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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. 1 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 rrn ..51 . 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. 2 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. 3 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. 4 SUPERVISOR OF ELECTIONS OKALOOSA COUNTY lit istooe O ( ervi eif . lections 4-4 dwIN r0 • CITY OF CRESTVIEW, FLORIDA -11_4 . B. Whitten Mayor Date: ATTEST: Maryai ie i8ohra'er, City Clerk 5 of igoRArF i. S