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HomeMy WebLinkAboutSeminole County Supervisor of Elections Intergovernmental Agreement Relating to Elections - 2003 04 29 . . SEMINOLE COUNTY SUPERVISOR OF ELECTIONS/CITY OF WINTER SPRINGS INTERGOVERNMENTAL AGREEMENT RELATING TO ELECTIONS THIS AGREEMENT is made and entered into, on this t:tlJhday of ~, 2003, by and between the SUPERVISOR OF ELECTIONS for SEMINOLE COUNTY, a County Constitutional Officer of the State of Florida, whose address is Post Office Box 1479, Sanford, FL 32772-1479, (hereinafter referred to as the "SUPERVISOR OF ELECTIONS"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter Springs, FL 32708, hereinafter referred to as "CITY"). WHEREAS, the SUPERVISOR OF ELECTIONS and the CITY desire to enter into this Agreement in order to enhance the electoral processes for CITY elections when a Countywide election is not occurring on the same date as a CITY election and to provide for CITY elections during Countywide elections in a seamless manner. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and form a material part of the Agreement upon which the parties have relied. Section 2. Services. (a) This Agreement supercedes all prior agreements relating to the conducting of CITY elections. (b) CITY elections, at times when a Countywide election is occurring shall be accomplished by the SUPERVISOR OF ELECTIONS and the CITY in accordance with State law. (c) No less than one hundred twenty (120) days prior to a CITY election, to occur at a time that a Countywide election will not be held, the parties shall enter a memorandum of agreement, in substantially the attached form, in order for the SUPERVISOR OF ELECTIONS to administer the CITY election. The SUPERVISOR OF ELECTIONS may waive the one hundred twenty (120) day period. The charges of the SUPERVISOR OF ELECTIONS shall be determined prior to each CITY election. Section 3. Term. This Agreement shall be in effect until terminated by either of the parties hereto, in writing, with thirty (30) days notice to the other party. Section 4. Compliance with Local and State Laws. During the Agreement, the parties shall comply with all applicable State and Local laws, regulations and ordinances. Section 5. Public Records. All records and contracts, of whatsoever type or nature, required by the Agreement shall be available for audit, inspection and copying in accordance with Article I, Section 24, Constitution of the State of Florida, and Chapter 119, Florida Statutes. The parties shall retain all records and supporting documentation applicable to the Agreement for a minimum of five (5) years after resolution of the final audit and in accordance with Florida law. Section 6. Indemnification. (a) To the extent permitted by law, and without waiving sovereign immunity as set forth in Section 768.28, Florida Statutes, each party to this Agreement I " shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and omissions, and the actions and omissions of its personnel, in performing its obligations pursuant to the terms and conditions of this Agreement. (b) In the event that any action, suit or proceeding is brought against a party upon any alleged liability arising out of the Agreement, or any other matter relating to this Agreement, the other party shall promptly provide notice in writing thereof to the other party by registered or certified mail addressed to the other at the address provided hereinafter. Section 7. Non-Assignability. Neither party shall assign the Agreement without the prior written consent of the other. Section 8. Headings. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 9. Notice. Whenever either party desires to give notice unto the other, notice may be sent to. For SUPERVISOR OF ELECTIONS Supervisor of Elections Post Office Box 1479 Sanford, FL 32772-1479 For CITY City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 . ' Either of the parties may change, by written notice as provided herein, the address or person for receipt of notice. Section 10. Conflict of Interest. The parties agree that they will not engage in any action that would create a conflict of interest in the performance of their obligations pursuant to the Agreement which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Section 11. Entire Agreement, Effect on Prior Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements, if any, between the parties relating to the subject matter of the Agreement. Section 12. Modification. This Agreement may not be modified, amended, or extended orally. This Agreement may be amended by written agreement duly executed by the governing bodies of both parties. Section 13. Severability. If anyone or more of the covenants or provisions of the Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable from the remaining covenants or provisions of the Agreement, and shall, in no way, affect the validity of the remaining covenants or provisions of the Agreement. Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's or Supervisor of Election's right to sovereign " . immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's or Supervisor of Election's potential liability under state or federal law. Section 15. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day hereinabove first written. CITY OF WINTER SPRINGS -Luace~ City Clerk , Mayor 2003 SEMINOLE COUNTY SUPERVISOR OF ELECTIONS OFFICE By ~IJ.~ The Honorable Sandra (Sandy) Goard Date:~/2ti11 , EXHIBIT TO INTERGOVERNMENTAL AGREE (FORM TO BE USED PRIOR TO ELECTIONS) MEMORANDUM OF AGREEMENT FOR SERVICES AND MATERIALS FOR MUNICIPAL ELECTION Election Name: Election Date: Book Closing Date: Qualifying Period: Logic & Accuracy Test (Poll/AB Equipment): Date: Time: Location: Poll Worker Training: Date: Time: Location: Parties to Agreement: Seminole County Supervisor of Elections (City) 1. All candidate qualifying shall be the responsibility of the City. Verification of signatures on qualifying petitions shall be performed by the Supervisor of Elections at a cost of 10 cents' per name. 2. The City shall notify candidates and political committees of date and time for Logic & Accuracy Tests. 3. The Supervisor of Elections shall design ballot for City approval and place orders for printing which costs shall be paid by the City. The City shall furnish all ballot information - including election name and information as to races - immediately ' Represents current charge. upon the close of qualifying. (Candidates' names are to be spelled exactly as candidates desire them to appear on the ballot by State law). City shall approve ballot proof(s). The Supervisor of Elections shall program the voting equipment to count said ballots and test ballots received from printer, in accordance with State law. Date ballot information to be provided to Supervisor of Elections Office: Date anticipated for proof to be submitted for approval: 4. The City shall provide number of ballots to be ordered to the Supervisor of Elections at the time the City approves ballot proof(s). 5. The City shall pay the printer directly for all ballot printing and delivery. 6. The Supervisor of Elections shall mail advance notices to overseas electors at no charge to City. 7. The Supervisor of Elections shall process all requests for absentee ballots at a cost to the City of 50 cents2 per ballot, plus postage. Absentee ballot process includes: • Accepting all requests for absentee ballots by telephone, mail, or in person. • Mail absentee ballots. • Receive voted absentee ballots. • Verify signatures on returned absentee ballot certificates. • Account for all absentee ballots. • Provide materials for each absentee (envelopes, secrecy sleeves, any notices) 8. Early voting shall take place in Sanford, Florida, at the Office of the Supervisor of Elections during regularly scheduled business hours beginning at a date agreed to by the City and the Supervisor of Elections and ending on the last work day before the election. 9. The Supervisor of Elections shall provide voting equipment. 10. The City shall pay the Supervisor of Elections $203 per precinct for all supplies used at polling place locations including the precinct registers. 11. The City shall determine polling place locations and schedule use of same. The Supervisor of Elections shall provide list of County polling places upon request by the City. The City to contract and pay the owner of facilities for their use. 2 Represents current charge. 3 Represents current charge. 12. The City shall mail any and all required notices to affected voters if polling location changes. 13. The City shall hire and schedule poll workers for training classes and shall make election day assignments. It is highly recommended that the City schedule additional poll workers for training to be on standby as alternates. The City shall compensate poll workers. 14. The Supervisor of Elections shall train City poll workers. 15. The Supervisor of Elections shall transport equipment to and from polling places, at a cost of $254 per precinct to the City. The City shall make arrangements with polling locations for delivery and pick-up of equipment and shall notify the Supervisor of Elections no less than 5 days before delivery date. 16. All advertising or other requirements required by the City's Charter and State law, or otherwise, shall be the sole responsibility of the City. Please consult your attorney. 17. The Supervisor of Elections shall update voter records after the City election. 18. The Supervisor of Elections shall invoice the City for all costs due and payable and, within thirty (30)days of invoicing, the City shall issue a check or warrant made payable to Seminole County. 19. The City shall convene its Election Canvassing Board in accordance with the City's Charter, codes and ordinances, to determine which voted absentee and provisional ballots will be counted. 20. The Supervisor of Elections shall provide secure storage for any ballots while ballots are in her custody. Signed: Date (for Supervisor of Elections) Date (for City) 4 Represents current charge.