HomeMy WebLinkAbout03-05-2003 Proposed Interlocal Agreement - Supervisor of ElectionsBROWN, WARD, SALZMAN & WEISS, P.A.
Allernry.r at Lew
Usher L. Brown '
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman'
John H. Ward •
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
'Board Carlfied Buelness Litigatlon Lawyer
"Board Certified City, County & Local Govemment Law
Via Facsimile Only
Offices in Orland 0, Kissimmee,
Coc,uu & Vrerd
Debra S. Babb
Jeffrey P. Busk
Todd K, Norman
John U. Bledenham, Jr,
Joseph E. Ditch
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
March 5 2003
Erin J. O'Leary
Ot counsel
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 1 Our 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, 1 offer the following comments:
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. 1 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, Sub 860 - P.O. Box 2073.Orlando, Florida 32802-2573
Orlando (407) 425.9566 Fax (407) 42,& 596.1C"mmee (321) 402-0144 • Cocoa 6 Mara (666) 425-ome
Websk www.orlandolaw.net • Email: Firm6orlandolaw.net
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
March 5, 2003
Page 2
3. 1 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 11th. 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 Section 2(a) of the proposed interlocal agreement states
that this Agreement supercedes aU 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 effect 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.
ours,
Anthony A. Garganese
City Attorney
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