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HomeMy WebLinkAbout2022 02 28 Consent 302 - Memorandum of Understanding between Seminole County, School Board , and the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs (Emergency Facilities Use) • CONSENT AGENDA ITEM 302 ,n m=ared CITY COMMISSION AGENDA I FEBRUARY 28, 2022 REGULAR MEETING 1959 TITLE Memorandum of Understanding (MOU) 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. SUMMARY In 2014, the parties of this agreement entered into a five (5) year MOU to establish county-wide meeting services for elected and appointed commissions and board to hold meetings across city and county borders to provide continuity of operations during times of disaster. Chapter 252 Florida Statutes (2021) directs the use of personnel, resources, and equipment to facilitate response and recovery efforts for local jurisdictions. The parties in this agreement shall work together to offer space and information technology infrastructure to allow meetings of their respective boards in the event of a declared disaster. This MOU has a term date of ten (10) years from the date that the last party properly executes this agreement. RECOMMENDATION City staff recommends the City Commission enter into and execute the attached interlocal agreement; authorize the City Manager and City Attorney to execute any and all documents to enter into this agreement. 16 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 (2013), directs the use of personnel, resources,and equipment to facilitate response and recovery efforts for local jurisdictions; and CERTIFIED COPY MARYANNE MORSE` Memorandum of Understanding between Seminole County, CLERK OF CIRCUIT COURT Seminole County School Board,Altamonte Springs,Casselberry, SE��u UNTO, F Lake Mary,Longwood,Oviedo,Sanford and Winter Springs for Use of Facilities in an Emergency BY Page I of 17 DEPUTY CLERK 17 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 18 (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 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 19 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 parry 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 name below, or such other address or to such other 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 20 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 SEMINOLE COUNTY: Superintendent Education Support Center 400 East Lake Mary Boulevard Sanford,FL 32773 As to ALTAMONTE SPRINGS, FLORIDA City Manager 225 Newburyport Avenue AItamonte 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 Count; School Board,Altamonte Springs,Casselberry; Lake Mary,Longwood,Oviedo,Sanford and Winter Springs for Use of Facilities in an Emergency Page 5 of 17 21 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 S. 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 11I, 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,Casselberry, Lake Mary,Longwood,Oviedo,Sanford and Winter Springs for Use of Facilities in an Emergency Page 6 of 17 22 (b) Pursuant to Section 216.347, 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 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 (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 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 23 (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. [Balance of this page intentionally left blank;signatory pages follow.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselber-y, Lake Mary,Longwood,Oviedo,Sanford and Winter Springs for Use of Facilities in an Emergency Page 8 of 17 24 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 Pf ALTAMONTE SPRINGS 'e`�vsetPf!!!![f z e nn O'Donnell,City rk Pat Bates,Mayor ®� 192x0 Date: 76 f L es A.("Skip")F wl r ` ` a,` 9 a•`�©¢® City Attorney 6 8j� aoo -i-P, [Balance of this page intentionally left blank;signatory pages continue.] 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 25 ATTEST: CITY OF CASSELBERRY � B :/ Y Donna G. Gardner,City Clerk Charlene Glancy,M r Date: J kL,� , o l q [Balance of this page intentionally left blank;signatory pages continue.] 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 26 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 H.Conflicts.All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severabilitv. 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 its passage and adoption. PASSED and ADOPTED this kLAI'b day of ,J \J y , AD 2014. ATTEST: A A J A 11f, /fA onna G. Gardner Charlene Glancy City Clerk Mayor/Commissioner 27 ATTEST: CIT- OF L B of A. Foster, Cit, Clerk David J.Mealo , ayor ,/ Date: ALl!LL5-1 ��� 621)1' 1Q pp6ued 7-/l-/V [Balance of this page intentionally left blank;signatory pages continue.] 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 1 of 17 28 A7S/ CITY OF LONGWOOD By: Mic e ,C' rk Robert Cortes, Mayor Date: Rail [Balance of this page intentionally left blank;signatory pages continue.] 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 29 ATTEST: CITY OF OVIED By: Barbara Barbo , City Clerk Dominic Pe ampiere, Mayor Date: Approved as to form and 1 01 --?)NW x Lonnie Groot, City Attom [Balance of this page intentionally left blank;signatoiy pages continue.] 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 30 ATTEST: CITY OF SANFO a� B}': Cynth Porter,City Clerk Jeff Triplett, Mayor Date: Approved as to fonn and legality Aliia'mL. Colbert, City Attorney (Balance of this page intentionally left blank;signatory pages continua.) 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 31 A T. CITY OF WIL'I'ER SPRINGS A kzD By- "4 .cnzo�Luaces,City Clerk Char es Lacey,Mayor Date: August 25, 2014 (Balance of this page intentionally left blmik;signatorypages continue,.) Men�oranclurn of tJncie�standmg buwrcre Seminole('ounty, Seminole County Schoo1.13owxt Altamonte Springs,C:+sselborry, Lake Mary,I:ong;vngd,Oviedo,Sanford and Winter Springs for Use ofFacitlties in an Emerg ho, Page 15 of 17 32 ATTEST; THE SCHOOL BOARD OF SF-MINOLE COUNTY,FLORIDA By: `l p A k r. Walt Griffin,Supe tendent Karen Almond,Chairman Date: ��e Y Date: . x - [Balance of this page intentionally left blank,signatory pages continue.] Memorandum of Understanding between Seminole"County, Seminole County School Board,,,Altamente Springs,Casselberry, Lake Mary,Longwood,Oviedo,Sanford and M 6 r Springs for Use of Facilities'in an Emergency Page 16 of 17 33 BOARD OF COUNTY ISSIONERS ATTEST' PDa L %� .f By: w_ me Morse hairm Clerk to the Board of County Commissioners of Sell noIe County,Florida. Date: 9-S6 For the use and reliance of As authorized for execution by the Board of Seminole County only. County Commissioners at its September 23, 2014,regular meeting. Approved as to form and legal sufficiency. County Attorney DGS/dre 06/17/14 p:\users\dedge\my documents\agftsc scsb and all sc cities mou.doc 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 34 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 35 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: AIA 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 36 (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 parry 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 parry 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 37 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 wavier 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 parry 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 Spnings for Use of Facilities in an Emergency Page 4 of 17 38 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 39 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 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 parry, 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 parry's officers and employees either by operation of law or by any other parry. 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 parry 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 40 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 41 (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. [Balance of this page intentionally left blank;signatory pages follow.] 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 42 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: ANGIE APPERSON, City Cleric PAT BATES,Mayor Date: JAMES A. ("SKIP")FOWLER City Attorney 41�1 [Balance of this page intentionally left blank;signatory pages continue.] 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 43 ATTEST: CITY OF CASSELBERRY By: DONNA G. GARDNER, City Clerk DAVID HENSON, Mayor Date: [Balance of this page intentionally left blank, signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 10 of 17 44 ATTEST: CITY OF LAKE MARY By: MICHELLE McCURDY, City Clerk DAVID J. MEALOR, Mayor Date: [Balance of this page intentionally left blank, signatory pages continue.] 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 11 of 17 45 ATTEST: CITY OF LONGWOOD By: MICHELLE LONGO, City Clerk BRIAN D. SACKETT, Mayor Date: [Balance of this page intentionally left blank, signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 12 of 17 46 ATTEST: CITY OF OVIEDO By: ELIANNE RIVERA, City Cleric MEGAN SLADEK, Mayor Date: Approved as to form and legality DAVID HALL City Attorney 4t� [Balance of this page intentionally left blank;signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 13 of 17 47 ATTEST: CITY OF SANFORD By: TRACI HOUCHIN, City Clerk ART WOODRUFF,Mayor Date: Approved as to form and legality WILLIAM L. COLBERT City Attorney 4t� [Balance of this page intentionally left blank;signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 14 of 17 48 ATTEST: CITY OF WINTER SPRINGS By: CHRISTIAN GOWAN, City Clerk KEVIN McCANN, Mayor Date: [Balance of this page intentionally left blank, signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 15 of 17 49 ATTEST: THE SCHOOL BOARD OF SEMINOLE COUNTY,FLORIDA By: SERITA D.BEAMON, Superintendent AMY PENNOCK, Chairman Date: Date: [Balance of this page intentionally left blank;signatory pages continue.] Memorandum of Understanding between Seminole County, Seminole County School Board,Altamonte Springs,Casselberry, Lake Mary,Longwood,Oviedo, Sanford and Winter Spnings for Use of Facilities in an Emergency Page 16 of 17 50 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA By: GRANT MALOY BOB DALLARI, Chairman 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 Seminole County only. County Commissioners at its 20____,regular meeting. Approved as to form and legal sufficiency. County Attorney DWMJ 1/21/22 T:\Users\Legal Secretazy CSB\Pnblic Safety\2021\MOU for Use of Facilities in an Emerg�dy.dcx xf " 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 51