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HomeMy WebLinkAbout2020 ContractMUNICIPAL ELECTION AGREEMENT THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter "SOE") mailing address is 4375 43rd Avenue , Vero Beach, Florida, 32967 and the CITY OF Sebastian (hereinafter "Municipality") whose mailing address is 1225 Main Street, Sebastian Florida, 32958 , to conduct the City's Municipal Election (hereinafter "Election"). RECITALS: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code ((he "Code") which applies to municipalities where expressly so stated; and WHEREAS, Sec. 100.3605, Florida Statutes, states that "the Florida Election Code, chapters 97-106 shall govern the conduct of 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 previsions 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: 1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOB 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 General, Run -Off, and Special Elections as necessary, as well as the Post -Election Audit, unless otherwise stated herein below. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of the City of Sebastian General Municipal Election is Novemher 3. 2020 This agreement covers the General, Run -Off, and Special Elections as necessary, as well as the Post -Election Audit for the year 2020 . Either party 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 or state elections: $0.50 per registered voter limited to regularly scheduled city/town council races. Print area allowed for amendments and /or referendums is limited to 2 'G" wide by 5" length of print area. There will be an additional fee for amendments and/or referendums which exceed print area allowed of $0_35 per registered voter. Municipal Elections that are not held in conjunction with county or state elections: $2.00 per registered voter (based on 1 card ballot). Additional ballot card: $0.35 per registered voter. In the event of a Run -Off or Special Election, the above fees shall apply for the Run -Off or Special Election. As stated above, the appropriate Im will depend if the Run -Off or Special Election is held in conjunction with county or stale elections or if the Run -Off or Special Election is not held in conjunction with county or state elections. 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) Properly call and advertise the election according to statutes, charter, ordinance or resolution, at its own expense. (b) Request that the Supervisor of Elections conduct the municipality's election. (c) The municipality's Canvassing Board will be responsible for canvassing the election, when the election is not held in conjunction with cowry or state elections. (d) Provide SOE with any municipal boundary changes as soon as possible, but no later than 90 days prior to the municipal election. (e) 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 for the Logic & Accuracy Test, Mail Ballot Canvass, Post Election Audit and news releases on Book Closing on the SOE website and in a newspaper of general circulation in the county as required by Florida Statutes. (b) Send written notice by email, requesting a "read receipt" to the county parry chair of each political party, stating the time and location of the public Logic & Accuracy Test of the automatic tabulating equipment as required by Florida Statutes. 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. (f) Verify signatures of electors on any qualifying petitions submitted by candidates (if applicable). (2) SOE None C. Ballots (1) Municipality (a) Provide SOE the language for any amendments and/or referendum questions seven (7) days prior to the qualifying deadline. If mandated to provide additional languages other than English, the municipality must provide amendments and/or referendum questions in all mandated languages. (b) Provide the SOE with the candidate's names/ ballot order/and proofed amendments and/or referendum questions no later than 5:30 p.m. on the last day of qualifying prior to the election. (c) Review, amend (if necessary) and approve ballot proof prepared and provided by SOE to the municipality, no later than 6:00 p.m. on the last day of qualifying prior to the election. fill Any modifications to the approved ballot layout after the 6:00 p.m. deadline on the last day of qualifying prior to the election, is not guaranteed if ballot printing has commenced. 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. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b) Black printing only on ballots, color ballots incur an additional charge to the municipality. (c) Receive, securely store and account for all ballots until disbursed to polling places. (d) Audio ballot programming. (a) Control all access to un-voted ballots while in the possession of the SCE. (1) SOE will print one sample ballot advertisement, inclusive of all municipalities conducting elections, in a newspaper ofgeneral circulation in the county or mail (or email if applicable) a sample ballot to each household of a registered voter. (g) SOE will post precinct specific ballots on the SOE website. D. Equipment Testing (1) Municipality (a) Canvassing Board to be present during the Logic and Accuracy Test as noticed by SOE. The Canvassing Board may designate one member to be its representative at the test per Florida Statute 101.55612(2). (2) SOE (a) Develop a unique test deck to be used for the Logic & Accuracy Test. (b) Conduct the Logic & Accuracy Test. E. Early Voting (OPTIONAL)- The SOE is not required to conduct early voting for municipal elections that are not held in conjunction with state and federal elections. The responsibilities of the municipality listed below under Section El (a)—(f) and the responsibilities of the SOE listed under Section E2 (a)—(f) are only applicable if the municipality agrees to offer early voting and pay all associated costs which are indicated in Section EI below. (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, poll worker pay, Early Voting runner pay, site rental charges, equipment delivery/pick-up charges, advertising, and any other costs associated with conducting Early Voting. (c) Municipality shall conduct its Early Voting activities in accordance with Florida Statute 101.657. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide poll workers to staff Early Voting site(s) and additional personnel as needed. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at the SOE office. F. Vote -by -Mail (1) Municipality (a) Refer all requests for Vote -by -Mail ballots to SOE. 4 (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. (e) Receive Vote -by -Mail ballots at the SOE office and verify signatures on Vote -by -Mail certificates. (f) Prepare and open Vote -by -Mail ballots for tabulation. (g) Notify voter of the disposition of their rejected Vote -by -Mail ballot after determination by the Canvassing Board, as required by law. O. Polling Places (1) Municipality None (2) SOE (a) Arrange for use of polling places. (b) Confirm polling place accessibility and ADA compliance. (e) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (d) Notify voters and the municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality None (2) SOE (a) Provide precinct supplies. (b) Provide precinct registers for each polling place location. (c) Contract moving company for delivery and pick-up ofvoting equipment/supplies to and from polling place. j 1. Poll Workers (1) Municipality None (2) SOE (a) Contact, contract with, and pay poll workers. (b) Schedule and notify poll workers of training classes. (c) Train poll workers. (d) Provide training materials for poll workers. J. Poll Watchers (1) Municipality None (2) SOE Designations for poll watchers must be submitted to the SOE office by noon of the second Tuesday prior to the election. If designations are submitted, the poll watchers must be approved by the SOE on or before the Tuesday prior to the election. Designations tor early voting sites (if applicable) shall be submitted in writing to the SOE office 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. 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/Counting of Election Results (1) Municipality (a) Canvassing Board present (only applies when the election is not held in conjunction with county or state elections). N (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 (1) Municipality None (2) SOE (a) Provide the municipality with an official certification of election results. (b) Sort, inventory, pack and store all necessary election records and ballots until the expiration of retention period prescribed by law. (c) Process polling place affirmation forms. (d) Notify voter of the disposition of their rejected Vote -by -Mail ballot after the determination by the Canvassing Board, as required by law. (a) Process previsional ballots (Q Respond to public records requests regarding records kept on behalf of the municipality. (g) Record voting history for each voter who voted. N. Post -Election Audit (1) Municipality None (2) SOE (a) Organize precinct/race information for the Canvassing Board to randomly select the race and precinct that shall be audited. (b) Organize and prepare ballots for Post -Election Audit. 7 (c) Provide SOE staff to conduct Post -Election Audit. O. Recount (I) Municipality (Applies only when the election is not held in conjunction with county or state elections.) (a) Provide that the Canvassing Board will be responsible for the administration ofthe 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 Rule 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 IS-2.031 Recount Procedures; and Rule IS-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 notices) of the Recount with the time, date, and location at the SOE office. (b) Test tabulating equipment as required by Florida Statute 101.5612. (c) Prepare and organize ballots for Recount processing. (it) Tabulate ballots and provide professional staff for equipment operations. (a) Provide counting teams for examining out stacked ballots, in the event a Manual Recount is ordered. (0 Provide official certification of the election as determined by the Canvassing Board. 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 stipulated in this Agreement. (2) SOE None 8 5. 6. 7. HOLD HARMLESS COVENANT: Each parry 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 parry's liability to the other shall include punitive damages or interest for the period beforejudgment 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 parry shall be liable pursuant to this indemnity to pay a claim or ajudgment by any one person or any claim orjudgment, 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 parry 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. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the panics hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. NOTICES: Mail notices affecting the provisions of this Agreement may be delivered in person or be sent by certified mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either parry furnishes the otter party written instruction to contract another individual. For the SCE: For the Municipality: Supervisor of Elections 437543' Avenue Vero Beach, Florida 32967 Attention: Leslie Swan SEVERABILITY: City of Sebastian 1225 Main Street Sebastian. FL 32958 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 he 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 representation 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. A EST: A41L Jeanette Williams , Municipal Clerk (Affix Municipal Sea]) K11 As to the SOE: SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY yer�A Les lie$t.ssway Swan, Supervisor of Elections Date: -bzt- h tx- I I.aoC 1 As to the MUNICIPALITY: INSERT NAME OF MUNICIPALITY City of Sebastian Mayor Hd Dodd Date: 1-13-2020