R20-016 RESOLUTION NO. R20-016
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTION SERVICES; AUTHORIZING
THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT;
AUTHORIZING THE CITY MANAGER TO ENTER INTO
1 I SUBSEQUENT AGREEMENTS; AND PROVIDING AN EFFECTIVE
DATE.
1 '
1 WHEREAS, the Palm Beach County Supervisor of Elections requires municipalities
1 , to enter into an Interlocal Agreement listing the services her office would provide along with
i their associated costs; and
1 ' WHEREAS,the Supervisor of Elections and the City wish to enter into this Agreement
1 : to set out the terms of this coordinated program and to assure smooth election cycles now and
1 . in the future; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon the
2 recommendation of staff, approves the Interlocal Agreement between the City of Boynton
2' Beach and the Palm Beach County Supervisor of Elections for vote processing equipment use
2: and election services.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2, THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
2, Section 1.The foregoing"Whereas" clauses are hereby ratified and confirmed as being
2' true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
2: Section 2. The City Commission of the City of Boynton Beach hereby approves
2' the Interlocal Agreement between the City of Boynton Beach and the Palm Beach County
31 Supervisor of Elections for vote processing equipment use and election services and authorizes
3 the City Manager to sign the Interlocal Agreement, a copy of which is attached hereto as
S:\CA\RESO\Agreements\ILA with Supervisor of Elections 2020-Reso.docx
3 Exhibit"A".
3 Section 3. The City Manager is hereby authorized to enter into subsequent
3 agreements with the Supervisor of Election that facilitate municipal elections, amendments or
3, annual updates to this Agreement without the necessity of additional approval by the City
3 Commission.
3 ' Section 4. That this Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this 10- day of February, 2020.
3' CITY OF BOYNTON BEACH, FLORIDA
41
4 YES NO
4'
4 Mayor—Steven B. Grant
4
4, Vice Mayor—Justin Katz
4,
4' Commissioner—Mack McCray ✓
4:
4' Commissioner—Christina L. Romelus ✓
51
5 Commissioner—Ty Penserga
5'
5
5 VOTE s-6J
5. ATTEST:
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Wendy Sartory Link
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OF PA Palm Beach County Supervisor of Elections
2020 MUNICIPAL ELECTIONS
VOTE PROCESSING EQUIPMENT USE
AND ELECTIONS SERVICES AGREEMENT
This Vote Processing Equipment Use and Elections Services Agreement(hereinafter referred to
as the"Agreement")is hereby entered into by and between the Palm Beach County Supervisor
of Elections Office(hereinafter referred to as"SOE") and the City of Boynton 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.
2020 ELECTIONS AGREEMENT Page 2 of 12
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 Uniform Municipal Election in conjunction with the Presidential Preference
Primary Election to be held on March 17, 2020, and a Run-Off Election, if necessary,to be held
on March 31,2020, along with the necessary vote processing equipment and election services to
facilitate any early voting sites,polling locations and polling places as may be necessary and
agreed upon by the parties.
ARTICLE 3—OPERATION AND PROGRAMMING SERVICES
3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election
operations(Exhibit"A").
3.2 Vote-By-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote-By-
Mail ballot request processed plus actual postage costs, including Return Postage.
MUNICIPALITY shall also pay SOE for each Vote-By-Mail ballot signature verified(Exhibit
“A”).
3.3 Repairs. For any election, all maintenance,repairs or other troubleshooting services for vote
processing equipment,including any processors or tablets, will be performed exclusively by SOE
and such services are included in all stated charges. However, SOE does reserve the right to seek
reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or
unauthorized acts by any employee or representative of MUNICIPALITY.
ARTICLE 4—OTHER ELECTION CHARGES
4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct
preparation and poll worker training(Exhibit"A").
4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or
services not specifically provided for in this Agreement but that may be described or listed in the
latest Municipal Fee Schedule as distributed to MUNICIPALITY. Where MUNICIPALITY
holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in
Exhibit"A"controls. In all other situations, Run-Off Election and Stand-Alone Election Fee
Schedules control (Exhibit"B"). MUNICIPALITY agrees that the Municipal Fee Schedule and
the prices contained therein are subject to change(Exhibits"A"and"B").
4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY
shall pay SOE for any other election services not contemplated herein which may be needed to
conduct an orderly election.
ARTICLE 5—TERM
For each election, the terms of this Agreement begin with ballot layout and conclude when
ballots have been processed, election results have been certified, all vote processing equipment
has been returned to the SOE's warehouse and an audit, if applicable,has been completed. In the
event of an election contest or challenge, SOE agrees to cooperate in providing any public
records which the SOE maintains or otherwise controls.
2020 ELECTIONS AGREEMENT Page 3 of 12
ARTICLE 6—APPLICABLE REQUIREMENTS OF FLORIDA'S ELECTION CODE
MUNICIPALITY shall properly call the election in accordance with any Florida Statutes,
applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal
Clerk is responsible for the conduct of the city's elections and for ensuring compliance with all
applicable Florida Statutes, including the Florida Election Code and any municipal charter
provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the
sole responsibility of MUNICIPALITY.
ARTICLE 7—NOTICE AND ADVERTISEMENT OF ELECTIONS
7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections.
SOE shall prepare and arrange for publication of all legal advertising required by state and
federal statutes, municipal charter and municipal ordinances,provided that MUNICIPALITY
shall make SOE aware of all publications required by MUNICIPALITY'S charter or ordinances.
SOE agrees that all advertisements of elections conducted in Palm Beach County shall be
published in both English and Spanish and that SOE shall be responsible for the accurate and
complete translation of any such notices.
7.2 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall prepare and
arrange for publication of all legal advertising required by state and federal statutes, city charter
and city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in
Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY
shall be responsible for the accurate and complete translation of any such notices. SOE shall, if
available,provide samples of required advertising upon request.
ARTICLE 8—QUALIFYING OF CANDIDATES
MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept
and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect
pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at
the close of qualifying.
If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10)per
name, or such other amount as determined per Florida Statutes or the Florida Administrative
Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any
signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such
petitions are received.
In no event shall SOE issue any recommendations or make any legal determinations as to the
qualifications of eligibility of any candidate for municipal office.
ARTICLE 9—PRINTING OF BALLOTS AND BALLOT SERVICES
9.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall place an order for sufficient quantity of Election Day ballots with a third-party printer
as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer.
MUNICIPALITY shall pay SOE a per-ballot fee for each Vote-By-Mail ballot printed that is not
otherwise being printed by SOE for the Presidential Preference Primary, including any additional
pages required for MUNICIPLITY'S races or questions.
2020 ELECTIONS AGREEMENT Page 4 of 12
MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all
ballot information in English, Spanish and Creole, including the name of the candidates as they
are to appear on the ballot,the name of the Municipality, the name of the election,the title of
office or referendum title, explanation, and questions.
SOE agrees to provide the layout of the ballot(s)based on the information furnished by
MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and
MUNICIPALITY must sign off on ballot proof(s).
MUNICIPALITY shall be responsible for providing all necessary translations of ballots, in
accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the
ExpressVote machine.
Once test ballots are received from the printer, SOE will test all vote processing equipment in
accordance with the standards established by the Florida Division of Elections and any
applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall
receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also
control and limit all access to un-voted ballots while in possession of SOE.
9.2 Run-Off Election.
In the event of a run-off election, MUNICIPALITY will be responsible for providing all
information stated in 9.1. MUNICIPALITY will again be responsible for providing any
additional translations and must again approve ballot content and layout prior to printing.
MUNICIPALITY will be responsible for reimbursing SOE for any and all costs incurred
(Exhibit"B").
ARTICLE 10—POLL WORKERS
10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of
trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE
will train all poll workers in accordance with the Florida Election Code and other guidelines,
procedures or regulations as followed or adopted for the conduct of elections in Palm Beach
County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll
worker training sessions. Poll workers shall undergo job specific training and complete required
number of training hours as specified by SOE poll worker department management. All
necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or
transported in poll worker clerk bags.
10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall pay poll workers directly for their services.
10.3 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall pay poll
workers directly for their services (Exhibit"B").
ARTICLE 11—SELECTION OF POLLING PLACES
SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location
shall meet necessary Americans with Disabilities Act(ADA)requirements. In the event of a run-
off election, MUNICIPALITY shall provide ADA compliant Polling Places.
2020 ELECTIONS AGREEMENT Page 5 of 12
ARTICLE 12—SAMPLE BALLOTS
12.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall determine, check and deliver sample ballot layout to third-party vendor for
distribution to registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm
the accuracy of the election date, office, candidate name(s),polling locations,polling places and
all other information contained therein. SOE shall coordinate the mailing of the sample ballots to
all registered voters in the municipality prior to the election,including accurate polling place
information(Exhibit"A").
12/ 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
MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless
MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary,
SOE agrees to accept all requests for Vote-By-Mail ballots by telephone,mail, email or in
person. SOE also agrees to mail Vote-By-Mail and overseas ballots as requested by registered
voters,receive and securely store any voted Vote-By-Mail ballots,verify the signatures on any
returned voted Vote-By-Mail ballot certificates, and account for all Vote-By-Mail ballots.
SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Florida
Statute 101.68.
In the event of a run-off election for which the SOE is not a member of the canvassing board, a
member of the municipality canvassing board must be present for openings, duplications and
tabulations.
ARTICLE 14—TRANSPORTATION OF ELECTIONS EOUIPMENT AND SUPPLIES
14.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE will be responsible for delivery and pick up of any vote processing equipment. Election
equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon
date,up to eight(8) days prior to the election. SOE, or a third party representative of SOE,will
pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to
hire and employ any outside third parties to assist with or perform delivery and pick up of voting
equipment(Exhibit"A").
14.2 Run-Off Election.
SOE will maintain responsibility for transportation of equipment and supplies as stated in 14.1.
MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and
pickup (Exhibit"B").
14.3 MUNICIPALITY is not permitted to deliver any election equipment.
2020 ELECTIONS AGREEMENT Page 6 of 12
ARTICLE 15—LOCATION AND STORAGE OF VOTING EQUIPMENT
All voting equipment shall be stored,maintained and located in a well-protected, secure,
temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a
voting site, no equipment shall be relocated without the prior written approval of SOE.
ARTICLE 16—CANVASSING OF ELECTION RESULTS
16.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to
canvass the results of the election. SOE shall notice and advertise, as needed,the dates of any
canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted
Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each
precinct.
16.2 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall schedule and
coordinate the date on which MUNICIPALITY'S Canvassing Board is to assemble to canvass
the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE
facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise
in both English and Spanish, as needed,the dates of any Canvassing Board meetings.
MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote-By-Mail
ballots are to be tabulated. MUNICIPALITY shall provide for collection of results from each
precinct(See Exhibit"B").
ARTICLE 17—AUDITS
MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including
overtime expenses, for conducting the audit.
ARTICLE 18—POST-ELECTION RECORDS RETENTION
SOE shall process affirmation forms and sort, inventory, and pack all election materials for
pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary-
election
ecessaryelection records and ballots until expiration of retention period as prescribed by applicable
Florida Statutes and Rules.
ARTICLE 19—VOTER HISTORY
MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter
history. The date selected for undertaking this activity may occur subsequent to the conclusion of
all election dates and outside of the terms of this Agreement but both parties agree to work
toward recording voter history in a timely manner.
ARTICLE 20—OTHER NECESSARY COSTS
Any additional costs or fees that may be incurred by SOE in compliance with the Florida
Election Code and as a direct result of a municipal election,that are not specified in this
Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE.
Examples of such additional costs or reimbursements include,but are not limited to,the
following:
2020 ELECTIONS AGREEMENT Page 7 of 12
A. Recounts. Any expenditure for conducting a recount, including any overtime expenses
for reprogramming voting equipment, and other expenses as may be necessary to conduct a
recount; and,
B. Attorneys' Fees and Costs. Actual attorneys' fees and costs incurred by SOE for research
or representation on any election-related matter shall be invoiced by SOE for reimbursement by
MUNICIPALITY.
ARTICLE 21 —HOLD HARMLESS COVENANT
To the extent permitted by law and without waiving the provisions of§ 768.28, F.S.,
MUNICIPALITY shall indemnify and hold harmless the SOE's , its officers, agents and
employees against any and all claims, administrative challenges, civil suits, or other legal
actions, 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, elected or appointed officials or employees of the
Municipality with respect to issues pertaining to municipal elections conducted pursuant to this
Agreement,provided the SOE reserves the right to select the attorney to defend the SOE. Parties
recognize that SOE is a state agency or subdivision as defined in Section 768.29, Florida Statutes
and that nothing herein is intended to serve as a waiver of sovereign immunity by SOE for acts
or omissions to which sovereign immunity applies. Furthermore,noting herein shall be construed
as consent by SOE, constitutional office of Palm Beach County to be sued by third-parties in any
matter arising out of any contract.
ARTICLE 22—ENTIRETY AND AMENDMENTS
The Agreement embodies this entire agreement between SOE and MUNICIPALITY and
supersedes all prior agreements and understandings relating to the conduct of elections. No
modification, amendment or alteration to this Agreement shall be effective of binding unless
submitted in writing and executed by the duly authorized representatives of both SOE and
MUNICIPALITY.
ARTICLE 23—EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution by duly authorized
representatives of SOE and MUNICIPALITY as shown on the signature page hereto.
2020 ELECTIONS AGREEMENT Page 8 of 12
IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to
bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this
agreement on the dates set forth below.
CV".i....:6- 4_,..&..--c5-
Signature Signature
Wendy Sartory Link Lori LaVerriere
Name (Printed or Typed) Name(Printed or Typed)
Palm Beach County Supervisor of Elections City Manager
Title Title
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Witness Signature Witness Signature
Tammy L. Stanzione
Witness Name (Printed or Typed) Witness Name(Printed or Typed)
APPROVE AS TO •-
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CITY ATTORM
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EXHIBIT " A"
Palm Beach County Supervisor of Elections
Schedule of Municipal Election Fees
Presidential Preference Primary and Municipal Elections
Tuesday, March 17, 2020
Standard Operation and Programming
Polling Place Operations
Ballot Preparation and Printing
Vote-By-Mail (VBM) Ballot Requests and Postage
Post-Election Reporting and Audit
Service Center Operations and Tabulation
Total $500.00
VBM Services Other Than Required for PPP
VBM Ballot Services $5.04/Ballot
VBM Ballot Return Postage Fees TBD
Unanticipated Costs TBD
EXHIBIT " B "
Palm Beach County Supervisor of Elections
Schedule of Municipal Run-Off Election Fees
Presidential Preference Primary and Municipal Elections
Tuesday, March 31, 2020
General Municipal Run-Off Election Services Estimated Costs
Vote-by-Mail Ballot Services $5.04/Ballot
Run-Off Election Day Services $3,550.46
Precinct Services $139.46
Delivery and Pickup of Equipment TBD
Ballot Printing TBD
Poll Worker Salaries TBD
Translation and Recording of Audio Ballot TBD
VBM Return Postage Fees TBD
*Itemized invoices will be provided in the event of a run-off election.
The City of Boynton Beach
_ 0, City Clerk's Office
PO Box 310
Boynton Beach, FL 33425
6, (561)742-6060
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FAX: (561)742-6090
1 E-mail : cityclerk@bbfl.us
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www.boynton-beach.org
CERTIFICATION
I, Crystal Gibson, City Clerk of the City of Boynton Beach, Florida, do hereby
certify that the attached Resolution No. R20-016, consisting of two (2) pages, and the
attached Interlocal Agreement with the Palm Beach County Supervisor of Elections are
true and correct copies as they appear in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, dated this 24th day of February 2020.
7 /1./(7/1 ,4%
rystal Gibson, MMC
3 City Clerk
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The City of Boynton Beach
< fCity Clerk's Office
POBox310
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Boynton Beach,FL 33425
- (561)742-6060
- (56i)742-6090
,` E-mail: cityclerk@bbfl.us
www.boynton-beach.org
February 24, 2020
Ms. Wendy Sartory Link
Supervisor of Elections
240 South Military Trail
West Palm Beach Fl 33415
Dear Ms. Link:
Attached is a certified copy of Resolution No. R20-016 and a partially executed copy of
the Interlocal Agreement between the City of Boynton Beach and the Palm Beach
County Supervisor of Elections for use of the vote processing equipment and election
services. Once you have reviewed the Interlocal Agreement, please forward a copy of
the fully executed document to me for our Central File.
If you have any question or concern, please let me know.
Sincerely,
7:741-41
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Crystal Gibson, MMC
City Clerk
Attachments
c: Election File
S:\CC\WP\ELEC110N\Year 2020\SOE\Transmittal of Interlocal Agreement for Use of Equipment&Election Svcs.doc
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