HomeMy WebLinkAbout2024 02 12 Consent 300 - Lake Monroe Radio Society Memorandum of UnderstandingCONSENT AGENDA ITEM 300
CITY COMMISSION AGENDA | FEBRUARY 12, 2024 REGULAR MEETING
TITLE
Lake Monroe Radio Society Memorandum of Understanding
SUMMARY
The Lake Monroe Radio Society has requested a wavier of both Pavilion rental fees
and Civic Center Fees which would be offset by their agreeing to assist with major City
Events throughout the year. The Lake Monroe Radio Society will provide volunteer
services to our events throughout the year including but not limited to: The
Celebration of Freedom, Hometown Harvest, Winter Wonderland and Light Up Central
Winds. The volunteer services of The Lake Monroe Radio Society activities will include
but are not limited to: having access to event maps and vendor lists, ensuring a direct
line of communication between the Winter Springs Staff while notifying them of
possible issues during the event, attendants on city hayrides, assistance during city
parade lineups, supervision of event attendees, assistance with event equipment, etc.
FUNDING SOURCE
RECOMMENDATION
Staff Recommends the City Commission to approve the Memorandum of
Understanding with the Lake Monroe Radio Society to waive the fees for the Civic
Center and Pavilion rental fees in exchange for event and volunteer services at major
City events. In addition, authorize the interim City Manager and City Attorney to
prepare and execute any and all applicable contract documents consistent with the
agenda item.
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WINTER SPRINGS AND
THE LAKE MONROE AMATEUR RADIO SOCIETY, INC.
This Memorandum of Understanding (“MOU”) is entered into by and between the City of
Winter Springs, Florida, a municipal corporation (“City”), and the Lake Monroe Amateur Radio
Society, Inc., a Florida not-for-profit corporation (“LMARS”), to document their understanding
and agreement regarding the volunteer assistance provided by LMARS to the City during or
relating to certain City events, and the waiver of rental fees for the use of certain City facilities by
LMARS, as set forth herein.
WHEREAS, established in 1976-1977, the Lake Monroe Amateur Radio Society is a
Florida not-for-profit corporation operating in Seminole County and the central Florida area, the
primary purpose of which is to provide emergency communication services to the community, city,
state, and individuals by means of amateur radio in the event of emergency or natural disaster and
to engage in social interests to the benefit of its members;
WHEREAS, LMARS provides volunteer services or assistance to the City during or
relating to certain City special events, including by having created the radio antenna for the City’s
winter drive-through light display, and by providing miscellaneous volunteer assistance as directed
by the City;
WHEREAS, LMARS holds monthly meetings for purposes of club business, including
but not limited to membership and board matters, as well as presentations relating to HAM radio,
and desires to utilize certain City facilities for such meetings;
WHEREAS, given the volunteer services and assistance provided by LMARS to the City
in relation to City special events, the City desires to authorize LMARS to conduct its monthly
meetings at or otherwise utilize certain City facilities, including the Civic Center and City park
pavilions, throughout the year and to waive the related City facility rental fees; and
WHEREAS, the City and LMARS wish to memorialize their understanding of the
obligations and responsibilities of the parties relative to volunteer services provided by LMARS
to the City, and the waiver of rental fees for City facilities provided to LMARS as set forth herein
under the Guidelines of this MOU.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. Purpose and Scope.
The purpose of this MOU is to clearly identify the obligations and responsibilities of each
party relative to volunteer services provided by LMARS to the City, and the waiver of
rental fees for the use of City facilities provided to LMARS, as set forth herein under the
Guidelines of this MOU.
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II. Term.
The initial term of this MOU shall be from March 1, 2024 through February 29, 2028 unless
sooner terminated or extended as provided herein. The parties shall have the option to
extend the term of this MOU for two (2) extension periods of one (1) year, or portions
thereof. Such extensions shall be subject to mutual agreement and upon the same terms and
conditions as stated herein.
III. Effective Date.
This MOU shall take effect upon signature of the MOU by both parties.
IV. Guidelines.
The City and LMARS agree to the following stipulations:
A. LMARS will provide volunteer services and assistance, as directed by the City, during
the following City events: The Celebration of Freedom (July 4th event), Hometown
Harvest, Winter Wonderland and Light Up Central Winds (“City event” or “City
events”). Volunteer services and assistance provided by LMARS may include but not
be limited to assisting the City with parade lineups, hayrides, securing event perimeters,
general observation of City event attendees and reporting of any potential issues or
concerns to the designated City staff person or a City police officer, and as otherwise
directed by the City.
Prior to the commencement of each City event, a designated LMARS representative
shall meet with the designated City staff person to receive direction relative to the
volunteer services or assistance to be provided by LMARS during the City event. The
designated LMARS representative is responsible for ensuring that all LMARS
volunteers are fully apprised of such instruction. LMARS understands and specifically
agrees that LMARS volunteers must immediately report all potential criminal or
medical issues or concerns directly to either the designated City staff person or an
attending City police officer and that LMARS volunteers shall not themselves attempt
to address an y such potential issue or concern. LMARS shall ensure that at all times,
all LMARS volunteers maintain a direct line of communication with the City event’s
designated City staff person, or as directed by such designated City staff person.
B. LMARS is authorized to use the City’s Civic Center for LMARS board or membership
meetings, throughout each year, with prior City approval when scheduled no less than
two weeks in advance. The rental fee for use of the City’s Civic Center shall be waived
for such use.
C. LMARS is authorized to use the City’s park pavilions for LMARS board or
membership meeting or events, throughout each year, with prior City approval when
scheduled no less than two weeks in advance. LMARS may use one park pavilion at a
time. The rental fee for use of the City’s park pavilion(s) shall be waived for such use.
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V. Special Terms and Conditions.
A. Any and all amendments to this MOU must be made in writing and must be agreed to
and executed by the parties before becoming effective.
B. To terminate this MOU, a thirty (30) day termination notice must be received in writing
by either party.
VI. Indemnification.
To the extent permitted under Florida law, LMARS shall defend, indemnify and hold
harmless the City against and from any and all losses, liabilities, damages, actions, claims,
demands, settlements, or judgements which are asserted against the City arising from the
negligent acts, errors, omissions, or wrongful conduct of LMARS. The aforementioned
indemnity provision does not apply to the extent that the claims, actions, causes of action,
demands, judgments, costs, expenses and any and all damages of every kind and nature
results from the sole negligence or willful misconduct of City. Nothing herein shall be
construed as a consent to be sued or as a waiver of sovereign immunity of the City.
VII. Relationship of Parties.
The relationship of the parties under this MOU is that of independent parties, each acting
in its own best interests. Notwithstanding anything in this MOU to the contrary, no
partnership, joint venture relationship of principal and agent is established or intended
hereby between or among the parties. Neither LMARS nor the CITY shall have any
authority to contract or bind the other in any manner and shall not represent itself as the
agent of the other.
VIII. No Third-Party Beneficiaries.
This MOU is entered into solely for the benefit of the parties hereto and does not create,
and shall not be construed as creating, any rights enforceable by any person or entity other
than the parties to this MOU.
IX. Entire Agreement.
This MOU represents the entire agreement between the parties pertaining to the subject
matter hereof, and there are no warranties, representations, or other agreements between
the parties in connection with the subject matter hereof, except as specifically set forth
herein.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by
their duly authorized representatives on the dates written below.
City of Winter Springs, Florida,
a municipal corporation,
Lake Monroe Amateur Radio Society, Inc.,
a Florida not-for-profit corporation,
By: By:
Philip Hursh,
Interim City Manager
Print Name:______________________
Title:____________________________
Date:________________ Date:___________
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