2224 City of Sanford - Supervisor of Elections agreementINTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SANFORD AND
THE SUPERVISOR OF ELECTIONS FOR SEMINOLE COUNTY
This Intergovernmental Agreement, is made and entered into this ,5- day
of .. �.,� _. 1202 0, by and between the City of Sanford, a political subdivision
of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771
(hereinafter referred to as the "CITY") and Chris Anderson, 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 as
follows relating to the qualifying for office of candidates for City office:
Any person who is a qualified elector in the City of Sanford, and otherwise
qualified, may alternatively become a candidate for the office of Mayor or
City Commissioner upon filing with the City Clerk a written notice of his or
her intention to become a candidate in accordance with Article II and this
Section, requesting that his or her name be printed upon the ballot and
presenting a written petition with the names of two hundred and fifty (250)
signers who are eligible electors residing in the Commission district seat the
candidate seeks. Candidates for Mayor qualifying by petition shall present
a written petition with the names of five hundred (500) signers who are
eligible voters residing within the City. The form of the petition shall comply
with Florida law. Petitions for placing a candidate's name on the ballot may
be submitted to the City Clerk for verification in whole or in part. Candidates
qualifying by petition may begin collecting and turning in names on petitions
one hundred and twenty (120) days in advance of the opening of the
qualifying period. All petitions for placing a candidate's name on the ballot
must be received by the City Clerk's office prior to the end of the qualifying
period. The City Clerk shall present the names on written qualification
petitions to the supervisor of elections office for certification as a valid
1 Section 97.011, Florida Statutes, provides that "Chapters 97-106 inclusive shall be known and may be cited as
'The Florida Election Code."'
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; and
elector and shall provide timely notification of the number of certified
electors to the candidate until the requisite number of electors has been met
or the qualification period has ended with the candidate being unable to
meet the required numbers of certified electors during their qualification
petition attempt.
Whereas, the City Clerk serves as the administrator of City elections within the
City of Sanford; and
Whereas, there are other circumstances, aside from that set forth above in Section
6.02 (c) of the City Charter of the City of Sanford, when the City Clerk 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
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 Intergovernmental Agreement 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
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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 Intergovernmental Agreement upon which the CITY and the
SUPERVISOR have relied.
Section 2. Term. This Intergovernmental 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; 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. The parties
acknowledge and agree that potential candidates shall be required to pay to SUPERVISOR the
statutory charges for verifVing the signatures on Such petitions as specified in Section 99.097,
Florida Statutes.
(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 Clerk of 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.
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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 Intergovernmental Agreement 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 Intergovernmental Agreement 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 Intergovernmental Agreement.
Section 8. Notices.
(a). Whenever either party desires to give notice unto the other, notice may be
sent to:
For the CITY: Traci Houchin, CMC, FCRM
City Clerk
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
For the SUPERVISOR: Chris Anderson
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
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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 Intergovernmental 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 Intergovernmental 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 Intergovernmental Agreement, and shall entitle the non -violating party to
terminate this Intergovernmental Agreement immediately upon delivery of written notice
of termination to the violating party.
Section 12. Headings. All sections and description headings in this
Intergovernmental Agreement 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
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executed by the parties to be bound thereby. Any alterations, amendments, deletions, or
waivers of the provisions of this Intergovernmental Agreement shall be valid only when
expressed in writing and duly signed by the CITY and the SUPERVISOR.
Section 14. Counterparts. This Intergovernmental Agreement 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 Intergovernmental
Agreement to be executed on the day and year first above written.
Witness: SUPERVISOR
B
Chn-s—A-06`rson
Supervisor of El tions
Date: ';� 7, �--
Attest:
XM
&aa q4w e FeW By:
Traci Houchin, QMC, CRM Jeff T
City Clerk Mayor
For the use and reliance
of City of Sanford only.
Approved as to form and
legal sufficiency.
William L. Colbert, Esquire
City Attorney
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