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R25-019 RESOLUTION NO. R25-019 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE 2025 MUNICIPAL ELECTION(S) 5 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES 6 AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY 7 SUPERVISOR OF ELECTIONS OFFICE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, pursuant to section 101.34, Florida Statutes,the Palm Beach County Supervisor 10 of Elections Office ("SOE") is the legal custodian of certified vote processing equipment owned by 11 Palm Beach County, Florida, and is hereby charged with the responsibility for custody and 12 maintenance of said equipment; and 13 WHEREAS, the City desires, or is otherwise statutorily obligated, to conduct an election 14 that requires the use of vote processing equipment to count ballots; and 15 WHEREAS, all vote processing equipment requires specially trained and knowledgeable 16 individuals to program, operate, and maintain said equipment; and 17 WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE 18 to provide any necessary terms and conditions for the use of such voting equipment; and 19 WHEREAS, SOE can provide the necessary personnel to program, operate, and maintain 20 said equipment; and 21 WHEREAS, the City hereby acknowledges it may be responsible for other applicable 22 requirements under the Florida Election Code and any provision of the City's Charter or municipal 23 ordinances which may not be addressed or included in this Agreement; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the city's citizens and residents to approve the 2025 Municipal Election(s) Vote 26 Processing Equipment Use and Elections Services Agreement between the City and Palm Beach 27 County Supervisor of Elections Office. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve a 2025 Municipal Election(s) Vote Processing Equipment Use and Elections Services 35 Agreement between the City and Palm Beach County Supervisor of Elections Office (the 36 "Agreement"), in form and substance similar to that attached as Exhibit A. 37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 39 ancillary documents required under the Agreement or necessary to accomplish the purposes of 40 the Agreement and this Resolution. 41 SECTION 4. The Mayor-executed Agreement shall be forwarded to Maylee De Jesus to 42 obtain execution of the Agreement by the Supervisor of Elections. Maylee De Jesus shall be 43 responsible for ensuring that one fully executed Agreement is returned to the City for retention 44 as a public record. 45 SECTION 5. This Resolution shall take effect in accordance with law. 46 47 48 49 50 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 PASSED AND ADOPTED this 2 /51'" day of j Onus 2025. D 54 CITY OF BOYNTON BEACH, FLORIDA 55 YE� NO 56 Mayor—Ty Penserga 57 ./- 58 58 Vice Mayor—Aimee Kelley 59 l - 60 Commissioner—Angela Cruz 61 I . 62 Commissioner—Woodrow L. Hay 63 64 Commissioner—Thomas Turkin 65 66 VOTE 5-0 67 ATT T: 68 �,�� 69 r-- f / 12. ) tr 70 Maylee e ail- MPA, MM Ty 'e -A-a 71 City Cle May. 72 :=y0 NTp ,N %O<< :'FiPOR• N<9 % 73 ; .•%,P ATF•.F-9 I APPROVED AS TO FORM: 74 (Corporate Seal) f SEAL ..•' 75 i ; INCORPORATED; 76 % 1920 ;' • j. .047‘ 77 it� Shawna G. Lamb %% 78 FLORIOP ... City Attorney 7TTE 4a-..ra.,r 2025 MUNICIPAL ELECTION(S) 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 Be ch County Supervisor of Elections Office (hereinafter referred to as "SOE")and et }i EV &AN"! , 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 it may be responsible for other applicable requirements under the Florida Election Code and any provision of MUNICIPALITY'S 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 the Uniform Municipal Election ("UME") to be held on March 11, 2025, along with the necessary vote processing equipment and election services to facilitate polling locations and polling places as may be necessary and agreed upon by the parties. Except for the UME and run-off elections resulting from the UME which are required by MUNICIPALITY charter or ordinance, no other municipal elections will be conducted by SOE except by separate written signed agreement of the parties hereto. Except as may be modified by the parties in said separate written agreement, the 2025 ELECTIONS AGREEMENT Page 2 of 13 terms of this Agreement shall apply to all other municipal elections conducted by SOE during the term hereof. ARTICLE 3—OPERATION AND PROGRAMING SERVICES 3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election operations, as provided in the attached Exhibits "A" or"B." 32 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(see Exhibits "A"and"B"). 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 damage 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 in accordance with Exhibits "A" and "B." 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 Municipal Fee Schedule(s)attached hereto as Exhibits "A"and "B". Where MUNICIPALITY holds elections concurrent with other municipal elections conducted by SOE, the Fee Schedule in Exhibit"A"controls. For all other elections for MUNICIPALITY that are not conducted as part of the UME on March 11, 2025, the Run-Off Election and Stand-Alone Election Fee Schedules set forth in Exhibit "B" control. 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 that meets the requirements of law. ARTICLE 5—TERM For each election, the terms of this Agreement begin upon execution of this Agreement by both the SOE and MUNICIPALITY and shall terminate on December 31, 2025, or when all ballots for any election have been processed, all 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, whichever is later. 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 MUNICIPALITY's elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances; provided, however, such statute, charter, or ordinance may specifically impose or delegate certain duties to the SOE; for provisions in a Municipal charter of ordinance, the SOE must consent to the duties set forth in the charter or ordinance in order to be bound by it. Any obligations or duties not set forth in this Agreement or otherwise provided for by law shall be the sole responsibility of MUNICIPALITY. O 0 0 2025 ELECTIONS AGREEMENT Page 3 of 13 ARTICLE 7—NOTICE AND ADVERTISEMENT OF ELECTIONS 7_1 Uniform Municipal Election. SOE shall prepare and arrange for publication of all legal advertising required by state and federal statutes in both English and Spanish and SOE shall be responsible for obtaining the accurate and complete translation of any such advertising. If additional advertisements are required by the MUNICIPALITY'S charter, ordinance(s) or resolution(s), MUNICIPALITY shall be responsible for preparing and arranging for publication of all such legal advertising which is not already satisfied under state and federal statutes. MUNICIPALITY shall be responsible for the accurate and complete translation of any such advertisements. 7.2 Non-UME/Run-Off Election/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections non conducted as part of the UME, 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 the qualifying process, the SOE shall be responsible for verifying that all names appearing on such petitions belong to qualified electors of MUNICIPALITY. The SOE agrees to verify any and all signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such petitions are received. MUNICIPALITY shall pay SOE Ten Cents($0.10)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 that such petitions are received. Except as set forth in the following paragraph, SOE shall complete signature verification of petitions within 30 days of receipt of the petitions from MUNICIPALITY. When MUNICIPALITY provides SOE with candidate petitions before the signature verification cutoff deadline (before noon of the 28th day preceding the first day of qualifying), SOE will verify the signed petitions no later than the 7th day before the first day of qualifying. (See Section 99.095(3), Florida Statutes.) If the candidate reaches the required number of signatures, SOE will continue to verify timely submitted signed petitions until the candidate indicates in writing to stop verification. 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 reimburse SOE for payment to printer if 2025 ELECTIONS AGREEMENT Page 4 of 13 the MUNICIPALITY's races cause the ballot to add an additional page, in which case MUNICIPALITY shall be responsible for the costs of the additional page. 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 Election(s), including any additional pages required for MUNICIPLITY'S races or questions. MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all ballot information in English. SOE agrees to provide, at MUNICIPALITY's cost and expense, translation of MUNICIPALITY's ballot language from English to Spanish, 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, in accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote machine. 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 approve the ballot proof(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 Non-UME/Run-OffElection/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections not conducted during the UME, MUNICIPALITY will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be responsible for the cost of providing any translations and must again approve ballot content and layout prior to printing. MUNICIPALITY will also be responsible for reimbursing SOE for any and all costs incurred in accordance with the fee schedule shown in Exhibit"B,"and all other costs of the election incurred by SOE. 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 the 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. SOE shall pay poll workers directly for their services. Non-UME/Run-Off Election/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections non conducted during the UME, MUNICIPALITY shall promptly pay poll workers directly for their services in the same amounts/at the same hourly rates that SOE pays poll workers which, as of the Effective Date hereof, is set forth in Exhibit"B."If SOE changes the rates of pay/hourly rates SOE is paying poll workers, MUNICIPALITY agrees to pay the current rates of pay/hourly rates being paid by SOE at that time. p 0 2025 ELECTIONS AGREEMENT Page 5 of 13 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 and all stand-alone municipal elections not conducted during the UME, MUNICIPALITY shall provide ADA compliant Polling Places. If the polling place is different than what is shown on the voters' most recent voter information card, MUNICIPALITY shall pay the cost for the SOE to mail in a new voter information card with the new location on it. If the location is temporary for the municipal election, MUNICIPALITY shall also pay the costs for the follow-up mailing of the voter information card to designate the previous location as the again- current polling location. ARTICLE 12—SAMPLE BALLOTS 12.1 Uniform Municipal Election. SOE shall prepare, proof 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) (including the order of appearance on the ballot), 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. 12.2 Non-UMERun-Off Election/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections not conducted as during the UME, SOE shall not create or mail sample ballots. If MUNICIPALITY wishes to create a sample ballot, MUNICIPALITY must create the sample ballot and if desired by MUNICIPALITY,provide copies to SOE and SOE will post it on SOE's website. ARTICLE 13—VOTE-BY-MAIL BALLOTS MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless 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, facilitate voter signature cures, accommodate public inspection of Vote-By-Mail ballot mailing envelopes and voter certificates, and account for all Vote-By-Mail ballots. SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Section 101.68, Florida Statutes. In the event of a run-off election and for all stand-alone municipal elections not conducted during the UME, if MUNICIPALITY does not use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the date on which the MUNICIPALITIY's Canvassing Board is to assemble to canvass the Vote-By- Mail ballots. 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"). MUNICIPALITY must also ensure they have a Canvassing Board member present for opening, duplication, 2025 ELECTIONS AGREEMENT Page 6 of 13 tabulation and all other activities requiring Canvassing Board presence by law, at the time specified by SOE. ARTICLE 14—TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES 14.1 Uniform Municipal Election. SOE will be responsible for delivery and pick-up of 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 Non-UME/Run-Off Election/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections not conducted during the UME, 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 in accordance with the fee schedule set forth in Exhibit"B". 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. 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. If a municipality does not use the County Canvassing Board, it shall direct its Canvassing Board Members to convene on such date and time and notice and advertise as necessary. SOE or MUNICIPALITY (as applicable)shall convene the Canvassing Board to determine voter intent and which voted Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each precinct. 16.2 Non-UME/Run-Off Election/Stand-Alone Municipal Election(s). In the event of a run-off election and for all stand-alone municipal elections not conducted during the UME, if MUNICIPALITY doesn't use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITIY'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 voter intent and which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each precinct (See Exhibit "B"). MUNICIPALITY must also ensure they have a Canvassing Board member present for opening, duplication, tabulation and all other activities requiring Canvassing Board presence by law. 0 • • 0 2025 ELECTIONS AGREEMENT Page 7 of 13 ARTICLE 17—AUDITS MUNICIPALITY agrees to pay SOE for the costs of the Audit 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 SOE will record voter history for all electors voting in the municipal election(s) in a timely manner. ARTICLE 20—OTHER NECESSARY COSTS As provided in Article 4, any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of MUNICIPALITY's election(s), 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 by the SOE 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 matter that are incurred as a direct result of MUNICIPALITY's participation in the UME or any subsequent municipal election, shall be invoiced by SOE for reimbursement by MUNICIPALITY. ARTICLE 21 — HOLD HARMLESS COVENANT The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Furthermore, nothing herein shall be construed as a waiver by either party of sovereign immunity pursuant to Section 768.28, Florida Statutes. 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 the SOE against any actions, claims or damages arising out of MUNICIPALITY's negligence, willful or intentional acts or omissions in connection with its performance under this Agreement; and SOE shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of the negligence, willful or intentional acts or omissions of the SOE in connection with its performance under this Agreement. Nothing herein shall be construed as consent by either the SOE or MUNICIPALITY to be sued by third parties in any matter arising from 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 MUNICIPALITY'S election results or the validation of any of MUNICIPALITY'S candidate qualifications. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the waiver or limits set forth at Section 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 0 . ."1 1 i 6. tJY,• 0., •i,. t.�i i i .-,i•.i4 0 e v , 1-dl•,y„.,i _ 0 2025 ELECTIONS AGREEMENT Page 8 of 13 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. ARTICLE 24 —NOTICES NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by 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 or different location. For the SOE: For the MUNICIPALITY: Supervisor of Elections k_ a sa mu 4301 Cherry Road ejl • h_ , West Palm Beach, Florida 33409 •.�. Al .n F S Attention: Wendy Sartory Link ttention: ad • _ , . , ARTICLE 25 -- NONWAIVER A waiver by either party of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this Agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 26—SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 0 ?i;l ta.:;,ry�'c 3'.7!.;1 i'J`u ht J:n,t dpi- 0 Jb/.t.._.5.0:1") 0 2025 ELECTIONS AGREEMENT Page 9 of 13 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 the purposes of executing this Agreement on the dates set forth below. r .). ,1f^ iii i(--AAL - / Signature Si_ a • Wendy Sartory Link y Pe-t sergc. Name(Printed or Typed) Name(Printed or Typed) Palm Beach County Supervisor of Elections ► ,T:tr- Title Title 130 koa5 iontin.,,,, a aOPC Date Dat .n fneig/i) Vss tur Witness .i=, • re Mann /in qa . e42._ \ `mss Witness Name(Printed or Typed) Witnes. ame(Printed or Typed) CITY ATT NEY'S OFFICE Approve as t a legality 0 0 0 2025 ELECTIONS AGREEMENT Page 10 of 13 EXHIBIT 66A,, 0 0 0 2025 ELECTIONS AGREEMENT Page 11 of 13 Palm Beach County Supervisor of Elections Schedule of Municipal Election Fees Uniform Municipal Elections 2025 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 (small municipality< 2k registered voters $750.00 = $600) VBM Services Other Than Required for PPP VBM Ballot Services— Per Ballot Processed $6.50/Ballot VBM Return Mail Postage Costs — Actual Cost .53 Unanticipated Costs TBD 0 0 a O 2025 ELECTIONS AGREEMENT Page 12 of 13 EXHIBIT 44B , , 0 0 0 2025 ELECTIONS AGREEMENT Page 13 of 13 Palm Beach County Supervisor of Elections Schedule of Non-UME/Municipal Run-Off/Stand-Alone Election Fees 2025 General Municipal Non-UME/Run-Off/Stand-Alone Estimated Costs Election Services Vote-by-Mail Ballot Services Outgoing $6.50/Ballot Vote-by-Mail Ballot Returned $.53/ballot Run-Off/Stand-Alone Election Day Services $12,143.35 Precinct Services (per precinct) $275.97 Accounting/Billing $141.36 Polling Location Inspection (if applicable) $ 66.53 POLL WORKER PAY Election Day lump sum*: Clerk: $440.00 Assistant Clerk: $340.00 VST: $355.00 Inspector: $255.00 Deputy: $225.00 Standby Poll Worker(deployed by SOE): Paid at rate for the position for which they are trained. *Rate of pay is a lump sum that includes training and election day.The Clerk, Assistant Clerk,and VST pay rate also includes Monday set-up. If applicable: a Clerk may be required to assist with precinct register pick-up from SOE and delivery to the polling location. This extra duty would increase his/her pay by$25.00, making his/her pay rate$465.00. *If Applicable:An Inspector or Deputy may be required to assist in the ride along duties at the end of the night to fulfill party diversity requirements.This extra duty TBD would increase his/her pay by$25.00,making his/her pay rate as follows: Inspector$280.00 Deputy$250.00 Any additional items requested by the municipality will be invoiced separately On call support ($2500 range) Invoiced by Vendor TBD *Itemized invoices will be provided in the event of a run-off election.