R2022-91 Election Services AgreementRESOLUTION 2022-91
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 2023 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repealed to the extent of such conflict.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 27TH DAY OF OCTOBER, 2022.
VILLAGE CLERK
2023 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.
ARTICLE 2 – AGREEMENT
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 14, 2023, 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.
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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.
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, unless
MUNICIPALITY has already coordinated publication with SOE. 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.
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SOE shall, if available, provide samples of required advertising upon request. SOE may also
coordinate with MUNICIPALITY to translate and publish notices on behalf of MUNICIPALITY.
MUNICIPALITY is responsible for the cost of translation and publication of required 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 is the qualifying officer for all municipal candidates and is therefore responsible
for all associated duties including collecting petitions, collecting filing fees, and posting notices or
advertisements required by municipal charters/ordinances not already required by statute.
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.
SOE is responsible for verifying petition signatures once MUNICIPALITY has delivered them off
to SOE’s Main Office, certifying the total number of valid signatures, and returning the petitions
to the clerk, who will determine whether the total number of valid signatures is sufficient for the
candidate to qualify, and posting legal notices required by Florida Law.
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.
MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, and at
least ninety-five (95) days before Election Day, all ballot information in English, including the
name of the candidates as they are to appear on the ballot, the name of MUNICIPALITY, the name
of the election, the title of office or referendum title, explanation, and questions.
SOE reserves the right to not administer a municipal election if MUNICIPALITY does not provide
all ballot information by the 95-day deadline
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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) prior to finalizing.
MUNICIPALITY shall confirm the number of ballots needed. SOE shall place an order for
sufficient quantity of Election Day ballots with a third-party printer as selected exclusively by
SOE.
SOE will provide all necessary translations of ballots, in accordance with Section 203 of the Voting
Rights Act, as well as Creole translations for the ExpressVote machine. MUNICIPALITY shall be
responsible for all translation costs.
The SOE will be responsible for layout out and ordering test ballots. 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.
The SOE will be responsible for delivery of Early Voting and Election Day ballots to polling
locations, as well as Mailing Vote-By-Mail ballots to voters with valid requests on file.
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 must approve ballot content and layout prior to
printing.
MUNICIPALITY will be responsible for reimbursing SOE for any costs incurred.
ARTICLE 10 – POLL WORKERS
10.1 Selection and Training of Poll Workers. SOE will hire and 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.
10.4 Uniform Municipal Election in Conjunction with County-Wide Election. SOE shall pay poll
workers directly for their services. (Most likely to occur every four years during a March
Presidential Preference Primary but may apply in similar instances in which a county-wide election
occurs, upon which municipalities choose to “piggyback.”)
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ARTICLE 11 – SELECTION OF POLLING PLACES
MUNICIPALITY is ultimately responsible for securing its own ADA-compliant polling
location(s) for stand-alone municipal elections. If MUNICIPALITY is having an election in
conjunction with a county or state-wide election, SOE will secure all polling locations.
Upon request, SOE will provide MUNICIPALITY with the list of the polling locations that are
currently assigned to MUNICIPALITY’S precincts.
MUNICIPALITIES are encouraged to use the same polling locations for stand-alone municipal
elections as the SOE does for county-wide elections, to avoid voter confusion and unnecessary
expense. If a different location is used, SOE must be informed at least sixty (60) days in advance
of Election Day and a Department of Justice survey must be performed.
MUNICIPALITY will be responsible for all costs incurred with Polling Place changes, including
the mailing of Polling Place change notices to voters.
MUNICIPALITY is responsible for coordinating Monday (the day before Election Day) set-up
and 5:30 a.m. access on Election Day.
ARTICLE 12 - POLL WATCHERS
12.1 Standalone, Uniform, or Runoff Municipal Election. MUNICIPALITY is responsible for
collecting the Designation of Poll Watchers form and submitting it to SOE for processing. SOE
will make the required identification badges and provide them to MUNICIPALITY.
MUNICIPALITY will be responsible for all costs associated with the preparation of the badges.
MUNICIPALITY will create a master poll watcher list to be supplied to their poll workers on
Election Day.
12.2 Uniform Municipal Election in Conjunction with County-Wide Election. MUNICIPALITY
is responsible for collecting the Designation of Poll Watchers form and submitting it to SOE, for
those poll watchers specific to a municipal race or question. SOE will be responsible for collecting
Designation forms for county-wide or multi-municipality races or initiatives.
SOE will create a master poll watcher list to be supplied to their poll workers on Election Day.
MUNICIPALITY may be responsible for costs associated with the preparation of municipal race
or initiative petition poll watcher badges.
ARTICLE 13 – SAMPLE BALLOTS
13.1 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 and expense, SOE shall coordinate the mailing of the
sample ballots to all registered voters in the municipality prior to the election.
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13.2 Run-Off Election.
In the event of a run-off election, SOE shall not create or mail sample ballots.
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.
MUNICIPALITY shall coordinate with Voting Equipment Center manager (Hector Lugo) and
Polling Location(s) regarding delivery and security 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 Canvassing Board Duties. At least one member of the Canvassing Board must be present at
the Logic and Accuracy Testing, though all three must certify the accuracy of the testing.
A member of the Canvassing Board must be present at all times ballots are being processed; that
is, when ballots are being opened, duplicated, and tabulated. A majority of the Canvassing Board
must be present during any Canvassing procedure which requires a vote.
The Canvassing Board must be present at the Voting Equipment Center until all ballots have been
collected and canvassed on Election Night.
A majority of the Canvassing Board must certify the results of the election, though three signatures
is preferable. The Supervisor and SOE staff will ascertain the results and provide them to the
Canvassing Board for certification.
At least three members must be present for a recount if one is necessary.
A majority of the Canvassing Board must be present at all times during the post- election Audit.
The SOE staff will complete the Audit process.
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16.2 County Canvassing Board. If MUNICIPALITY is using the County Canvassing Board (as
defined by Section 101.141, Florida Statutes), SOE shall schedule and coordinate the date(s) on
which the Canvassing Board is to assemble to canvass the election. SOE shall notice and advertise,
as needed, the dates of any canvassing board meetings.
MUNICIPALITY must utilize the County Canvassing Board in the event of a county-wide
election or an election which encompasses more than one municipality (i.e., Congressional
elections, etc.).
16.3 Municipal Canvassing Board. If MUNICIPALITY is using its own, separate Canvassing
Board, MUNICIPALITY shall coordinate with SOE and schedule the date(s) on which
MUNICIPALITY’S Canvassing Board is to assemble to canvass the results of the election.
Supervisor of Elections will not be a member of the MUNICIPALITY’S Canvassing Board. The
Supervisor of Elections may be a substitute member. 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.
ARTICLE 17 – AUDITS
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. The MUNICIPALITY is responsible for maintaining candidate qualifying documents
and certified results in accordance with Florida Law.
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,
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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
To the extent permitted by law, 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, including but not
limited to, administrative challenges, civil suits or other legal challenges or appeals that may arise
from the contest of election results or the validation of any candidate qualifications, arising out of
or resulting from the negligence of the MUNICIPALITY, or its employees acting within the course
and scope of their employment in the performance of this Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
waiver or 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 MUNICIPALITY or the
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.
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.
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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.
SUPERVISOR OF ELECTIONS:
Signature
Wendy Sartory Link
Name (Printed or Typed)
Palm Beach County Supervisor of Elections
Title
Date
MUNICIPALITY:
Signature
Deborah Searcy
Name (Printed or Typed)
Mayor
Title
Date
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10/29/202211/17/2022