HomeMy WebLinkAbout2003 04 14 Consent H Election Intergovernmental Agreement
COMMISSION AGENDA
ITEM H
Consent X
Informational
Public Hearing
Regular
April 14. 2003
Regular Meeting
gr. 1
Authorization
REQUEST:
The City Clerk is respectfully requesting the City Commission review, and
approve acceptance of a (revised) Intergovernmental Agreement related to
Elections which was postponed from the March 10, 2003 Regular
Meeting.
PURPOSE:
The purpose of this Agenda Item is to request that the City Commission
approve the attached (revised) Intergovernmental Agreement between the
Supervisor of Elections for Seminole County and the City of Winter
Springs.
CONSIDERATIONS:
This Agenda Item originally went before the City Commission on March
10, 2003 and with brief discussion, the City Commission postponed this
until the City Attorney's comments and suggestions could be incorporated
into the proposed Agreement.
Pursuant to the City of Winter Springs' Code of Ordinances, the City
Clerk is responsible for handling many aspects of Elections. Such related
responsibilities are far greater when a stand-alone or Special Election is
held (when we do not piggyback on a County Election).
CITY OF WINTER SPRINGS
CONSENT AGENDA ITEM "h"
CITY COMMISSION
REGULAR MEETING - APRIL 14, 2003
PAGE 2 OF 5
A meeting was held on the morning of Wednesday, February 26, 2003 at
the Seminole County Supervisor of Elections Office. Six (6) of the seven
(7) Seminole County Cities were present and represented by their City
Clerks. At this meeting the Seminole County Supervisor of Elections, Ms.
Sandra Goard reviewed the attached proposed Intergovernmental
Agreement with the City Clerks.
The attached Intergovernmental Agreement and Exhibit addresses many of
the normal issues that City Clerks handle in relation to Elections, however
it includes something new - the Supervisor of Elections' willingness to
now handle the issuance of Absentee Ballots for each city's stand-alone or
Special Elections, which is normally done by City Clerks during such
Elections.
The attached Intergovernmental Agreement and Exhibit specifies some
costs for some tasks that normally are done by the Supervisor of Elections,
with each municipality paying for such services when needed:
· Verification of signatures on Qualifying Petitions (Identified as 1.
on the "EXHIBIT TO INTERGOVERNMENTAL AGREEMENT
- MEMORANDUM OF AGREEMENT FOR SERVICES AND
MATERIALS FOR MUNICIPAL ELECTION")
· Ballots (Identified as 3. on the "EXHIBIT TO
INTERGOVERNMENTAL AGREEMENT - MEMORANDUM
OF AGREEMENT FOR SERVICES AND MATERIALS FOR
MUNICIP AL ELECTION")
· Ballots (Identified as 5. on the "EXHIBIT TO
INTERGOVERNMENTAL AGREEMENT - MEMORANDUM
OF AGREEMENT FOR SERVICES AND MATERIALS FOR
MUNICIP AL ELECTION")
· Training and Compensation for Poll Workers (Identified as 13. on
the "EXHIBIT TO INTERGOVERNMENTAL AGREEMENT -
MEMORANDUM OF AGREEMENT FOR SERVICES AND
MATERIALS FOR MUNICIPAL ELECTION")
The Intergovernmental Agreement and Exhibit does specify some new
costs for some tasks that the Supervisor of Elections normally has done but
has not previously charged each municipality for, such as:
· Processing of Absentee Ballots including postage (Identified as 7.
on the "EXHIBIT TO INTERGOVERNMENTAL AGREEMENT
- MEMORANDUM OF AGREEMENT FOR SERVICES AND
MATERIALS FOR MUNICIPAL ELECTION")
CITY OF WINTER SPRINGS
CONSENT AGENDA ITEM "h"
CITY COMMISSION
REGULAR MEETING - APRIL 14, 2003
PAGE 3 OF 5
· Supplies per Precinct (Identified as 10. on the "EXHIBIT TO
INTERGOVERNMENT AL AGREEMENT - MEMORANDUM
OF AGREEMENT FOR SERVICES AND MATERIALS FOR
MUNICIPAL ELECTION")
· Transportation of equipment per Precinct (Identified as 15. on the
"EXHIBIT TO INTERGOVERNMENTAL AGREEMENT -
MEMORANDUM OF AGREEMENT FOR SERVICES AND
MATERIALS FOR MUNICIPAL ELECTION").
The Intergovernmental Agreement and Exhibit specifies that the City will
now "contract and pay the owner of facilities for their use" as noted in the
following wording:
· "Contract and pay the owner of facilities for their use" of Polling
Places (Identified as 11. on the "EXHIBIT TO
INTERGOVERNMENTAL AGREEMENT - MEMORANDUM
OF AGREEMENT FOR SERVICES AND MATERIALS FOR
MUNlCIP AL ELECTION"). Note: Usually we have not been
charged in the past, however there have been a few exceptions.
(Should this Agreement be approved, we will need to have a
Contract drawn up for use in such cases).
The attached documents as proposed includes the first five (5) page
Agreement to be signed by the Mayor. The three (3) page "EXHIBIT TO
INTERGOVERNMENTAL AGREEMENT - MEMORANDUM OF
AGREEMENT FOR SERVICES AND MATERIALS FOR MUNICIPAL
ELECTION" would be signed by the City Manager each time the City has
a stand-alone or Special Election.
A copy of the attached document was sent to the City Attorney for his
review, and based on comments made by the City Commission during the
March 10, 2003 Regular Meeting, the comments of the City Attorney have
been incorporated into the attached (revised) Agreement.
Absentee Ballots:
At the meeting held on February 26,2003 with the City Clerks, Ms. Goard
explained that with their current Voter Registration system, it is very easy
for her office to handle all tasks related to Absentee Ballots, and per this
Agreement, Ms. Goard's office is willing to take over this responsibility.
This would be an incredible burden taken off of the City Clerk and the cost
of 50 cents per ballot (plus postage) is more than a fair cost for this
servIce.
FUNDING:
CITY OF WINTER SPRINGS
CONSENT AGENDA ITEM "h"
CITY COMMISSION
REGULAR MEETING - APRIL 14,2003
PAGE 4 OF 5
Keeping up with the numerous changes in the law and very complicated
Florida Statutes (as echoed by an Attorney with the Division of Elections)
to deal with are just a couple of major concerns that City Clerks have
when trying to handle Absentee Ballots, especially when we don't do this
on a daily basis.
Although each stand-alone or Special Election is unique, the costs noted
below would normally be involved for each (City of Winter Springs)
stand-alone or Special Election:
The following approximate costs are what the City would normally incur
for each stand-alone or Special Election:
Printing of Ballots:
Mailing of Notices (if required):
Poll Workers Training:
($20.00 x 55 Poll workers and 7 alternates)
Poll Workers Election Day Pay:
(11 Poll Clerks at $150.00 per Poll Clerk;
44 Poll Inspectors at $120.00 per Poll Inspector;
and 11 Poll Deputy's at $100.00 per Poll Deputy)
Advertising:
Total:
$ 500.00
$ 200.00
$ 1,240.00
$ 8,030.00
$ 1.000.00
$10,970.00
If the City were to go with the attached Intergovernmental Agreement, the
City would need to pay the following approximate new costs (in addition
to the above costs to the City) for each stand-alone or Special Election:
Processing Absentee Ballots (including postage)
(actually the City has been paying for these costs,
just not to the Supervisor of Elections)
Supplies for 11 Precincts:
Contracting the use of facilities
Transport of Equipment
Total:
$ 150.00
$ 220.00
$ 500.00
$ 275.00
$ 1,145.00
CITY OF WINTER SPRINGS
CONSENT AGENDA ITEM "h"
CITY COMMISSION
REGULAR MEETING - APRIL 14,2003
PAGE 5 OF 5
RECOMMENDATIONS:
It is respectfully recommended that the City Commission approve and
allow the Mayor to sign the attached "SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS/CITY OF WINTER SPRINGS
INTERGOVERNMENTAL AGREEMENT RELATING TO
ELECTIONS" (the first 5 page Agreement),
Additionally, it is requested that the City Commission designate the City
Manager to sign the "EXHIBIT TO INTERGOVERNMENT AL
AGREEMENT - MEMORANDUM OF AGREEMENT FOR SERVICES
AND MATERIALS FOR MUNICIPAL ELECTION" each time the City
has a stand-alone or Special Election.
ATTACHMENTS:
A. A copy of the originally proposed "SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS/CITY OF
INTERGOVERNMENTAL AGREEMENT RELATING TO
ELECTIONS" AND "EXHIBIT TO INTERGOVERNMENTAL
AGREEMENT - MEMORANDUM OF AGREEMENT FOR
SERVICES AND MATERIALS FOR MUNICIPAL ELECTION"
B. A copy of a letter related to Attachment "A," dated March 5, 2003
from City Attorney Anthony A. Garganese
C. A copy of the previous "POLL WORKER AND ELECTION
ASSISTANCE INTERLOCAL AGREEMENT" as provided to City
Attorney Anthony A. Garganese on March 10, 2003
D. A copy of the (revised) proposed "SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS/CITY OF WINTER SPRINGS
INTERGOVERNMENTAL AGREEMENT RELATING TO
ELECTIONS" AND "EXHIBIT TO INTERGOVERNMENTAL
AGREEMENT - MEMORANDUM OF AGREEMENT FOR
SERVICES AND MATERIALS FOR MUNICIPAL ELECTION"
COMMISSION ACTION:
ATTACHMENT
"A"
SEMINOLE COUNTY SUPERVISOR OF
ELECTIONS/CITY OF
INTERGOVERNMENTAL
AGREEMENT RELATING TO ELECTIONS
THIS AGREEMENT is made and entered into, on this _day 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
, a Florida
municipal
corporation,
whose
mailing
address
is
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, the parties shall defend, hold
harmless and indemnify the other party from and against any and all liability, loss,
claims, damages, costs, attorney's fees and expenses of whatsoever kind, type, or
nature which the other party may sustain, suffer of incur or be required to pay by reason
of loss or damage, by reason or as a result of any act or omission of the other party in
the performance of the Agreement or as may otherwise result in any way or instance
whatsoever arising from 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
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
ATTEST:
CITY OF
, City Clerk
I Mayor
Date:
SEMINOLE COUNTY SUPERVISOR
OF ELECTIONS OFFICE
By
The Honorable Sandra (Sandy) Goard
Date:
EXHIBIT TO INTERGOVERNMENTAL
AGREEMENT {FORM TO BE USED PRIOR TO
ELECTIONSl
MEMORANDUM OF AGREEMENT
FOR SERVICES AND MATERIALS FOR MUNICIPAL ELECTION
Election Name:
Election Date:
Book Closing Date:
Qualifying Period:
Logic & Accuracy Test (Poll/AS Equipment): Date:
Time:
Location:
Poll Worker Training: Date:
Time:
Location:
Parties to Agreement:
Seminole County Supervisor of Elections
( C itv )
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 cents1 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
1 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 $254 per precinct to the City. The City shall make arrangements with
polling locations for delivery and pick-up of equipment and shall notify the
Supervisor of Elections no less than 5 days before delivery date.
16. All advertising or other requirements required by the City's Charter and State law,
or otherwise, shall be the sole responsibility of the City. Please consult your
attorney.
17. The Supervisor of Elections shall update voter records after the City election.
18. The Supervisor of Elections shall invoice the City for all costs due and payable
and, within thirty (30) days of invoicing, the City shall issue a check or warrant
made payable to Seminole County.
19. The City shall convene its Election Canvassing Board in accordance with the
City's Charter, codes and ordinances, to determine which voted absentee and
provisional ballots will be counted.
20. The Supervisor of Elections shall provide secure storage for any ballots while
ballots are in her custody.
Signed:
Date
(for Supervisor of
Elections)
Date
(for City)
4 Represents current charge.
ATTACHMENT
"B "
. -:::1- _,-
BROWN, WARD, S.ALZMAN & WEISS, P.A.
Attorney.r at Law
Usher L. Brown' Offices in Orlando, Kissimmee,
Suzanne D'Agnll;la" C\X:UIl & vietti
Anthony A. Garganeseo
Gal)' S. Salzman'
JOhn H. Ward'
Jeffrey S. Weiss
Debra S. Babb
Jeffrey P. Buak
Todd K. Norman
John U. Bledentlllrn. Jr.
Joseph E. Blitch
Jennifer A. Michael
Michelle A, Redcfin
Vincent E. Scarlalos
'Board Certilled Civil Trial Lawyer
'Beard Certified BU9lness litigation Lawyer
aBoard Certlned City, County & Local Government Law March 5, 2003
Erin J. O'Leary
Of CoUfl$e1
Via Facsimile Only
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Proposed Interlocal Agreement - Supervisor of Elections
City of Winter Springs lOur File No. 1193
Dear Andrea:
I have completed my review of the proposed interlocal agreement that you provided
to me on February 27, 2003. The agreement is generally acceptable and is legally
sufficient. However, J offer the following comments:
1. Given that your office conducts City elections, I highly recommend that you
thoroughly review the exhibit to the interlocal agreement to determine
whether the terms and conditions set forth in the exhibit adequately address
the City's needs and responsibilities. Your prior experience in conducting
City elections is extremely relevant in determining whether the terms and
conditions are acceptable.
2. I highly recommend that Section 6(a) be amended to read as follows:
(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 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.
225 East Robinson Street. Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 .l(lUlmmee (321) 402~144. Cocoa & Viera (BOO) 425-9566
Website: WI/M'.orlandolaw.net . Email: rtrm@orlandolaw.net
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Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
March 5, 2003
Page 2
3. I also highly recommend that the following paragraphs be added:
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 addition, to date the Supervisor of Elections has not responded to my October
4, 2002 letter regarding the Supervisor's request that all City candidates be qualified no
later than September 11 tho As you know, this request conflicts with the current City
Charter. The City needs to clarify this issue and clarifying it in this interlocal agreement
would be a good idea. Please advise how you wish to handle this issue.
Lastly, I should note that Sec1ion 2(a) of the proposed interlocal agreement states
that this Agreement supercedes sl! prior agreements relating to conducting City elections.
I am neither aware of, nor have I been asked to review, any existing interlocal agreements
between the City and the Supervisor of Elections involving City elections. Therefore, I am
unable to opine whether Section 2(a) will affect any current contractual rights and
obligations under any existing interlocal agreements between the parties. I would
recommend that you determine whether any existing interlocal agreements are currently
in effec1 and review them to determine whether or not the City truly wants to supercede
those agreements with the proposed interlocal agreement. I will be happy to assist you
in this regard.
If you have any questions, please do not hesitate to contact me.
Anthony A. Garganese
City Attorney
AAG:jf
"
ATTACHMENT
"C"
MEMORANDUM
TO: Anthony A. Garganese, City Attorney
FROM: Andrea Lorenzo-Luaces, C~ Clerk
SUBJECT: Supervisor Of Elections Interlocal Agreement
DATE: March 10,2003
In accordance with your letter dated March 5, 2003 related to Consent Agenda Item "D,"
until today, I was unable to locate in our records the previous Interlocal Agreement
referenced in the new Intergovernmental Agreement; and have been trying to get a copy
from one of the other cities. Attached is a copy of the referenced Interlocal Agreement
that the City of Lake Mary was kind enough to share,
I trust this will help with your review of the Intergovernmental Agreement referenced in
Consent Agenda Item "D."
As always, if I can be of further assistance, please feel free to contact me.
Attachment
COPY: Mayor And City Commission
Ronald W. McLemore, City Manager
03/10/2003 . 15:52
CITY OF LAKE MARY.. 94073274753
NO. 402
POLL WORKER AND
ELECTIOR ASSISTANCE
IRTBRLOCAL AGRBEMERT
day of
THIS AGRBBMBNT is made and entered into this /tf~
~ "" , by". ",tw", SEHINOLE
political subdivision ~f the state of Florida, whose
COUNTY, a
address is Seminole county Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as the
"COUNTY";
the SEMINOLE COUNTY SUPERVISOR OP ELECTIONS, an
independent constitutional officer, whose address is Seminole
County Services Building, 1101 East First Street, Sanford,
Florida 32771, hereinafter referred to as the "SUPERVISOR";
the CITY OF ALTAMONTE SPRINGS, a Florida municipal
corporation, whose address is 225 Newburyport Avenue, A1tamonte
Springs, Florida 32701, hereinafter referred to as "ALTAMONTE
SPRINGS";
the CITY OF CASSELBERRY, a Florida municipal
corporation, whose address is 95 Lake Triplet Drive, casselberry,
Florida 32707, hereinafter referred to as "CASSELBERRY";
the CITY OF LAKE MARY, a plorida municipal corporation,
whose address is Post Office BOK 725, Lake Mary, Florida 32746,
hereinafter referred to as "tARE MARY";
the CITY OF LONGWOOD, a Florida municipal corporation,
whose address is 175 W. Warren Avenue, Longwood, Florida 32750,
hereinafter referred to as "LONGWOOD";
the CITY OF OVIEDO, a Florida municipal corporation,
whose address is Post Office BOK 159, Oviedo, Florida 32765,
hereinafter referred to as "OVIEDO" and
the CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter
Sprinqs, Florida 32708, hereinafter referred to as "WINTER
SPRINGS".
WITNESSBTH:
WHEREAS, ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOn, OVIEDO, and WINTER SPRINGS, shall collectively
1
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hereinafter be referred to as "CITIES", but, if referred to in
the singular, the term "CITY" shall be used; and
WHERBAS, the SUPERVISOR, the CITIES and the COUNTY
desire to mutually cooperate with each other and to enhance the
electoral process by causing voter access to polling places to be
facilitated at the least possible cost to the public; and
WHEREAS, there are available cost-savings to be gained
if the SOPERVISOR'S poll worker personnel would issue ballots for
both COUNTY elections and elections of the CITIES when such
elections occur concurrently and if parsonnel of the CITIES would
serve as Deputy Supervisors of Elections; and
WHBREAS, a pilot program' involving the SUPERVISOR and
several of the CITIES was successfully accomplished during the
November 3, 1987 elections with all participants concluding that
the public benefitted from the cooperative efforts made; and
WHERBAS, the SUPERVISOR currently provides, at no cost
to the CITIES ballot layout services, use of voting equipment,
computer programming services, rosters of electors and ballot
counting services for all eleetions and the use of COUNTY polling
places during elections that are countywide elections; and
WHBREAS, the Clerks of the several CITIES and other
personnel of the CITIES have acted as Deputy Supervisors of
Elections in the past upon appointment by the SUPERVISOR and such
services have made voter registration more convenient for the
general public and thereby enhanced and encouraged participation
in the electoral process; and
WHEREAS, the COUNTY approves the budget of the
SUPERVISOR; and
WHBREAS, the COUNTY and the SUPERVISOR desire to assist
the CITIES 1n conducting elections to the maximum extent possible
and to likewise reduce the public costs associated with the
electoral process; and
WHEREAS, the COUNTY, the SUPERVISOR and the CITIES have
determined that it would be in the best interest of the citizens
2
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~/1"'/~"''''..:l
r..; I"' Y OF LRKE MARY -7 94073274753
~1O . 402
lb:~d
of Seminole County, Florida, that this Interlocal Agreement be
entered; and
WHEREAS, the parties hereto have the individual and
corporate powers and authority to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the premises and
promises and covenants herein contained, it is mutually agreed
between the parties as follows:
SBCTION 1. RECITALS. The above recitals are true and
correct and form a material part of this Agreement upon which the
parties have relied.
SECTION 2. SERVICES PROVIDED TO CITIBS WITHOUT COST.
(a) The COUNTY and the SUPERVISOR shall agree to
provide the following services to the CITIES, without charge or
costs to the CITIES except as provided in the following
subsection, during elections of the CITIES:
(1) Ballot layout services.
(2) Use of voting equipment.
(31 Computer programming services.
(41 Rosters of electors,
(5) Ballot counting services.
(b) If the SUPERVISOR is unable to provide the
services set forth above in the preceding subsection in the
normal course of her regular duties, the COUNTY and the
SUPERVISOR shall coordinate the procurement of the aforementioned
services for the CITIES and the COUNTY shall conclusively
determine the costs due from each CITY to reimburse the COUNTY
and/or SUPERVISOR due to the procurement of such services on
behalf of the CITIES.
SECTION 3.
POLL WORKER SBRVICES DURING COUN~YWIDE
BLECTIONS.
(a) The COUNTY and the SUPERVISOR, during countywide
elections, shall provide poll workers at all countywide election
polling places sufficient in number to issue ballots for both the
countywide election and any CITY election that may be occurring
concurrently with the countywide election; provided, however,
3
[;104
\:l~/l\:l/d\:l\:l~
lb:::J~
LilY UI- LHK'" MHKY .. ':;j4\:l"(~d'(4'(::'~
NU.4~d
that the sole and exclusive authority to select poll workers
shall be vested in the SUPERVISOR.
(b) If the number of required poll workers to
accomplish a countywide election was also sufficient to
concurrently accomplish a CITY election at a polling place, then
the CITY shall not be charged for the use of poll workers issuing
CITY ballots at the particular polling place.
(e) If the number of required poll workers to
accomplish a countywide election was not sufficient to
concurrently accomplish a CITY election at the polling place,
then the SUPERVISOR shall charge the said city a pro-rata charge
for the additional poll worker(s) required; provided, however,
that a CITY shall not be charged a pro-rata charge for poll
workers if there were not FIFTY-ONE (51) or more CITY electors
which could have voted at such polling place at the time of the
concurrent CITY election.
(d) pro-rata costs of poll workers that may be
assessed against a CITY in an appropriate situation shall be
computed and determined by the SUPERVISOR and such computations
and determinations shall be conclusive.
SECTION 4. VOTER RBGISTRATION SERVICES PROVIDED BY THE
CITIES WITHOUT COST.
(a) The CITIES shall, through the offices of the
several Clerks of the said CITIES provide voter registration
services to the COUNTY and the SUPERVISOR including, but not
limited to, the use of the offices of the various Clerks of the
said CITIES for the purposes of registering electors to vote in
all elections pursuant to Chapter 98, Florida Statutes (1987), or
its similar successor provision.
(b) The CITIES shall cause and allow their respective
Clerks and such additional personnel as may be deemed necessary
to be appointed Deputy supervisors of Elections by the SUPERVISOR
in accordance with section 98.271, Florida Statutes (1987), or
its similar successor provision.
4
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10::><::
'_11'1" ur LHKto MHKY .. ';:j41::r(Sd'(4T;J:j
NO. 402
c:
(c) The services provided by the CITIES to the COUNTY
and the SUPERVISOR pursuant to this Section shall be without
cost or charge to either the COUNTY or the SUPERVISOR,
SBCTION 5.
TBRM.
The initial term of this Agreement
shall be for a term beginning the date the last party executes
this Agreement and ending October I, 1989, Upon expiration, this
Agreement shall be automatically renewed by all parties for
additional one (ll year periods unless a party shall express its
intent to withdraw from this Agreement at the expiration date
then in effect by providing written notice to all other parties
no less than ninety (90l days prior to the expiration date in
effect.
IN WITNESS WHEREOP, the parties hereto have
hereunto set their hands and seal the day and year below written.
ATTEST; .:~
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pat Wa Il.~ t, C Y C erk
CITY OF ALTAMONTE SPRINGS
(SEAU)"'
~s; /9??
Date:
ATTEST:
~~av~
(SEAL)
Date: /Aou1o?-I;. If y1
ATTEST: ....
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Date: Uune 2.., ICfEB
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ATTEST:
CITY OF LONGWOOD
By: !ir~/!: ~~
DaVl Gunter, Mayor
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,,>:-~6.1ti~;i.'k
Date: ~7..J'/; r'l? r
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03/ 10/2003
16:52
CITY OF LAKE MARY ~ 94073274753
NO. 402
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ATTE;ST:
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ATTEST:.. ~
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~..' AUEST ~ : .~
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/;.. DAV,ID- . E
.' Cleric to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole county only.
Approved as to form and
legal sufficienc
LNG/99
040688
04118B
042888
CITY OF OVIEDO
By: rU ~
Cha~11e Beas ey, Ma r
Date:
~/d~ J?l%
CITY OF WINTER SPRINGS
BY~~
Leanne GrQRe, Mayor
Date: 'may. It!.. /11;7
SEMINOLE COUNTY SOPERVISOR OF
ELECTIONS
~l1....AAf,} ~. ~)
San ra S. Goard
Date:
(.; \ Ito!. l1s '6
AS authorized for execution
by the Board of County Com~is-
sioners at their n A^-'- )Y ,
19~, regular meer1ng.
6
lI07
ATTACHMENT
"D"
Andrea Lorenzo-Iuaces
From:
Sent:
To:
Subject:
DJoyner@co.seminole.fl.us
Monday, March 31,20034:38 PM
Andrea Lorenzo-Iuaces
Agreement Relating To Elections
~
City Election
AgreementW5.rtf ...
Andrea,
Attached is the Agreement Relating To Elections with the recommendations incorporated into
it from your City Attorney and approved by our attorney. Upon processing send the signed
Agreement to Sandy for her approval,
If any questions, please contact me.
Dennis
(See attached file: City Election AgreementWS.rtf)
1
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Webslte: www.wlntersprlngsfl.org
April 25, 2003
The Honorable Sandra S, Goard
Supervisor of Elections for Seminole County
116 West First Street
Sanford, Florida 32771
Dear Ms. Goard,
I am enclosing two (2) originals of the document entitled "SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS / CITY OF WINTER SPRINGS
INTERGOVERNMENTAL AGREEMENT RELATING TO ELECTIONS" which
have been duly executed by the City of Winter Springs. Please return one original to me
after it has been executed by you.
Thank you for your assistance with this. If you have any questions or concerns, please
feel free to contact me at (407) 327-5955.
Sincerely,
CITY OF WINTER SPRINGS
Enclosures
COPY: Anthony A. Garganese, City Attorney (w/o enclosures)
SEMINOLE COUNTY SUPERVISOR OF
ELECTIONS/CITY OF WINTER SPRINGS
INTERGOVERNMENTAL
AGREEMENT RELATING TO ELECTIONS
THIS AGREEMENT is made and entered into, on this _day 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
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
1.13~
, Mayor
SEMINOLE COUNTY SUPERVISOR
OF ELECTIONS OFFICE
By
The Honorable Sandra (Sandy) Goard
Date:
EXHIBIT TO INTERGOVERNMENTAL
AGREEMENT (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/AS 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
1 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 s~all 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
Elections)
(for Supervisor of
Date
(for City)
4 Represents current charge.
4
Sandra "Sandy" Goard
Supervisor of Elections
RI!CEIV.D
, ..
MAY 0':1 2003
CnYOfWINTER~~
CITY HAU.
April 30, 2003
Ms. Andrea Lorenzo- Luaces, City Clerk
Winter Springs City Hall
1126 East State Road 434
Winter Springs, FL 32708
Dear Andrea:
I have executed and enclosed the Intergovernmental Agreement Relating to Elections
between this office and the City of Winter Springs, Weare pleased to be able to offer this new
service to the City of Winter Springs,
Please do not hesitate to contact us if we may be of further assistance to you at any time
in the future.
Very truly yours,
SUPERVISOR OF ELECTIONS
oard
SSG/cp
Enclosure
Location: 116 West 1st Street, Sanford, Florida
Mailing Address: P.O. Box 1479, Sanford, Fl 32772-1479
Tel: 407-665-7700iZFax: 407-665-7705
Web: www.semcaelectians.org
~
SEMINOLE COUNTY SUPERVISOR OF
ELECTIONS/CITY OF WINTER SPRINGS
INTERGOVERNMENTAL
AGREEMENT RELATING TO ELECTIONS
THIS AGREEMENT is made and entered into, on this 2qJJijay 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
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
~/'~
J oh. Bush -,Mayor
Date: April 14, 2003
SEMINOLE COUNTY SUPERVISOR
OF ELECTIONS OFFICE
By ~/j,~
The Honorable Sandra (Sandy) Goard
Date:~ :!1/2fil1
I