R10-016
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I RESOLUTION NO. RI0-016
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT
5 BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM
6 BEACH COUNTY SUPERVISOR OF ELECTIONS TO PROVIDE FOR
7 A MUNICIPAL ELECTION AND TO ALLOCATE CERTAIN
8 RESPONSIBILITIES BETWEEN THE PARTIES; AUTHORIZING THE
9 MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT;
10 APPOINTING THE PALM BEACH COUNTY SUPERVISOR OF
I] ELECTIONS TO HANDLE AND CANVAS ALL CITY ABSENTEE
]2 BALLOTS FOR THE MARCH 9,2010, GENERAL ELECTION, AND IF
13 IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL
14 BE HELD ON MARCH 23,2010, TO REPRESENT THE MUNICIPAL
15 CANVASSING BOARD AT ALL LOGIC AND ACCURACY TESTS,
16 AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY
17 CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF
18 ELECTIONS OF HIS APPOINTMENT; AND PROVIDING AN
19 EFFECTIVE DATE.
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22 WHEREAS, the City of Boynton Beach has designated Tuesday, March 9, 2010, as the
23 date for the next General Election, and if it becomes necessary, a run-off election which will be
24 held on March 23, 2010; and
25 WHEREAS, the City and the Supervisor of Elections desire to work together to provide
26 for municipal elections and to allocate certain responsibilities and expenses between the two
27 parties to ensure that the provisions of the Code are followed during municipal elections; and
28 WHEREAS, the Supervisor of Elections and the City wish to enter into lhis Agreement
29 to set out the terms of this coordinated program; and
30 WHEREAS, the City Commission of the City of Boynton Beach desires to appoint the
31 Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots,
32 certity election results, and represent the municipal canvassing board at all logic and accuracy
33 tests to be held prior to the March 9,2010, General Election and ifit becomes necessary, a run-
34 off election which will be held on March 23, 2010.
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] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 ; THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
4 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
5 Section 2. The City Commission of the City of Boynton Beach hereby approves the
6 Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of
7 Elections and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of
8 which is attached hereto as Exhibit "A"
9 Section 3. The City Commission of the City of Boynton Beach, Florida does hereby
10 appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee
II ballots for the March 9, 20] 0, General Election, and if becomes necessary a run-off election
12 which will be held on March 23, 2010, represent the municipal canvassing board at all logic
13 and accuracy tests, and certify election results.
14 Section 4. The City Commission hereby authorizes the City Clerk to notify the
15 Palm Beach County Supervisor of Elections of her appointment to handle and canvas all city
16 absentee ballots and represent the municipal canvassing board at all logic and accuracy tests to
17 be held prior to the election.
18 Section 5. That this Resolution shall become effective immediately upon passage.
E. \Data\ 78\Items\73\99 3\505\Reso _ - _Supervisor _ oC Elections _ 20 I O.doc
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] PASSED AND ADOPTED thisL day of February, 2010.
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18 ATTEST:
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AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT, is made and entered into this :J..ftcray of FebV"V.Q~ 2010, effective
January I, 20 I 0, by and between the Palm Beach County Supervisor of Elections, an elected county
officer pursuant to Article VIII, Sec.l(d) of the Florida Constitution, hereinafter referred to as the "SOE",
and the City of Boynton Beach, a municipal corporation, chartered and organized in accordance with the
laws of the State of Florida, hereinafter referred to as the "Municipality".
WITNESSETH:
WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the
"Code") which applies to municipalities where expressly so stated; and
WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters
97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act,
charter, or ordinance provision"; and
WHEREAS, the Municipality and the SOE desire to work together to provide for municipal
elections and to allocate certain responsibilities and expenses between the two parties to ensure that the
provisions of the Code are followed during municipal elections; and
WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms
of this coordinated program.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality,
its constituents and the SOE, it is agreed as follows:
1 PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will
be provided by the SOE and staff to the Municipality for municipal elections and to set forth the
responsibilities of both pal1ies so that there is a clear understanding of the rights and
responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off,
Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise
stated hereinbelow.
2. DATE OF GENERAL MUNICIPAL ELECTION:
The date of the City of Boynton Beach's General Municipal election is March 9, 2010. U IS
hereby acknowledged and agreed that if the date listed is the same as most other municipalities
in March or November, there will be a cost sharing among municipalities for costs incurred by the .:l O~
SOE. Such costs shall be allocated on a pro-rata share basis; otherwise, ~~m\ltWebg \ 93
acknowledged and agreed upon by the municipality that it is responsible for al s :; of the. ^l\~
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election, incurred by the office of the SOE.
3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY:
The SOE hereby agrees not to charge Municipality for taxpayer purchased equipment and
supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees
related to such equipment in return for which the Municipality hereby agrees not to charge the
SOE for polling places within its dominion and control. Examples of municipal elections charges
related to certain services performed by the SOE to be passed through to the Municipality on a
shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2nd
Tuesday in March or November) are attached hereto as Exhibit A; Examples of total costs to
small, medium and large municipalities are attached hereto as Exhibit B.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR
MUNICIP AL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call and advertise the election according to statutes and charter at its
own expense.
(b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections
conduct the municipality's election and act as a member of the Municipality's
Canvassing Board.
(2) SOE
(a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post
Election Audit and news releases on book closing.
B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates and accept and process all qualifying papers
and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying
and submit to SOE.
(c) Respond to all candidate inquiries and questions.
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
(2) SOE
(a) Verify signatures on any qualifying petitions submitted by candidates and notify the
Municipality of such results upon the close of the candidate qualifying deadline.
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C. Ballots
(1) Municipality
(a) Review, amend (if necessary) and approve ballot proof prepared by SOE.
(b) Place an order with the SOE for a sufficient quantity of ballots as applicable.
*(c) Pay ballot design costs to the SOE as incurred.
(d) Pay the ballot printer directly for the cost of said ballots.
*( e) Reimburse the SOE for costs incurred for translation and audio recording of ballot.
*(1) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot.
(2) SOE
(a) Layout, check, proof and delivery ballot layout to the printer.
(b) Receive, securely store and account for all ballots until disbursed to polling places.
(c) Contract to have audio recorded for Touch Screen ballot.
(d) Control all access to un voted ballots while in the possession of the SOE.
D. Equipment Testing
(1) Municipality
(a) Provide that a representative will be present during the Logic and Accuracy
testing as noticed by SOE.
(2) SOE
(a) Develop a unique test script and manually mark ballots to be used in public Logic &
Accuracy test.
(b) Conduct public Logic & Accuracy test.
E. Early Voting - Optional
(1) Municipality
*(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours
for Early Voting.
*(b) Pay SOE for Early Voting supplies.
(c) Contract with, schedule and pay poll workers directly.
(d) Deliver voted ballots to SOE daily at a location designated by SOE.
(e) Designate Early Voting sites thirty (30) days prior to each Election and notify SOE
in writing of locations.
(2) SOE
(a) Prepare and provide all supplies needed for each Early Voting site.
(b) Provide the Municipality with a list of poll workers.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at a location designated by SOE.
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F. Absentee Voting
(I) Municipality
*(a) Reimburse SOE for all postage costs incurred at the current postal rate.
*(b) Pay SOE for materials and handling of each absentee ballot.
*( c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot
certificates.
(d) Refer all requests for absentee ballots to SOE.
(2) SOE
(a) Determine eligibility and compile Absentee Ballot file.
(b) Accept all requests for Absentee Ballots by telephone, mail or in person.
(c) Prepare and mail Absentee Ballots.
(d) Deliver Absentee Ballots to the Post Office.
(e) Receive voted Absentee Ballots.
(1) Verify signatures on returned voted Absentee Ballot certificates.
(g) Prepare and open Absentee Ballots for tabulation.
(h) Account for all Absentee Ballots.
(i) Notify Absentee Ballot voter and provisional voters of the disposition of the
Canvassing Board as required by law.
U) Record Absentee Ballot returns to voter history.
(k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating
equipment.
(I) Provide qualified staff to operate tabulation equipment to count Absentee Ballots.
G. Polling Places
(l) Municipality
(a) Arrange for the use of an adequate number of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify SOE in writing thirty (30) days prior to election ofthe need for tables and
chairs if necessary.
(d) Notify SOE of polling locations to be used.
(e) Notify the SOE not less than 30 days prior to the election that a polling place will be
moved to another site.
(1) Notify voters, as required by law, if their regular polling place is to be temporarily
relocated.
(2) SOE
(a) Provide the Municipality with a list of polling places and SOE contract.
(b) Provide tables and chairs upon written notice from the Municipality when required.
(c) Provide polling place supplies, i.e. signs, cones, etc.
(d) NotifY voters and the Municipality of permanent polling place change.
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H. Precinct Supplies
(1) Municipality
*(a) Pay SOE for precinct supplies provided.
*(b) Provide a secure place for precinct clerks to return supplies and voted ballots on
election night.
*( c) Pay SOE for the production of Precinct Registers.
*(d) Pay directly to the SOE's contracted moving company to have voting equipment
delivered and picked up from polling place no later than the day before the election and
returned after the election.
(2) SOE
(a) Provide Precinct Registers for each polling place location.
(b) Provide Master CD compilation of registered voters for precinct advisors.
(c) Provide certification of registered voters after book closing.
(d) Prepare equipment, cabinets and routing of voting equipment delivery.
(e) Provide laptop computer at each polling place.
(1) Provide CD of voter file database for each polling place.
(g) Provide poll worker Clerks with cell phones.
(h) Provide Provisional Ballot envelopes and affidavit forms for each polling place.
(i) Provide secrecy sleeves in a number and amount appropriate for each polling place.
I. Poll Workers
(l) Municipality
(a) Contact, contract with and pay poll workers directly.
(b) Schedule and notify poll workers of training classes.
*( c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to
training locations.
*(d) Reimburse SOE for expenses incurred in printing training material.
*(e) Reimburse SOE for expenses incurred for trainers to train poll workers.
*(1) Reimburse SOE for expenses incurred for contracted training locations.
(2) SOE
(a) Provide the Municipality with a list of current poll workers.
(b) Develop poll worker training schedule.
(c) Plan and contract for training classes and locations.
(d) Contract with and pay trainers to train poll workers.
(e) Provide printed training materials for poll workers.
J. Election Day Support
(l) Municipality
(a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and
open for voting promptly at 7:00 a.m. on Election Day.
(b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are
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in line to vote at 7:00 p.m. have completed voting
*(c) Reimburse SOE for all phone bank costs.
(2) SOE
(a) Assist in finding poll worker replacements if needed.
(b) Provide technical support personnel as needed.
(c) Provide phone bank support to respond to poll workers and voters on Election Day.
K. Ballot Tabulation/Counting of Election Results
(1) Municipality
(a) Deliver all voted ballots and other necessary election related items to a place
designated by the SOE after the polling places have closed on Election Day.
(b) Deliver all voting machine cartridges to a place designated by the SOE after the
polling places have closed on Election Day.
*( c) Reimburse the SOE for any staff overtime and other expenses in relation to the
tabulation and processing of ballots on Election Day.
(d) Act as member of Canvassing Board.
(2) SOE
(a) Provide technical staff and required equipment to administer tabulation and election
results.
(b) Assist and act as a member of the Municipality's Canvassing Board (optional).
(c) Post election results on SOE WEB site and provide the same to Channel 20.
(d) Provide the Municipal Clerk with unofficial election results upon conclusion of
tabulation and canvassing of ballots cast on Election Day.
L. Post Election Day
(1) Municipality
(2) SOE
(a) Provide the Municipal Clerk with an official certification of election results.
(b) Store all necessary election records and ballots until the expiration of retention
period prescribed by statutes.
(c) Process polling place affirmation forms.
(d) Sort, inventory, pack and store all election materials for retention and disposition.
(e) Notify voters of the disposition of their Absentee or Provisional Ballots after the
determination by the Canvassing Board, as required by law.
(1) Respond to public records requests regarding records kept on behalf of the
Municipality .
(g) Record voting history for each voter who voted on Election Day.
M. Audit
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible for the administration of the
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audit.
*(b) Reimburse SOE for any staff overtime or other related expenses as may result from
conducting the manual audit.
(2) SOE
(a) Organize precinct information to allow the Municipal Clerk to randomly select the
race and precinct(2) that shall be audited.
(b) Organize and prepare ballots for manual audit.
(c) Provide SOE staff to conduct manual audit.
(d) Ascertain and publically post manual audit result to SOE WEB site.
N. Recount
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible for the administration of the
Recount, with support and guidance from the SOE.
(b) Act as a member of the Canvassing Board.
(c) Notify the candidates of the time and date of the Recount.
(d) Post public notice(s) of the Recount with the time and location.
(e) Cause to have the Recount recorded and minutes kept and approved by the
Canvassing Board.
(1) Review with the Canvassing Board and the counting teams the statutes and rules of
the Division of Elections, specifically Rule I S-2.031. Recount Procedures; and Rule 1 S-
2.027. Standards for Determining Voter's Choice on a Ballot.
*(g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses
required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the tine and location.
(b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues.
(c) Provide counting teams for examining out stacked ballots.
(d) Prepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professional staff for equipment operations.
(1) Provide official certification as determined by the Canvassing Board.
* all items to be paid or reimbursed to the SOE will be paid by the Municipality within
thirty (30) days of receipt of an invoice from the SOE with documentation verifying the
charges.
5. INDEMNITY:
Each party to this agreement shall be liable for its own actions and negligence. To the extent
permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any
actions, claims or damages arising out of the Municipality's negligence in connection with its
performance under this Agreement; and the SOE shall indemnify, defend and hold hamlless the
Municipality against any actions, claims or damages arising out of the negligence of the office of
the SOE In connection with its performance under this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at
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Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond
$100,000 for anyone person or beyond $200,000 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. Notwithstanding the above, the Municipality
shall defend legal challenges relating to its municipal election and shall be fully responsible for all
legal costs for such defense of the Municipality and the SOE. The Municipality shall be
responsible for damages, if any, assessed by virtue of such a lawsuit, up to the monetary limits
provided for hereinabove without recourse to the SOE.
6. TERM:
This Agreement shall begin on the effective date January 1,2010 and continue for a term of one
year in order to cover Special Elections, if any. It shall be automatically renewed in accordance
with the same terms and conditions as set forth herein upon the adoption of a Resolution by the
Municipality requesting the SOE to conduct the municipality's election for the applicable year or
may be modified by mutual agreement of the parties.
7. CHANGE IN LAW:
In the event any change in law abrogates or modifies any provisions or applications of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement.
8. NOTICES:
All formal notices affecting the provisions of this Agreement may be delivered in person or be
sent by facsimile, registered mail, or by a recognized overnight courier such as Fed Ex, to the
individual designated below, until such time as either party furnishes the other party written
instructions to contact another individual.
For the SOE: For the Munici ali
Supervisor of Elections City of Boynton Beach
240 S. Military Trail 100 East Boynton Beach Blvd.
West Palm Beach, Florida 33415 Boynton Beach, FL 33435
Attention: Susan Bucher Attention: Ci Mana er
9. SEVERABILITY:
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law,
the same shall be eliminated from this Agreement, and the remaining portion of this Agreement
shall be in hill force and effect and be valid as if such invalid portions thereof had not been
incorporated herein.
10. NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parties. No representations other than those
set forth herein shall be binding upon the parties. No modification of this agreement shall be
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effective unless submitted in writing and signed by both parties, or their duly authorized
representatives.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1,
2010.
As to the SOE:
WITNESSES: f' SUPER VISOR OF ELECTIONS
~Lli~ PALM BEACH COUNTY
~lm/V) (u.l~.hv\
~~ A-~
~san Bucher
Date: 2-J \2..{fO
As to the MUNCIPALITY:
CITY OF-;;BOYNTON BEACH
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( Date: ~-q-B.DIO
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