Loading...
HomeMy WebLinkAbout2026 05 11 Consent 302 - Approval of Memorandum of Agreement with Supervisor of Elections for Seminole CountyCONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | MAY 11, 2026 REGULAR MEETING TITLE Approval of Memorandum of Agreement with Supervisor of Elections for Seminole County SUMMARY The Seminole County Supervisor of Elections office requested an updated version of the Memorandum of Agreement related to elections and responsibiliites of the city and their office. The City Clerk and City Attorney's Office worked with the Supervisor of Elections Office and are presenting the attached Memorandum of Agreement for approval by the City Commission. The agreement maintains the Supervisor's role in the petition verification process, provision of access to electronic cmapaign finance reporting, and their role as the Cavassing Board for election returns. An update was made related to payment of petition verification requiring candidates to provide a check drawn from their campaign account for the number of submitted petitions at the time of submittal during qualifying rather than allowing for invoiving of candidates after verification occurs. This change is to achieve compliance with Florida Statutes. The Supervisor's Office and the City have agreed to all changes as presented and recommend approval. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve the attached Memorandum of Agreement between the City of Winter Springs and the Supervisor of Elections for Seminole County. 40 1 | P a g e MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND THE SUPERVISOR OF ELECTIONS FOR SEMINOLE COUNTY This Memorandum of Agreement, is made and entered into this day of , 2026, by and between the City of Winter Springs, a political subdivision of the State of Florida, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as the "CITY”) and the Supervisor of Elections for Seminole County, operating under the legal authority of Chapter 98, Florida Statutes, and implementing the Florida Election Code1 and associated laws, whose address is 1500 East Airport Boulevard, Sanford, Florida 32773 (hereinafter referred to as the "SUPERVISOR"). W I T N E S S E T H Whereas, the City Charter of the City of Winter Springs and Section 2-87 of the City Code of the City of Winter Springs, as may be amended from time to time, provide for the qualifying for office of candidates for City office; and Whereas, the City Clerk serves as the supervisor of elections for the City elections within the City of Winter Springs in accordance with Section 2-81 of the Code of Ordinances of the City of Winter Springs; and Whereas, there are circumstances where the SUPERVISOR is called upon to verify signatures of registered voters as provided in the Code of Ordinances of the City of Winter Springs, Florida (“City Code”); and Whereas, the SUPERVISOR is most qualified and best able to verify the signatures of registered voters when such action is required by controlling law; and Whereas, the City and the SUPERVISOR desire to cooperate and collaborate in 1 Section 97.011, Florida Statutes, provides that “Chapters 97-106 inclusive shall be known and may be cited as ‘The Florida Election Code.’” 41 2 | P a g e the activities needed to verify the signatures of registered voters and to otherwise hold elections; and Whereas, Chapter 2, Article IV of the City Code relates to the administration of City elections and delegated significant authority to the City Clerk relative to the administration of City elections; and Whereas, this Memorandum of Agreement serves a public purpose and is authorized pursuant to the provisions of the Florida Election Code, Chapter 166, Florida Statutes, the City Charter and the City Code and other applicable law. Now, Therefore, in consideration of the premises and the promises, covenants, agreements and commitments contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by both parties, the CITY and the SUPERVISOR agree as follows. Section 1. Recitals. The above recitals are true and correct and form a material part of this Memorandum of Agreement upon which the CITY and the SUPERVISOR have relied. Section 2. Term. This Memorandum of Agreement shall become effective upon approval by the City Commission of the CITY and the SUPERVISOR and shall remain in effect for an indefinite period subject to termination by either the CITY or the SUPERVISOR by providing the non-terminating party no less than ninety (90) days advance written notice. Section 3. Collaboration; Qualifying and Qualifying Petitions. (a). In the event that the alternative method of qualifying is utilized by any person seeking election to the City Commission of the CITY, the City Clerk shall supply the petition forms to the candidate. Once the candidate has collected the signatures, the 42 3 | P a g e candidate shall file the petition forms with the City Clerk in accordance with the City Charter. The City Clerk of the CITY shall then deliver the signatures on the petition forms to the SUPERVISOR for verification of the signatures, which shall be performed by the SUPERVISOR at a cost of 10 cents per name. The candidate shall pay for signature verification by the SUPERVISOR by delivering to the City Clerk a check drawn from their campaign account at the time of qualifying. Said check shall be made payable to the Supervisor in an amount based on the number of signatures to be verified. The petitions and check received by the City Clerk will then be delivered to the Supervisor so the signatures can be verified. Upon review and evaluation of the qualifying petition signatures by the SUPERVISOR, the SUPERVISOR shall advise the City Clerk of the CITY of the number of verified qualifying petitions. Following verification of the qualifying petition signatures, the SUPERVSIOR shall retain the original qualifying petitions. The City Clerk of the CITY shall make copies of the qualifying petitions before they are delivered to the SUPERVISOR. The City Clerk of the CITY may retain such copies in accordance with the applicable General Records Schedule GS3 for Election Records. (b). In addition to the processing of qualifying petitions, the CITY and the SUPERVISOR may enter memorandums of agreement to address other similar processes that may be required under the provisions of controlling law relating to elections. The CITY and SUPERVISOR agree the same process for verifying signatures on qualifying petitions shall be used for verifying signatures on petitions for initiatives and referendums pursuant to Article IX of the City Charter and other applicable provisions of the City Code and applicable Florida Statutes. (c). The SUPERVISOR agrees to provide the candidate with access to the electronic campaign finance reporting system, including system setup, login credentials, and any required orientation or instructions necessary to ensure proper use. The 43 4 | P a g e SUPERVISOR will maintain the system in accordance with Florida election laws and will provide technical assistance to candidates as needed to support accurate and timely campaign finance reporting. The SUPERVISOR may supply the City Clerk with reporting dates so that the Clerk may assist in advising candidates of such dates. (d). For special elections to be held not on a regular elections cycle, once it is confirmed that an election will occur, the CITY agrees to provide the SUPERVISOR with the Early Voting dates and designated polling locations, unless the election will be conducted as a mail ballot election. The CITY further agrees to communicate any updates or changes in a timely manner to ensure proper coordination, public notice, and compliance with all applicable election laws and procedures. (e). The CITY agrees to confirm and provide the SUPERVISOR the most recent approved Municipal boundaries, offices/seats up for election, term lengths no later than June 1 of each year in which a regular election is held. Further, the CITY agrees to confirm and provide the SUPERVISOR with any district boundaries that may apply to any future CITY elections or applicable subarea boundaries in which an election may occur, such as for an annexation referendum. (f). The CITY agrees to provide the SUPERVISOR with the finalized ballot language for all candidates, charter amendments, referenda, and/or initiatives by a date to be mutually determined. Upon receipt, the Supervisor of Elections will prepare the ballot and work collaboratively with the CITY to review, proof, and approve the ballot content prior to printing to ensure accuracy, compliance with applicable laws, and consistency with the CITY’s approved language. Approval in writing of ballot language is required within 24 Hours of receipt of the CITY, and if written approval is not received within that time frame, then it will be deemed to be an approval of the draft layout and language. The SUPERVISOR agrees that it shall make available a translator that will 44 5 | P a g e provide a written translation of the CITY’s finalized ballot language upon request. The CITY may be required to pay for such translation if the election is in an odd-numbered year or special election. (g). The SUPERVISOR agrees to conduct and administer the CITY’s election in full compliance with all applicable federal, state, and local election laws and rules. This includes providing all required election materials and resources such as paper ballots, certified tabulation equipment, ADA-compliant voting systems, precinct supplies, trained personnel to the extent personnel are not provided by the CITY, training to personnel, and securing all polling locations for general elections, and any other tools necessary to ensure a secure, accessible, and properly executed election. The SUPERVISOR will carry out all election-related duties with accuracy, transparency, and adherence to statutory requirements. The SUPERVISOR will handle statutory notice obligations with the CITY reimbursing the SUPERVISOR for costs of required notices. The CITY agrees to notify the SUPERVISOR of any intent to have a Secure Ballot Intake Station at its early voting locations upon notification of election dates. (h). The SUPERVISOR shall be responsible for coordinating the Canvassing Board in accordance with all applicable provisions of the Florida Statutes. This includes scheduling and conducting public Logic and Accuracy testing of voting equipment, overseeing the canvassing of vote-by-mail ballots, provisional ballots, and any other ballots requiring review, and ensuring the proper certification of election results as required by law. The SUPERVISOR will provide all necessary support, documentation, notices, and resources to facilitate the Canvassing Board’s duties and maintain full compliance with statutory procedures and timelines. 45 6 | P a g e (i). The CITY agrees to provide and bear the cost of securing polling locations as deemed appropriate by the City Clerk and City Commission for early voting and election day for special elections not held on a regular elections cycle. For all elections, the SUPERVISOR is responsible to ensure the polling locations are ADA compliant, and the CITY is responsible to make any temporary accommodations as required by law to meet ADA compliance as reasonably required at City-owned facilities. The CITY agrees to provide a location where election equipment can be securely stored to the maximum extent feasible while not within the voting hours of the election. The SUPERVISOR will be responsible for the locking mechanism to ensure chain of custody of equipment remains with the SUPERVISOR. The CITY is responsible to ensure appropriate parking, security, and power/climate control for elections administration. (j). The CITY agrees to reimburse the SUPERVISOR for all costs incurred in conducting elections held for standalone City elections, including but not limited to any special elections or mail ballot elections. Reimbursable expenses may include equipment, transport and delivery of equipment, supplies, printing, postage, facilities, required notices, and any other costs directly associated with administering the CITY’s election. The SUPERVISOR will provide an estimate of the costs of a standalone election upon request by the City Clerk. The SUPERVISOR shall provide an updated fee schedule for such costs of a standalone election annually to the City Clerk of the CITY or when updated. In addition, the SUPERVISOR shall provide an itemized invoice following the completion of the election, and the CITY agrees to remit payment within 45 days. If a recount is triggered under Florida law, the CITY agrees to reimburse the SUPERVISOR for actual costs associated with the recount. These costs could include staff overtime, room set up, vendor support, security, postage, printing, etc. The CITY agrees to 46 7 | P a g e reimburse the SUPERVISOR for costs associated with city-specific litigation as it relates to recounts, contests or challenges. (k). The CITY agrees to provide guidance to the SUPERVISOR of the City’s applicable policies and regulations related to sign placement during elections (outside of the 150-foot zone). The SUPERVISOR agrees to provide this language to candidates (during general elections) to facilitate informed candidates. (l). In instances of Emergencies/Contingency planning, the CITY agrees to assist the SUPERVISOR in alternative polling locations and support any clearance or safety issues to ensure appropriate access. For the purposes of emergency situations, the CITY CLERK and SUPERVISOR OF ELECTIONS will be point of contact for the respective agencies. (m). For all elections that are not standalone elections for the City of Winter Springs, the SUPERVISOR assumes financial responsibility of the elections; otherwise, paragraphs (a-k) above are incorporated herein by reference to the extent applicable The SUPERVISOR shall be responsible for mailing advance notices to overseas electors and providing absentee ballots at its cost for all elections that are not standalone elections for the City of Winter Springs. Section 4. Force Majeure. In the event any party hereunder fails to satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or force majeure, then said party shall not be in default hereunder. Section 5. Binding Effect. This Memorandum of Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors in interest, transferees, and assigns. Section 6. Assignment. This Memorandum of Agreement shall not be assigned 47 8 | P a g e by either party without the prior written approval of the other. Section 7. Public Records. The CITY and the SUPERVISOR shall allow public access to all documents, papers, letters or other materials that have been made or received by the SUPERVISOR in conjunction with this Memorandum of Agreement. The SUPERVISOR will be the record custodian of documents related to the execution of elections, in accordance with Florida Statutes. The CITY shall be the record custodian for any records related to qualifying of candidates and any records related to the CITY elected officials (i.e., office account reports). Section 8. Notices. (a). Whenever either party desires to give notice unto the other, notice may be sent to: For the CITY: City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 For the SUPERVISOR: Amy Pennock, CFE Supervisor of Elections for Seminole County 1500 East Airport Boulevard Sanford, Florida 32773 (b). Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices, reports or invoices. All notices shall be effective upon receipt. Section 9. Indemnification. The CITY and the SUPERVISOR further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such party under the laws of the State of Florida, nor as a waiver of sovereign immunity of CITY and SUPERVISOR beyond the waiver provided for in Section 768.28, Florida Statutes. 48 9 | P a g e Section 10. Conflict Of Interest. The CITY and the SUPERVISOR further agree that they will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Memorandum of Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Section 11. Compliance With Laws And Regulations. In performing under this Memorandum of Agreement, the CITY and the SUPERVISOR shall abide by all laws, statutes, ordinances, rules, and regulations pertaining to or regulating the performance set forth herein, including those now in effect and hereafter adopted. Any violation of said laws, statutes, ordinances, rules, or regulations shall constitute a material breach of this Memorandum of Agreement, and shall entitle the non-violating party to terminate this Memorandum of Agreement immediately upon delivery of written notice of termination to the violating party. Section 12. Headings. All sections and description headings in this Memorandum of Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 13. Entire Agreement. This Memorandum of Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a written instrument equal in dignity herewith and executed by the parties to be bound thereby. Any alterations, amendments, deletions, or waivers of the provisions of this Memorandum of Agreement shall be valid only when expressed in writing and duly signed by the CITY and the SUPERVISOR. Section 14. Counterparts. This Memorandum of Agreement may be executed in any number of counterparts each of which, when executed and delivered, 49 10 | P a g e shall be an original, but all counterparts shall together constitute one and the same instrument. In Witness Whereof, the parties hereto have caused this Memorandum of Agreement to be executed on the day and year first above written. Witness: SUPERVISOR By: Amy Pennock, CFE Supervisor of Elections Date: Attest: CITY By: Christian D. Gowan, MPA, CMC Mayor Kevin McCann City Clerk Date: For the use and reliance of City (CITY) only. Approved as to form and legal sufficiency. Anthony A. Garganese City Attorney 50