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Vote Processing Equipment Use and Elections Services Agreement IN �mlw- 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 .t\,,�ZiincLi, 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. Wendy Sartory Link Palm Beach County Supervisor of Elections 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 Wendy Sartory Unk Palm Beach County Supervisor of Elections 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. Wendy Sartory Link Palm Beach'County Supervisor of Elections 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. I1RTICLE 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 MUNICIPAILITY 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, Wendy Sartory Link Palm Beaci County Supervisor of Elections 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: MUNICIPALITY: • (AlL' 4641 Signature 6 Signature WendySartoryLink Daniel Dugger Name(Printed or Typed) Name(Printed or Typed) Palm Beach County Supervisor of Elections City Manager Title Title DateY/7Z-- i Appr qseTn 1 _ CitAttorney ( Aftt: S 1 City Cle "gip N °I SEAL V='s :•INCORPORATED: 1920 % % PLORIVN Wendy Sartory Link Palm Beach County Supervisor of Elections