HomeMy WebLinkAboutIII (B) Approval and Authorization for the Mayor and City Clerk to execute the Vote Processing Use Agreement with Orange County Supervisor of Elections for the 1999 Municipal Elections Agenda 1-05-99
Ocoee City of Ocoee Item III B
Jean Grafton
150 NORTH LAKESHORE DRIVE City Clerk
OCOEE, FLORIDA 34761-2258
Or 000V (407) 656-2322
FAX(407) 656-5725
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Jean Grafton, City Clerk
Date: December 22, 1998
Re: Vote Processing Equipment Use Agreement and Election Contract
with Supervisor of Elections
BACKGROUND
Florida State Statutes require that certain procedures be followed and certain equipment be
used by municipalities in counties with a population exceeding 260,000. The Board of County
Commissioners has authorized the Supervisor of Elections to lease the needed equipment to the
City of Ocoee, and the attached contract with the Supervisor of Elections provides for that
leasing as well as for other necessary supplies and services for the 1999 municipal election.
RECOMMENDATION
That the Honorable Mayor and City Commission approve the Vote Processing Equipment Use
Agreement and Election Contract with the Supervisor of Elections and authorize the Mayor
and City Clerk to execute same.
"PRIDE OF WEST ORANGE"
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BILL COWLES ¢ T OUR MISSION IS TO:
Supervisor of Elections o \/O T . r Ensure the integrity of the electoral process.
Orange County, Florida
cc ` ►n Enhance public confidence.
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O . Encourage citizen participation.
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VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTION CONTRACT
This Agreement is entered into by and between the Orange County Supervisor of Elections,
hereafter referred to as Lessor, and the City of Ocoee, Florida, hereafter referred to as Lessee.
PREMISES:
1. Lessor is the legal custodian of Orange County Voting Machines and is charged with the
responsibility for custody and maintenance of those machines. (Florida Statutes. 101 .31.)
2. Lessee desires to conduct an election requiring the use of vote processing equipment and
desires to use said equipment to count ballots.
3. The Board' of County Commissioners of Orange County has authorized the leasing of voting
equipment and approved certain terms and conditions set forth below. (Florida Statutes, 101 .36.)
NOW, THEREFORE, in consideration of the premises and of the mutual promises, terms and
conditions stated below and on the attached Summary of Responsibilities, Lessor and Lessee agree
as follows:
SECTION 1. Agreement. Lessor shall lease to Lessee and Lessee will lease from Lessor
voting machines according to the terms and conditions stated below, for a General
Election to be held on March 9, 1999, and a Runoff Election (if necessary) to be held
on April 13, 1999.
SECTION 2. Voting equipment leased_This lease covers use of one tabulator per
precinct identified by serial number on a release form to be signed by Lessee upon
receipt of election materials. Also included are counting of absentee ballots on IV-C
Absentee Ballot Counting equipment.
SECTION 3. Lease price. Lessee shall pay to Lessor One Hundred Fifty Dollars •
($150.00) for the first of each uniquely programmed Eagle lEI-PE tabulators leased
and Seventy-five Dollars ($75.00) for each additional tabulator leased.
Lessee shall pay to Lessor Two Hundred Dollars ($200.00) for use of IV-C Absentee
Ballot Counting equipment and Two Dollars ($2.00) per thousand absentee ballots
counted for each Orange County Supervisor of Elections' staff person involved.
WPDOCS\Contracts\Cont_Resp Ocoee.98
119 West Kaley Street,Orlando - Reply to: Post Office Box 562001, Orlando, Florida 32856
Phone(407)836-2070 ■ Fax(407)317-7633 • TDD(407)422-4833 • Internet: www.ocfelections.com
Lessee shall also pay for expendable precinct supplies for each precinct at Fifty Dollars
($50.00) per precinct. Lessee will pay the cost incurred to produce and bind Precinct
Register/Poll Lists and Street Indexes, and any other lists ordered for this election.
Lessee will be charged $.10 for each petition and absentee ballot signature checked.
Lessee shall pay Lessor$.75 for each absentee ballot request processed plus actual
postage costs.
Lessee shall pay Lessor for other election services and perform the actions which are
listed in the attached Summary of Election Responsibilities.
SECTION 4. Term. For each election, the term of this lease begins with ballot layout and ends when
ballots have been processed, results obtained, and voting equipment has been returned
to the election warehouse. In the event of an election contest or challenge, Orange
County Supervisor of Elections agrees to cooperate in providing any public records in
which the Supervisor of Elections is the original document holder and Supervisor of
Elections witnesses as necessary.
SECTION 5. Ballot services. Lessee shall furnish all ballot information--including election name
and information as to races-- in both English and Spanish six weeks prior to election.
Lessor will lay out ballot(s) from information furnished by Lessee and provide camera
ready copy to the approved printer. Lessee will place ballot order with printer. Both
Lessor and Lessee will sign off on ballot proof(s). Lessor will program the tabulators
to count said ballots and test ballots received from printer, in accordance with Florida
Law.
SECTION 6. Operation Personnel. Lessee will select poll workers. Lessor will train poll
workers. Lessee will pay poll workers directly for their services. "Troubleshooting"
services for malfunctioning equipment will be performed by LESSOR only.
SECTION 7. Transportation of leased machine. Lessor will be responsible for delivery
and pick up of leased equipment for the General Election. Equipment will be
delivered/picked up by Lessor on dates specified in attached Summary of
Responsibilities.
SECTION 8. Location of leased equipment . Lessor shall approve the Polling Place for use of each
leased machine. Each machine shall be located in a covered and protected area. Once
placed on site, no machine shall be relocated without prior consent of Lessor.
SECTION 9. Hold Harmless Covenant. To the extent permitted by applicable law,Lessee hereby
agrees to indemnify and hold harmless the Orange County Supervisor of Elections, his
officers, agents, and employees, from and against any and all claims, damages,
injuries, losses and expenses, including reasonable attorney's fees, arising out of or
resulting from any or all acts of omission or commission of or by the Lessee, its
officers, agents, and employees, with respect to any and all use, operation,
maintenance or custody of the voting machines covered by this Lease Agreement.
WPDOCS\Contracts\Cont_Resp_Ocoee.98
SECTION 10. Modification. No modification of this agreement shall be effective unless in writing
signed by both parties.
SECTION 11. Effective date. This Agreement shall take effect on the latter of the two
dates set forth below.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement on the dates set forth
below.
ORANGE COUNTY SUPERVISOR OF CITY OF.00OEE, FLORIDA
ELECTIONS,
LESSOR` LESSEE
By: .. 1‘-y By:
Bill C. les
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ATTEST: _ !' ` -‘`' ATTEST:
Date: - i3 Date:
WPDOCS\Contracts\Cont_Resp_Ocoee.98
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BILL COWLES Q OUR MISSION IS TO:
Supervisor of Elections
Orange County, Florida
Ensure the integrity of the electoral process.
cc of Enhance public confidence.
o Encourage citizen participation.
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SUMMARY OF RESPONSIBILITIES
CITY OF OCOEE GENERAL ELECTION MARCH 9, 1999
AND RUNOFF APRIL 13, 1999
The following is a summary of election activities and a notation of the jurisdiction responsible for the
same. All areas of the election code are not included below. The Municipal Clerk is responsible
for the conduct of the elections and for following all applicable statutes with accuracy and
completeness. Your attorney should examine this Contract and Summary of Responsibilities
QUALIFYING CANDIDATES:
City will:
• Provide qualifying packets to candidates and accept and process all qualifying papers and fees,
including 1 % Election Assessment required by F.S. 99.093 as amended in 1997.
• Pay to Supervisor of Elections ten cents per name checked to verify signatures on qualifying
petitions if petitions are part of qualifying process.
Supervisor of Elections will:
• Verify signatures on any qualifying petitions submitted by City.
BALLOT:
City will:
• Place order for quantity of ballots with designated printer and pay printer
directly for the ballots.
• Submit all ballot information in English and Spanish (including City title, name of election,
referendum title and explanation, and questions) six weeks prior to election
• Sign off on approval of ballot proof.
Orange County Supervisor of Elections will:
• Lay out, check, proof, and deliver ballot layout to printer.
• Receive, securely store and account for ALL ballots.
• Control all access to unvoted ballots.
119 West Kaley Street, Orlando ■ Reply to: Post Office Box 562001, Orlando, Florida 32856
wmoRsigtretbfft e. 3 Fax(407)317-7633 ■ TDD(407)422-4833 ■ Internet: www.ocfelections.com
APPLICATIONS/ISSUING/COUNTING ABSENTEE BALLOTS:
NOTICE OF ELECTION:
City Will:
• Reimburse Orange County Supervisor of Elections for any data charges.
• Pay for printing, envelopes, postage and other supplies (All voting materials
must be printed in English and Spanish)
• Reimburse Orange County Supervisor of Elections for postage costs.
Orange County Supervisor of Elections will:
• Mail Notice of Elections to each qualified elector residing overseas who is registered in the
City of Ocoee and has requested absentee designation.
ABSENTEE VOTING:
City Will:
• Pay Supervisor of Elections $.75 and actual postage costs for each absentee
ballot application processed.
• Pay Supervisor of Elections $.10 for each signature checked.
• Pay$200.00 IV-C charge plus $2.00/M per staff member involved in counting absentee
ballots.
• Convene canvassing board to determine which voted absentee ballots will be counted.
• Provide staff assistance for opening and handling absentee ballots during counting process.
• Coordinate absentee ballot opening and counting with Supervisor of Elections.
Orange County Supervisor of Elections will:
• Provide secure storage for any ballots while in Supervisor of Elections' custody.
• Accept absentee ballot applications and issue absentee ballots to qualified electors.
• Verify signatures on returned voted absentee ballot certificates.
• Program IV-C to count absentee ballots.
• Provide qualified staff to operate IV-C equipment to count absentee ballots.
POLL WORKERS:
City will:
• Select and pay poll workers directly.
Orange County Supervisor of Elections will:
• Train poll workers
WPDOCS\Contracts\Cont Resp_Ocoee.98
POLLING PLACES:
City will:
• Arrange for use of and pay any rental fees directly to polling places.
• Provide telephone service in voting room if none available.
• Make polling places accessible to handicapped and elderly voters.
• Provide tables and chairs for poll workers and handicapped/elderly voters if none provided in
polling place.
• Notify the Orange County Supervisor of Elections not less than thirty days prior to the election
that a polling place will be moved to another site.
• The city will incur costs of Orange County Supervisor of Elections mailing, at least 14 days
prior to the election, voter ID cards for notification of change of the polling place(s) involved.
Orange County Supervisor of Elections will:
• Approve polling place.
• Mail new voter ID cards, for notification of change of the polling place(s), at least 14 days
prior to the election.
PRECINCT SUPPLIES:
City will:
• Pay for precinct supplies ($50.00 per precinct)
• Arrange for precinct clerk to collect and check supplies and ballots prior to election.
• Provide a secure place for precinct clerk(s) to return supplies and voted and unvoted ballots on
election night.
• Pay production and binding cost for Poll Lists/Precinct Register& Street Index(es).
Orange County Supervisor of Elections will:
• Prepare and pack all supplies and ballots needed for election precincts.
• Print and bind Poll Lists/Precinct Registers and Street Index(es)
BALLOT TABULATING EQUIPMENT
City will:
• Pay$150.00 rental fee for the first of each identically programmed tabulator and $75.00 for
subsequent tabulators with the same program.
• Pay $200.00 for use of IV-C tabulator and $2.00 per thousand ballots processed for each
member of election office staff involved in counting of the absentee ballots.
Orange County Supervisor of Elections will:
• Prepare, program and test tabulating equipment for polling places and absentee ballots.
• Conduct public test of tabulating equipment. •
• Provide stand-by personnel for troubleshooting.
• Train personnel to operate equipment.
• Ready precinct tabulators and other election equipment and deliver to the assigned polling
places on March 8, 1999 and pick up on March 10, 1999.
WPDOCS\Contracts\Cont_Resp_Ocoee.98
RESULTS:
City will:
• Provide for collection of results from precinct.
Orange County Supervisor of Elections will:
• Program tabulators to print out correct results.
ADVERTISING:
City will:
• Prepare and arrange for publication of all legal advertising required by state and federal
statutes, city charter&city ordinances. (Advertising must be published in English and
Spanish)
Orange County Supervisor of Elections will:
• Provide samples of required advertising upon request. (English only)
RETENTION OF ELECTION RECORDS:
City will:
• Store all necessary election records and ballots until expiration of retention period prescribed
by Statutes.
Orange County Supervisor of Elections will:
• Process and retain affirmation forms.
• Sort, inventory, and pack, all election materials and ballots for pick up by City Clerk for
retention and disposition.
ORAN E COUNTY SUPERVISOR OF CITY OF OCOEE,FLORIDA
ELECiONS
By:t. ` 1 By:
Bill Cowles
Date: Ire ' 1-7 1 ? Date:
WPDOCS\Contracts\Cont_Resp_Ocoee.98