HomeMy WebLinkAboutAgreement_General_12/11/2014 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE VILLAGE OF
TEQUESTA
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THIS AGREEMENT, is made and entered into this day of 2014, effective January 1,
2015, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant
to _VIH, Sea.l(d) of the Florida Constitution, hereinafter referred to as the "SOE ", and the
Village of Tequesta, a municipal corporation, chartered and organized in accordance with the laws of the
State of Florida, hereinafter referred to as the "Municipality".
WITNESSETH:
WHEREAS, Chapters 97 to 106, Florida 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 Municipality 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 Municipality,
its constituents and the SOE, it is agreed as follows:
1. PURPOSE:
The purpose 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 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
stated hereinbelow.
2. DATE OF GENERAL MUNICIPAL ELECTION
The date of the Village of Tequesta's General Municipal election is 10, 2015. 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
shall be allocated on a pro -rata share basis; otherwise, 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.
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3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY:
The SOE hereby agrees not to charge Municipalities for taxpayer 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 or poll worker training facilities within its dominion and control.
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. 2 °d Tuesday in March or November) are 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 documentation verifying the charges.
Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit
B.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR
MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call 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, provide ballot language for any ballot questions
within the resolution if applicable and appoint members of the Municipality's Canvassing
Board, which may or may not include the SOE, at the SOE's discretion.
(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 and Petition Initiatives
(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.
(c) Respond to all candidate inquiries and questions.
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
(f) Provide all necessary information and materials for petition initiative process
(2) SOE
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(a) Verify signatures on any qualifying petitions submitted by candidates or for petition
initiatives and notify the municipality of such results upon the close of the candidate
qualifying or petition initiative deadlines as applicable.
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.
(f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot.
(2) SOE
(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. Equipment Testing
(1) Municipality
(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) Prepare and provide all supplies needed for each Early Voting site.
(b) Provide the Municipality with a list of poll workers.
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(c) Train poll workers.
(d) Provide staffing 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 for 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.
(f) 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 Ballot voter and provisional voters of the disposition of the
Canvassing Board as required by law.
0) Record Absentee Ballot returns to voter history.
(k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating
equipment.
(1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots.
G. Polling Places
(1) Mnnicipality
(a) Arrange for the use of an adequate number 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 than 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.
(f) 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 and 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 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
election night.
(c) Pay SOE for the production of Precinct Registers or for programming electronic poll
books and related communication fees.
(d) Pay directly to the SOE's contracted moving company to have voting equipment
delivered and picked up from polling place 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 daze electronic poll books.
(c) Provide certification of registered voters after book closing.
(d) Prepare equipment, cabinets and routing of voting equipment delivery.
(e) Provide laptop computer at each polling place or electronic poll books.
(f) Provide CD of voter file database for each polling place or up to date electronic poll
books.
(g) Provide poll worker Clerks with cell phones.
(h) Provide Provisional Ballot 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) Municipality
(a) Contact, 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).
(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 training material.
(e) Reimburse SOE for expenses incurred for trainers to train poll workers.
(f) Reimburse SOE for expenses incurred for contracted training locations.
(2) SOE
(a) Provide the Municipality with a list of current poll workers.
(b) Develop poll worker training schedule.
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(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.
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 until 7:00 p.m. or until all voters who are
in line to vote at 7:00 p.m. have completed voting.
(c) Reimburse SOE for all phone bank costs.
(2) SOE
(a) Provide an additional list of poll 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. Ballot 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) 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 technical 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 and
approved by the SOE 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 unQfficial election 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
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allowed by law.
(b) Store all necessary election records and ballots until the expiration of retention
period prescribed by statutes.
(c) Process polling place affirmation forms.
(d) Sort, inventory, pack and store all election 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.
(f) 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 administration of the
audit.
(b) Reimburse SOE for 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 staff to conduct manual audit.
(d) Ascertain and publically post manual 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 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
(f) Review with the Canvassing Board and the counting teams the statutes and rules of
the Division of Elections, specifically Rule 1 S- 2.031. Recount Procedures; and Rule 1 S-
2.027. Standards for Determining Voter's Choice on a Ballot.
(g) Reimburse the SOE for all staff sahuies/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.
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(c) Provide counting teams for examining out stacked ballots.
(d) Prepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professional staff for equipment operations.
(f) Provide official certification as determined by the Canvassing Board.
5. INDEMNITY:
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, 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. 76828, Florida
Statutes. In no am shall such limits for the 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. These provisions shall not 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 litigation, trial or appellate, between the Municipality and the
SOE relaxing to a municipal election governed by this Agreement, or otherwise in connection with
the interpretation or application of this Agreement, the prevailing party shall be entitled to recover
its reasonable attorneys' fees and costs from the non - prevailing party. Notwithstanding the above,
the municipality shall defend legal 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. In the event of a Special Election, the municipality shall receive the approval of the Supervisor of
Elections for the actual election date no later than 90 days prior to a Special Election 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 salaried staff costs and other relaxed
election expenses as documented.
7. TERM:
This Agreement shall begin on the effective date January 1, 2015 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 shall be provided to the municipalities no later
than August 1 of the applicable year, or as soon as practicable.
S. 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
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individual designated below, until such time as either party furnishes the other party written
instructions to contact another individual.
For the SOE: For the Municipality:
Supervisor of Elections Village of Tequesta
240 S. Military Trail 345 Tequesta Drive
West Palm Beach, Florida 33415 Tequesta, FL 33469
Attention: Susan Bucher 1 Attention: Village Clerk
10. SEVERABILITY:
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
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.
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 WHEREOF, the parties hereto have entered into this Agreement effective January 1,
2015.
As to the SOE:
WITNESSES: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
usan Bucher
Date: 1 Z 2Z 1
As to the MUNCIPALITY:
```` \ \ \ \ \ \9
ATTEST: S�L -Q `.;� OF TEQUE
�*►- l� o:
rs y 177 9
Lori McWilliams, MMC t1UOL4 �([fylQl� , Mayor
Municipal Clerk
(Affix Municipal Seal) Date:
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PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
2015 Municipal Elections Charges
Cost Examples - Small, Medium, Large Municipalities
Uniform Election Costs *
MUNICIPAL TOTAL
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS COST
# ballots 05.31 # precincts 01310.00
HAVERHILL $2,563 40 $212 4 $1,240 $4,015
RIVIERA BEACH $2,563 1,209 $6,420 17 $5,270 $14,252
BOCA RATON $2,563 3,304 $17,544 47 $14,570 $34,677
Single Election
MUNICIPAL TOTAL
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS COST
# ballots 06.29 # precincts aQ $318.61
HAVERHILL $5,812 40 $252 4 $1,274 $7,338
RIVIERA BEACH $5,812 1,209 $7,605 17 $5,416 $18,833
BOCA RATON $5,812 3,304 $20,782 47 $14,975 $41,569
* Costs exclude expenses absorbed by municipalities i. e.; pollworker payroll, precinct rentals, ballot translations,
ballot printing, advertising, precinct security and election day equipment delivery
C I D I E I F G
2 Supervisor of Elections 2015 Municipal Elections Cost Details
3
4 Single Election Unifor Elections
5 ABSENTEE BALLOTS
6 Setup fee 0.40 0.03
7 On Call Support - Pitney Bowes 0.16
rrepar dFJU Md11 mosentee manoys —
(machine use, voter file, postage) -
8 materials and postage 2.20 2.20
Provide absentee voting - prep and
9 mailing; staff time 1.66 1 0.90
vrocess L
10 time 0.96 0.96
R ecord ing veri ication ot Absentee Ball o
11 returns - staff time 0.96 0.96
N otification o vot ers of bsen ee a lots
12 on the disposition of Canvassing Board 0.10 0.10
TOTAL ABSENTEE BALLOT Cost per AB Ballot Cost per AB Ballot
13 SERVICES 6.29 processed 5.31 processed
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15 MUNICIPAL PACKAGE
Actual charges to Actual charges to
munis that require mums that require
Arrange for translating, printing and translation service, plus translation service, plus
16 recording of audio ballot TBD IT time to be added TBD IT time to be added
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Provide polling place supplies – signs,
17 cones, tables, chairs, etc. 25.00 25.00
P ublish ega notices esteng,
18 canvassing) 532.09 82.14
manual ballot marking, pretesting for
comparisons and pulling equipment for
19 public tests) 14 3.58 207.76
Election Day support (all staff available &
20 1 phone bank for voters) 1,151.73 no phone bank 483.97 phone bank include(
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21 Election Morning and Night OT staff 2,753.01 556.86
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Assist the municipality with canvass of
24 j Absentee Ballots �; 314.16 314.16
Post election results on SOE website and
26 Channel 20 97.27 97.27
Interface with candidates, press, city
staff, city attorneys regarding Election
27 Law 171.581 171.58
B I C I ® I E I r I G
2 Supervisor of Elections 2015 Municipal Elections _Cost Details
3
Single Ele ction Uniform Elections
28 Assist in finding poll worker replacements 51.59 5 77
e 1.59
Conduct mandatory audit days after
29 election 141.52 141.52
Provide certification of rgistered voters
30 after book closing 64.18 ; 64.18
Prepare voter data for e-pollbook (EPB)
31 upload 79.41 79.41
Prepare Absentee Ballot, Edge layout and
32 Sample Ballot 128.35 128.35
Prepare Absentee Ballot, Edge layout and a
33 Sample Ballot 158.81 158.81
Municipal Package Municipal Package
TOTAL MUNICIPAL PACKAGE Cost excluding Cost excluding
35 SERVICES 5,812.28 translation services 2,562.60 translation services
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37 PRECINCT SERVICES
Prepare Clerk bags incl Ipad,cell phones
and election materials - IT and PW Staff
38 time 12.83 12.83
Delivery and Pick up of voting equipment
39 to training locations 12.53 3.91
Prepare equipment cabinets and routing
40 plan for voting equipment 21.49 21.49
Prepare precinct scanners and ADA Touch
41 screen equipment 21.49 21.49
42 Post Election Voting history requirements 31.92 31.9
Plan training class locations /trainers
43 payroll /printed training materials 58.65 58.65
WAD programming and prep time _IT
44 staff 9.59 9.59
45 iPADs Data Service 144.00 144.00
Notification to provisional voters re: the
46 disposition of Canvassing Board 5.81 5.81
47 Copy of current polling place contract 0.15 0.15
48 List of precinct poll workers 0.15 0.15
A B C D I E F G
2 Supervisor of Elections 2015 Municipal Elections Cost Details
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., u a
4 Single Election Uniform Elections
1 5o TOTAL PRECINCT SERVICES 1 318.61 Cost per precinct 310.00 Cost per precinct