HomeMy Public PortalAboutElection Services_Lux_Crestview Agreement.docxELECTION SERVICES AGREEMENT
This Election Services Agreement (the "Agreement") entered into this 14th day of
February 2022, by and between the City of Crestview, Florida, a Florida Municipal Corporation,
(the "City") and Paul Lux, as Supervisor of Elections of Okaloosa County, Florida, (the
"Supervisor").
WHEREAS, the City is seeking to conduct its regularly scheduled municipal election
(the "Municipal Election") at the General Election to be held on November 1st, 2022 (the
"General Election");
WHEREAS, the Supervisor is willing to conduct the Municipal Election at the General
Election; and
WHEREAS, this Agreement is intended to address the respective responsibilities of the
parties related to the conducting of its Municipal Election at the General Election.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the City and the Supervisor do agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein
as essential terms of the Agreement.
SECTION 2: SCOPE OF SERVICES.
A. Base Services. The Supervisor shall agree to conduct the Municipal Election of the
City at the General Election to be held on November 1st, 2022 and in conjunction with the
conducting of the Municipal Election, will provide the following base services (the "Base
Services"):
1. The Supervisor shall conduct the Municipal Election at the General Election and
to conduct the elections in compliance with the Election Laws of the State of Florida.
This Agreement shall only apply to the conduct of regularly scheduled municipal
elections at the General Election and shall not apply to any specially set or scheduled
municipal election.
2. The Supervisor will maintain Voter Registration Roll for the City's Municipal
Election.
The Supervisor will conduct the Municipal Election at the same Polling Places which are being
utilized for the conduct of the General Election.
3. The Supervisor will provide adequate voting equipment for conduct of the
General Election, including the Municipal Election, and provide the costs associated
with maintaining such equipment.
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4. The Supervisor will hire, appoint, and train sufficient clerks and inspectors for the
conduct of the General Election, including the Municipal Election for each Polling
Place.
5. The Supervisor will furnish registration records for each City Polling Place.
6. The Supervisor will provide for the production of all necessary ballots for the
conduct of the General Election, including the Municipal Election, including absentee
ballots.
7. The Supervisor will provide for the tabulation and counting of all votes within
each precinct and provide the costs associated with tabulation and counting of the
votes.
8. Following the certification of the election results for the Municipal Election, the
Supervisor shall provide those results to the Clerk for the City.
B. Costs for Base Services. Okaloosa County has agreed to fund the cost of the Base
Services in conducting the Municipal Election at the General Election without any additional
contribution by the City.
C. Optional Services.
1. In addition to the Base Services described above, the City may request the
Supervisor to perform the following Optional Services. To the extent that the City
requests that the Supervisor provide the following Optional Service, it shall denote
such service by placing the initials of the Mayor, or his designee, at the appropriate
response as to which of the below Optional Service the City requests that the
Supervisor to perform for the reimbursement of costs set forth below.
OPTIONAL SERVICES
Accept Reject Optional Services
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The City requests that the Supervisor provide all legal
advertisements required under the law for the Municipal
Election and in consideration for his provisions of these
Optional Services agrees to pay the actual cost of all such
advertising.
The City requests that the Supervisor handle all
AMA, candidate qualification filings and manage all of the
campaign finance filings for the Municipal Elections. In
consideration for the Supervisor's provision of these
Optional Services, the City agrees to pay the amount of
$100 for each qualified candidate in each municipal race
or $500, whichever is greater.
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2. Failure to initial the acceptance of any Optional Service shall be deemed a
rejection and that Optional Service shall be the sole responsibility of the City to
perform and the Supervisor shall have no obligation or responsibility to perform such
service.
D. Indemnification. It is acknowledged that the services to be provided by this
Agreement are for the Base Services and for such Optional Services affirmatively selected by the
City to be provided by the Supervisor. Any other service to be provided or any Optional Service
rejected by the City shall be solely the responsibility of the City and the Supervisor shall have no
obligation or responsibility to perform such services. The City shall indemnify the Supervisor,
his employees, clerks, inspectors and volunteers from any damages, costs, or liability, including
attorney's fees, resulting from the failure of the City to perform any service not being provided
by the Supervisor under the terms of this Agreement.
E. Canvassing Board. For the conduct of the Municipal Election held at the General
Election pursuant to this Agreement, the County Canvassing Board established under section
102.141, Florida Statutes shall be the entity responsible for the certification of the results of the
General Election, including the Municipal Election.
F. Invoicing. Upon conclusion of the Municipal Election, the Supervisor shall invoice the
City for the cost of conducting the Municipal Election for all Optional Services provided under
this Agreement. The City shall pay such amount within thirty (30) days of invoicing by the
Supervisor.
SECTION 3. TERM
A. Term. This agreement shall become effective upon execution by all parties and
shall terminate on December 31, 2022.
B. Automatic Extension. Unless one party notifies the other in writing prior to a
term's expiration that it wishes to terminate this Agreement after the term ends, then this
Agreement shall be automatically extended for an additional two-year term. This automatic
extension shall continuously occur on December 31 of each odd -numbered year unless the
termination provisions of this section are followed by the party wishing to terminate.
SECTION 4. REPRESENTATIONS AND WARRANTIES. Each party hereby represents
and warrants to the other that it has all requisite power, authority, and authorization to enter into
this Agreement, has taken all necessary actions required to enter into this Agreement, and to
fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by
this Agreement, whether exercised individually or collectively.
SECTION 5. AMENDMENTS. Neither this Agreement nor any portion of it may be modified
or waived orally. The provisions hereof may be amended or waived only pursuant to an
instrument in writing, approved by the City and the Supervisor. This agreement shall not be
assigned without the permission of all parties to the agreement.
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SECTION 6. JURY TRIAL WAIVER. In the event that litigation is filed by any party to
enforce any terms of this agreement, then all parties agree that they hereby waive any right to a
jury trial on any issues arising out of this agreement.
SECTION 7. LITIGATION. If litigation is instituted seeking to enforce the terms of this
Agreement, or in any way related to this Agreement, then the prevailing party shall be entitled to
recover its reasonable attorney's fees and costs incurred in the litigation, including fees and cost
incurred in any resulting appeal, and any fees and costs incurred litigating entitlement to and the
reasonableness of any attorney's fees and costs.
SECTION 8. SEVERABILITY. If any one or more of the provisions of this Agreement shall
be held contrary to any express provision of law or contrary to any policy of express law, then
the remainder of this Agreement shall remain in full force and effect.
SECTION 9. GOVERNING LAW AND VENUE. The validity, construction and performance
of this Agreement shall be governed by the laws of the State of Florida. Venue for any action
arising out of this Agreement shall be in Okaloosa County, Florida.
SECTION 10. NOTICE. If written notice to a party is required under this Agreement, such
notice shall be given by hand delivery, recognized overnight delivery service, or by first class mail,
registered and return receipt requested.
As to the Supervisor as follows:
Paul Lux
Supervisor of Elections
302 N. Wilson St.
Suite 102
Crestview, FL 32536-3474
As to the City as follows:
City Clerk
City of Crestview
198 North Wilson Street
Crestview, FL 32536
SECTION 11. SOVEREIGN IMMUNITY. The parties further agree that nothing contained
herein is intended to nor shall be construed a waiver of the Supervisor's or City's rights and
immunities under the common law or section 768.28, Florida Statutes, as amended from time to
time.
SECTION 12. THIRD PARTY BENEFICIARY. Neither the City nor the Supervisor do not
intend by any provision hereof, to create any right or benefits in favor of any person, firm, or
corporation not a party to this agreement.
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SUPERVISOR OF ELECTIONS
OKALOOSA COUNTY
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CITY OF CRESTVIEW, FLORIDA
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. B. Whitten
Mayor
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ATTEST:
Maryai ie i8ohra'er, City Clerk
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