HomeMy WebLinkAboutDocumentation_Regular_Tab 08_11/08/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
AAeeting Date: Meeting Type: Regular Ordinance #: N/A
10/11/12
Consent Agenda: Yes Resolution #: N/A
Originating Department: Clerk
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval of Agreement for Vote Processing Equipment Use and Election Services by and between the Palm
Beach County Supervisor of Elections Office and the Village of Tequesta
BUDGET / FINANCIAL IMPACT:
Account #: 001.120.534.301 Amount of this item: $13,000
Current Budgeted Amount Available: Amount Remaining after item: Not Applicable at this time
$13,000
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Approval of Agreement for Vote Processing Equipment Use and Election Services by and between the Palm
Beach County Supervisor of Elections Office and the Village of Tequesta
APPROVALS: SIGNATURE:
Department Head
Finance Director
Reviewed for Financial Sufficiency
No Financial Impact ❑ `�--
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: � �_
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
• Forward copy of approved agreement to Elections Office by 12/31/12
Form Amended: 10/20/11
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' `��' MEMORANDUM
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°� 4 Village of Tequesta
� tv Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, MMC, Village Clerk �-
DATE: October 1, 2012
SUBJECT: Agreement for Vote Processing Equipment Use and Election
Services with the Palm Beach County Supervisor of Elections Office
(SOE)
The 2008 leadership change within the Palm Beach County Supervisor of Elections
Office (SOE) has necessitated the need for an annual election services agreement
befinreen the elections office and the local Palm Beach County Municipalities. The
agreement sets forth the terms and conditions under which serviced will be provided by
the SOE and municipality for municipal elections and setting forth the responsibilities
and costs to be incurred by both parties.
Costs listed in the agreement are estimated expenses to be paid to the elections office
for services they will render. These are rough estimates and subject to change based
on number of absentee ballots, petition verifications, and number of voters, recounts,
canvassing inquiries, etc. Costs included in the agreement do not include costs for
advertising, equipment delivery/pickup, poll worker payroll, or other miscellaneous costs
that are incurred by the Clerk's Office to run the municipal election.
The Supervisor of Elections Office provides a valuable service to the Village staff and I
recommend approval of the proposed agreement.
AG�iEEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE �INSERT
MUrTICIPALITY NAME"
THIS AGREEMENT, is made and entered into this day of .2012, ei�ective January 1,
2013, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant
to_Article VIII, Sec1(d) of the Florida Corrstitution, hereinafter referred to as the "SOE", and the
(insert name of municipalityl , a municipal corporation, chartered and organized in
accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality".
WIT'NESSETH:
WHEREAS, Chapters 97 to 106, Fdorida Statutes, constitute the Florida Election Code (the
"Code") which applies to municipalities where expressly so stated; and
WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters
97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act,
charter, or ordinance provision"; and
WHEREAS, the Municipaliry and the SOE desire to work together to provide for municipal
elections and to allocate certain responsibilities and expenses between the two parties to ensure that the
provisions of the Code are followed during municipal elections; and
WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms
of this coordinated program.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the Mwnicipality,
its constituents and the SOE, it is agreed as follows:
1. PURPOSE:
The pury�ose of this Agreement is to set forth the terms and conditions under which services will
be provided by the SOE and staff to the Municipality for municipal elections and to set forth the
responsibilities of both parties so that there is a cleaz understanding of the rights and
responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off,
Special and Recount elections as necessary as well as the Post Elecrion Audit, unless otherwise
stated hereinbelow.
2. DATE OF GENERAL MUNICIPAL ELECTION
The date of [ Name of Municipality's ] General Municipal election is
It is hereby acknowledged and agreed that if the date listed is the same as most other
municipalities in March or November, there will be a cost sharing amvng municipalities for
costs incurred by the SOE. Such costs shall be allocated on a pro-rata share basis; otherwise,
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it is hereby acknowledged and agreed upon by the municipa,lity that it is responsible for all costs of the
election, incurred by the office of the SOE.
3. FEES AND CHARGES TO BE PAID BY THE MUNICII'ALITY:
The SOE hereby agrees not to charge Municipalities for ta7�payer purchased equipment and
supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees
related to such equipment in return for which the Municipality hereby agrees not to charge the
SOE for polling piaces within its dominion and control. Exarnples of municipal elections charges
related to certa.in services performed by the SOE to be passed through to the Municipality on a
shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2na
Tuesday in March or November) aze attached hereto as Exhibit A. All items to be paid or
reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an
invoice from the SOE with documentafion verifying the chazges.
E�mples of total costs to small, m�ium and large municipalities are attached hereto as E�ibit
B.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND T[� SOE FOR
MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly ca11 and advertise the election according to statutes and charter at its
own expense.
(b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections
conduct the municipality's election and act as a member of the Municipality's
Canvassing Board, which may or may not include the SOE.
(c) certify that the registered voter information provided by the SOE to the municipality
Reflects the proper boundaries of the city and notify the SOE of any changes.
(2) SOE
(a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post
Election Audit and news releases on book closing.
B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates and accept and process all qualifying papers
and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying
and submit to SOE.
(cj Respond to all candidate inquiries and quest�ons.
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
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(2) SOE
(a) Verify signatures on any qualifying petitions submitted by candidates and notify the
Municipality of such results upon the close af the candidate qualifying deadline.
C. Ballots
(1) Municipality
(a) Review, amend (if necessary) and approve ballot proof prepared by SOE.
(b) Place an order with the SOE for a sufficient quantity of ballots as applicable.
(c) Pay ballot design costs to the SOE as incurred.
(d) Pay the ballot printer directly for the cost of said ballots.
(e) Reimburse the SOE for costs incurred for translation and audio recording of ballot.
( fl Reimburse SOE for preparazion of Absent� Ballot, Edge layout and Sample Ballot.
(2) S�E
(a) Layout, check, proof and deliver ballot layout to the printer.
(b) Receive, securely store and account for all ballots until disbursed to polling places.
(c) Contract to have audio recorded for Touch Screen ballot.
(d) Control all access to unvoted ballots while in the possession of the SOE.
D. Eqaipment Te�ting
(1) Munieipality
(a) Provide that a representative will be present during the Logic and Accuracy
testing as noticed by SOE.
(2) SOE
(a) Develop a unique test script and manually mark ballots to be used in public Logic &
Accuracy test.
(b) Conduct public Logic & Accuracy test.
E. Early Voting — Optional
(1) Municipality
(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours
for Early Voting.
(b) Pay SOE for Early Voting supplies.
(c) Contract with, schedule and pay poll workers directly.
(d) Deliver voted ballots to SOE daily at a location designated by SOE.
(e) Designate Early Voting sites thirty (30) days prior to each Election and notify SOE
in writing of locations.
(2) SOE
(a) Prepaze and provide all supplies needed for each Early Voting site.
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(b) Provide the Municipality with a list of poll workers.
(c) Train poll workers.
(d) Provide stafFmg to accept voted ballots daily at a location designated by SOE.
F. Absentee Voting
(1) Maaici�lity
(a) Reimburse SOE for all postage costs incurred at the current postal rate.
(b) Pay SOE for materials and handling of each absentee ballot.
(c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot
certificates.
(d) Refer all requests for absentee ballots to SOE.
(2) SOE
(a) Determine eligibility and compile Absentee Ballot file.
(b) Accept all requests for Absentee Ballots by telephone, mail or in person.
(c) Prepare and mail Absent� Ballots.
(d) Deliver Absentee Ballots to the Post Office.
(e) Receive voted Absentee Ballots.
(� Verify signatures on returned voted Absentee Ballot certificates.
(g) Prepare and open Absentee Ballots for tabulation.
(h) Account for all Absentee Ballots.
(i) Notify Absentee Ba11ot voter and provisional voters of the disposition of the
Canvassing Board as requir� by law.
(j) Record Absentee Ballot returns to voter history.
(k) Conduct public testing of Logic and Accuracy for Absente� Ballot tabulating
equipment.
(1) Pmvide qualified staff to operate ta.bulation equipment to count Absentee Ballots.
G. Polling Places
(1) Municipality
(a) Amange for the use of an adequate num�r of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify SOE in writing thirty (30) days prior to election of the need for tables and
chairs if necessary.
(d) Notify SOE of polling locations to be used no later tlian noon the Friday after the
municipal candidate qualifying deadline.
(e) Notify the SOE not less than 30 days prior to the election that a polling place will be
moved to another site.
( fl Notify voters, as required by law, if their regular polling place is to be temporarily
relocated.
(2) SOE
(a) Provide the Municipality with a list of polling places asid SOE contract.
(b) Provide tables and chairs upon written notice from the Municipality when required.
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(c) Provide polling place supplies, i.e. signs, cones, etc.
(d) Notify voters and the Municipality of permanent polling plac� change(s).
H. Precinct SuppGes
(1) Municipality
(a) Pay SOE for precinct supplies provided.
(b) Provide a secure place for precinct clerks to return supplies and voted ballots on
election night.
(c) Pay SOE for the production of Precinct Registers.
(d) Pay directly to the SOE's contrdcted moving company to have voting equipment
delivered and picked up from polling place no later than the day before the el�tion and
returned after the election.
(2) SOE
(a) Provide Precinct Registers for each polling place location.
(b) Provide Master CD compilation of registered voters for precinct advisors.
(c) Provide certification of registered voters after book closing.
(d) Prepare equipment, cabinets and muting of voting equipment delivery.
(e) Provide laptop computer at each polling place.
(� Provide CD of voter file clatabase for each polling place.
(g) Provide poll worker Clerks with cell phones.
(h) Provide Provisional Ba11ot envelopes and affidavit forms for each polling place.
(i) Provide secrecy sleeves in a number and amount appropriate for each polling place.
I. Poll Workers
(1) MuQicipality
(a) Contact, contract with and pay poll workers directly (using only poll workers who are
currentty on the SOE list, or individuals who have successfully completed required
training).
(b) Schedule and notify poll workers of training classes.
(c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to
training locations.
(d) Reimburse SOE for expenses incurred in printing lraining material.
(e) Reimburse SOE for expenses incurred for trainers to train poll workers.
( fl Reimburse SOE for expenses incurred for contracted training locations.
(2) SOE
(a) Provide tlie Municipality with a list of current poll workers.
(b) Develop poll worker training schedule.
(c) Plan and contract for training classes and locations.
(d) Contract with and pay trainers to train poll workers.
(e) Provide printed training materials for poll workers.
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J. Election Day Support
(1) Municipality
(a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and
open for voting promptly at 7:00 a.m. on Election Day.
(b) Ensure that all polling places remain open unti17:00 p.m. or until a11 voters who are
in line to vote at 7:00 p.m. have complet� voting.
(c) Reimburse SOE for all phone bank costs.
(2) SOE
(a) Assist in finding �11 worker replacements if needed.
(b) Provide technical support personnel as needed.
(c) Provide phone bank support to respond to poll workers and voters on Election Day.
K. Balbt Tabulation/Coanti�tg of Electioe Resnits
(1) Municipality
(a) I3eliver all voted baliots and other necessary election related items to a glace
designated by the SOE after the polling places have closerl on Election Day.
(b) Deliver all voting machine cartridges to a place designated by the SOE after the
polling places have closed on Election Day.
(c) Reimburse the SOE for any staff overtime and other expenses in relation to the
tabulation and processing of ballots on Election Day.
(d) Act as member of Canvassing Board.
(2) SOE
(a) Provide te�hnical staff and required equipment to administer tabulation and election
results.
(b) Assist and act, or appoint a designee to assist and act on the SOE's behalf, as a
member of the Municipality's Canvassing Board if desired by the municipality or act as a
member of the County Canvassing Board if it canvasses the municipality's election, if
allowed by law.
(c) Post election results on SOE WEB site and provide the same to Channe120.
(d) Provide the Municipal Clerk with unofficial election results upon conclusion of
tabulation and canvassing of ballots cast on Election Day.
L. Post El�tion pay
(1) Municipality
(2) SOE
(a) Provide the Municipal Clerk with an official certification of election results if
allowed by law.
(b) Store all necessary election records and ballots until the e�iration of retention
period prescribed by statutes.
(c) Process polling place affirmation forms.
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(d) Sort, inventory, pack and store all elecrion materials for retention and disposition.
(e) Notify voters of the disposition of their Absentee or Provisional Ballots after the
determination by the Canvassing Board, as required by law.
( fl Res�nd to public records requests regarding records kept on behalf of the
Municipality.
(g) Record voting history for each voter who voted on Election Day.
M. Aadit
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible for the administration of the
audit.
(b) Reimburse SOE far any staff time or other related expenses as may result from
conducting the manual audit.
(2) SOE
(a) Organize precinct information to allow the Municipal Clerk to randomly select the
race and precinct(s) that shall be audited.
(b) Organize and prepare ballots for manual audit.
(c) Provide SOE staffto conduct manual audit.
(d) Ascertain and publically post manual audit result to SOE WEB site.
N. Recount
(1) Municipaiity
(a) Provide that the Municipal Clerk will be responsible for the administration of the
Recount, with support and guidance from the SOE.
(b) Act as a member of the Canvassing Board.
(c) Notify the candidates of the time and date of the Recount.
(d) Post public notice(s) of the Recount with the time and location.
(e) Cause to have the Recount recorded and minutes kept and approved by the
Canvassing Board.
(� Review with the Canvassing Board and the counting teams the statutes and rules of
the Division of Elections, specifica.11y Rule 15-2.031. Recount Procedures; and Rule 1 S-
2.027. Standards for Determuung Voter's Choice on a Ballot.
(g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses
required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the time and location.
(b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues.
(c) Provide counting teams for examining out stacked ballots.
(d) Ptepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professianal staff for equipment operations.
( fl Provide official certification as determined by the Canvassing Board.
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5. IlVDEMrTITY:
Each party to this agreement shall be liable for its own actions and negligence. To the e�ent
permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any
actions, claims or damages arising out of the Municipality's negligence in connection with
perFormance under this Agreement; and the SOE shall indemnify, defend and hold harmless the
Municipality against any actions, claims or damages arising out of the negligence of SOE in
connection with its performance under this Agreement. 'The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida
Statutes. In no case sha11 such limits for the Municipality e�end beyond $100,000 for any one
person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises
out of the same incident or occurrence. These provisions shall nat be construed to constitute
agreement by either party to indemnify the other for such other's negligent, willful or intentional
acts or omissions. In the event of litiga.tion, trial or appellate, between the Municipality and the
SOE relating to a municipal election govemed by this Agreement, or otherwise in connection with
the interpretation or application of this Agneement, the prevailing party shall be entitled to recover
its reasonable attomeys' fees and costs from the non-prevailing party. Notwithstanding the above,
the municipality shall defend lega.l challenges relating to its municipal election and shall be fully
responsible for all legal costs including attorneys' fees for such defense of the Municipality and
the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such
lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE.
6. TERM:
This Agreement shall begin on the effective date January 1, 2012 and continue for a term of one
year in order to cover Special Elections, if any, and may be modified by mutual agreement of the
parties. Any proposed changes to this Agreement sha11 be provided to the municipalities no later
than August 1 of the applicable year, or as soon as practicable.
7. CHANGE IN LAW:
In the event any change in law abrogates or modifies any provisions or applications of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement.
8. NOTICES:
All formal notices affecting the provisions of this Agr�ment may be delivered in person or be
sent by facsimile, registered mail, or by a recognized overnight courier such as FedE� to the
individual designated below, until such time as eitlier party furnishes the other parly written
instructions to contact another individual.
For the SOE: For the Munici i:
Supervisor of Elections Name
240 S. Military Trail Street Address
West Palm Beach, Florida 33415 Municipality, FL
Attention: Susan Bucher Attention: Mana er
9. SEVERABII.ITY:
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
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invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law,
the same shall be eliminated from this Agreement, and the remaining portion of this Agreement
shall be in full force and effect and be valid as if such invalid portions thereof had not been
incorporated herein.
l 0. By signing this contract, you and your municipality approve the contract as a form of legal
sufficiency and certify that this contract has met all of the legat requirements of your
Municipal Charter and all other related laws.
1811. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parties. No representations other than those
set forth herein shall be binding upon the parties. No modification of this agreement shatl be
effective unless submitted in writing and signed by both parties, or their duly authorized
representatives.
IN WITNESS WHEREOF, the parties hereto have entered into this A�reement effective January 1,
2013.
As to the SOE:
WITNESSES: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
Susan Bucher
Date:
As to the MITNCIPALITY:
ATTEST: INSERT NAME OF MUNICIPALITY
, Municipal Clerk , Mayor
(Affi1c Municipal Seal) Date:
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PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
Municipal Elections Charges
o��tr�a�. u���c���n ��.+�ctrc�r� c�ra�t��s *
MUNICiPAL TOTAL
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCT3 COST
# ballots @3.75 # precincts @ $155
HAVERHILL $2,338 40 $150 4 $620 $3,108
RIVtERA BEACH $2,338 1,209 $4,534 17 a2,63S $9,507
BOCA RATON $2,338 3,304 $12,390 47 $7,285 $22,013
* Costs do not lnclude costs curreMly absorbed by municipalities l.e.; pollworker payroll, precinct rentals, precinct
ballot printing, advertising and precinct secu�ity
�TE[�.UPIl�'C'�R�A E�.�C'�1�l+t CF#Att�'s�� - F1�BIJUL �#�4� *
MUNICIPAL TOTAL COST AND %
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS CHANGE
# ballots @4.72 # precincts @ $159.40
HAVERHIL! $2,407 40 $189 4 �638 $3,234 4%
RIVIERA BEACH $2,4Q7 1,209 $5,706 17 a2,710 $10,824 14%
BOCA RATON $2,407 3,304 $15,595 47 $7,492 $25,484 16%
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Palm Beach CouMy Supervisor � Eleclaons Office
Summary of Activity For Uniform Municipal Elecdons
Feb/Ju12012 Estimabe
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ASSENTEE BALLOTS .72 Co�t per AB BaBot processed
* Runbecic Set up fee $0.04
* On Call servioe -Pilney Bowes $0.24
* Process Absentee Baliot Requ�.sls 0.85
* Prepare and mail Absentee Ballots (rrwdiine iue, sta� time, v�er file, Po�ge), rewrd/verifY
absentee ballot retums, prepare/openirig of absentee ballots for tabulation 2.50
* Provide absentee voting - prep and mailing 1.00
* Notification to Al�entee Ballot and provisionat voters on tfie disposidon of Canvassing Board 0.09
MUMICIPAL PACKA6E �,407 Cost per Munid�l
*
Arran9e for tran�ab�9. P�nb�4 and retording of audio ba�lot TBO
* Provide polli su
n9 P� PP�ies - signs, oones, tablFS, diairs, eU�. 25.00
* A�ist in finding poll worker replao2menis 42.14
* Develop mastier CD compilaGon fw precinct advisors 71.08
* Provide cerdfication of registered voters after book dosing 57.50
* Prepare Absentee Ballot, Edge layout and Sample Ballot 257.78
* Publish legal natices for L8�A testing, canvass and post elections and news releas� on book
dosing, absentee ballots and other election related news 66.09
* L&A test - development of a unique test stript, manual ballot marlting, pretesti�g for
comparisons and pulGng equipment f� pu66c tes�s 186.09
* ��Y �PP� �SOE staff arxl phone bank) 399.17
* E�ecbon n�ynt �,�ort (soE stafF, w�ee tab�,lation ana vote aertification) sao.7o
* Assist municipality with �nvass of Absentiee Ballots, scfiedule canvass and act as rt�ember of
Canvassing Board 264.22
* Post election results on WEB site and Channel 2Q 86.80
* Interface witli candidates, press, a staff, ci atto ng
ty ty meys regardi Elecbon Law 138.41
* Conduct mandatory audit post election 172.98
PRECINGT SERVICES 1.40 Cost per qrecinct
* Provide Clerk Bags i.e. preanct registers, affida�rils, supplies etc. 23.68
* Delivery and Pidc up of voting equipment to trairdng laations 2.33
* Prepare preanct scanners and ADA Touch sapen equipment 18.58
* Prepare equipment cabinets and routing of voffir equipment 18.58
* Provide CD of voter file database for Precinct Ad��isors 0.50
* Plan training class locatlons/train pollworkers/provide printed training materials 58.26
* Provide laptop computers for Preci�ct Advisors 8.54
* Notification of provi5ionsal ballot outcome 4.68
* Copy of current polling place coMract 0.15
* Copy of wrrer�t poll woricers 0.15
* Create and retain voting h�story (post e�Ctions) 23.95