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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_11/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: N/A 11/14/13 Consent Agen�ia: Yes Resolution #: N/A Originating Department: Clerk ---- _ __ __ __ -----_._ ---- --- ___------___.--- __ ' �' • • • • - C - � _ — - — - - Approval of Agreement for Vote Processing �c��sp�^�� -�: � W �._ �, _ „_ . _ _ � _. � _ -� _ ,. .,,� _ �_. �� � , _., - Beach County Supervisor of Elections Office and the Village of Tequesta � . . .. Account #: 001-120.534.301 Amount of this item: $15,935 Current Budgeted Amount Available: Amount Remaining after item: $15,9:�C `�5 a� Budget Transfer Required: No Appropriate Fund Balance: No ' � � ' �' .• • •- � • � .�- Approval of Agreement for Vote Processing Equipment Use and Election Services by and between the Palm Beach County Supe� �' _ = �,�_ _ :_ � � _ ,� �� ° ��, the Vitla � � � _._ � __ . ______._�._-- __- j - -----_ _.__ --_ _ --__ , . . . � , __ ---- �i, . .� =— – -------_ -------------- – - - --- Department Head - r�,L � Finance Director � Reviewed for Financial Sufficienc r ���'� Y � , r �1�;�,�--- r•.. No Financial Impact ❑ '�--�� '' ,� Attorney: (for legal sufficiency) Village Manager: , � .--- _:_._----------,� Submit for Council Discussion: ''� ^ Approve Item: ❑ Deny Item: � � � .- - ��- -- _ - . - • % - . - - � _=_=� � s , • • , .. _ - _ _ _ vu eo - o - - • - • • • - • • - • • _ � -_ - _ � � �',�� � - ---- — ------- -- ---- Form Amended: 7/12/12 AGREEMENT FOR VUTE PROCESSING EQUIPMENT USE AND ELECTION SERViCES BY AND BET�WEEN THE PALM BEACH COUNTY SUPERVISOR 4F ELECTIONS AND THE "INSERT MUIVICIPALITY NAME" T$IS AGREEMENT, is made and entered into this day of .2014, effective January 1, 2014, by and between the Palm Beach County Supervisar of Elections, an elected county pfficer pursuant to_Article VIII, Sec.l(d) of the Florida Canstitutzon, hereinafter referred to as the "SOE", and the [insert name of municipalitx] , a rnunicipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality". V�JIT`NESSETH: WHEREAS, Chapters 97 to 106, Florida Stat�utes, constitute the Florida. Election Code (the "Cade") which applies to municipalities where expressly so sta.ted; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 sha.11 govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to pravide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code ane followed during municipal elections; and WAEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, 'THEREFORE, in consideration af the mutual covenants and prornises hereinafter contained to be kept and perforrned by the parties hereta, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: l. PiTRPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be pmvided 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 clear 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 Election Audit, unless otherwise sta.ted herein below. 2. DATE OF GENERAL MUNICIPAL ELECTTON: The date of [ Name af Municipality's ] General �Viunicipal 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 among municipalities for costs incurred by the SOE. Such costs sha11 be allocated on a pro-rata share basis; otherwise, 1 it is hereby acknowledged and agreed upon by the municipality 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 taaLpayer 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 places within its dominion and conirol. Examples of municipal elections charges related to certain 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 Navember) are atta.ched 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 a.n invoice ftom the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH 1`HE MLTNICIPALTTY AND T'� SOE F4R MUIVICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the eZection 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 bou.ndaries 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) Mnnicipality (a) Provide qualifying packets to candidates and accept and pracess all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. 2 �2� soE (a) Verify signatures on any qualifying petitions submitted by candida.tes and notify the Municipality of such results upon the close of the candidate qualifying deadline. C. Ballotts (1) Municipality (a) Review, amend (if necessary) and approve baliot 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. (� Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, �roof 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) Cantrol all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be presen# 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) Munxcipality (a) Reimburse the SOE for stafF overtime hours due to weekend and/or et�ening 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) Prepare and provide a11 supplies needed for each Early Voting site. 3 (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide s�ng to accept voted ballots daily at a location designated by SOE. F. Absentee Voting (1) Municipality (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 far Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. ( fl Verify signatures on returned voted Absentee Ba11ot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for a11 Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. (j) Record Absentee Ba11ot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot ta.bulating equipment. (1) Provide qualified staffto operate taba�lation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibiiity and ADA compliance. (c) Notify SOE in writing thirty (30) d�ys prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidaxe 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 nf polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. 4 (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on eiection night. (c) Pay SOE for the production of Precinct Registers or for programming electronic poll baoks. (d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling pla.�e no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers or electronic poll books for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors or provide up to date electronic poll books. (c) Provide certification of registered voters after book closing. (d) Prepare equiprnent, cabinets and routing of voting equipment delivery. (e) Pravide laptop computer at each polling place or electronic poll books. ( fl Provide CD of voter file database for each polling place or up to da.te electronic poll books. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ba11ot envelopes and affidavit farms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poil Workers (1) Municipality (a) Conta.ct, contract with and pay poll workers directly (using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (h) 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 training material. (e) Reimburse SOE for expenses incurred �or trainers to train poll workers. ( fl Reimburse SOE for expenses incurred for contra.cted training locations. (2) SOE (a) Provide the 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. 5 (e) Provide printed tra.ining materials for poll workers. J. Election Day Sappt�rt (1) Manicipality (a) Verify that all polling places are av�ilable to poll workers no later than 6:00 a.m. and open for voting promptly at 7:04 a.m. on E�ectian Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have cornpleted voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Assist in fmding poll worker replacernents 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. Bailot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) D►eliver all voting machine cartridges to a place desigaated 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 technical staf� and required equipment to adxninister tabulation and election resnits. (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 Channel 20. (d) Provide the Municipal Clerk with unofficial electian results upon conclusion of tabulation and canvassing of ballots cast on Election Day. L. Post Election Day (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 reeords and ballots until the expiration of retention 6 period prescribed by statutes. (c) Process polling place �rmation forms. (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Pravisional Ballots after the determination by the Canvassing Board, as required by law. ( fl Respond 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. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administrarion of the audit. (b) Reimburse SOE for any stafftime or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to rrandomly select the race and precinct(s) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and pubiically post manua.l audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance ftom the SOE. (b) Act as a member of the Canvassirig Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the tune 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 sCatutes and rules of the Division of Elections, specifically Rnle 15-2.031. Recount Procedures; and Rule 1 S- 2.027. Standards for Determining Voter's Choice on a Ba11ot. (g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public natice(s) of the Recount �vith the time and location. (b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for exa.mining ont stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. ( fl Provide official certification as determined by the Canvassing Board. 7 5. INDEIVIl�ITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, cla,ims 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 shall such limits for the Municipa.lity 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. These provisions shall not be construed to constitute agreement by either party to indemnify the other for snch other's negligent, willful or intentional acts or omissions. In the evsnt of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed by'this Agreement, or otherwise in connection with the interpretation or application of this Agreemen�, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. Notwithstanding the above, the municipality sha11 defend legal challenges rela.ting to its municipal election and shatl be fully responsible for all legal costs including attomeys' 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. In the event of a Special Election, the municipality shall receive the approval of the Supervisor of Elections for the actual election da.te na later t�an 90 days prior to a Special Electian unless otherwise provided in law. The expense of any Special Election shall include all actual costs incurred by the Supervisor of Elections, including hourly and sa.laried staff costs and other related election expenses as documented. 7. TERM: This Agreement shall begin on the effective date Ja.nuary 1, 2014 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 pra.cticable. 8. 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. 9. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For the SOE: For the Munici ali : 8 Supervisor of Elections Name 240 S. Military Trail Street Address West Pa1m Beach, Florida 33415 Municipality. FL Attentian: Susan Bucher Attention: Clerk 10. SEVERABII.ITY: If any clause, section, or provision of this Agreement sha11 be declared to be unconstitutional, invalid or unenforceable for any ca.use ar 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. 11. 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 legal requirements of your Municipal Charter and all other related laws. 12. 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 shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS VVHEREOF, the parties hereto have entered into this Agreement effective January 1, 2014. As to �#he SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM BEACH CDUNTY Susan Bucher Da.te: As to the MUNCIPALIT'Y: ATTEST: INSERT NAME OF NIUNICIl'ALITY , Municipal Clerk , Mayor (Affia� Municipal Seal) Date: 9 EXHIBIT A PALM BEACH COUNTY SUPERVISOR OF ELECTIONS Municipai Elections Charges ORlGINAL UNIFORM fLECTtQN CHARGES - 2009 * MUNICIPAL TOTAL MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS COST # bailots @3.75 # precincts @ $155 HAVERHtLL $2,338 40 $150 4 $620 $3,108 RIVIERA BEACH $2,338 1,209 $4,534 77 $2,635 $9,507 BOEA RATON $2,338 5,304 $12,390 47 $7,285 $22,013 UNtFORM ELECTION CHARGES - 2fl1212413 * _ MUNICIPAL MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS TOTAL COST AND % CHANGE # baflots a�4.72 # precincts @ $159.40 HAVERHtLL $2,407 40 $189 4 $63$ $3,234 4% RIVtERA BEACH $2,407 1,2Q9 $5,706 17 �2,710 $10,824 14% B�CA RATON $2,407 3,304 $15,595 47 $7,492 $25,d94 16°Io * Costs exc/ude expenses absorbed by municipalities i,e., poNworker payrol/, preclnct r+entals, precir�ct ballot printing, advertising and precinct security EXHIBIT A PALM BEACH COUNTY SUPERVTSOR OF EtECTIONS Ntunicipai Elections Charges 2014 Uniform Election Costs * % Qifference MUNICIPAL TOTAL Versus 2013 MUNICIPALITY PACKAGE ABSENTEE BAtLOTS PRECINCTS COST Uniform Cost # ballots @4.93 # precincts @ $152.52 HAVERHILL $2,466 40 $197 4 $610 $3,273 1% RIVlERA BEACH $2,466 1,209 $5,950 17 $2,593 $11,019 2% BOCA RATON $2,466 3,304 $1$,289 4? $7,9$$ $25,923 2% 2014 One Municipal * % Difference MUNtCIPAL TOTAL Verrus 2013 MUNICIPALITY PACKAGf �►►BSENTEE BALLOTS PRECINCTS COST Uni#orm Cost # baliots @5.90 # precincts @ $157.87 HAVERHILL �5,385 44 $236 A $631 $6,253 91% RIVlERA BEACH $5,385 1,208 $7�133 17 $2,684 $15,202 38% BOCA RATON $5,385 3 �19,494 47 $7,420 $32,299 25% EXHIBIT B Palm Beach Coemty Supervisor oF Elections Off'ice Suromary ot AcHvlt�/ For Unitorm Municipal Elections 7anuary 2014 � A�SENTEE BALL01'�S 5.23 Cost per AB Ballot processed * AB set up Fee $0.04 * On Call service -Pitney Bowes $024 * Process Absent,� Ballot Requests 2.59 * Prepare and mail Absentee Ballots (machine use, staff time, voter file, postage), record/verify absentee ballot retums, prepare/opening of absentee ballots for tabulation 1.36 * Provide absentee voting - prep and maiting 0.90 * Notification to Absentee Ballot and provisionel voters on the disposition of Canvassing Board 0.10 MUI�IICIPAL PACKAGE 2.466 Cost per Municipai * Arcange fio� translaiing, printing and recording of audio Uallot Tgp * Provide poiling place suppiies — signs, cones, tables, chairs, etc. 25.00 * Assist in finding poll worker replacerr�ents 46.63 * Develop masber CD compilation for precinct advisors or provide programmable electronic poll �� 7520 * Provide certification of registered voters after book closing 60.84 * Prepare Abserrtee Ballot, Edge layout and 5ample Ballot 272,pg * Pubiish legal notices for L&A testing, canvass and post elecdons and news releases on book ciosing, absentee batloCs and other elecdon relaCed news 81.93 * L&A test - development of a unique test script, manual balbt marking, pretesfiing for comparisons and puifing equipment for public tes� 211.24 * Elecdon Day support (SOE staff and phone bank) 398.43 * Election night support- incl OT (SOE staff, vobe tabulation and vote certifiqtion) 638.11 * Assist municipalitY with carwass of A6sentee Ballots, schedule carnass arrcl act as member of Canvassing Board 293.60 * Past eleCtion resufts on WEB site and Channel 2Q 92.36 �` Interface with candidates, press, city staff, city attomeys regarding Election Law 157.37 * Conduct mandatory audit post etecGon 112.80 PRECINCT ERVICES 152.52 Cost per precinct * Provide Clerk Bags i.e. precinct registers or programmed elecbnnic poll books, affidaviis, �ppl� �. 24.24 �` Delivery and Pick up of voting equipment to training locations 2.43 �` Prepare precinct scanners and ADA Touch screen eqwipment 18.55 * Prepare equipment tabinets and routing of voter equipment 19.55 �` Copy of currer�t poff workers 0.15 * Create and retain voting history (post electians) 18.16 �` Plan training class locations/train poiiworkers/provide printed training materials 58.44 * Provide laptup computers for Precinct Advisors or programmed elech�onic poll books 5.83 * Notification of provisionsal ballot outcome 3.52 * Copy of current polling plac:e coniract 0.15 * Provide CD of voter file database or programmed poll books for Precinct Advisors 0.50