HomeMy WebLinkAboutAgreement_General_11/12/2015 (12) AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND
THE VILLAGE OF TEQUESTA
THIS AGREEMENT, is made and entered into this la day of � 2015,
effective January 1, 2016, by and between the Palm Beach County Supervisor of Elections, an elected
county officer pursuant to Article VIII, Sec. 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 March 15, 2016. 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
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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 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 March 15 for 2016 or
November) are attached here 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. RESPONSIBUJTIES OF BOTH THE MUNICIPALITY AND THE SOE FOR
MUNICIPAL ELCTIONS:
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 at least 3
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 proved by the SOE to the
municipality reflects the proper boundaries of the village and notify the SOE of
any changes.
(2) SOE
(a) Publish legal notices for Logic and 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.
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(e) Respond to all media inquiries.
(f) Provide all necessary information and material for petition initiative process.
(2) SOE
(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
ballots.
(f) Reimburse SOE for preparation of Absentee Ballots, Edge layout and Sample
Ballots
(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 notices by SOE.
(2) SOE
(a) Develop a unique test script and manually mark ballots to be used in public Logic
and Accuracy test.
(b) Conduct public Logic and 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 one hundred twenty (120) days prior to each election
and notify SOE in writing of locations.
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(2) SOE
(a) Prepare and provide all supplies needed for each early voting site.
(b) Provide the Municipality with a list of poll workers.
(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.
(j) 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) Municipality
(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 thirty (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.
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(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.
(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 date 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 work 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 deliver 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.
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(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.
(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 workers replacements if needed.
(b) Provide technical support personal 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 expense in relation to the
tabulation and processing of ballots on Election Day.
(d) Act as a 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 SOS'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 unofficial election results upon the conclusion
of tabulation and canvassing of ballots cast on Election Day.
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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 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 record 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 results 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 Ballot.
(g) Reimburse the SOE for all staff salaries /overtime, facility and other expenses
required to conduct the recount.
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(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 Statutes.
(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. MENGVM:
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. 768.28, Florida
Statutes. In no case 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 relating 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 related
election expenses as documented.
7. TERM:
This Agreement shall begin on the effective date January 1, 2016 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.
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.
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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 parry 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, Florida 33469
Attention: Susan Bucher Attention: Lori McWilliams,
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 Agreement, the Municipality approves the Agreement as to form and legal
sufficiency and certifies that this Agreement has met all of the legal requirements of its 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,
2016.
As to the SOE:
WITNES S: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
usan Bucher
Date: I c (Z o I S
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As to the NIU ICIPALITY:
ATTEST: GE OF EQUESTA
Lori McWilliams, MMC,,,VjUgF Clerk igail nnan. N4 a
OF
(Affix Village Sea� - --,* 0�'" G : °�,, Date:
INCORPORATED .
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Palm Beach County Supervisor of Elections
Schedule of Municipal Election Fees
Presidential Preference Primary and Municipal Elections
Tuesday, March 15, 2016
A. Set up Fee $400.00
- Prepare Ballot layout, ADA Ballot Access, ePollbooks
- Post election results on SOE website and Channel 20
B. The additional costs listed below will be based on the actual
expenses incurred by the municipality and included in the post
election invoice.
- Ballot language translations
- Precinct ballot costs for Non Partisan ballots
- Absentee ballot costs for Non Partisan ballots
- Cost of additional ballot card if required, due to additional ballot wording
by municipality, plus additional postage amount
Palm Beach County Supervisor of Elections
2016 Municipal Election Run -Off Fees
ABSENTEE BALLOTS
Set up Absentee Ballot fee 0.13
Voter Absentee Ballot requests - staff time 0.89
Absentee Ballot - materials and postage 2.20
Absentee Ballot prep and mailing - staff time 0.50
Recording /verification of Absentee Ballot returns - staff time 0.89
Notification to Absentee Ballot voter regarding disposition of Canvassing
Board 0.09
COST PER ABSENTEE BALLOT ` $ 4.70
MUNICIPAL PACKAGE
Preparation of audio ballot and language translation TBD
Ballot preparation and layout - Voting Equipment Center and IT 294.23
Publish legal notices - L&A testing, AB canvassing TBD
L&A test development 147.12
Provide certification of registered voters after book closing 33.48
Prepare ePoll books - IT 80.16
Provide polling place supplies - signs, cones, tables, chairs, etc. 25.00
Assist in finding poll worker replacements 54.84
Election Day support 330.60
Election Day staff overtime 463.59
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Palm Beach County Supervisor of Elections
2016 Municipal Election Run -Off Fees
Canvass of Absentee Ballots 328.34
Post election results - SIDE website and Channel 20 48.93
Conduct post election audit 118.34
Provide election results 33.48
COST PER NWNICIPALITY: $1,806 29_
PRECINCT SERVICES
Prepare election materials - Voting Equipment Center Staff 13.19
Prepare equipment cabinets and routing of voter equipment 23.24
Prepare precinct scanners and ADA Touch screen equipment 23.24
ePoll book programming and prep time - IT staff 9.63
ePoll book Data Service - 2 ePoll books per precinct 36.00
Management of voting history (post election) 25.27
Notification to provisional voters re: the disposition of Canvassing Board 4.70
C OST PER PRECINCT
X5.27
* Fees included in this schedule do not include expenses for
delivery and pickup of voting equipment, precinct ballot printing
and poll worker salaries ( as customarily billed to municipalities)
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