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HomeMy WebLinkAboutSupervisor of Elections for Seminole County Agreement Relating to Elections -2003 04 29 . . ~FMINnl 1= ~nIIMTV ~IIDa::D\/Ic:::nD nc --............-- ......."''-IP.'.. I '-''-'I _.'..'-''-'1' '-#. ELECTIONS/CITY OF WINTER SPRINGS INTERGOVERNMENTAL AGREEMENT RELATING TO ELECTIONS THIS AGREEMENT is made and entered into, on this 2'ttbday of ~, 2003, by and betwHen 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 SUPEHVISOR 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 L,ocal and State Laws. During the Agreement, the parties shall comply with all applicable State and Local laws, regulations and ordinances. Section 5. Public Records, AU 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 convenienoe 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 bl3 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 WINTERSPRINGS -Luace~ City Clerk J:}:r:::?~ - Date: April 14, 2003 . , Mayor SEMINOLE COUNTY SUPERVISOR OF ELECTIONS OFFICE By ~/j.~ The Honorable Sandra ($andy) Goard Date:~ 21 / 2m3 ~J. ";. Sandra uSandy" Goard Supervisor of Elections Ms. Andrea Lorenzo- Luaces, City Clerk Winter Springs City Hall 1126 East State Road 434 Winter Springs, FL 32708 Dear Andrea: April 30, 2003 19() a liB (;j'Q. m Il_' II...... "....-....RiiiiI,lii_ .... MAY 0':1 2003 \ ) CJTYOFWINTER ~~~ CITY /oWL I have executed and enclosed the Intergovernmental Agreement Relating to Elections between this offi'ce 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. SSG/cp Enclosure Location: 116 West 1st Street, Sanford, Florida Mailing Address: P.O. Box 1479, Sanford, Fl32772-1479 Tel: 407-665-7700~Fax: 407-665-7705 Web: www,semcaelections,org "'~ V ery truly yours, SUPERVISOR OF ELECTIONS oard