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:
•
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Signature 6 Signature
WendySartoryLink
Daniel Dugger
Name(Printed or Typed) Name(Printed or Typed)
Palm Beach County Supervisor of Elections City Manager
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Wendy Sartory Link Palm Beach County Supervisor of Elections