HomeMy WebLinkAboutAgreement_General_12/08/2016 (5) 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 _ day of , 2016, effective January 1,
2017, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant
to Article_VIR, 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, 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 General Municipal election is March 14, 2017. 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.
3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY:
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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 and allow their use for any training, 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 nd 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 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 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
(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.
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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 120 days prior to each Election and notify
SOE in writing of the 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.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at a location designated by SOE.
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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) 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 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.
(c) Provide polling place supplies, i.e. signs, cones, etc.
(d) Notify voters and the Municipality of permanent polling place change(s).
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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 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.
(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
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(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 unofficial 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
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.
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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 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. 10 1.5612, Florida Statues.
(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. MEMNITY:
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
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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 enter into a separate contract and receive
the approval of the Supervisor of Elections for the actual election date at least 90 days prior to a
Special Election. 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, 2017 and continue for a term of one
year in order to cover the municipal election cycle of Municipal Election Day and a run -off election,
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. All other requested services to be provided by the Supervisor of Elections Office shall
be by separate contract.
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
Supervisor of Elections Village of Tequesta
240 S. Military Trail 345 Tequesta Drive
West Palm Beach, Florida 33415 Tequesta, FL 33469
Attention: Susan Bucher 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
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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, 2017.
As to the SOE:
WITNESSES: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
Susan Bucher
Date:
As to the MUNICIPALITY:
ATTEST: LA E OF TEQU STA
Lori McWilliams, MMC, Municipal Clerk Abby B ennan, Mayor
Affix Munici a unanlnwun4p
� P l y�0 F T Date: December 8 2016
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9
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 l,2017.
As to the SOE:
WITNESSE : SUPERVISOR OF ELECTIONS
' / PALM BEACH COUNTY
--____J , "
. � �l.�eiviX/\
Susan Bucher
Date: �L � I lp � � l.e
As to the MUNICLPALITY:
ATTEST: L E OF TEQUE
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U1,�.rYl�l.�e�:��— -
Lori McWilliams, MMC, Municipal Clerk Abby B nnan, Mayor
� ,�,,,�����������,���„�,,,
(Affix Municipal��,.OF TF���.,,, Date: December 8, 2016
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C M N O
Exhibit A
2
3 Supervisor_of Elections Municipal Election Charges
4
s - - - - -- 2017 COSTS - --- - - - - --
6
Single Uniform
7 Election Elections
8 ABSENTEE BALLOTS
9 Set up AB fee 0.40 0.03
io 1 0n Call Support - Pitney Bowes 0.16
Prepare and mail Absentee Ballots
(machine use, voter file, postage) -
>> materials and postage 2.20 2.20
Provide absentee voting - prep and
12 mailing; staff time 0.80 0.50
Process absentee ballot requests;
3 sta time 0.89 0.89
Recording /verification of Absentee
14 Bal lot returns - staff time 0.89 0.89
Ballots on the disposition of
16 Canvassing Board 0.09 0.09
TOTAL ABSENTEE BALLOT
17 SERVICES 5.28 4.77
18
19 MUNICIPAL PACKAGE
Arrange for translating, printing and
20 1recording of audio ballot TBD TBD
Provide polling place supplies —
z1 signs, cones, tables, chairs, etc. 25.00 25.00
Publish legal notices (L&A testing,
22 AB canvassing) 833.48 97.93
c M N O
1 Exhibit A
2
3 Su ervisor of Elections Municipal Election Charges
4
5 ---------- - - - - -- 2017 COSTS ---- - - - - --
6
Single Uniform
7 Election Elections
L&A test development (unique test
script, manual ballot marking,
pretesting for comparisons and
23 pulling equipment for public tests) 147.12 147.12
Election Day support (all staff
24 available & phone bank for voters) 1,151.10 480.96
25 jElection Morning and Night OT staff 2,888.16 591.83
Assist the municipality with canvass
28 of Absentee Ballots 328.34 328.34
Post of election results on WEB site
3o and on Channel 20 97.87 97.87
Interface with candidates, press,
city staff, city attorneys regarding
31 Election Law 177.04 177.04
Assist in finding poll worker
32 replacements 54.84 54.84
Conduct mandatory audit days after
33 election 147.17: 147.17
Store all ballots for mandatory 12
34 months
Provide certification of registered
35 voters after book closing 66.9 66.96
Prepare information for upload to
36 ePollBooks Jeff D 80.16 80.16
Prepare Absentee Ballot, Edge
37 layout and Sample Ballot 133.91 133.91
Prepare Absentee Ballot, Edge
38 layout and Sample Ballot 160.32 160.32
C M N O
1 Exhibit A
z
3 Supervisor of Elections Municipal Election Charges
4
5 ---------- - - - - - - 2017 COSTS ---- - - - - --
6 _
Single Uniform
7 Election Elections
TOTAL MUNICIPAL PACKAGE
40 SERVICES 6,291.46 2,589.44
41
42 PAL ECI - -
Prepare Clerk bags incl Ipad,cell
phones and election materials - IT
43 land PW Staff time 13.19 13.19
Delivery and Pick up of voting
44 eq uipment to tra loca tions 12.92 4.04
Prepare equipment cabinets and
45 routing o f voter equipment 2 3.24 23 .24
Prepare precinct scanners and ADA
46 Tou screen equipment 23.24 23.2
Management of voting history (post
47 elec tions) 3 0.77 30.77
Plan training class locations /trainers
48 payroll /prin training ma terials 43.37 43.37
iPAD programming and prep time
49 _IT staff 9.63 9.63
50 iPA Data Servi 144.00 144.00
Notification to provisional voters re:
51 the disposition of C anvassing Bo ard 5.62 5.62
Copy of current polling place
52 cont 0.15 0.15
53 Copy of current poll workers 0.15 0.15
55 TOTAL PRECINCT SERVICES 306.28 297.40
56
67
68 Translation services incurred will be included in the SOE invoice to the municipalities that
C M N O
Exhibit A
z
3 Supervisor of Elections Municipal Election Charges
4
s ---------- - - - - -- 2017 C ---- - - - - --
6
Single Uniform
Election Elections
69 re uired the service.
EXHIBIT B
PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
Municipal Election Charges
(example costs)
2017 Uniform Election Costs
MUNICIPAL
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS
# ballots @4.77 # precincts @ $297.40
HAVERHILL $2,589 40 $191 3 $892
RIVIERA BEACH $2,589 1,209 $5,767 23 $6,840
BOCA RATON $2,589 3,304 $15,760 38 $11,301
2017 One Municipal
MUNICIPAL
MUNICIPALITY PACKAGE ABSENTEE BALLOTS PRECINCTS
# ballots @5.28 # precincts @ $306.28
HAVERHILL $6,291 40 $211 3 $919
RIVIERA BEACH $6,291 1,209 $6,384 23 $7,044
BOCA RATON $6,291 3,304 $17,445 38 $11,639
* Costs exclude expenses absorbed by municipalities i.e.; pollworker payroll, precinct rentals, precinct
ballot printing, advertising and precinct security. In addition, translation services incurred for
municipalities are not included in these costs, and will be included in the SOE invoice to only the
municipalities that required the service.