1861 OVIEDO/SANFORD/LK MARY WELLNESS CENTERSINTERGOVERNMENTAL/INTERLOCAL AGREEMENT BETWEEN THE CITY OF
OVIEDO and the CITY OF SANFORD AND THE CITY OF LAKE MARY
This Intergovernmental/Interlocal Agreement, is made and entered into this
0 day of �_, 2017, by and between the City of Oviedo, a
municipality of the slate of Florida, whose address is 400 Alexandria Blvd., Oviedo,
Florida 32765 (hereinafter referred to as the "COO"), the City of Sanford, a municipality
of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771
(hereinafter referred to as the "COS"), and the City of Lake Mary, a Florida municipality,
whose address is City Hall, 100 North Country Club Road, Lake Mary, Florida 32746
(hereinafter referred to as the "COLM").
WITNESSETH
Whereas, the COO and the COS and the COLM desire to cooperate and
collaborate in the activities implemented by the three cities to encourage the health and
wellness of their eligible employees, retirees, COBRA participants, as well as eligible
dependents for each of these groups; and
Whereas, each of the parties operate wellness centers for the benefit of their
eligible employees, retirees, COBRA participants, as well as eligible dependents for each
of these groups; and
Whereas, the eligible employees, retirees, COBRA participants, as well as eligible
dependents ' for each of these groups and of the parties to this
Intergovernmental/Interlocal Agreement often times live, recreate and work proximate to
the non -employing party's wellness center; and
Whereas, the parties to this Intergovernmental/Interlocal Agreement desire to
maximize the wellness center usage of their eligible employees, retirees, COBRA
participants, as well as eligible dependents for each of these groups as well as the health
and well-being of their eligible employees, retirees, COBRA participants, as well as
eligible dependents for each of these groups; and
Whereas, this Intergovernmental/Interlocal Agreement serves a public purpose
and is authorized pursuant to the provisions of Chapter 166, Florida Statutes and other
applicable law; and
Whereas, the above recitals are true and correct and form a material part of this
Intergovernmental/Interlocal Agreement upon which the parties have relied.
Now, Therefore, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable
consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged
by all parties, the COO, the COS, and the COLM agree as follows.
Section 1. Recitals. The above recitals are true and correct and form a material
part of this Intergovernmental/Interlocal Agreement upon which the COO, the COS, and
the COLM have relied.
Section 2. Definitions. For purposes of this Intergovernmental/Interlocal
Agreement, the term "Eligible" shall mean those persons that are enrolled in either COO,
COLM's or COS's insurance plan.
Section 3. Term. This Intergovernmental/Interlocal Agreement shall become
effective upon approval by the City Commissions of the COO, the COS, and the COLM
and shall remain in effect for an indefinite period subject to termination by either the COO,
the COS or the COLM by providing the non -terminating party no less than ninety (90)
days advance written notice.
Section 4. Collaboration; Shared Use Of Wellness Centers.
(a). The parties agree that the eligible employees, retirees, COBRA
participants, as well as eligible dependents for each of these groups are hereby
authorized to use the wellness center of the other party, as well as COO, COS, and COLM
pre-employment medical examinations, COO, COS, and COLM work-related injury
medical treatment and COO, COS, and COLM drug screening, whether pre-employment,
post -accident, reasonable suspension or otherwise, subject to the terms and conditions
of this Intergovernmental/Interlocal Agreement, and subject to the general rules and terms
of usage for each of the wellness centers.
(b). 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.
(c). No party shall be liable for any damage or injury to any other party, other
person, or to any property, which results from their participation in this
Intergovernmental/Interlocal Agreement. Each party hereby, to the extent permitted by
law, shall hold harmless and indemnify the other party from and against any and all
liability, assertions, loss, claims, damages, costs, attorney's fees, judgments and
expenses of whatsoever kind or nature which the other party may sustain, suffer or incur
or be required to pay by reason of a loss resulting from the acts or omissions of one party.
In the event that any action, suit or proceeding is brought against any party upon any
alleged liability arising out of this Intergovernmental/Interlocal Agreement, asserted to
have resulted from the negligence, etc. of the other party, the party shall promptly provide
notice in writing thereof to the other party by registered or certified mail.
(d). Persons employed by a party and the agents of the party taking actions
pursuant to this Intergovernmental/Interlocal Agreement shall have no claim to pension,
workers' compensation, unemployment compensation, civil service or other employee
rights or privileges granted to the other party's officers and employees.
(e). The parties also agree that other local governments and similar entities
(such as public educational institutions) may join into this agreement upon mutual consent
being given by the city managers of each of the parties (in a form mutually agreed to by
the city attorneys for each of the parties), said participation hereunder being under the
same terms and conditions as set forth in this Intergovernmental/Interlocal Agreement.
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Section 5. Force Majeure. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act
of God or force majeure, then said party shall not be in default hereunder.
Section 6. Binding Effect. This Intergovernmental/Interlocal Agreement shall be
binding upon and inure to the benefit of the parties hereto and the successors in interest,
transferees and assigns of the parties.
Section 7. Assignment. This Intergovernmental/Interlocal Agreement shall not
be assigned by either party without the prior written approval of the other.
Section 8. Public Records. The COO, the COS and the COLM shall allow public
access to all documents, papers, letters or other materials that have been made or
received by the COO, the COLM or the COS in conjunction with this
Intergovernmental/Interlocal Agreement, except where exempt or confidential.
Section 9. Notices.
(a). Whenever either party desires to give notice unto the other, notice may be
sent to:
For the COO Mrs. Connie Collins
Director for Human Resources
City of Oviedo
400 Alexandria Boulevard
Oviedo, FL 32765
For the COS: Mr. Fred W. Fosson
Director of Human Resources/Risk Management
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
For the COLM: Ms. Jackie Sova
City Manager, City of Lake Mary
City Hall
100 North Country Club Road
Lake Mary, Florida 32746
(b). Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices, reports or invoices. All notices shall be
effective upon receipt.
Section 10. Indemnification; Insurance Programs. The COO, the COS, and
the COLM further agree that nothing contained herein shall be construed or interpreted
as denying to any party any remedy or defense available to such partied under the laws
of the State of Florida, nor as a waiver of sovereign immunity of COO, COS, and COLM
beyond the waiver provided for in Section 768.28, Florida Statutes. The parties represent
that they have insurance programs as local governments that address liability issues
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consistent with normative local government practices and procedures and will make
information available as to such programs to one another.
Section 11. Conflict Of Interest. The COO, COS, and the COLM further agree
that they will not engage in any action that would create a conflict of interest in the
performance of their obligations pursuant to this Intergovernmental/Interlocal Agreement
or which would violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
Section 12. Compliance With Laws And Regulations. In performing under
this Intergovernmental/Interlocal Agreement, the COO, the COS, and the COLM shall
abide by all laws, statutes,, ordinances, rules, and regulations pertaining to, or regulating
the performance set forth herein, including those now in effect and hereafter adopted.
Any violation of said laws, statutes, ordinances, rules, or regulations shall constitute a
material breach of this Intergovernmental/Interlocal Agreement, and shall entitle the non -
violating party to terminate this Intergovernmental/Interlocal Agreement immediately upon
delivery of written notice of termination to the violating party.
Section 13. Headings. All sections and description headings in this
Intergovernmental/Interlocal Agreement are inserted for convenience only, and shall not
affect the construction or interpretation hereof.
Section 14. Entire Agreement. This Intergovernmental Agreement constitutes
the entire agreement of the parties with respect to the subject matter hereof, and may not
be modified or amended except by a written instrument equal in dignity herewith and
executed by the parties to be bound thereby. Any alterations, amendments, deletions, or
waivers of the provisions of this Intergovernmental/Interlocal Agreement shall be valid
only when expressed in writing and duly signed by the COO, COS and the COLM.
Section 15. Counterparts. This Intergovernmental/Interlocal Agreement may
be executed in any number of counterparts each of which, when executed and delivered,
shall be an original, but all counterparts shall together constitute one and the same
instrument.
In Witness Whereof, the parties hereto have caused this Intergovernmental/
Interlocal Agreement to be executed on the day and year first above written.
Attest:
�
COO
Dominic Persampiere
Mayor
Date:
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Attest. -
/111 1
Uarol Foster—, City C'
For the use and reliance
of City of Lake Mary only.
Approved as to form and
legal sufficiency.
awqq�
COILM
-David J. MeaV(
Mayor .
Date:
Catherine D. Reischmann, Esquire
City Attorney
Attest. Coll
By:
CyntMa Porter Jeff
City Clerk May
Dat(
For the use and reliance
of City of Sanford only.
Approved as to form and
legal sufficiency.
'William L. Colbert, Esquire
City Attorney
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