R2020-83 Elections Services AgreementRESOLUTION 2020-83
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 2021 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repealed to the extent of such conflict.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
PASSED AND ADOPTED THIS 10TH DAY OF
(Village Seal)
ATTEST: �
VIL AGE CLERK �
yP ALSF� iy
�Q Wendy Sartory Link
° PA` Palm Beach County Supervisor of Elections
2021 MUNICIPAL ELECTION
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, 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 1 — RECITALS
The above recitals are true and correct and incorporated herein.
2021 ELECTIONS AGREEMENT
ARTICLE 2 — AGREEMENT
Page 2 of 8
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 Municipal Election to be held on March 9, 2021, and a Run -Off Election, if
necessary, 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.
3.2 Vote -By -Mail Ballots.
MUNICIPALITY shall pay SOE for vote -by -mail operations and materials.
3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote
processing equipment, including any tabulators, check-in devices, and other voting equipment,
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.
4.2 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.
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.
2021 ELECTIONS AGREEMENT Page 3 of 8
ARTICLE 7 — NOTICE AND ADVERTISEMENT OF ELECTIONS
7.1 Uniform Municipal 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.
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.
SOE shall place an order for sufficient quantity of Election Day ballots with a third -party printer
as selected exclusively by SOE.
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.
2021 ELECTIONS AGREEMENT
Page 4 of S
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.
ARTICLE 10 — POLL WORKERS
10.1 Selection and Training of Poll Workers. MUNICIPALITY is responsible for securing
sufficient poll workers to appropriately staff each polling location. SOE will provide information
regarding poll worker eligibility. 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. MUNICIPALITY 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.
ARTICLE 11 — SELECTION OF POLLING PLACES
MUNICIPALITY shall provide ADA compliant Polling Places.
ARTICLE 12 — SAMPLE BALLOTS
12.1 Uniform Municipal Election.
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. At MUNICIPALITY'S option, SOE shall coordinate the mailing of the sample ballots to
all registered voters in the municipality prior to the election.
12.2 Run -Off Election.
In the event of a run-off election, SOE shall not create or mail sample ballots.
ARTICLE 13 — VOTE -BY -MAIL BALLOTS
SOE agrees to perform vote -by -mail services. MUNICIPALITY agrees to pay for all costs
associated with mailing, collecting, and processing vote -by -mail ballots on behalf of
MUNICIPALITY.
2021 ELECTIONS AGREEMENT
Page 5 of 8
ARTICLE 14 — TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES
14.1 Uniform Municipal 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.
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.
14.3 MUNICIPALITY is not permitted to deliver any election equipment.
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. MUNICIPALITY shall schedule and coordinate the date on
which MUNICIPALITY'S Canvassing Board is to assemble to canvass the results of the
election. MUNICIPALITY shall determine if the Supervisor of Elections will be a member of
the MUNICIPALITY'S Canvassing Board and if so, shall coordinate such with SOE, according
to availability of SOE. 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 ballots are to
be tabulated. MUNICIPALITY 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 ballots are to
be tabulated. MUNICIPALITY shall provide for collection of results from each precinct.
2021 ELECTIONS AGREEMENT
ARTICLE 17 — AUDITS
Page 6 of 8
MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including
overtime expenses, for conducting an audit, if necessary.
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 and
maintaining voter history. MUNICIPALITY is responsible for determining whether voters are
eligible electors, pursuant to municipal charters and ordinances.
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:
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
MUNICIPALITY shall at all times hereafter indemnify, hold harmless and, at SOE's option,
defend or pay for an attorney selected by SOE to defend SOE, its officers, agents and employees
against any and all claims, damages, injuries, losses, liabilities and expenditures of any kind,
including attorneys' fees, court costs and expenses arising out of or resulting from any or all acts
of omission or commission of or by the MUNICIPALITY, its officers, agents or employees with
respect to any election conducted pursuant to this Agreement. MUNICIPALITY also agrees to
indemnify SOE against any administrative challenges, civil suits or other legal challenges or
appeals that may arise, including all attorneys' fees and costs, from the contest of election results
or the validation of any candidate qualifications.
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 SOE or
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. Furthermore, nothing herein shall be construed as consent by SOE, as a state agency
or subdivision of the State of Florida, to be sued by third -parties in any matter arising out of any
contract.
2021 ELECTIONS AGREEMENT
Page 7 of 8
These provisions shall not be construed to constitute agreement by either party to indemnify the
other for such others' negligent, willful or intentional acts or omissions.
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.
IN WITNESS WHEREOF, we, the undersigned, do hereby state
bind and obligate as promised herein, SOE and MUNICIPALTV,
agreement on the dates set forth below.
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