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HomeMy WebLinkAboutIII(B) Approval And Authorization For Mayor And City Clerk To Execute The Vote Processing Equipment Use Agreement And Election Contract With Orange County Supervisor Of Elections For The 1997 City Election AGENDA 12-17-96 �. Item III B Ocoee City of Ocoee o 150 N. Lakeshore Drive Jean Grafton et, 4. Ocoee, Florida 34761-2258 City Clerk E4 Of coon`` (407) 656-2322 FAX (407) 656-5725 MEMORANDUM To: The Honorable Mayor and City Commission From: Jean Grafton, City Clerk Date: December 12, 1996 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 1997 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" Page 2.Election Contract Ocoee General Election to be held February 25, 1997 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. SECTION 4. Term. The term of this lease begins with ballot layout and ends on when ballots have been processed, results obtained, and voting equipment is returned to the election warehouse. SECTION 5. Ballot services. Lessee shall furnish ballot information in both English and Spanish at least six weeks before the general 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 Eagle Tabulators and IV-C equipment to count said ballot(s) and test ballot(s) received from printer. SECTION 6. Operation Personnel. Lessee will select the election boards and pay directly for their services. Lessor will train personnel selected. "Troubleshooting" services for malfunctioning equipment will be performed by LESSOR only. SECTION 7. Transportation of leased machine. Leased machine will be picked up by lessee from the Election Warehouse located at the rear of 119 W. Kaley St. on Monday, February 24, 1997, and returned to the same location on Wednesday, February 26, 1997 SECTION 8. Location of leased equipment . Lessor shall approve the location of each leased machine(s). Each machine shall be located in a covered and protected area. Once placed in position, no machine shall be moved to another location without prior consent of Lessor. soeopkl/cont-mun.con rev.11-27-96 • 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, 101.34. 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 machines 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, 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 an election to be held on February 25, 1997 and a runoff to be held March 25, 1997. SECTION 2. Voting equipment leased. This lease covers use of two Eagle voting machines, identified by serial number on a release form to be signed by you 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 eacl-. uniquely programmed machine leased, and Seventy Five ($75.00) for each identically programmed machine. 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. Also included in this contract are expendable precinct supplies for two precincts at $50.00 per precinct. Lessee will pay charges incurred to produce and bind Precinct Register/Poll lists and Street Indexes, and any other lists ordered for this election. soeopkl/cont-mun.con rev.11-27-96 Page 3 Election Contract Ocoee General Election to be held February 25, 1997 SECTION 9. Hold Harmless Covenant. To the extent permitted by applicable law, Lessee Hereby agrees to indemnify and hold harmless the Supervisor of Elections, her 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. 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 ELECTIONS, CITY OF OCOEE,FL LESSOR ? LESSEE BETTY CARTEReat.- By: ATTEST: / ATTEST: soeopkl/cont-mun.con rev.11-27-96