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1618 - City of Lake Mary & Wellness Center Lin SINFOI9 —1877-4 OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT TRANSMITTAL MEMORANDUM y° To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature Final Plat(original mylars) n Recording Letter of Credit ❑ Rendering n Maintenance Bond j Safe keeping (Vault) ❑ Ordinance I I Record Custodian I I Performance Bond Resolution Once completed,please: ❑ Return original ❑ Return copy Special Instructions: 19/VIV.I Cop r ' Its .i`17 J h Av f LA4 ft4.7 "ki Nava 47 144 61,41;ihd Please advise if you have any questions regarding the above. Thank you! \ -.6404)- g11741 M,2z-4.3 From Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc MEMORANDUM OF UNDERSTANDING RELATING TO CITY OF SANFORD AND CITY OF LAKE MARY WELLNESS CENTERS THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this of , 2013 by and between City of Lake Mary, a a. Florida municipality, whose address is CIO City Manager, City Hall, 100 North Country Club Road, Lake Mary, Florida 32746, and the City of Sanford, a Florida municipality, whose )° address is C/O City Manager, City Hall, 300 North Park Avenue, Sanford, Florida 32771. WHEREAS, the parties to this MOU are both municipal entities which own and operate wellness centers for the use and benefit of their employees; and WHEREAS,the employees of the parties to this MOU oftentimes live, recreate and work proximate to the non-employing party's wellness center; and WHEREAS, the parties to this MOU desire to maximum the wellness center usage by their employees; and WHEREAS, the parties to this MOU desire to experiment with the employees of one another being authorized to use the wellness centers of one another on a trial basis with the results of such experiment being evaluated in order to make recommendations to the governing bodies of the parties as to an extended relationship. NOW, THEREFORE, in consideration of the foregoing recitals, and for the other good and valuable consideration, the receipt of which is acknowledged by execution of this MOU, the parties agree and understand as follows: (1) The above recitals are true and correct and form a material part of this MOU upon which the parties have relied. (2) For a 90 day trial period, with each party having the option to opt out earlier and terminate this MOU by providing written notice to the other party; at no cost to either of the parties the employees of the employing party may utilize the wellness center of the non-employing party. (3) Near the end of the 90 day trial period, the parties will assess and determine how they desire to move forward either recommending a longer term relationship between the parties or terminating this MOU. (4) The parties will provide information to one another relative to the availability of physician visits at the parties' wellness centers as well as other operating hours and available services. (5) No party shall be liable for any damage or injury to any other party, other person, or to any property, which results from the sharing contemplated herein. Each party hereby, to the extent permitted by law, shall hold harmless and indemnify all other parties from and against any and all liability, assertions, loss, claims, damages, costs, attorney's 1 fees, judgments and expenses of whatsoever kind or nature which the other parties may sustain, suffer or incur or be required to pay by reason of a loss resulting from the acts or omissions of the party. In the event that any action, suit or proceeding is brought against any party upon any alleged liability arising out of this MOU asserted to have resulted from the negligence, etc. of the party, the party shall promptly provide notice in writing thereof to the other parties by registered or certified mail. (6) Nothing in this MOU or any action relating to this MOU shall be construed as a party's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. (7) Persons employed by a party and the agents of the party taking actions pursuant to this MOU shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to any other party's officers and employees. (8) There are no third party beneficiaries to this MOU. (9) The undersigned signatories represent that they have the lawful authority to enter into this MOU on behalf of the respective parties. (10) This MOU shall be in effect on the date that it is executed by both of the parties hereto. IN WITNESS WHEREOF, the undersigned, by duly authorized officers or agents, have each set their respective hands, the day and year first above written. Attest: City of Lake Mary Mary Cam•■ell, Depu City Clerk a ueline B. ova, City Manager Date: /4 Attest: City of Sanford • Jay , City Clerk Norton . Bon. •. e, Jr. d-DAZY, City Manager Date: 7-/ ) 2