Loading...
HomeMy WebLinkAbout2662 MOU w/COS & Sem Co Supervisor of ElectionsMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANFORD AND THE SUPERVISOR OF ELECTIONS FOR SEMINOLE COUNTY This Memorandum of Understanding, is made and entered into this ;Jji ) day of April, 2026, by and between the City of Sanford, a political subdivision of the State of Florida, whose address is 300 North Park Avenue, Sanford, FL 32771 (hereinafter referred to as the "CITY"), the Supervisor of Elections for Seminole County, operating under the legal authority of Chapter 98, Florida Statutes, and implementing the Florida Election Code' and associated laws, whose address is 1500 East Airport Boulevard, Sanford, Florida 32773 (hereinafter referred to as the "SUPERVISOR"). WITNESSETH Whereas, Section 6.02 (c) of the City Charter of the City of Sanford provides for qualifying for office of candidates for City office. ; and Whereas, the City Clerk serves as the administrator of City elections within the City of Sanford; and Whereas, there are circumstances, where the Supervisor is called upon to verify signatures of registered voters; 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 the activities needed to verify the signatures of registered voters; and 1 Section 97.011, Florida Statutes, provides that "Chapters 97-106 inclusive shall be known and may be cited as 'The Florida Election Code."' Whereas, Section 34-1 of the City Code of the City of Sanford 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 Understanding serves a public purpose and is authorized pursuant to the provisions of the Florida Election Code, Chapter 166, Florida Statutes, the City Charter of the City of Sanford and the City Code of the City of Sanford 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 Understanding upon which the CITY and the SUPERVISOR have relied. Section 2. Term. This Memorandum of Understanding 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; Elections; Qualifying Petitions; Memorandums Of Agreement. (a). The City Clerk of the CITY shall require potential candidates for City elected office to submit the qualifying petitions to the SUPERVISOR for review and evaluation. 21 The candidate is responsible and required to provide the fee to the SUPERVISOR for the evaluation of the petitions at the time of delivery. Fees are displayed on the SUPERVISORS website. (b). Upon review and evaluation of the qualifying petitions by the SUPERVISOR, the SUPERVISOR shall provide the potential candidate with communications advising the potential candidate of the number of verified qualifying petitions and shall advise the City Clerk of the CITY as to determination. (c). 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. (d) 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 SUPERVISOR will maintain the system in accordance with Florida election laws and will provide technical assistance to the candidates as needed to support accurate and timely campaign finance reporting. (e) 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 as required by the CITY's charter. 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. (f) 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. (g) 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. (h) 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, 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, securing all polling locations for general elections 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. (i) 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. Q) The CITY agrees to provide facilities for early voting and election day. 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. The CITY agrees to provide a location where election equipment can be securely stored 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. (k) The CITY agrees to reimburse the SUPERVISOR for all costs incurred in conducting elections held in odd -numbered years (i.e. whenever there are standalone City elections), including but not limited to any special 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 updated fee schedule for costs when updates. In addition, the SUPERVISOR will 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 reimburse the SUPERVISOR for costs associated with city -specific litigation as it relates to recounts, contests or challenges. (1) The CITY agrees to provide guidance to the SUPERVISOR of the CITY's charter language, policies and regulations, related to sign placement during elections (i.e. outside of the 150 feet zone). The SUPERVISOR agrees to provide this language to candidates (during general elections) to facilitate informed candidates. (m) 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. (n) During General Elections, the SUPERVISOR assumes financial responsibility of the elections, paragraphs (a-m) above are incorporated herein by reference. 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 Sanford. 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. 6� Section 5. Binding Effect. This Memorandum of Understanding shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. Section 6. Assignment. This Memorandum of Understanding shall not be assigned 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 Understanding. 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: Traci Houchin, MMC, FCRM City Clerk City of Sanford 300 North Park Avenue Sanford, Florida 32771 For the SUPERVISOR: Amy Pennock 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 partied 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. 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 Understanding 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 Understanding, 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 Understanding and shall entitle the non -violating party to terminate this Memorandum of Understanding immediately upon delivery of written notice of termination to the violating party. Section 12. Headings. All sections and description headings in this Memorandum of Understanding are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 13. Entire Agreement. This Intergovernmental 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 81 executed by the parties to be bound thereby. Any alterations, amendments, deletions, or waivers of the provisions of this Memorandum of Understanding shall be valid only when expressed in writing and duly signed by the CITY and the SUPERVISOR. Section 14. Counterparts. This Memorandum of Understanding may be executed in any number of counterparts each of which, when executed and delivered, 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 Understanding to be executed on the day and year first above written. ess: C Attest: SUPERVI�.0�2 i By: (_, Amy Pennock Supervisor of EI�`or�s Date: CITY By: , a Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor For the use and reliance of City of Sanford only. Approved as to form and legal sufficiency. Lindsay Greene City Attorney 91 executed by the parties to be bound thereby. Any alterations, amendments, deletions, or waivers of the provisions of this Memorandum of Understanding shall be valid only when expressed in writing and duly signed by the CITY and the SUPERVISOR. Section 14. Counterparts. This Memorandum of Understanding may be executed in any number of counterparts each of which, when executed and delivered, 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 Understanding to be executed on the day and year first above written. Witness: Attest.' Traci Houchin, MMC, FCRM City Clerk SUPERVISOR Bv: Amy Pennock Supervisor of Elections Date CIT By: Arty Mayul M-4 , For the use and reliance o4(C of City of Sanford only. Approved as to form and legal sufficiency.�,�;; indsa , Greene City Attorney 9 1 P a g e r.FLORIDA Wlf if QG W S _ RM X Item No. 91 A CITY COMMISSION MEMORANDUM 26-089 APRIL 27, 2026 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Traci Houchin, City Clerk SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Memorandum of Understanding with Supervisor of Elections SYNOPSIS: Requesting to approve the Memorandum of Understanding with the Seminole County Supervisor of Elections. FISCAL/STAFFING STATEMENT: The proposed Memorandum of Understanding will not impact the City's budget. BACKGROUND: The proposed Memorandum of Understanding provides that the City Clerk will require potential candidates for City elected office to submit the qualifying petitions to the Supervisor of Elections for review and evaluation. Upon review and evaluation of the qualifying petitions by the Supervisor of Elections, the Supervisor of Elections shall provide the potential candidate and the City Clerk with the number of verified qualifying petitions and determinations. In addition to processing qualifying petitions, the proposed Memorandum of Understanding provides that the City Clerk and the Supervisor of Elections may enter memorandums of agreement to address other similar processes that may be required under the provisions of controlling law relating to elections. LEGAL REv1EW: The City Attorney has reviewed this agreement and has no legal objections. RECOMMENDATION: City Staff recommends that the City Commission approve the proposed Memorandum of Understanding with the Seminole County Supervisor of Elections. SUGGESTED MOTIONS: "I move to approve the proposed Memorandum of Understanding with the Seminole County Supervisor of Elections." Attachments: Proposed Memorandum of Understanding with the Seminole County Supervisor of Elections