�', LA ' K,Mayor
Date:—.-... 7,2
Approved as-to-form and
DAVID HALL
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 13 of 17
ATTEST: CITY OF SANFORD
� —,"By: u �
TRACI HOUCHIN,City lied i �, AR 00 UFF,Ma r
Irr
r
, 7te: '. ......
Approved as to form andm
legality t
WILLIAM 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
ATTEST: CITY OF WINTER SPRINGS
By:_
CHRISTIAN GOWAN,City Clerk KEVIN McCANN,Mayor
Date: zl;-Ife ZOZZ-
ai q.
r U
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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 15 of 17
ATTEST:, THE SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
)S�, RI�TAD6. BEAMON, Superintendent AMY PENNOCI ,C iaitman
Date: 'I R o Date:
Approved as to form and
lega
lity.
K ZLENE OLE-PALMER
Se fool Board 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 16 of 17
BOARD OF COUNTY C MISSIONERS
A'�6TE SEMIN L DA
alp
By: 2PF
GRAN N MA B ALCARI, hairman
j C,16rk tic) MA
c����the Board of
County Commissioners of 16
Seminole County, Florida. Date: a'0' 07
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its
20�, regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DWM/
1/21/27
T:\Users\l,egal Secretary CSB\Public Safety\2021\MOU for Use of Facilities in an Eniergency.doex
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 17 of 17