Resolution 09-1218RESOLUTION NO. 09-1218
A RESOLUTION OF THE CITY OF LONGWOOD,
FLORIDA, ADOPTING A NEW INTERLOCAL
AGREEMENT WITH THE SEMINOLE COUNTY
SUPERVISOR. OF ELECTIONS BY PROVIDING EARLY
VOTING 'SERVICES AND MATERIALS FOR THE 2009
MUNICIPAL ELECTION BY THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR DISTRIBUTION, AND._
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Longwood desires to maintain the highest standards of
adherence to pertinent state election laws and to maintain the utmost integrity regarding
the administration of local; municipal elections; and
WHEREAS, an Interlocal Agreement between the City of Longwood and the
Supervisor of Elections has been in effect fbr many years, whereby the Supervisor of
Elections has provided various election services, such as, ballot set-up training of
election workers, providin6 elections booths and materials, ballot counting; issuing
absentee ballots, etc.; and
WHEREAS, a new Interlocal Agreement between the City of Longwood and the
Supervisor of Elections provides additional assistance in that the Supervisor of Elections
will now provide early voting services and materials for the 2009 municipal election.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF
THE CITY OF LONGWO;OD, FLORIDA, AS FOLLOWS:
Section 1: That the City Commission does hereby adopt this new Interlocal
Agreement between the City of Longwood and the Supervisor of Elections contained in
Attachment 1 with Exhibits A and B, attached hereto as though fully contained herein.
Resolution No. 0.9-1218
Page! I of 2,
Section 2: This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED THIS DAY OF 2009.
daWlod G. Bundy, Jr., May r
ATTEST:
Sarah-iV1. Mirus, OUMC, MBA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood,
Florida, only.
Teresa S. Roper, City Attorney
Resolution No. 09-1218
Page 2 of 2
Attachment 1
SEMINOLE COUNTY SUPERVISOR OF
ELECTIONSicrrY OF LONGWOOD
INTERGOVERNMENTAL
AGREEMENT RELATING TO ELECTIONS
THIS AGREEMENT is made and entered into, on this Z6 day of
2009, 1 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 LONGWOOD, a Florida
municipal corporation, whose mailing address is 175 West Warren Avenue, Longwood,
FL 32750, hereinafter referred to as "CITY").
WHEREAS, the SOPERVISOR 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 containedi herein and other good and valuable consideration, the receipt
and sufficiency of which is! hereby acknowledgE;d, 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 supersecles all prior agreements relating to the
conducting of CITY elections.
� 1
(b) CITY elections, shall be accomplished by the SUPERVISOR OF
ELECTIONS and the CITY at times when a countywide election is occurring in
accordance with State law.
(c) No less than one hundred twenty (120) days prior to a CITY
election, whenever a countywide election will not be held, the parties shall enter a
memorandum of agreement, the form of which is attached hereto, 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 specific
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
2
M"
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 or 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 by registered
or certified mail addressed to 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. Notic;e. 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
175 West Warren Avenue
Longwood, FL 32750
Copy to:
Teresa S. Roper, City Attorney
Roper & Roper, P.A.
116 North Park Avenue
Apopka, FL 32703
3
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 supercedes 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 any one 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.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
CITY OF LONGWOOD
Fla a o d G. Bundy, Jr., Ma
Date: 7 :
ATTEST:
Sarah M. Mirus, MMC, MBA, City Clerk
SEMINOLE COUNTY SUPERVISOR OF ELECTIONS OFFICE
By:
The Honorable Michael Ertel
Cate:
71,-,• 7
5
EXHIBIT TO INTERGOVERNMENTAL
AGREEMENT
MEMORANDUM 01: AGREEMENT
FOR SERVICES AND MATEF:IALS FOR MUNICIPAL ELECTION
Election Name: Longwood City Election
i
Election Date: November 3, 2009
Book Closing Date: October 5, 2009
Qualifying Period: Per city charter
Logic & Accuracy Test (Poll/AB Equipment): Date: Oct. 23 Time: 10 a.m.
Location: SOE Office, 1500 E. Airport Blvd. Sanford, FL 32773
Poll Worker Training: Dates:TBD Times:TBD
Location: SOE Office, 1500 E. Airport Blvd. Sanford, FL 32773
Parties to Agreement: Seminole County SOE and the City of Longwood
1. The City shall notify political committees of date and time for Logic & Accuracy
tests.
2. -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 — as soon as possible. City shall approve
ballot proof(s). The Supervisor of Elections shall program the voting equipment
to count said ballots, test ballots received from printer, and program DRE
equipment, in accordance with state law,
Date ballot information to be provided to Supervisor of Elections Office: Sept. 18
Date anticipated for proof to be submitted for approval: Sept. 21
3. The City shall provide number of ballots �Fo be ordered to the Supervisor of
Elections at the time the City approves ballot proof(s).
4. The City shall pay the printer directly for all ballot printing and delivery.
5.. The Supervisor of Elections shall mail advance notices to overseas electors at no
charge to City.
6. The Supervisor of Elections shall process all candidate petition signature
verification at a cost to the City of 10 cents per signature.
7. The Supervisor of Elections shall process all requests for absentee ballots at a
no cost to the City, except 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, if applicable, shall take place as outlined in Exhibit B of this
contract.
9. The Supervisor of Elections shall provide voting equipment.
10. 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 will contract and pay the owner of facilities for their use.
11. The City shall mail any and all required notices to affected voters if polling
location changes.
12. The County shall hire and schedule poll workers for training classes and shall
make Election Day assignments. The City shall compensate poll workers.
13. The Supervisor of Elections shall train City poll workers.
14. The Supervisor of Elections shall transport equipment to and from polling places,
at no cost 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.
15. All advertising or other requirements required by the City's charter and state law,
or otherwise, shall be the sole responsibility of the City.
16. The Supervisor of Elections shall update voter records after the City election.
2
17. The Supervisor of Elections shall invoicE! the City for all costs due and payable
and, within thirty (36) days of invoicing, the City shall issue a check or warrant
made payable to Seminole County.
18. The County shall convene its Election Canvassing Board to determine which
voted absentee and provisional ballots will be counted.
19. The Supervisor of Elections shall providE: secure storage for any ballots while
ballots are in his custody.
Signed:
Z' / Date 7'lG-
(for Supervisor of Electi ns)
Date
Sarah M. Mirus, MMC, MBA, City Clerk ,
� --, EXHIBIT B TO INTERGOVERNMENTAL
AGREEMENT
MEMORANDUM OF AGREEMENT
FOR EARLY VOTING SERVICES AND MATERIALS FOR MUNICIPAL
ELECTION
Election Name: Longwood Election
Election Date: November 3, 2009
Parties to Agreement: Seminole County Supervisor of Elections, City of Longwood
1. The SOE will hold early votingy in the! SOE Office from:
Friday, October 30t from 10:00 a.m, until 6:00 p.m.
Saturday, October 31st from 12:00 p.m. until 4:00 p.m.
Sunday, November ,15t from 12:00 p.m. until 4:00 p.m.
2. The City shall determine other early voting locations and schedule use of same.
3. The County shall hire and schedule earl voting poll workers
Y g p for training classes
and shall make iassignments. The City shall compensate early voting poll
workers.
4. The SOE 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.
Signed:
Date _7 2- - 5
Z(fore6sorof lection's)
Date
Sarah M. Mirus, MMC, MBA, City Clerk
1