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R2020-11 Elections Services AgreementRESOLUTION 2020-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2009, the Palm Beach County League of Cities, through its Ad Hoc Committee on Municipal Elections, negotiated an agreement with the Palm Beach County Supervisor of Elections to detail and allocate the duties, responsibilities and fees associated with conducting municipal elections commencing with the 2010 municipal election; and WHEREAS, the Supervisor of Elections has presented the Village with a revised Agreement for Vote Processing Equipment Use and Election Services for the 2020 general election, and the Village Council determines that the approval of the Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the Agreement for Vote Processing Equipment Use and Election Services with the Palm Beach County Supervisor of Elections, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2020. (Village Seal) ATTEST: VILLAGE CLERK i 0"'j" - MAYOR COAL F .* ; C7 t Wendy Sartory Link t1 2 x; '' 0 F11Z A`Palm Beach County Supervisor of Elections 2020 MUNICIPAL ELECTIONS VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to as the "Agreement") is hereby entered into by and between the Palm Beach County Supervisor of Elections Office (hereinafter referred to as "SOE") and the Village of North Palm Beach, Florida (hereinafter referred to as "MUNICIPALITY'). WITNESSETH.- WHEREAS, ITNESSETH,; WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an election that requires the use of vote processing equipment to count ballots; and, WHEREAS, all vote processing equipment requires specially trained and knowledgeable individuals to program, operate and maintain said equipment; and, WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said equipment; and, WHEREAS, MUNICIPALITY hereby acknowledges full responsibility for all applicable requirements under the Florida Election Code and any provision of the City Charter or municipal ordinances which may not be addressed or included in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein, SOE and MUNICIPALITY agree as follows: ARTICLE I — RECITALS The above recitals are true and correct and incorporated herein. 2020 ELECTIONS AGREEMENT ARTICLE 2 — AGREEMENT Page 2 of 12 SOE shall provide MUNICIPALITY such necessary vote processing equipment and election services according to the terms and conditions stated in this Agreement, for the purposes of conducting a Uniform Municipal Election in conjunction with the Presidential Preference Primary Election to be held on March 17, 2020, and a Run -Off Election, if necessary, to be held on March 31, 2020, along with the necessary vote processing equipment and election services to facilitate any early voting sites, polling locations and polling places as may be necessary and agreed upon by the parties. ARTICLE 3 — OPERATION AND PROGRAMMING SERVICES 3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election operations (Exhibit "A"). 3.2 Vote -By -Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote -By - Mail ballot request processed plus actual postage costs, including Return Postage. MUNICIPALITY shall also pay SOE for each Vote -By -Mail ballot signature verified (Exhibit «A»). 3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote processing equipment, including any processors or tablets, will be performed exclusively by SOE and such services are included in all stated charges. However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or unauthorized acts by any employee or representative of MUNICIPALITY. ARTICLE 4 — OTHER ELECTION CHARGES 4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct preparation and poll worker training (Exhibit "A"). 4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or services not specifically provided for in this Agreement but that may be described or listed in the latest Municipal Fee Schedule as distributed to MUNICIPALITY. Where MUNICIPALITY holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in Exhibit "A" controls. In all other situations, Run -Off Election and Stand -Alone Election Fee Schedules control (Exhibit "B"). MUNICIPALITY agrees that the Municipal Fee Schedule and the prices contained therein are subject to change (Exhibits "A" and "B"). 4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY shall pay SOE for any other election services not contemplated herein which may be needed to conduct an orderly election. ARTICLE 5 — TERM For each election, the terms of this Agreement begin with ballot layout and conclude when ballots have been processed, election results have been certified, all vote processing equipment has been returned to the SOE's warehouse and an audit, if applicable, has been completed. In the event of an election contest or challenge, SOE agrees to cooperate in providing any public records which the SOE maintains or otherwise controls. 2020 ELECTIONS AGREEMENT Page 3 of 12 ARTICLE 6 — APPLICABLE REQUIREMENTS OF FLORIDA'S ELECTION CODE MUNICIPALITY shall properly call the election in accordance with any Florida Statutes, applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal Clerk is responsible for the conduct of the city's elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the sole responsibility of MUNICIPALITY. ARTICLE 7 — NOTICE AND ADVERTISEMENT OF ELECTIONS 7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections. SOE shall prepare and arrange for publication of all legal advertising required by state and federal statutes, municipal charter and municipal ordinances, provided that MUNICIPALITY shall make SOE aware of all publications required by MUNICIPALITY'S charter or ordinances. SOE agrees that all advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that SOE shall be responsible for the accurate and complete translation of any such notices. 7.2 Run -Off Election. In the event of a run-off election, MUNICIPALITY shall prepare and arrange for publication of all legal advertising required by state and federal statutes, city charter and city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY shall be responsible for the accurate and complete translation of any such notices. SOE shall, if available, provide samples of required advertising upon request. ARTICLE 8 — QUALIFYING OF CANDIDATES MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at the close of qualifying. If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10) per name, or such other amount as determined per Florida Statutes or the Florida Administrative Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such petitions are received. In no event shall SOE issue any recommendations or make any legal determinations as to the qualifications of eligibility of any candidate for municipal office. ARTICLE 9 — PRINTING OF BALLOTS AND BALLOT SERVICES 9.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall place an order for sufficient quantity of Election Day ballots with a third -party printer as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer. MUNICIPALITY shall pay SOE a per -ballot fee for each Vote -By -Mail ballot printed that is not otherwise being printed by SOE for the Presidential Preference Primary, including any additional pages required for MUNICIPLITY' S races or questions. 2020 ELECTIONS AGREEMENT Page 4 of 12 MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all ballot information in English, Spanish and Creole, including the name of the candidates as they are to appear on the ballot, the name of the Municipality, the name of the election, the title of office or referendum title, explanation, and questions. SOE agrees to provide the layout of the ballot(s) based on the information furnished by MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and MUNICIPALITY must sign off on ballot proof(s). MUNICIPALITY shall be responsible for providing all necessary translations of ballots, in accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote machine. Once test ballots are received from the printer, SOE will test all vote processing equipment in accordance with the standards established by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also control and limit all access to un -voted ballots while in possession of SOE. 9.2 Run -Off Election. In the event of a run-off election, MUNICIPALITY will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be responsible for providing any additional translations and must again approve ballot content and layout prior to printing. MUNICIPALITY will be responsible for reimbursing SOE for any and all costs incurred (Exhibit "B"). ARTICLE 10 — POLL WORKERS 10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE will train all poll workers in accordance with the Florida Election Code and other guidelines, procedures or regulations as followed or adopted for the conduct of elections in Palm Beach County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll worker training sessions. Poll workers shall undergo job specific training and complete required number of training hours as specified by SOE poll worker department management. All necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or transported in poll worker clerk bags. 10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall pay poll workers directly for their services. 10.3 Run -Off Election. In the event of a run-off election, MUNICIPALITY shall pay poll workers directly for their services (Exhibit "B"). ARTICLE 11— SELECTION OF POLLING PLACES SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location shall meet necessary Americans with Disabilities Act (ADA) requirements. In the event of a run- off election, MUNICIPALITY shall provide ADA compliant Polling Places. 2020 ELECTIONS AGREEMENT ARTICLE 12 — SAMPLE BALLOTS Page 5of12 12.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall determine, check and deliver sample ballot layout to third -party vendor for distribution to registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy of the election date, office, candidate name(s), polling locations, polling places and all other information contained therein. SOE shall coordinate the mailing of the sample ballots to all registered voters in the municipality prior to the election, including accurate polling place information (Exhibit "A"). 12.2 Run -Off Electi In the event of a run-off election, SOE shall not create or mail sample ballots. ARTICLE 13 — VOTE -BY -MAIL BALLOTS MUNICIPALITY shall refer all requests for Vote -By -Mail ballots to SOE. Unless MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary, SOE agrees to accept all requests for Vote -By -Mail ballots by telephone, mail, email or in person. SOE also agrees to mail Vote -By -Mail and overseas ballots as requested by registered voters, receive and securely store any voted Vote -By -Mail ballots, verify the signatures on any returned voted Vote -By -Mail ballot certificates, and account for all Vote -By -Mail ballots. SOE may begin processing Vote -By -Mail ballots prior to Election evening, pursuant to Florida Statute 101.68. In the event of a run-off election for which the SOE is not a member of the canvassing board, a member of the municipality canvassing board must be present for openings, duplications and tabulations. ARTICLE 14 — TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES 14.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE will be responsible for delivery and pick up of any vote processing equipment. Election equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to hire and employ any outside third parties to assist with or perform delivery and pick up of voting equipment (Exhibit "A"). 14.2 Run -Off Election. SOE will maintain responsibility for transportation of equipment and supplies as stated in 14.1. MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and pickup (Exhibit "B"). 14.3 MUNICIPALITY is not permitted to deliver any election equipment. 2020 ELECTIONS AGREEMENT Page 6 of 12 ARTICLE 15 — LOCATION AND STORAGE OF VOTING EQUIPMENT All voting equipment shall be stored, maintained and located in a well -protected, secure, temperature -controlled, indoor room or facility. Once the voting equipment is delivered to a voting site, no equipment shall be relocated without the prior written approval of SOE. ARTICLE 16 — CANVASSING OF ELECTION RESULTS 16.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election. SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted Vote -By -Mail ballots are to be tabulated. SOE shall provide for collection of results from each precinct. 16.2 Run -Off Election. In the event of a run-off election, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITY'S Canvassing Board is to assemble to canvass the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote -By -Mail ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each precinct (See Exhibit "B"). ARTICLE 17 — AUDITS MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including overtime expenses, for conducting the audit. ARTICLE 18 — POST-ELECTION RECORDS RETENTION SOE shall process affirmation forms and sort, inventory, and pack all election materials for pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary election records and ballots until expiration of retention period as prescribed by applicable Florida Statutes and Rules. ARTICLE 19 — VOTER HISTORY MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter history. The date selected for undertaking this activity may occur subsequent to the conclusion of all election dates and outside of the terms of this Agreement but both parties agree to work toward recording voter history in a timely manner. ARTICLE 20 — OTHER NECESSARY COSTS Any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of a municipal election, that are not specified in this Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE. Examples of such additional costs or reimbursements include, but are not limited to, the following: 2020 ELECTIONS AGREEMENT Page 7 of 12 A. Recounts. Any expenditure for conducting a recount, including any overtime expenses for reprogramming voting equipment, and other expenses as may be necessary to conduct a recount; and, B. Attorneys' Fees and Costs. Actual attorneys' fees and costs incurred by SOE for research or representation on any election -related matter shall be invoiced by SOE for reimbursement by MUNICIPALITY. ARTICLE 21— HOLD HARMLESS COVENANT Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, MUNICIPALITY shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of MUNICIPALITY'S negligence in connection with its performance under this Agreement and, at SOE's option, defend or pay for an attorney selected by SOE. SOE shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of SOE's negligence in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, and shall not be construed as consent by SOE or MUNICIPALITY to be sued by any third party. In no case shall such limits for 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 MUNICIPALITY and 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 attorney's fees and costs from the non -prevailing party. Notwithstanding the above, MUNICIPALITY shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorney's fees for such defense of MUNICIPALITY and SOE. 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 SOE. ARTICLE 22 — ENTIRETY AND AMENDMENTS The Agreement embodies this entire agreement between SOE and MUNICIPALITY and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective of binding unless submitted in writing and executed by the duly authorized representatives of both SOE and MUNICIPALITY. ARTICLE 23 — EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. 2020 ELECTIONS AGREEMENT Page 8 of 12 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this agreement on the dates set forth below. Signature UL/ Wendy Sartory Link Name (Printed or Typed) Palm Beach County Supervisor of Elections Title Date Witness Sign t--, - �A a Witness Name (Printed or Typed) 01.1 Signature r r 1 Prubre-vA--- Name (Pri d or Typed) 0 fn CA A Czy- Title Date Witness Name (Printed or Typed) EXHIBIT " A " Palm Beach County Supervisor of Elections Schedule of Municipal Election Fees Presidential Preference Primary and Municipal Elections Tuesday, March 17, 2020 Standard Operation and Programming Polling Place Operations Ballot Preparation and Printing Vote -By -Mail (VBM) Ballot Requests and Postage Post -Election Reporting and Audit Service Center Operations and Tabulation Total $500.00 VBM Services Other Than Required for PPP VBM Ballot Services $5.04/Ballot VBM Ballot Return Postage Fees TBD Unanticipated Costs TBD EXHIBIT " B " Palm Beach County Supervisor of Elections Schedule of Municipal Run -Off Election Fees Presidential Preference Primary and Municipal Elections Tuesday, March 31, 2020 General Municipal Run -Off Election Services Estimated Costs Vote -by -Mail Ballot Services $5.04/13allot Run -Off Election Day Services $3,550.46 Precinct Services $139.46 Delivery and Pickup of Equipment TBD Ballot Printing TBD Poll Worker Salaries TBD Translation and Recording of Audio Ballot TBD VBM Return Postage Fees TBD *Itemized invoices will be provided in the event of a run-off election.