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HomeMy WebLinkAboutDocumentation_Regular_Tab 26_12/14/2023 Agenda Item #26. Regular Council STAFF MEMO Y Meeting: Regular Council - Dec 14 2023 Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk RESOLUTION 26-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 19, 2024 IN CONJUNCTION WITH THE PRESIDENTIAL PREFERENCE PRIMARY, AND IF NECESSARY, THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, APRIL 2, 2024 FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FOR TWO YEAR TERMS; APPOINTING TWO ALTERNATES TO SERVE ON THE PALM BEACH COUNTY CANVASSING BOARD; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Sec. 2-233 of the Village's Code of Ordinances designates that the village shall hold its municipal election concurrently with presidential preference primary (PPP) elections in years when such PPP elections occur. The Village's municipal election will be held on Tuesday, March 19, 2024 in conjunction with the PPP. Section 2.01 of the Village Charter provides that Council Members shall be elected at large to Seats 17 3, and 5 in even years. Lastly, in order to avoid the appearance of a conflict of interest, the Supervisor of Elections shall recuse herself from all Canvassing Board decision necessary to canvass the Village of Tequesta's election. Therefore, the Council shall appoint the Village Clerk and the Clerk's Office Administrative Assistant to serve as Alternate Canvassing Board Members to act in place of Supervisor Sartory Link for the Village' of Tequesta's election. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT $40,049 AMOUNT AVAILABLE EXPENDITURE AMOUNT: $40,049 $40)049 FUNDING SOURCES: 534.301 IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A Page 573 of 593 Agenda Item #26. COMMENTS/EXPLANATION ON SELECTIONN/A RES 26-23 Call for Election amended by Legal for Canvassing Board Change 2024 Municipal Election Agreement (Final)(Teguesta)(v2) Page 574 of 593 Agenda Item #26. RESOLUTION 26-23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 19, 2024 IN CONJUNCTION WITH THE 2024 PRESIDENTIAL PREFERENCE PRIMARY, AND IF NECESSARY, THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, APRIL 2, 2024 FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FOR TWO YEAR TERMS; APPOINTING TWO ALTERNATES TO SERVE ON THE PALM BEACH COUNTY CANVASSING BOARD; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta has adopted uniform filing and election dates generally designating the second Tuesday in March as the uniform election date for municipal office elections in the Village of Tequesta, as contemplated by Laws of Florida 83-498; except in years when a presidential preference primary election is held, in which case the municipal office election in the Village of Tequesta is held concurrently with said presidential preference primary election; and WHEREAS, the Village has designated a qualifying period to run for municipal office beginning at noon on the first Tuesday in November, and ending at noon on the third Tuesday in November in the year immediately preceding the municipal office election; and WHEREAS, Section 2.01 of the Village Charter provides that Village Council Members shall be elected at large to Seats 1, 3 and 5 in the even years; and WHEREAS, the Village Council of the Village of Tequesta desires to request that the Palm Beach County Supervisor of Elections Office conduct the 2024 municipal office elections in the Village of Tequesta for Village Council Seats 1, 3 and 5; and WHEREAS, Chapter 2, Article 5, Sec. 2-232 of the Village Code of Ordinances generally delegates all canvassing duties, as defined by Florida Statute and the Florida Administrative Code, to the Palm Beach County Canvassing Board which is comprised of the Palm Beach County Supervisor of Elections; a county court judge who shall act as chair; and the Chair of the Board of County Commissioners, or their respective alternates or substitutes; and WHEREAS, Wendy Sartory Link, in her capacity as the elected Supervisor of Elections for Palm Beach County, who is a member of the Palm Beach County Canvassing Board as noted above, has a family member running for office in the March 19, 2024 Village of Tequesta municipal office election. Although authorized to act as a voting member of the Canvassing Board to canvass the results of that election so long as she is not an active participant in the campaign or candidacy of her family member's campaign', in order to avoid any appearance of a conflict of interest or other impropriety, and still provide for the canvassing of the Village of Tequesta's March 19, 2024 election results, including tabulation of vote-by-mail ballots, Wendy Sartory Link shall recuse herself from all Canvassing Board decisions necessary to canvass the Village of Tequesta's March 19, 2024 election; and See: Sec. 102.141, Florida Statutes(2023). Page 575 of 593 Agenda Item #26. WHEREAS, as a result of the aforesaid recusal, the Village of Tequesta must provide the Beach County Supervisor of Elections Office with the names of two persons to serve as Alternate Canvassing Board Members to act in place of Supervisor Sartory Link to canvass the Village of Tequesta's March 19, 2024 election. The Palm Beach County Supervisor of Elections Office will in turn recommend to the chair of the Palm Beach County Canvassing Board that said Alternate Canvassing Board Members be appointed as Canvassing Board Alternates for the purpose of canvassing the Village of Tequesta's election. Upon appointment, the Village shall ensure that its appointed alternates are present to serve in place of Wendy Sartory Link for all Canvassing Board decisions necessary to canvass the Village of Tequesta's March 19, 2024 election, including tabulation of vote-by-mail ballots and absentee ballots; and WHEREAS, the Village Council desires to name the Village Clerk and the Village Clerk's Administrative Specialist to serve as Alternate Canvassing Board Members to act in place of Supervisor Sartory Link for the Village of Tequesta's March 19, 2024 election; and WHEREAS, Chapter 2, Article V of the Village Code of Ordinances further provides that the Village Clerk may appoint or hire as many inspectors of the election, and other election workers as deemed necessary to conduct elections in the Village; and WHEREAS, the Village Council of the Village of Tequesta desires to designate polling locations, and establish election procedures for the General Municipal Election on March 19,2024 in conjunction with the 2024 Presidential Preference Primary; and if necessary a Municipal Run-off Election on April 2, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Resolution. Section 2. Notice is hereby given that a General Municipal Election is scheduled to be held on Tuesday, March 19, 2024 in conjunction with the 2024 Presidential Preference Primary; and if necessary a Municipal Run-off Election is scheduled to be held on Tuesday, April 2, 2024. The polling locations will be: Precincts 6801 and 6892 Tequesta Baptist Church 423 Tequesta Drive Precincts 6803 and 6804 Tequesta Recreation Center 399 Seabrook Road Precincts 6806 and 6807 Village Hall 345 Tequesta Drive The polls will be open from 7:00 a.m. to 7:00 p.m. Section 3. In accordance with the provisions of Section 3.04 of the Village Charter, the Village Clerk shall be the Clerk of Elections and shall supervise the conduct of the General Municipal 2 Page 576 of 593 Agenda Item #26. Election and if necessary, a Municipal Run-off Election in accordance with the State of Florida Election Laws and the Village of Tequesta Code of Ordinances. Section 4. The Palm Beach County Supervisor of Elections Office is hereby requested to conduct the election as set forth in the 2024 Vote Processing Equipment Use and Election Services Agreement, effective January 1, 2024, attached hereto as Exhibit A. Section 5. The Village Clerk shall authorize payment of the Inspectors of Election as per the rates included in the 2024 Vote Processing Equipment Use and Election Services Agreement, effective January 1, 2024, attached hereto as Exhibit A. Section 6. Pursuant to Chapter 2, Article V of the Village Code of Ordinances, the Village Council generally delegates all canvassing duties, as defined by Florida Statute and the Florida Administrative Code, to the Palm Beach County Canvassing Board. However, the Village Council hereby names the Village Clerk and the Village Clerk's Administrative Specialist to serve as Alternate Canvassing Board Members to act in place of Supervisor Sartory Link who has recused herself for the reasons explained above, and requests that the Palm Beach County Supervisor of Elections Office recommend to the chair of the Palm Beach County Canvassing Board that said Alternate Canvassing Board Members be appointed as Canvassing Board Alternates for the purpose of canvassing the Village of Tequesta's election. Section 7. Upon appointment, the Village shall ensure that its appointed alternates are present to serve in place of Wendy Sartory Link for all Canvassing Board decisions necessary to canvass the Village of Tequesta's March 19, 2024 election, including tabulation of vote-by- mail ballots and absentee ballots. Section 9. The Palm Beach County Supervisor of Elections Office, with the application of the aforesaid Alternate Canvassing Board Members, as necessary, is hereby designated to tabulate the ballots cast at the General Municipal Election March 19, 2024, and, if necessary, the Run-off Election April 2, 2024. Section 10. The Village Clerk is hereby directed to post this Resolution in the Village Administrative Offices immediately after passage, and provide a certified copy to the Palm Beach County Supervisor of Elections Office. 3 Page 577 of 593 Agenda Item #26. Exhibit A 2024 VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES AGREEMENT 4 Page 578 of 593 Ex. A Agenda Item /9 hJ tis k� � V--�TE l a o- e�gCN COUN�'F 2024 MUNICIPAL ELECTION(S) VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to as the "Agreement") is hereby entered into by and between the Palm Beach County Supervisor of Elections Office (hereinafter referred to as "SOE") and , Florida (hereinafter referred to as "MUNICIPALITY"). WITNESSETH: WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an election that requires the use of vote processing equipment to count ballots; and, WHEREAS, all vote processing equipment requires specially trained and knowledgeable individuals to program, operate and maintain said equipment; and, WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said equipment; and, WHEREAS, MUNICIPALITY hereby acknowledges full responsibility for all applicable requirements under the Florida Election Code and any provision of MUNICIPALITY'S Charter or municipal ordinances which may not be addressed or included in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein, SOE and MUNICIPALITY agree as follows: ARTICLE I —RECITALS The above recitals are true and correct and incorporated herein. ARTICLE 2—AGREEMENT SOE shall provide MUNICIPALITY such necessary vote processing equipment and election services according to the terms and conditions stated in this Agreement, for the purposes of conducting a Uniform Municipal Election during calendar year 2024, and a Run-Off Election, if necessary, along with the necessary vote processing equipment and election services to facilitate any early voting sites, polling locations and polling places as may be necessary and agreed upon by the parties. Wendy Sartory Link Palm Beach County Supervisor of Elections 240 South Military Trail,West Palm Beach, 656-6200 1 Info@VotePaImBeach.govVote Pa I m:- age 579 of 593 A e n d ae�jydd.)NS AGREEMENT Page 2 of 13 g ARTICLE 3 —OPERATION AND PROGRAMMING SERVICES 3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election operations (Exhibit"A"). 3.2 Vote-By-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote-By- Mail ballot request processed plus actual postage costs, including Return Postage. MUNICIPALITY shall also pay SOE for each Vote-By-Mail ballot signature verified (Exhibit "A" ). 3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote processing equipment, including any processors or tablets, will be performed exclusively by SOE and such services are included in all stated charges. However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or unauthorized acts by any employee or representative of MUNICIPALITY. ARTICLE 4—OTHER ELECTION CHARGES 4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct preparation and poll worker training in accordance with Exhibit "A". 4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or services not specifically provided for in this Agreement but that may be described or listed in the Municipal Fee Schedule(s) attached hereto as Exhibits "A" and"B". Where MUNICIPALITY holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in Exhibit "A" controls. In all other situations, Run-Off Election and Stand-Alone Election Fee Schedules set forth in Exhibit "B" control. MUNICIPALITY agrees that the Municipal Fee Schedule and the prices contained in Exhibits "A" and"B" are subject to change. 4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY shall pay SOE for any other election services not contemplated herein which may be needed to conduct an orderly election. ARTICLE 5—TERM For each election, the terms of this Agreement begin with ballot layout and conclude when ballots have been processed, election results have been certified, all vote processing equipment has been returned to the SOE's warehouse and an audit, if applicable, has been completed. In the event of an election contest or challenge, SOE agrees to cooperate in providing any public records which the SOE maintains or otherwise controls. ARTICLE 6—APPLICABLE REQUIREMENTS OF FLORIDA'S ELECTION CODE MUNICIPALITY shall properly call the election in accordance with any Florida Statutes, applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal Clerk is responsible for the conduct of the city's elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the sole responsibility of MUNICIPALITY. Page 580 of 593 A e n d ae�jjdd.)NS AGREEMENT Page 3 of 13 g ARTICLE 7—NOTICE AND ADVERTISEMENT OF ELECTIONS 7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections. SOE shall prepare and arrange for publication of all legal advertising required by state and federal statutes in both English and Spanish and SOE shall be responsible for obtaining the accurate and complete translation of any such advertising. If additional advertisements are required by the MUNICIPALITY'S charter, ordinance(s) or resolution(s), MUNICIPALITY shall be responsible for preparing and arranging for publication of all such legal advertising which is not already satisfied under state and federal statutes. MUNICIPALITY shall be responsible for the accurate and complete translation of any such advertisements. 7.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, MUNICIPALITY shall prepare and arrange for publication of all legal advertising required by state and federal statutes, city charter and city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY shall be responsible for the accurate and complete translation of any such notices. SOE shall, if available, provide samples of required advertising upon request. ARTICLE 8—QUALIFYING OF CANDIDATES MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at the close of qualifying. If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10)per name, or such other amount as determined per Florida Statutes or the Florida Administrative Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such petitions are received. Except as set forth in the following paragraph, SOE shall complete signature verification of petitions within 30 days of receipt of the petitions from MUNICIPALITY. When MUNICIPALITY provides SOE with candidate petitions before the signature verification cutoff deadline (before noon of the 28th day preceding the first day of qualifying), SOE will verify the signed petitions no later than the 7th day before the first day of qualifying. (See Section 99.095(3), Florida Statutes.) If the candidate reaches the required number of signatures, SOE will continue to verify timely submitted signed petitions until the candidate indicates in writing to stop verification. In no event shall SOE issue any recommendations or make any legal determinations as to the qualifications of eligibility of any candidate for municipal office. ARTICLE 9—PRINTING OF BALLOTS AND BALLOT SERVICES 9.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall place an order for sufficient quantity of Election Day ballots with a third-party printer as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer if the MUNICIPALITY's races cause the ballot to add an additional page, in which case Page 581 of 593 A e n d ae�jydd.)NS AGREEMENT Page 4 of 13 g MUNICIPALITY shall be responsible for the costs of the additional page. MUNICIPALITY shall pay SOE a per-ballot fee for each Vote-By-Mail ballot printed that is not otherwise being printed by SOE for the Presidential Preference Primary, including any additional pages required for MUNICIPLITY'S races or questions. MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all ballot information in English. SOE agrees to provide, at MUNICIPALITY's cost and expense, translation of MUNICIPALITY's ballot language from English to Spanish, including the name of the candidates as they are to appear on the ballot, the name of the Municipality, the name of the election, the title of office or referendum title, explanation, and questions, in accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote machine. SOE agrees to provide the layout of the ballot(s)based on the information furnished by MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and MUNICIPALITY must sign off on ballot proof(s). Once test ballots are received from the printer, SOE will test all vote processing equipment in accordance with the standards established by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also control and limit all access to un-voted ballots while in possession of SOE. 9.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, MUNICIPALITY will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be responsible for the cost of providing any translations and must again approve ballot content and layout prior to printing. MUNICIPALITY will also be responsible for reimbursing SOE for any and all costs incurred in accordance with the fee schedule shown in Exhibit"B". ARTICLE 10—POLL WORKERS 10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE will train all poll workers in accordance with the Florida Election Code and other guidelines, procedures or regulations as followed or adopted for the conduct of elections in Palm Beach County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll worker training sessions. Poll workers shall undergo job specific training and complete required number of training hours as specified by SOE poll worker department management. All necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or transported in poll worker clerk bags. 10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall pay poll workers directly for their services. 10.3 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, MUNICIPALITY shall pay poll workers directly for their services in the same amounts/at the same hourly rates that SOE pays poll workers which, as of Page 582 of 593 A e n d ae�jjdd.)NS AGREEMENT Page 5 of 13 g the Effective Date hereof, is set forth in Exhibit"B". If SOE changes the rates of pay/hourly rates SOE is paying poll workers, MUNICIPALITY agrees to pay the current rates of pay/hourly rates being paid by SOE at that time. ARTICLE 11 — SELECTION OF POLLING PLACES SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location shall meet necessary Americans with Disabilities Act(ADA) requirements. In the event of a run- off election, MUNICIPALITY shall provide ADA compliant Polling Places. ARTICLE 12— SAMPLE BALLOTS 12.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall prepare, proof and deliver sample ballot layout to third-party vendor for distribution to registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy of the election date, office, candidate name(s)(including the order of appearance on the ballot), polling locations, polling places and all other information contained therein. SOE shall coordinate the mailing of the sample ballots to all registered voters in the municipality prior to the election, including accurate polling place information. 12.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, SOE shall not create or mail sample ballots. If MUNICIPALITY wishes to create a sample ballot, SOE will post it on SOE's website. ARTICLE 13—VOTE-BY-MAIL BALLOTS MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary, SOE agrees to accept all requests for Vote-By-Mail ballots by telephone, mail, email or in person. SOE also agrees to mail Vote-By-Mail and overseas ballots as requested by registered voters, receive and securely store any voted Vote-By-Mail ballots, verify the signatures on any returned voted Vote-By-Mail ballot certificates, facilitate voter signature cures, accommodate public inspection of Vote-By-Mail ballot mailing envelopes and voter certificates, and account for all Vote-By-Mail ballots. SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Florida Statute 101.68. In the event of a run-off election and for all stand-alone municipal elections, if MUNICIPALITY doesn't use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the date on which the MUNICIPALITIY's Canvassing Board is to assemble to canvass the Vote-By- Mail ballots. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each precinct(See Exhibit "B"). MUNICIPALITY must also ensure they have a Canvassing Board member present Page 583 of 593 A e n d a e rjjdd.)NS AGREEMENT Page 6 of 13 g for opening, duplication, tabulation and all other activities requiring Canvassing Board presence by law. ARTICLE 14— TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES 14.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE will be responsible for delivery and pick up of any vote processing equipment. Election equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to hire and employ any outside third parties to assist with or perform delivery and pick up of voting equipment (Exhibit"A"). 14.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, the SOE will maintain responsibility for transportation of equipment and supplies as stated in 14.1. MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and pickup in accordance with the fee schedule set forth in Exhibit"B". 14.3 MUNICIPALITY is not permitted to deliver any election equipment. ARTICLE 15—LOCATION AND STORAGE OF VOTING EQUIPMENT All voting equipment shall be stored, maintained and located in a well-protected, secure, temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a voting site, no equipment shall be relocated without the prior written approval of SOE. ARTICLE 16— CANVASSING OF ELECTION RESULTS 16.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each precinct. Wendy Sartory Link, in her capacity as the elected Supervisor of Elections for Palm Beach County, who is a member of the Palm Beach County Canvassing Board which is generally utilized by the MUNICIPALITY to canvass and certify its municipal election results, has a family member appearing on the ballot seeking a seat on the Village of Tequesta's Council during the March 19, 2024 election. Although authorized to act as a voting member of the Canvassing Board to canvass the results of MUNICIPALITY's March 19, 2024 election so long as Supervisor Sartory Link is not an active participant in the campaign or candidacy of her family member's campaign (see section 102.141, Florida Statutes), in order to avoid the appearance of a conflict of interest, and still provide for the canvassing of the MUNICIPALITY's March 19, 2024 election results, including tabulation of vote-by-mail ballots, Wendy Sartory Link shall recuse herself from all Canvassing Board decisions necessary to canvass the Village of Tequesta's March 19, 2024 election. MUNICIPALITY shall provide SOE with the name of an individual whom MUNICIPALITY desires as an Alternate Canvassing Page 584 of 593 A e n d ae�jjdd.)NS AGREEMENT Page 7 of 13 g Board Member to act in place of Supervisor Sartory Link for the canvass of the Village of Tequesta's March 19, 2024 election. SOE will seek appointment of MUNICIPALITY's desired alternate member as a Canvassing Board Alternate for the purpose of canvassing the Village of Tequesta's election. Upon appointment, MUNICIPALITY shall ensure that its appointed alternate is present and serves in place of Wendy Sartory Link for all Canvassing Board decisions necessary to canvass the Village of Tequesta's March 19, 2024 election, including tabulation of vote-by-mail ballots. 16.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for all stand-alone municipal elections, if MUNICIPALITY doesn't use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITIY's Canvassing Board is to assemble to canvass the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each precinct(See Exhibit "B"). MUNICIPALITY must also ensure they have a Canvassing Board member present for opening, duplication, tabulation and all other activities requiring Canvassing Board presence by law. ARTICLE 17—AUDITS MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including overtime expenses, for conducting the audit. ARTICLE 18—POST-ELECTION RECORDS RETENTION SOE shall process affirmation forms and sort, inventory, and pack all election materials for pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary election records and ballots until expiration of retention period as prescribed by applicable Florida Statutes and Rules. ARTICLE 19—VOTER HISTORY MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter history. The date selected for undertaking this activity may occur subsequent to the conclusion of all election dates and outside of the terms of this Agreement but both parties agree to work toward recording voter history in a timely manner. ARTICLE 20— OTHER NECESSARY COSTS Any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of a municipal election, that are not specified in this Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE. Examples of such additional costs or reimbursements include, but are not limited to, the following: A. Recounts. Any expenditure for conducting a recount, including any overtime expenses for reprogramming voting equipment, and other expenses as may be necessary to conduct a recount; and, Page 585 of 593 A e n d ae�jydd.)NS AGREEMENT Page 8 of 13 g B. Attorneys' Fees and Costs. Actual attorneys' fees and costs incurred by SOE for research or representation on any election-related matter shall be invoiced by SOE for reimbursement by MUNICIPALITY. ARTICLE 21 —HOLD HARMLESS COVENANT To the extent permitted by law, MUNICIPALITY shall at all times hereafter indemnify, hold harmless and, at SOE's option, defend or pay for an attorney selected by SOE to defend SOE, its officers, agents and employees against any and all claims, damages, injuries, losses, liabilities and expenditures of any kind, including attorneys' fees, court costs and expenses, including but not limited to administrative challenges, civil suits or other legal challenges or appeals that may arise from the contest of election results or the validation of any candidate qualifications, arising out of or resulting from any or all acts of omission or commission of or by the MUNICIPALITY, its officers, agents or employees with respect to any election conducted pursuant to this Agreement. Except for negligent acts of SOE in performance of this agreement, MUNICIPALITY also agrees to indemnify SOE against any administrative challenges, civil suits or other legal challenges or appeals that may arise, including all attorneys' fees and costs, from the contest of election results or the validation of any candidate qualifications. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the waiver or limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for SOE or MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. Furthermore, nothing herein shall be construed as consent by the MUNICIPALITY or the SOE, as a state agency or subdivision of the State of Florida, to be sued by third-parties in any matter arising out of any contract. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such others' negligent, willful or intentional acts or omissions. ARTICLE 22—ENTIRETY AND AMENDMENTS The Agreement embodies this entire agreement between SOE and MUNICIPALITY and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective of binding unless submitted in writing and executed by the duly authorized representatives of both SOE and MUNICIPALITY. ARTICLE 23—EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. Page 586 of 593 Agendialfte24r�'jdd.)NS AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this agreement on the dates set forth below. Signature Signature Wendy Sartory Link Name (Printed or Typed) Name (Printed or Typed) Palm Beach County Supervisor of Elections Title Title Date Date Witness Signature Witness Signature Witness Name(Printed or Typed) Witness Name (Printed or Typed) Page 587 of 593 Agenda Item #26. EXHIBIT "A" Page 588 of 593 Agenda Item #26. Palm Beach County Supervisor of Elections Schedule of Municipal Election Fees Presidential Preference Primary and Municipal Elections 2024 Standard Operation and Programming Polling Place Operations Ballot Preparation and Printing Vote-By-Mail VBM Ballot Requests and Postage Post-Election Reporting and Audit Service Center Operations and Tabulation Total (small municipality < 2k registered voters $750.00 _ $600) VBM Services Other Than Required for PPP VBM Ballot Services — Per Ballot Processed $6.91/Ballot VBM Return Mail Postage Costs —Actual Cost TBD anticipated Costs TBD Page 589 of 593 Agenda Item #26. EXHIBIT " B " Page 590 of 593 Agenda Item #26. Palm Beach County Supervisor of Elections Schedule of Municipal Run-Off/Stand-Alone Election Fees Presidential Preference Primary and Municipal Elections 2024 General Municipal Run-Off/Stand-Alone Election Estimated Costs Services Vote-by-Mail Ballot Services $7.1 I/Ballot Run-Off/Stand-Alone Election Day Services $71195.66_ Precinct Services (perprecinct) $596.24 Accounting/Billing Accounting/Billing $141.36 Polling Location Inspection if applicable) $ 66.53 POLL WORKER PAY Early Voting hourly rate: Site Supervisor: $19/hour Assistant Site Supervisor: $17/hour Inspector: $15/hour Election Day lump sum*: Clerk: $390.00 Assistant Clerk: $250.00 VST: $305.00 Inspector: $230.00 Precinct Deputy: $200.00 Standby Poll Worker (deployed by SOE): Paid at rate for the position which they are trained *Rate of pay is a lump sum that includes training and election day.The Clerk and VST pay rate also includes Monday set-up. ,I,BD Any additional items requested by the municipality will be invoiced separately On call support ($2500 range) Invoiced by Vendor TBD VBM Return Postage Fees $ .60 *Itemized invoices will be provided in the event of a run-off election. 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