Resolution 94-787RESOLaTION No. 9a-~s7
A RESOLUTION OF THE CITY OF LONGW OOU, FLORIDA,
APPILOVING ENTERING INTO AN INRERLOCAL
AGREEMENT ON MEDIATION AND
INTERGOVERNMENTAL COORDINATION WITTI 'FHE
C11'Y OF ALTAMONTF. SPRINGS, FLORI DA; TI1E CITY OF
CASSEI.BERRY, FLORIDA; THE CITY OF LAKE MARY,
FLORIDA; THE CITY OF OVIEDO, FLORIDA; THE CITY
OF SANFOAD, FLORIDA; THC CITY OFtYINTER SPRINGS,
FLORIDA; SEMINOLE COUNTY, FLORIDA; AND THE
SEMINOLF. COUNTY SCHOOL ISOARD OF FLORIDA.
WHEA[AS, it is the desiro of the City Contntission of the City of Longwood
that empty be tade solve disputes betty n local gov s through agre meat
avd mediation prior to resolving disputes through the court system, and
Wt1EREA5, the Interloral Agreement ott Mediation and Ivtergovernmevtal
Coordin undertaken par o the auehority grxntul by Chapter 163, Chapter 164,
Chapter 230, Chapter 166, andsChapter 125 of the Florida Statures;
NOW, THEREFORE, RE IT RESOLVEp RY THE CITY COMMISSION OF
Tt1E CITY O[ LONGW OOD, FLORIDA; that the City f mmtission approves entering into
the INTERLOCAL AGREEMENTON MEDIATION AND INTERGOVERNMEMCAL
COORDINATION between the City of Altamonte Springs, Florida; the City of Gsselberry,
Florida; the City of Lake Mary, Florida; the City of Oviulo, Florida; the City of Sanfnrd,
Florida; City of Winter Springs, Florida; Seminole Cminty, Florida; and the School Board
of Seminole County, Florida and that the Mayor be zuthorizul to execute said Agreement.
PASSED AND ADOPTED Ti~i1 /C/~7L~~D~~AyY/~F 1994.
YOTA R, CITY OF 1.0
ATTE /Iris L. Benson
/ CGlGII
iE3~IiS]~___
GEIG\LDINE D. ZAh RI, CI'LV CLERK
Approved as toform and legality forthcure and reliagte.a to Cit o[LOngwood, Florida,
only. ~~i- _ _ -
/~ "
nY1,OR ., ITY ATTORNEY
CEAi!FlEp COPY
LOCAL AGREEMENT ON MEDIATION CLEN: VF C'FCUII COJRi
~ NTER ~ SE:~IINCL. ORIOP
,~'//yy iY, R
I NTERGOVEANMENTAL COORDINATION BY t`F
Z1'CLEm{~
This Agreement, dated the IX~~ day of ! 1 TY.~ ,
by and between t CITY OF ALTAMONTE SPRINGE, I CI F
CASSELBERRY, F CITY OF LA%E MARY, F O ~LONGWOOD,
FLORIDA; CITY OF OVIEDO, F oRIDA; CITY OF SANFORD CFLORIDA; CITY OF
WINTER SPRINGS, FLORIDA, HEMINOLE COUNTY, FLORIDA; and THE SCHOOL
BOARD OF SEM INOLE COUNTY, FLORZDA; hereinafter collectively
referred to as Council _"
EAS, Chis Agre is undertaken pax ant to Che
uthoriity granted by Chapter [163, Florida Statutes SUChapter 164,
Florida Statutes; Chapter 230, Flortda Chapter 166,
Florida Statutes, and Chap[er 135, FloridaS Statues, and
' WHEREAS, the parttes hereto have d ned a o by their
owledge that the of rthts Ag e ent to
further the cgen welfare of thet community and is an thec best
interest of the public; and
the d of the members of the Council that
', _ Aempts REbe matles solve ^di~s pates [hrough agreement and
WHEREAS, Chapter 164, known a the 'k'l oritla Governmental
Cooperation A natlequate i and of itself C solve disputes
prior [o litigation and tRe m of the Council desire and
rntend Chat Che provisions of [his Interlocal Agreemen[ will be
EAS, it is t e desire and the i ent of the parttes hereto
that Wfu [u re governing bodies shalt ork ued
ompliance with the [ of this Agreement a ooperatlonobetween
themselves so as to insure a cooperative working relationship.
W THEREFORE, r ns ttleration of the m ual c and
promises c obligations and responsibilities
and tthe etl ightsr antln privileges foregone, the understgnetl
parties do hereby agree as follows:
(a) the i of the process outlined below to provide
echanism which may be i by any par[y t Agreement
and c which all parties [ov this Agreement wtll participate to
solve i erl Deal tlispu[es when informal negotia <i ons h e failed.
/" The process provides for three mal. teps: (lj av
tilement C (2) MediattonOZa nd (s3) Elected Officials
Settlement Conference.
(b) The process may b voketl and used whether o
~. litigation i tmmine Ho er lnexcept as providetl Ins tionn2t
o party snail fil en suit, wav petition for o r ncCircult
any other legal a n invoking t o[i gtnal rj urisdiction
ofvthe oc of the State of Florida unle so the party n tified
the party which is [he potential tlefendant o espondent oof rte
antent and has attemptetl in good faith, to resolve the conflict in
(c) r purposes of thts Agreement, the public meetings
between the governing botli es wi 11 be referred t the Elected
Officials ttlement Conferences ("EOSCS"). ings called in
ortlance weith Sections 4 or 5 o Agreements hall be iefezied
to as Executive= Settlement Conferences ("ESCS").
SECTION 2. EPTIONS
(a) If the governing hotly o a party finds in its sole
dis cie [ions hat an immetl rate tlangei to the health, safety, or
meetings as provitletl in Chis Agreement shall be required before the
(b) In the e Chat a applicable s of limitation o
the Rules of ctvil eo Appellate P cedure mandate a ction prior
omple[i on of joint inge of the affected apartles
~ o4pletion of the, metliationsprocess tle~s=rib~ed herelnF a par[y+F`^
o permit compliance with The remaining requirements of tRls
Agreement, if passible.
SECTION 3. ILURE Ta COMPLY w H Txis A ENT
(a) If a party fails o invoke tRis Agreement (except r
h Section 2) before filing a ction o ails t
omplya withw the requirements o this Agreement antl c ntinues r
aid failure for m than s n days after r eipt oof written
notice of said failure, tha [Veparty shall pay[ all nable
ney's fees antl c retl by the party providing n of
said fatlnre from tRe eighthcday after r eipt of written n of
said £atlvre until the patty r ce[ving the notice complies withshe
provistons of this Agreement.
(b) the e that a pasty t thts Agreement ftles a
ction wit ROU[ havtnq omplied wtth othe provisions of this
Agreement (except as tlescribed in s n 2 above), this Agreement
shall be grounds for d sal o abatement of the action, t the
t permiitetl by lav,srto regal re the parties to abitle by the
terms of this Agreemen [.
SECTION 4. INVO%ING THE AGftEEM£NT
(a) Parties t this Agreements ingularly or jointly, may
Invoke this Agreement by callt ng an ESC.
(b) An F.BC shall be called Dy the chief atlministzator of the
petitioning party.
(c) The petition i voking [he Agreement shall be delivered by
[ified letter w eipt to the chief atlministratot of
ach respontlinq party or by hand delivery and shall a
nclutle a preliminary description of the tssues to be tltscussedmand
a preliminary list of the petitioning party's representatives that
wtll be present a the ESC. copy of this petition shall be
provitled Co the chair of CALNO.A
(d) ESCS shall, be a ended by the chief
administrators of the petitiontngm and responding parties. oth
petitioning and responding parties may request that additional
repres entatives of Che other participating parties be present a
ESC. This provision i rote ndetl t obtain the greatest possible
ffictency o antl exchange of information a
n nders tool that participating parties will a empt in gootl
faith t uch requests. Fall ure o£ the additional requested
representat i~esst end the ESC shall no [, however, be construed
as a violation of thts Agreement.
(a) The petitioning antl responding pant es shall hold an ESC
ithin t (10) days of cetpt of the petition voking the
Agre By agreement of yn the chief
dmt n~istrators of theapetitioning antl responding parties, the tame
alloyed for holding the ESC may be extentled.
(b) ESCS wtll be facilitatetl by ral facilitator
ceptable t e petitioning a es pontli ng partiea antl shall be
a pia eh and ttme a ceptable to both the pert tinning artd
espondinq parties. The chtef administrators of the pert Cloning
antl respond log partiea shall n tify the Chair of CALNO of their
selection of the facilitator or their inability to agree upon a
facilitator.
(c) In Che e the petitioning and respontl ing parties
not agree o a fac ilitatoi~ a fa<i1i [ator will be selected by a
majotity ore not the patties of this Agreement which are not
Selection o a facilitator shall
cwitRln e n(10) vc alendar days of ter that Che
petitioning andenresponding parties have fail edtlto select a
facilitator.
r
(tl) the E the peCi ti oninq and res pondinq parties shall
~ i.tlen[ify the i o be discussetl, present thetr c and
rots, explore optl ons for a solution, and seek agre
Aepre to fives of the petitioning antl responding parties a eESC
shalls attempt C ach a ended r solution of the Issues.
Recommentletl r solutions r ached a n ESC may be formally adopted
according to the provisrons of Sectcon 6 of this Agreement.
(e) If n endetl r solution i achetl a the E the
petitioning and ies pond ing parties shalls a drafC the
following: (1) a description of the Sssuee dlscues ed; and (2) a
list of affected o volved tntlividuals o agencies (including
those which may n t cbe parties) antl (3) a description of the
resolutions tliscussed.
(f) If n ended r solution c achetl a Che ESC the
petitioning antl responding parties sha 11 have thirty (30) tlays
after the date of the E Doti nue e negotiate a
ended r solution. The [parties may e entl this negotiation
period by a ritten agreement of the chief atlministzators
' of the petitioningsana zespontling parties.
SECTION fi. ADOPTION O ftECOMMENDE~ RESOLUTIONS
(a) All r entled r soluttons r ached a any stage Df the
ESC process shallobe reducetl t enda[i ons signed by
~ the chief administrators of thettpetiti oninq antl cespontl ing
juristlictions. erlocal agre orpor ing uch
endations may bet adopted by theeaffectedc parti es aaa provided
byelaw.
JN >.
(a) In the event Chat the negotr aer on periotl expires antl no
remat nt ng dts puted Issues.
(b) The chief admtntstrators of the petitioning antl
espontling parties shall select a mediator within t n (10) calendar
days of media[1 on being i voketl. By a agreement
the chief administrators of the petitioning antl respontl tog parties
may a end t alloyed Eor selecttnq a The c ref
administrators ofm the petitioning antl zespontling opartt es shall
notify the chair of CALNO upon selection of the mediator.
(c) In the e the petitioning and zespontling parties
agree o mediator, mediator will be selected by a
majority v of Che CALNO representatives whose ju zisdtctl ons a
C partiestt the dispute o oultl not be m rally affected
by r Df the tlispute wh the e ofta eadlock, the
mediator w111 be selected by lot from among those cons itlered in the
Selection Of a metliator by C shall take place at the
~ regular CALNO me ing or a a spec~iai m ettng, rout in no
t than ten (30)e calendar [dacs after ethe petitioning c
es ponding parties have notified ALNO that t y ave fai led ato
sele<e a mealatnx.
(tl) A33 disputes shall be mediated by a metl iatox who has been
r[tfied by the Chief .IUtlge of the Clrcui[ i ortlance vitR
andartls a tab lished by the Flori tla Supreme C who r
listed the Florida wtR Management Conf lic[ Resolution
rtium r r who ~s acceptable to the petitioning and
respontling parties. o
(e) The tnl tial mediations ssion shall be schetluled a
s practical, however, In n than thirty (30) calendar
days after selection of the metliator e
(f) The metliation period shall continue fox up to thirty (30)
calendar tlays after the initial s s held. The mediation
period may be e entled by a anlmo of the ch1eE
' administrators of t e pe ti honing and respondi ngs pa rt ies. If the
parties tlo n end mediation, the mediation period expires and
an EoBC is automatically required by this agreement.
(q) a<h party shall bear equally the c ociated vi[h
mediation unless the parties have entered into a Cost Sharing
Agreement provitling otherwise.
(a) If agreement i ached i ESC ox by metliation,
[he chief administrators of the pe ti honing and respontling
parties usiy and in vriti ng agree to proceetl [ EOSc
before the aezpira[lon of the ESC o mediation periotls o an party
has r vetl notice of potential litigation pursuant [o Chapter 164
of tha Floritla 5 EOSC sRall be held within thirty (30J
days from said a fSBy un written agreement of the chief
administrators of t e petitioni ngua nd respontltnq parties, the time
allowed for holding the EOSC may b tended e cept foi the EOSC
required by Chapter 164 of the Floridax Statutes%
(b) The EOSCS shall be heltl at a time and place acceptable to
both the petitioning antl responding parties. The EOSC shall not be
mediated or facilitated unless there is unanimous consent by the
petitioning and responding parties.
(c) r cipants at th EOSC shall tliscuss is su explore
solutions antliseek agreementein an effort to amicablyea ettle the
controversy.
(d) If n solution i achetl at the EOSC, any party may
immediately ommence proceedings in a court o£ competent
r jurisdic tlon.c
(e) nclusion of a OSC without agreement shall In n way
prevent parties from c Enq to pursue a cable r solution of
the issues >n vha [ever nfoiums they tleem appropriate.
SECTION 9. CONFLICTS
The i erl ocal Agreement of 1989 a orded i the public
o rds of St nole County, book 152, Page 1935, providing a ethod
ofcd is pate r solution is hereby t rmi oared. Thls Agreementmshall
take precetlence o arbitration o other conf lic[ r solution
provisions of other in[erlocal agreements atlopted by the parties to
this Agreement.
(60) days atlva n<e wia tten notice from the withdravinq party to all
(b) The initial term of this Agreement shall be for o e year
beginning December 1, 1994, theieaf tei, this Agreement shall renew
for one year periods commencing December 1, 1995.
~1 Yl~ Ry~Mayo CITY OF TAMONTE
FLORIDA
TE T:
Vie- rn,- RY ~_ F G
yoi, ITY O ASSELBERRY,
FLORIDA
EST: ~ nY~~,
Clerk M o CSTY OF LAKE MARY,
FLORIDA
ATT 6~T
1 k Mayor, CI Y OFMayor, CI Y OF L0NGW00~
FLORIDA
6--
ATTEST~j f ~ ~.,,(.
~Cle k v Mayox, STY OF SANFORO,
FLORIDA
A'PTEYS~T.~//~~//,
C1 Jrk rt ~ ~ BY~M yox~CLTY OF OV LE O~~/
SfORIDA
/ /~/JLCO~/~
T: ~" 'l
Cle k ul -- ITY O WINTER
~txk Chairman, INOLE COllNTY,
FLORIDA
TTEST: /~/~ y~-
~OYQ a• BY: L/L7'i5~-d O 4/ ~<-c( /
Supexinterttlent Chairm H SCHOOL OARD OF
BEMINOLE COUNTY, FLOAI[)A