HomeMy WebLinkAbout2023 AgreementMUNICIPAL ELECTIONS AGREEMENT �4
THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter
"SOE") whose mailing address is 4375 4e Avenue, Vero Beach, Florida, 32967, and the CITY OF
SEBASTIAN (hereinafter "Municipality") whose mailing address is 1225 Main Street, Sebastian, FL 32958, to
conduct the municipality's November municipal election.
RECITALS:
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... The 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 the 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:
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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 parties so that there is a clear understanding of the rights and responsibilities of all
parties. Such rights and responsibilities shall apply to the November Municipal Election which is held the
first Tuesday after the first Monday in November, and the Post -Election Audit. In even number years, the
Supervisor of Elections is not obligated to conduct a special or recall election beginning the week
preceding the June qualifying period through the certification date follow the November General Election.
When a presidential preference primary election is held, the Supervisor of Elections is not obligated to
conduct a special or recall election beginning 65 days prior to the presidential preference primary election
and 45 days following the presidential preference primary elections.
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The date of the City of Sebastian Municipal Election is November 7, 2023
This Agreement covers the November municipal election and the post -election audit for the year 2023.
Either parry to the Agreement may elect to withdraw from the Agreement upon written notice providing at
least four (4) months' notice.
3. ELECTION FEES FOR MUNICIPAL ELECTIONS
Municipal Elections that are held in conjunction with county, state, or federal elections: $1.00 per
registered voter limited to regularly scheduled city/town council races. There will be an additional fee for
amendments and/or referendums which exceed print area specified below at a cost of: $0.50 per
registered voter.
Total print area for all amendments and /or referendums is limited to 2 W wide by 6 W length of total
print area for a three column ballot layout, 5 %" wide by 4" length of total print area for a two column ballot
layout, and 8" wide by 3" length of total print area for a one column ballot layout. The SOE determines
the number of columns based on ballot content.
Municipal Elections that are not held in conjunction with county, state, or federal elections: $3.00
per registered voter (based on 1 card ballot). Each additional ballot card: $0.50 per registered voter.
In the event of a recount (machine and/or manual), the municipality will be invoiced for the costs
associated with the recount.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) The Municipal Charter shall designate the Canvassing Board for the municipality's election,
which shall convene in a publically noticed meeting, open to the public, in accordance with
Section 286.011, Florida Statutes and Section 102.141(2), Florida Statutes.
(b) The municipality shall be responsible for all advertising that may be required by the
municipality's charter or other local requirements that are outside of the advertising required by
Florida Election law, at its own expense.
(c) Request that the Supervisor of Elections conduct the municipality's election.
(d) The municipality's canvassing board will be responsible for canvassing the election, when the
election is not held in conjunction with county, state, or federal elections.
(a) The municipality shall assure all political boundaries are accurate, up to date, and provided to
the SOE no later than one hundred and twenty (120) days prior to each election.
(f) The qualifying officer/municipal clerk, at the time of qualifying, shall give written notice of the
time and location of the Public Logic & Accuracy Test to each candidate qualifying with the
municipality and obtain a signed receipt that the notice has been given according to Sec.
101.5612(2), Florida Statutes.
(2) SOE
(a) Publish legal notices required by Florida Statutes.
B. qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates.
(b) Accept and process all qualifying papers and fees.
(c) Provide the SOE with a copy of the candidate's Loyalty Oath at the time of qualifying.
(d) Respond to all candidate inquiries and questions.
(a) Respond to all legal inquiries and questions.
(f) Respond to all media inquiries.
(g) Verify signatures of electors on any qualifying petitions submitted by candidates (if
applicable).
(2) SOE
None
C. Ballots
(1) Municipality
All ballot language must comply with Section 101.161(1), F.S. and Rule 15-2.032, Florida
Administrative Code.
(a) Provide SOE the official title and language for any amendments and/or referendum questions
seven (7) days prior to the qualifying deadline in Microsoft Word format. If mandated to provide
additional languages other than English, the municipality must provide the official title,
amendments and/or referendum questions in all mandated languages. Indian River County is
mandated by court order to provide ballot language in Spanish.
(b) Provide the SOE with the official election title, candidate names, and ballot order, on the last
day of qualifying prior to the election. All ballot language must be provided in Microsoft Word
format. The municipality shall provide pronunciation guidelines for the qualified candidates to be
used with the audio ballot.
(c) Review, amend (if necessary) and approve ballot proof prepared and provided by SOE to the
municipality within one (1) business day of receipt from the SOE.
(d) Any modifications to the approved ballot by the municipality, is not guaranteed after final
approval from the municipality. Any requested modification must be provided to the SOE in
writing and signed by the appropriate parties, and in accordance with any special act, charter, or
ordinance provision.
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(2) SOE
(a) Provide ballot proof to the municipality to review, amend (if necessary) and approve.
Municipality has one (1) business day after receipt of ballot proof to review, amend (if necessary)
and approve ballot.
(b) SOE shall prepare file for ballot printing and audio ballot based on information received from
the Municipal Clerk and shall arrange for the printing, preparation, receipt, and testing of the
ballots to be used in the municipal election.
(c) Black ink text only on ballots.
(d) Receive, securely store, and account for all ballots until disbursed to polling places.
(a) Control all access to un-voted ballots while in the possession of the SOE.
(f) SOE will provide sample ballots in accordance with the Election Code.
(g) SOE will post precinct specific sample ballots on the SOE website.
D. Equipment Testing
(1) Municipality
(a) Municipal Canvassing Board shall convene for the Public Logic and Accuracy Test as per
Florida Statute 101.5612(2). For municipal elections held in conjunction with county, state, or
federal elections, the County Canvassing Board will preside over the election.
(2) SOE
(a) Develop a unique test deck to be used for the Public Logic & Accuracy Test.
(b) Conduct the Pubic Logic & Accuracy Test of the automatic tabulating equipment as required
by Section 101.5612, Florida Statutes.
E. Early Voting (OPTIONAL) - The SOE is not required to conduct early voting for municipal elections
that are not held in conjunction with county, state or federal elections. The responsibilities of the
municipality listed below under Section Et (a) — (b) and the responsibilities of the SOE listed
under Section E2 (a) — (d) are only applicable V the municipality agrees to offer early voting and
pay all associated costs which are indicated in Section E1 below.
(1) Municipality
(a) Reimburse SOE for all early voting expenses incurred by the SOE.
(b) Municipality shall conduct its early voting activities in accordance with Florida Statute
101.657.
(2) SOE
(a) Secure early voting sile(s).
(b) Prepare all supplies needed for each early voting site.
(c) Provide poll workers to staff early voting site(s) and additional personnel as needed.
(d) Train poll workers.
(a) Provide staffing to accept voted ballots daily at the SIDE office.
F. Vote -by -Mail
(1) Municipality
(a) Refer all requests for vole -by -mail ballots to SOE.
(b) If the SIDE office is required by federal or state law to pay return postage on vote -by -mail
ballots, the municipality will be charged the postage costs for all returned voted ballots.
(c) If the SIDE is required by federal or state law to mail every registered voter a vote -by -mail
ballot, the municipality will be charged an additional $.50 per registered voter for
elections that are held in conjunction with county, state, or federal elections and an additional
$.75 per registered voter for elections that are not held in conjunction with county, state, or
federal elections.
(2) SOE
(a) Determine eligibility and compile vote -by -mail ballot file.
(b) Accept all requests for vote -by -mail ballots by telephone, mail, online, or in person.
(c) Prepare and mail vote -by -mail ballots as required per Florida Statute.
(d) Deliver vote -by -mail ballots to the post office.
(a) Receive vote -by -mail ballots at the SOE office and verify signatures and other identifying
information required by Florida Statute on vote -by -mail certificate envelopes. Notify voters of a
missing signature or if the signature on the voter's certificate envelope does not match their
signature on their voter record or if any other identifying information required by Florida Statute is
missing or does not match the voter's information on file with the SIDE office.
(f) Prepare and open vote -by -mail ballots for tabulation.
(g) Notify voter of the disposition of their rejected vole -by -mail ballot after determination by the
Canvassing Board, as required by Florida Statute.
G. Polling Places
(1) Municipality
None
(2) SOE
(a) Contract with facilities for use as polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify voters, as required by law, if a voter's assigned polling place is to be temporarily
relocated or unavailable. The Supervisor is responsible for mailing "Polling Place Change
Notices" to affected voters, the cost of which shall be reimbursable to the SOE.
(d) Notify voters and the municipality of permanent polling place change(s).
H. Precinct Supplies
(1) Municipality
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(2) SOE
(a) Prepare precinct supplies for each polling place location.
(b) Prepare precinct registers for each polling place location.
(c) Contract with moving company for delivery and pick-up of polling place voting equipment and
supplies.
I. Poll Workers
(1) Municipality
None
(2) SOE
(a) Hire poll workers.
(b) Schedule and notify poll workers of training classes.
(c) Provide training materials and training for poll workers.
J. Poll Watchers
N
(1) Municipality
None
(2) SOE
(a) Poll watcher designations must be submitted to the SOE office before noon of the second
Tuesday preceding the election. Poll watchers must be approved by the SOE on or before the
Tuesday prior to the election. Designations for early voting sites (if applicable) shall be submitted
in writing to the SOE office before noon at least 14 days before early voting begins. The poll
watchers for early voting sites shall be approved by the SOE no later than 7 days before early
voting begins per Florida Statute 101.131. Approved poll watcher badges will be available for
pick-up at the SOE office upon notification.
K. Election Day Support
(1) Municipality
None
(2) SOE
(a) Provide technical support personnel as needed.
(b) Provide phone support to respond to poll workers/voters on Election Day.
L. Ballot Tabulation of Election Results
(1) Municipality
(a) Municipal Canvassing Board present (only applies when the election is not held in
conjunction with county, state or federal elections).
(2) SOE
(a) Deliver all voted ballots and other necessary election related items to SOE office after the
polling places have closed on Election Day.
(b) Provide technical staff and equipment to tabulate election results.
(c) Post election results on SOE website and provide the same to local municipal television
(upon request).
(d) Provide the municipality with unofficial election results upon conclusion of tabulation and
canvassing of ballots cast on Election Day.
M. Post -Election Day
VA
(1) Municipality
(a) Municipal Canvassing Board shall canvass provisional ballot, and vote -by -mail and provisional
ballot cure affidavits. For municipal elections held in conjunction with county, state, or federal
elections, the County Canvassing Board will preside over the above activities.
(b) Municipal Canvassing Board shall certify election results and Conduct of Elections report. For
municipal elections held in conjunction with county, state, or federal elections, the County
Canvassing Board will preside over the above activities.
(2) SOE
(a) Provide the municipality with an official certification of election results and Conduct of
Elections report.
(b) Sort, inventory, pack and store all necessary election records and ballots until the expiration
of the retention period prescribed by Florida law.
(c) Process polling place affirmation forms.
(d) Notify voter of the disposition of their rejected vote -by -mail ballot or provisional ballot after the
determination by the Canvassing Board, as required by law.
(e) Respond to public records requests regarding records kept on behalf of the municipality.
(f) Record voting history for each voter who voted.
N. Post -Election Audit
(1) Municipality
(a) Municipal Canvassing Board to randomly select precinct(s)1race(s) for audit. For municipal
elections held in conjunction with county, state, or federal elections, the County Canvassing
Board will preside over the above activities.
(b) Municipal Canvassing Board to preside over post -election audit. For municipal elections held
in conjunction with county, state, or federal elections, the County Canvassing Board will preside
over the above activities.
(2) SOE
(a) Organize precinctirace information for the Canvassing Board to randomly select the race(s)
and precinct(s) that shall be audited according to Florida Statute 101.591. The SOE has the
option of auditing ballots using an automated system pursuant to Florida Statute 101.591.
(b) Organize and prepare ballots for post -election audit. If an automated system is used to
conduct the post -election audit, the SOE will be responsible for all ballot scanning and report
preparation.
(c) Provide SOE staff to conduct post -election audit.
O. Recount
(1) Municipality (Applies only when the election is not held in conjunction with county,
state or federal elections).
(a) Municipal Canvassing Board will be responsible for the administration of the recount, with
support and guidance from the SOE-
(b) Notify the candidates of the time, date, and location of the recount.
(c) Post public notice(s) of the recount with the time, date, and location.
(d) Recording and minutes as stipulated in Rulel S-2.031 Recount Procedures.
(e) Canvassing Board to review with counting teams and observers, the Florida Statutes and
rules, which apply to recounts, specifically Rule 15-2.031 Recount Procedures; and Rule 1S-
2.027 Standards for Determining Voter Choice on a Ballot.
(f) Reimburse the SOE for all staff salaries/overtime and all other expenses required to conduct
the recount.
(2) SOE
(a) Post public notice(s) of the recount with the time, date, and location at the SOE office and
website.
(b) Test tabulating equipment as required by Florida Statute 101.5612.
(c) Prepare and organize ballots for recount processing.
(d) Conduct recount as required by Florida Statute 101,5612.
(a) Provide counting teams for examining out -stacked ballots (overvoted and blank ballots), in
the event a manual recount is ordered.
(1) Provide official certification of the election as determined by the Canvassing Board.
(g) In the event of a recount (machine and/or manual), the municipality will be invoiced for the
costs associated with the recount.
P. Cancellation of Election
(1) Municipality
(a) If a scheduled election is cancelled after the qualifying period, the municipality is responsible
for all SOE costs incurred in this Agreement as of the cancellation date.
(2) SOE
None
HOLD HARMLESS COVENANT:
To the extent allowed by law, each party shall indemnify and hold the other harmless from all
claims brought during the term of this Agreement by third parties, including reasonable attorneys'
fees, court costs and expenses, which may arise out of or be attributed to the negligence of the
indemnitor's employees in the performance of any of the covenants, agreements, terms, or
conditions to be performed or complied with under this Agreement. Neither party's liability to the
other shall include punitive damages or Interest for the period before judgment. Nothing
contained herein shall be construed as a waiver of any immunity from, or limitation of, liability
either party has under the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes.
Additionally, neither party shall be liable pursuant to this indemnity to pay a claim or a judgment
by any one person or any claim or judgment, or portions thereof, which when totaled with all other
claims or judgments paid arising out of the same incident or occurrence, which exceeds the limits
of liability as set forth in Section 768.28(5) Florida Statutes, provided, that the payment of said
claim(s) shall be further limited to the actual amount of insurance proceeds paid for such claim(s)
covered by this indemnification. This indemnity specifically excludes any requirement for one
party to indemnify the other party for the other party's negligence or to assume any liability for the
other parry's negligence as provided in Section 768.28 (19) Florida Statutes.
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It is understood that the provisions of this Agreement are based on current state or federal law,
and if any changes in election law should occur during the term of this Agreement, those changes
will supersede the terms of this Agreement where applicable.
NOTICES:
Mail notices affecting the provisions of this Agreement may be delivered in person or sent via
U.S. mail, to the individual designated below, until either party furnishes the other party written
instruction to contact another individual.
For the SCE: I For the Municipality
Supervisor of Elections City of Sebastian
4375 430 Avenue 1 1225 Main Street
Vero Beach, Florida 32967 I Sebastian. FL 32958
Attention: Leslie Rossway Swan Attention: Jeanette Williams
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 full force and effect and be valid as if such invalid portions thereof had not been
incorporated herein.
9. 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.
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 effective unless submitted in writing and signed by both parties, and their duly authorized
representatives.
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.
NESSES
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Jeanette Williams , Municipal Clerk
(Affix Municipal Seal)
As to the SOE
SUPERVISOR OF ELECTIONS
INSDIDI$AJNN
Les li'e RRIVER
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lections
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As to the MUNICIPALITY:
INSERT NAME OF MUNICIPALITY
City of Sebastian
Eyed Jones Mayor
Date February S, 2023
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