HomeMy WebLinkAboutR2023-96 Elections Services AgreementRESOLUTION 2023-96
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR
VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2009, the Palm Beach County League of Cities, through its Ad Hoc Committee on
Municipal Elections, negotiated an agreement with the Palm Beach County Supervisor of Elections
to detail and allocate the duties, responsibilities and fees associated with conducting municipal
elections commencing with the 2010 municipal election; and
WHEREAS, the Supervisor of Elections has presented the Village with a Vote Processing
Equipment Use and Election Services Agreement for the 2024 election cycle, and the Village
Council determines that the approval of the Agreement is in the best interests of the residents of
the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Vote Processing Equipment Use and
Election Services Agreement by and between the Palm Beach County Supervisor of Election and
the Village of North Palm Beach, a copy of which is attached hereto and incorporated herein, and
authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
TED THIS 14TH DAY OF DECEMBER, 2023.
-VILLAGE CLERK
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2024 MUNICIPAL ELECTION(S)
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 Village of North Palm Beach,
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 MUNICIPALITY'S 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 Uniform Municipal Election during calendar year 2024, 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
240 South Military Trail, West Palm Beach, FL 33415 1 (561) 656-62001 Info@VotePalmBeach.gov 1 VotePalmBeach.gov
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ARTICLE 3 — OPERATION AND PROGRAMMING SERVICES
3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election
operations (Exhibit "A").
3.2 Vote-Bv-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote -By -
Mail ballot request processed plus actual postage costs, including Return Postage.
MUNICIPALITY shall also pay SOE for each Vote -By -Mail ballot signature verified (Exhibit
«A„
3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote
processing equipment, including any processors or tablets, will be performed exclusively by SOE
and such services are included in all stated charges. However, SOE does reserve the right to seek
reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or
unauthorized acts by any employee or representative of MUNICIPALITY.
ARTICLE 4 — OTHER ELECTION CHARGES
4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct
preparation and poll worker training in accordance with Exhibit "A".
4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or
services not specifically provided for in this Agreement but that may be described or listed in the
Municipal Fee Schedule(s) attached hereto as Exhibits "A" and `B". Where MUNICIPALITY
holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in
Exhibit "A" controls. In all other situations, Run -Off Election and Stand -Alone Election Fee
Schedules set forth in Exhibit `B" control. MUNICIPALITY agrees that the Municipal Fee
Schedule and the prices contained in Exhibits "A" and `B" are subject to change.
4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY
shall pay SOE for any other election services not contemplated herein which may be needed to
conduct an orderly election.
ARTICLE 5 — TERM
For each election, the terms of this Agreement begin with ballot layout and conclude when
ballots have been processed, election results have been certified, all vote processing equipment
has been returned to the SOE's warehouse and an audit, if applicable, has been completed. In the
event of an election contest or challenge, SOE agrees to cooperate in providing any public
records which the SOE maintains or otherwise controls.
ARTICLE 6 — APPLICABLE REOUIREMENTS OF FLORIDA'S ELECTION CODE
MUNICIPALITY shall properly call the election in accordance with any Florida Statutes,
applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal
Clerk is responsible for the conduct of the city's elections and for ensuring compliance with all
applicable Florida Statutes, including the Florida Election Code and any municipal charter
provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the
sole responsibility of MUNICIPALITY.
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ARTICLE 7 — NOTICE AND ADVERTISEMENT OF ELECTIONS
7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections.
SOE shall prepare and arrange for publication of all legal advertising required by state and
federal statutes in both English and Spanish and SOE shall be responsible for obtaining the
accurate and complete translation of any such advertising. If additional advertisements are
required by the MUNICIPALITY'S charter, ordinance(s) or resolution(s), MUNICIPALITY
shall be responsible for preparing and arranging for publication of all such legal advertising
which is not already satisfied under state and federal statutes. MUNICIPALITY shall be
responsible for the accurate and complete translation of any such advertisements.
7.2 Run -Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, 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 — OUALIFYING OF CANDIDATES
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. Except as set forth in the following paragraph, SOE shall complete
signature verification of petitions within 30 days of receipt of the petitions from
MUNICIPALITY.
When MUNICIPALITY provides SOE with candidate petitions before the signature verification
cutoff deadline (before noon of the 28th day preceding the first day of qualifying), SOE will
verify the signed petitions no later than the 7th day before the first day of qualifying. (See
Section 99.095(3), Florida Statutes.) If the candidate reaches the required number of signatures,
SOE will continue to verify timely submitted signed petitions until the candidate indicates in
writing to stop verification.
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 in Coniunction with Presidential Preference Primary Election.
SOE shall place an order for sufficient quantity of Election Day ballots with a third -party printer
as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer if
the MUNICIPALITY's races cause the ballot to add an additional page, in which case
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MUNICIPALITY shall be responsible for the costs of the additional page. MUNICIPALITY
shall pay SOE a per -ballot fee for each Vote -By -Mail ballot printed that is not otherwise being
printed by SOE for the Presidential Preference Primary, including any additional pages required
for MUNICIPLITY'S races or questions.
MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all
ballot information in English. SOE agrees to provide, at MUNICIPALITY's cost and expense,
translation of MUNICIPALITY'S ballot language from English to Spanish, including the name
of the candidates as they are to appear on the ballot, the name of the Municipality, the name of
the election, the title of office or referendum title, explanation, and questions, in accordance with
Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote
machine.
SOE agrees to provide the layout of the ballot(s) based on the information furnished by
MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and
MUNICIPALITY must sign off on ballot proof(s).
Once test ballots are received from the printer, SOE will test all vote processing equipment in
accordance with the standards established by the Florida Division of Elections and any
applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall
receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also
control and limit all access to un-voted ballots while in possession of SOE.
9.2 Run -Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, MUNICIPALITY
will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be
responsible for the cost of providing any translations and must again approve ballot content and
layout prior to printing.
MUNICIPALITY will also be responsible for reimbursing SOE for any and all costs incurred in
accordance with the fee schedule shown in Exhibit "B".
ARTICLE 10 — POLL WORKERS
10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of
trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE
will train all poll workers in accordance with the Florida Election Code and other guidelines,
procedures or regulations as followed or adopted for the conduct of elections in Palm Beach
County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll
worker training sessions. Poll workers shall undergo job specific training and complete required
number of training hours as specified by SOE poll worker department management. All
necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or
transported in poll worker clerk bags.
10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall pay poll workers directly for their services.
10.3 Run -Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, MUNICIPALITY shall pay poll workers directly for their
services in the same amounts/at the same hourly rates that SOE pays poll workers which, as of
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the Effective Date hereof, is set forth in Exhibit `B". If SOE changes the rates of pay/hourly
rates SOE is paying poll workers, MUNICIPALITY agrees to pay the current rates of pay/hourly
rates being paid by SOE at that time.
ARTICLE 11— SELECTION OF POLLING PLACES
SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location
shall meet necessary Americans with Disabilities Act (ADA) requirements. In the event of a run-
off election, MUNICIPALITY shall provide ADA compliant Polling Places.
ARTICLE 12 — SAMPLE BALLOTS
12.1 Uniform Municipal Election in Coniunction with Presidential Preference Primary Election.
SOE shall prepare, proof and deliver sample ballot layout to third -party vendor for distribution to
registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy
of the election date, office, candidate name(s)(including the order of appearance on the ballot),
polling locations, polling places and all other information contained therein. SOE shall
coordinate the mailing of the sample ballots to all registered voters in the municipality prior to
the election, including accurate polling place information.
12.2 Run -Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, SOE shall not
create or mail sample ballots. If MUNICIPALITY wishes to create a sample ballot, SOE will
post it on SOE's website.
ARTICLE 13 — VOTE -BY -MAIL BALLOTS
MUNICIPALITY shall refer all requests for Vote -By -Mail ballots to SOE. Unless
MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary,
SOE agrees to accept all requests for Vote -By -Mail ballots by telephone, mail, email or in
person. SOE also agrees to mail Vote -By -Mail and overseas ballots as requested by registered
voters, receive and securely store any voted Vote -By -Mail ballots, verify the signatures on any
returned voted Vote -By -Mail ballot certificates, facilitate voter signature cures, accommodate
public inspection of Vote -By -Mail ballot mailing envelopes and voter certificates, and account
for all Vote -By -Mail ballots.
SOE may begin processing Vote -By -Mail ballots prior to Election evening, pursuant to Florida
Statute 101.68.
In the event of a run-off election and for all stand-alone municipal elections, if MUNICIPALITY
doesn't use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the
date on which the MUNICIPALITIY's Canvassing Board is to assemble to canvass the Vote -By -
Mail ballots. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to
conduct the Canvassing Board activities. 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 Vote -By -Mail ballots are to be
tabulated. MUNICIPALITY shall provide for collection of results from each precinct (See
Exhibit `B"). MUNICIPALITY must also ensure they have a Canvassing Board member present
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for opening, duplication, tabulation and all other activities requiring Canvassing Board presence
by law.
ARTICLE 14 — TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES
14.1 Uniform Municipal Election in Coniunction with Presidential Preference Primary Election.
SOE will be responsible for delivery and pick up of any vote processing equipment. Election
equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon
date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will
pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to
hire and employ any outside third parties to assist with or perform delivery and pick up of voting
equipment (Exhibit "A").
14.2 Run -Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, the SOE will
maintain responsibility for transportation of equipment and supplies as stated in 14.1.
MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and
pickup in accordance with the fee schedule set forth in Exhibit `B".
14.3 MUNICIPALITY is not permitted to deliver any election equipment.
ARTICLE 15 — LOCATION AND STORAGE OF VOTING EOUIPMENT
All voting equipment shall be stored, maintained and located in a well -protected, secure,
temperature -controlled, indoor room or facility. Once the voting equipment is delivered to a
voting site, no equipment shall be relocated without the prior written approval of SOE.
ARTICLE 16 — CANVASSING OF ELECTION RESULTS
16.1 Uniform Municipal Election in Coniunction with Presidential Preference Primary Election.
SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to
canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any
canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted
Vote -By -Mail ballots are to be tabulated. SOE shall provide for collection of results from each
precinct.
16.2 Run -Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, if MUNICIPALITY doesn't use the County Canvassing
Board, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITIY's
Canvassing Board is to assemble to canvass the results of the election. If applicable,
MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board
activities. 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 Vote -By -Mail ballots are to be tabulated. MUNICIPALITY
shall provide for collection of results from each precinct (See Exhibit `B"). MUNICIPALITY
must also ensure they have a Canvassing Board member present for opening, duplication,
tabulation and all other activities requiring Canvassing Board presence by law.
ARTICLE 17 — AUDITS
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MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including
overtime expenses, for conducting the audit.
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.
ARTICLE 19 — VOTER HISTORY
MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter
history. The date selected for undertaking this activity may occur subsequent to the conclusion of
all election dates and outside of the terms of this Agreement but both parties agree to work
toward recording voter history in a timely manner.
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,
B. Attorneys' Fees and Costs. Actual attorneys' fees and costs incurred by SOE for research
or representation on any election -related matter shall be invoiced by SOE for reimbursement by
MUNICIPALITY.
ARTICLE 21— HOLD HARMLESS COVENANT
To the extent permitted by law, MUNICIPALITY shall at all times hereafter indemnify, hold
harmless and, at SOE's option, defend or pay for an attorney selected by SOE to defend SOE, its
officers, agents and employees against any and all claims, damages, injuries, losses, liabilities
and expenditures of any kind, including attorneys' fees, court costs and expenses, including but
not limited to administrative challenges, civil suits or other legal challenges or appeals that may
arise from the contest of election results or the validation of any candidate qualifications, arising
out of or resulting from any or all acts of omission or commission of or by the MUNICIPALITY,
its officers, agents or employees with respect to any election conducted pursuant to this
Agreement. Except for negligent acts of SOE in performance of this agreement,
MUNICIPALITY also agrees to indemnify SOE against any administrative challenges, civil suits
or other legal challenges or appeals that may arise, including all attorneys' fees and costs, from
the contest of election results or the validation of any candidate qualifications.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
waiver or limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for SOE or
MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any
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judgment which, when totaled with all other judgments, arises out of the same incident or
occurrence. Furthermore, nothing herein shall be construed as consent by the MUNICIPALITY
or the SOE, as a state agency or subdivision of the State of Florida, to be sued by third -parties in
any matter arising out of any contract.
These provisions shall not be construed to constitute agreement by either party to indemnify the
other for such others' negligent, willful or intentional acts or omissions.
ARTICLE 22 — ENTIRETY AND AMENDMENTS
The Agreement embodies this entire agreement between SOE and MUNICIPALITY and
supersedes all prior agreements and understandings relating to the conduct of elections. No
modification, amendment or alteration to this Agreement shall be effective of binding unless
submitted in writing and executed by the duly authorized representatives of both SOE and
MUNICIPALITY.
ARTICLE 23 — 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.
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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.
Wendy Sartory Link
Name (Printed or Typed)
Palm Beach County Supervisor of Elections
Title
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Date
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Witness Signature
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Witness Name (Printed or Typed)
Signature
DocuSigned/� /d-�by:.
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David B. Norris
Name (Printed or Typed)
Mayor
Title
12/14/2023
Date
DocuSigned by:
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Witness Signature
Jessica Green
Witness Name (Printed or Typed)
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EXHIBIT "A"
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Palm Beach County Supervisor of Elections
Schedule of Municipal Election Fees
Presidential Preference Primary and Municipal Elections
2024
Standard Operation and Programming
Polling Place Operations
Ballot Preparation and Printing
Vote -By -Mail (VBM) Ballot Requests and Postage
Post -Election Reporting and Audit
Service Center Operations and Tabulation
Total (small municipality _< 2k registered voters
= $600)
VBM Services Other Than Required for PPP
VBM Ballot Services — Per Ballot Processed
VBM Return Mail Postage Costs — Actual Cost
$750.00
$6.91/Ballot
TBD
1
Unanticipated Costs TBD
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L:XHIBIT "B"
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Palm Beach County Supervisor of Elections
Schedule of Municipal Run-Off/Stand-Alone Election Fees
Presidential Preference Primary and Municipal Elections
2024
General Municipal Run-Off/Stand-Alone Election
Services
Vote -by -Mail Ballot Services
Run-Off/Stand-Alone Election Day Services
Precinct Services (per precinct)
Accounting/Billing
Polling Location Inspection (if applicable)
POLL WORKER PAY
Early Voting hourly rate:
Site Supervisor: $19/hour
Assistant Site Supervisor: $17/hour
Inspector: $15/hour
Election Day lump sum*:
Clerk: $390.00
Assistant Clerk: $250.00
VST: $305.00
Inspector: $230.00
Precinct Deputy: $200.00
Standby Poll Worker (deployed by SOE): Paid at rate for
the position which they are trained
*Rate of pay is a lump sum that includes training and election day. The Clerk and
VST pay rate also includes Monday set-up.
Any additional items requested by the municipality will be
invoiced separately
On call support ($2500 range)
VBM Return Postage Fees
Estimated Costs
*Itemized invoices will be provided in the event of a run-off election.
$7.11/Ballot
$7,195.66
$596.24
$141.36
$ 66.53
TBD
Invoiced by
Vendor TBD
$ .60