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HomeMy WebLinkAboutFormal Request & SOE AgreementCMLf SET -I HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 388-8215 May 13, 2021 The Honorable Leslie Rossway Swan Indian River County Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 RE: November 2, 2021 City of Sebastian Municipal Election Dear Supervisor Swan: Thank you for the revised agreement for the November election. Please find enclosed a signed copy of the agreement that was approved by city council last night at their regular meeting. Please accept this letter as the City's formal request to hold a municipal election for three council seats along with possible charter referendum questions for the November 2, 2021 Election. I look forward to working with you and your staff as we approach the election. Sincerely, �y / WS J nette Williams, MMC City Clerk Enclosure MUNICIPAL ELECTIONS AGREEMENT THIS AGREEMENT by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (hereinafter "SOE") whose 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, 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: 1. PURPOSE: 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 following 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 election. 2. DATE OF MUNICIPAL ELECTION: The date of the City of Sebastian Municipal Election is November 2, 2021 This Agreement covers the November municipal election and the post -election audit for the year 2021. Either party to the Agreement may elect to withdraw from the Agreement upon written notice providing at least four (4) months' notice. 1 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. Print area allowed for amendments and /or referendums is limited to 2 '/2" wide by 5" length of print area for a three column ballot layout, 3 W wide by 2 W length of print area for a two column ballot layout, and 8" wide by 2 Y2" length of print area for a one column ballot layout. The SOE determines the number of columns based on ballot content. There will be an additional fee for amendments and/or referendums which exceed print area allowed of: $0.50 per registered voter. 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. (e) 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. 2 B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Provide the SOE with a copy of the candidate's Loyalty Oath at the time of qualifying. (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 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. All ballot language must comply with Section 101.161(1), F.S. and Rule 1 S-2.032, Florida Administrative Code. (b) Provide the SOE with the official election title, candidate names, copies of the candidates' Loyalty Oath, ballot order, and official title and language for amendments and/or referendum questions no later than 5:30 p.m. 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 of 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 no later than 6:30 p.m. on the last day of qualifying prior to the election. (d) Any modifications to the approved ballot layout after the 6:30 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) Provide ballot proof to the municipality no later than 6:00 p.m. on the last day of qualifying prior to the election. 3 (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. (e) 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 ballots on the SOE website. D. Equipment Testing (1) Municipality (a) When election is not held in conjunction with county, state, or federal election, Canvassing Board shall convene for the Public Logic and Accuracy Test as per Florida Statute 101.5612(2). (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 state and federal elections. The responsibilities of the municipality listed below under Section E1 (a) — (b) and the responsibilities of the SOE listed under Section E2 (a) — (d) are only applicable if 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) Prepare all supplies needed for each early voting site. 4 (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. (b) If the SOE office is required by federal or state law to pay return postage on vote -by -mail ballots, during stand-alone elections, the municipality will be charged the postage costs for all returned voted ballots via U.S. Mail. (c) If the SOE 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. (e) Receive vote -by -mail ballots at the SOE office and verify signatures on vote -by -mail certificate envelopes per Florida Statute. 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. (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 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. 5 (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 None (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 (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. If designations are submitted, the poll watchers must be approved by the SOE on or before the Tuesday prior to the election. Designations for early voting sites (if 6 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) Canvassing Board present (only applies when the election is not held in conjunction with county or state 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 (1) Municipality (a) When election is not held in conjunction with county, state, or federal election, Canvassing Board will canvass provisional ballots, in addition to, vote -by -mail and provisional ballot cure affidavits. (b) When election is not held in conjunction with county, state, or federal election, Canvassing Board will certify election results and Conduct of Elections report. 7 (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 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) When election is not held in conjunction with county, state, or federal election, Canvassing Board randomly selects precinct/race for audit and presides over post -election audit. (2) SOE (a) Organize precinct/race 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. (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 or state elections). (a) When election is not held in conjunction with county, state, or federal election, 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 Rule1S-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 1 S-2.031 Recount Procedures; and Rule 1 S-2.02'7 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. (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. (e) Provide counting teams for examining out -stacked ballots (overvoted and blank ballots), in the event a manual recount is ordered. (f) 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 5. 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 E 7 a 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 party's negligence as provided in Section 768.28 (19) Florida Statutes. CHANGE IN LAW: 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 such time as either party furnishes the other party written instruction to contact another individual. For the SOE: Supervisor of Elections 4375 43rdAvenue Vero Beach, Florida 32967 Attention: Leslie Rossway Swan SEVERABILITY: For the Municipality: 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 be valid as if such invalid portions thereof had not been incorporated herein. 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. 10 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. WITNESSES: QQ ry i 1_1 A ATTf ST: xae.a Jeanette Williams Municipal Clerk (Affix Municipal Seal) 11 As to the SOE SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY Leslie Rossway an, Supervisor of Elections Date: L 9.1 Lao&-k As to the MUNICIPALITY: INSERT NAME OF MUNICIPALITY City of Sebastian Mayor Ed Dodd Date: 'A.04`1 Ap !f�/1/rim • ir