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2019-R-02 - Special Election & Agreement RESOLUTION NO 2019-11-02 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; CALLING A SPECIAL ELECTION - PRIMARY (IF NECESSARY) AND GENERAL, TO FILL THE VACANCY IN CITY COUNCIL - DISTRICT 2 FOR THE UNEXPIRED TERM; ESTABLISHING A QUALIFYING PERIOD; PROVIDING FOR A CANVASSING BOARD; APPROVING AN AGREEMENT WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS TO CONDUCT THE ELECTION AND TO PROVIDE POLL WORKERS; ELECTING NOT TO PROVIDE EARLY VOTING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on January 3, 2019 District 2 Councilwoman Amy Vogt submitted her Notice of Resignation effective January 4, 2019. WHEREAS, pursuant to Section 3.09 (d)(4) of the City Charter, a vacancy in the Council shall be filled by special election when the vacancy occurs with more than six (6) months before the next regularly scheduled election. The next election is scheduled for the fall of 2020,therefore the City Council must fill the vacancy by special election. WHEREAS,pursuant to Section 3.09 (d)(4)of the City Charter, the special election shall be scheduled not sooner than 60 days, nor more than 90 days following the occurrence of the vacancy and if a primary is necessary, it shall be held as required by the election laws of the State of Florida. WHEREAS, therefore the special election to fill the vacancy in District 2 must occur no sooner than March 5, 2019(60 days)and no later than April 4,2019 (90 days). WHEREAS, City Council has selected February 19, 2019 as the date for the Special Primary Election(if needed) and April 2, 2019 as the date of the Special General Election. 1 Stroek threugh passages are deleted Underlined passages are added 02019-R-02 WHEREAS, the City must designate a canvassing board to canvass the results of the special election. WHEREAS, the City most enter into a contract with the Volusia County Supervisor of Elections to conduct the special election,which will include providing poll workers. NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater Florida. SECTION 1. The City Council hereby calls a Special Election — Primary to occur on February 19, 2019 as the date for the Special Primary Election (if needed) and April 2, 2019 as the date of the Special General Election, to fill the vacancy in District 2 with the candidate elected to serve the unexpired term of District 2. SECTION 2. The City Council hereby establishes the qualifying period for the Special Election — Primary, commencing at noon on Monday, January 14, 2019 ending at noon on Wednesday,January 16,2019. SECTION 3. The City Council hereby appoints Robin Matusick, City Clerk/Paralegal and Brenda Dewees, Interim City Manager as the City of Edgewater's canvassing board for this election. SECTION 4. The City Council hereby approves the attached agreement with the Volusia County Supervisor of Elections marked as Exhibit"A" and authorizes the Interim City Manager to execute same. SECTION 5. The Volusia County Supervisor of Elections shall provide all poll workers for this election pursuant to the approved agreement. 2 94melc thmuo passages are deleted Underlined passages are added #2019-R-02 SECTION 6. The City hereby elects not to provide for early voting for the Special Election—Primary and Special Election—General. SECTION 7. Conflicting Provisions. All conflicting ordinances and resolutions are hereby superseded by this resolution to the extent of such conflict. SECTION 8. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holdings shall not affect its applicability to any other person,property, or circumstance. SECTION 9. Effective Date. This resolution shall become effective immediately upon passage and adoption. 3 �gk passages are deleted Underlined passages are added #2019-R-02 SECTION 10. Adoption. After Motion by C'exx,rJnYno, C)'hoe-Pd with Second by e0L o, (4 �.a 7bL,7n- the vote on this resolution held on January 7,2019 was as follows: AYE NAY Mayor Mike Thomas V Councilwoman Christine Power DISTRICT 2 VACANT Councilwoman Megan O'Keefe Councilman Gary Conroy �. PASSED AND DULY ADOPTED this 7th day of January, 2019. ATTEST CITY COUNCIL OF THE CITY OF EDGE TER.FLrIRIDA Robin L. Matusick Mi ce as City Clerk/Paralegal r For the use and reliance only by the City of Approved by the City Council of the City of Edgewater,Florida. Approved as to form and Edgewater at during the Council meeting held legality by: Aaron R. Wolfe,Esquire on the 7th day of January, 2019 under Agenda City Attorney Item 8 Doran,Sims,Wolfe&Kundid 4 Stmelc diFeugh passages are deleted Underlined passages are added 42019-R-02 AGREEMENT FOR SERVICES AND MATERIALS FOR MUNICIPAL ELECTION(PER ELECTION) Election Name: City of Edgewater Primary Election, if needed Election Name: City of Edgewater General Election Election Dates: 2/19/2019 and 4/2/19 Early Voting: 5 days Begins: February 11,2019 Ends: February 15, 2019 Book Closing Date: January 21, 2019 Qualifying Period: Monday,January 14 @ 9 am, Wednesday, January 16,2019 @ 12 noon Logic&Accuracy Test Date: 2/8/2019 Time: 9:00 AM Poll Worker Training: 2/4/19 in Edgewater Location: TBD Parties to Agreement: Volusia County Department of Elections (Department) City of Edgewater (Municipality) 1. Candidate qualifying is responsibility of city. Method of qualifying is: Verification of signatures on qualifying petitions will be performed by Department at 10 cents per name. City to remind qualifiers to get petitions in early or run the risk of not having enough signatures by deadline. Candidates most submit payment for verification at time of submission. Payment most be drawn on campaign account and made payable to the County of Volusia 2. Department will provide City one set each of recommended materials for candidate and political committee packets,at no charge. City to notify candidates and political committees of date and time of Logic&Accuracy Test. 3. Department will program the voting system software for each ballot style and obtain City approval prior to placing printing order. Charge for designing and programming will be $90 per ballot style. $ 90.00 Date ballot information to be provided to Department: Pri/Geneml 1/16/2019 Gen/Runoff 2/20/2019 (Candidates' names are to be spelled exactly as candidates desire them to appear on ballot, but no more than 24 spaces in length. For verification,City most fax to Department a copy of Loyalty Oath sworn by candidate upon qualifying.(fax number 386-943-7073)) Page 1 5. Date Department to submit ballot proof to city for approval: 1/16/2019 Date ballot proof approval by City is due to Department: 1/16/2019 6. Number of city-wide ballots to be ordered: Vote by Mail Ballots Early Voting Ballots Poll Ballots Precinct 901 Precinct 901 n/a Precinct 901 Precinct 902 Precinct 902 wa Precinct 902 Precinct 903 5,000 Precinct 903 n/a Precinct 903 12,000 Precinct 904 Precinct 904 n/a Precinct 904 Precinct 910 Precinct 910 wa Precinct 910 Precinct#: Precinct#: Precinct#: 7. City will pay printer directly for printing costs. Prices are as follows: I 1 inch Ballot=$2001M Test Decks-$35 setup per/precinct plus standard per/ballot charge Shipping-City will be billed for actual shipping charges Vote by mail envelope sets: 5,000 X $ 0.20 = $ 1,000.00 8. Department will mail advance notice to overseas electors at no charge. 9. Department to process requests for vote by mail ballots. City will be charged $.20 per ballot, plus postage,for each ballot processed. Anticipated Number Of VBM Ballots: 5,000 X $ 0.20 = $ 1,000.00 Anticipated Number Of EV Ballots: - X $ 0.20 = $ - Anticipated Number Of Precinct Ballots: 12,000 X $ 0.20 = $ 2,400.00 Anticipated Postage: 5,000 X $ 0.55 = $ 2,750.00 Anticipated Return Postage: 5,000 X $ 0.55 = $ 2,750.00 10. City is responsible for scheduling use of polling places. Department will provide City a list of all polling place facilities containing precinct number, name, address, contact information, and rental rates. City is responsible for drawing up contracts, having them signed, providing copies to the Department, and paying owners of facilities for their use. 11. If change of polling location becomes necessary the Department is responsible for mailing"Polling Place Change Notices" to affected voters. A charge of 25 cents per voter will be billed to the City for this service when final election costs are calculated. 12. The Department is responsible for scheduling poll workers for training class and election day assignments. Optimal staffing is 5 poll workers. Charge is $2.00 per poll worker for staff scheduling Number of poll workers to be assigned: 30 X $ 2.00 = $ 60.00 The Department will notify municipalities of the appointment of all election boards pursuant to F.S. 102.012. 13. City (candidates) is responsible for submitting the names of proposed poll watchers to the Department at least two weeks prior to the begim�5n,�I Early Voting and two weeks prior to Election Day for the Department to certify and include a'iist with precinct supplies. Early Voting Deadline Date: 1/28/2019 @ 12 pm Election Day Deadline Date: 2/5/2019 @ 12 pm 14. Department is responsible for arranging for transport of equipment to and from polling places, estimated charge to be based on: $ 250.00 per polling place Anticipated Number Polling Locations: 5 X $ 250.00 = $ 1,250.00 15. Precinct Location Rental 5 Locations $ 500.00 16. All advertising required by law is the responsibility of the City. However, if the City desires, it may choose to take part in group advertisements of the Logic & Accuracy Test/Canvassing Board meetings/polling place change notice,early voting notice and the sample ballot/list of polling places. For the group advertisement, the Department will do the ad layout and contract for advertising. The City's pro rota share of the cost of the advertisements will be based on the percentage of overall space used for the City in the ads. The City will be billed for its costs after the Department receives the bill for the advertisements. Note: Advertising required by city charter or state statutes is the sole responsibility of the City; please consult your attorney. 17. Canvassing Board members will be: City Clerk Interim City Manager Total number of City representatives who will need to sit at Canvassing Board table: 2 Page 3 Canvassing Board or its representative will be present for the Logic&Accuracy Tests and will convene at 4:00 p.m. on election day to begin canvassing the absentee ballots. City will certify the election results and file necessary documentation with the proper authorities. 18. Department will conduct early voting at no charge if held at the Dept. of Elections only. If City wishes to have an early voting site in addition to the Department of Elections the estimated $ cost is$5000. 19. Overtime Number of employees 5 X $ 150.00 = S 750.00 City is responsible for paying salaries and instruction class pay directly to poll workers. Department will provide City with payroll sheets as soon as possible following the election. 20. Poll Worker Training&Election Day Number of polling locations 5 X $ 225.00 = $ 1,125.00 Number of polling locations 5 X $ 950.00 = $ 4,750.00 21. City is responsible for paying Department for supplies/printed materials provided to Polling Places. Number of precincts 5 X $ 10.00 = $ 50.00 Total Contract: $ 18,475.00 22. City deposit(50%)due by: 121/2019 $ 9,237.50 23. Balance due by: 3/12019 SOE will send final invoice. 24. Two original signed contracts due to Department on: 1/162019 NOTE: AMOUNT OF DEPOSIT IS BASED ON ESTIMATED COSTS. THE DEPARTMENT WILL DO EVERYTHING POSSIBLE TO KEEP COSTS AT A MINIMUM AND WILL REFUND TO CITY ANY DEPOSIT MONIES NOT ACTUALLY NEEDED FOR ELECTION PURPOSES. SHOULD UNEXPECTED CIRCUMSTANCES CAUSE COSTS TO RUN HIGHER THAN THE AMOUNT DEPOSITED, CITY IS RESPONSIBLE FOR PAYING THE OVERAGE. Signed: OLC,-, Date: � - 7-�9 Or Department) �7 �/ �2J/ /JXIjJ,(p.QLj Date: A 7/7 (for City) Page 4