HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute the Vote Processing Equipment Use Agreement and Election Contract with SOE Agenda 1-04-2000
Item III B
C'f..A II R OF GOOD LII7AC- l'RIDF OF II"E.S7 OR.1.AGF. MAYOR•COMMISSIONER
Ocoee S. SCOTT VANDERGRIFT
CITY OF OCOEE
COMMISSIONERS
Vik a 150 N. LAKESHORE DRIVE DANNY HOWELL
p ( SCOTT ANDERSON
OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON
(407)656-2322 NANCY J.PARKER
Eq Of G00'0 N` FROM THE OFFICE OF JEAN GRAFTON, CITY CLERK CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
To: The Honorable Mayor and City Commissioners
From: Marian Green, Acting City Clerk
Date: December 28, 1999
Re: Vote Processing Equipment Use Agreement and Election Contract
with Supervisor of Elections
Issue
Should the Honorable Mayor and City Commissioners approve the Vote Processing Equipment
Use Agreement and Election Contract with the Orange County Supervisor of Elections for the
General Election on March 14, 2000 and possible Run-off of April 11, 2000?
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. As the March 14 election for Commission Districts 2 and 4 will be held in
conjunction with the Presidential Preference Primary, the City will need to lease the equipment
only if the April 11 Run-off election is necessary. The attached contract with the Supervisor of
Elections provides for leasing of equipment for April 11 as well as for other necessary supplies
and services for the March 14 and April 11, 2000 municipal election(s).
Recommendation
It is respectfully recommended that the Honorable Mayor and City Commissioners approve the
Vote Processing Equipment Use Agreement and Election Contract with the Supervisor of
Elections and authorize execution by the Mayor and City Clerk.
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BILL COWLES - OUR MISSION ISTO:
' m Ensure the integrity of the electoral process.
Orange County, Florida o
Supervisor of Elections o m Enhance public confidence.
. Encourage citizen participation.
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SUMMARY OF RESPONSIBILITIES
CITY OF OCOEE
General Election March 14, 2000 & Run-off Election April 11, 2000
The following is a summary of selected election activities and a notation of the jurisdiction responsible
for the same.
Unless otherwise specified, each responsibility listed covers both the General and Run-off Elections.
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 accu racy and
completeness. Your attorney should examine this contract and Summary of Responsibilities.
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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 Orange County 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.
:J:iLl.v I.
City will:
• Place order for quantity of ballots with designated printer.
• Pay printer directly for the ballots for Run-off Election.
• Submit all ballot information in English.and Spanish (including City title, name of election,
referendum title and explanation, and questions) 6 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.
Y Receive, securely store and account for ALL ballots.
Control all access to unvoted ballots.
• Assign ballots by number for absentee and Polling Places.
y Assume cost of ballots for General Election.
• Mail Sample Ballot to all City of Ocoee registered voters prior to General Election including
Polling Place information and map.
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
APPLICATIONS/ISSUING/COUNTING ABSENTEE BALLOTS:
NOTICE OF ELECTION:
Orange t�t�� iige County Supervisor of Elections will:
Mail Notice of Elections to Overseas voters, Military &Military dependents, disabled voters
who have requested absentee designation, and nursing home residents.
Notices will be mailed by November 10, 1999 for the March 14, 2000 General Election.
ABSENTEE VOTING:
City will:
Reimburse Orange County Supervisor of Elections for postage costs for Run-off Election.
Pay Supervisor of Elections $.5 for each absentee ballot mailed for Run-off Election.
• Pay Orange County Supervisor of Elections $.10 per signature for verifying signatures on returned
voted ballot certificates for Run-off Election.
Refer all requests for absentee ballots to Orange County Supervisor of Elections.
Orange County Supervisor of Elections will:
Accept all requests for absentee ballots by telephone, mail, or in person(observing any limits
imposed by City Code).
r Timely mail overseas ballots and other absentee ballots in accordance with F.S. 101.62.
.
• Receive voted absentee ballots.
• Verify signatures on returned voted absentee ballot certificates.
Account for ail absentee ballots.
r Provide secure storage for any ballots while in Orange County Supervisor of Elections custody.
ABSENTEE BALLOT COUNTING:
City will:
• Canvass results from polling places and absentee ballots far Run-off Election.
Orange County Supervisor of Elections will:
Conduct public testing of Logic and Accuracy far absentee ballot tabulating equipment.
Provide secure storage for any ballots while in Orange County Supervisor of Elections' custody.
city and Orange County Supervisor of Elections will make mutually acceptable arrangements for
canvassing results from polling places and absentee ballotsots for General Election.
POLL WORKERS:
City will:
Select poll workers and pay poll workers directly for Run-off Election.
Orange
t,. County L•t►urltyY Supervisor of Elections will:
Select and train poll workers for General Election.
POLLING PLACES:
City will:
- Arrange for use of and pay any rental fees directly to polling place for Run-off Election.
Provide phone service for Run-off Election if it has not already been provided by SOE for General
Election.
• Make polling place accessible to handicapped and elderly voters for Run-off Election.
• Notify the Orange County Supervisor of Elections not less than thirty days prior to the
Run-off 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 Run-off Election, voter ID cards for notification of change of the polling place(s) involved.
Orange County supervisor of Elections will:
Provide phone service at each polling place for General Election and maintain serNice at those
polling places to be used by City for Run-off Election.
- Approve polling places.
r Mail new voter ID cards, for notification of change of the polling place(s), at least 14 days prior to
the election.
▪ Provide�_ tables
i_1_- and i__ :- poll
i__ _��_ i voters
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Provide tables chairs for poll workers and handicapped/elderly voters if none provided by
polling place.
▪ Mail Sample Ballot to all City of Ocoee registered voters prioi`to General Election including
Polling Place information and map.
Mail Sample
__ _i_ Ballot all City - Run-off a •
wail Sample Postcard to of Ocoee registered voters prior to Run-off Election
including Polling Place information and map.
• Poll Workers will distribute polling place notice to City of Ocoee voters at polling place on
General Election day informing voter of polling place location for Run-off Election.
PRECINCT SUPPLIES:
City will:
Pay for precinct supplies ($50.00 per precinct) Run-off Election.
for ._. to i and 1 i' and i i_��'___
Arrange precinct clerk(s) collect check supplies ballots prior to election and return
election supply boxes, voted and unvoted ballots to Orange County Supervisor of Elections office
on election night for Run-off Election.
Pay production and binding cost for Poll Lists/Precinct Register & Street Index(es) Run-off
Election.
Provide any special envelopes, payroll sheets& other special materials Run-off Election.
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).
VOTING HISTORY:
City and Orange County Supervisor of Elections will make mutually acceptable arrangements for
recording voting history at a later date.
ORANGE COUNI Y SUPERVISOR OF CifY OF OCOEE, FLORIDA
ELECTIONS
By: By:
Bill Cowles
Date: Date:
BALLOT TABULATING EQUIPMENT
City will:
Pay $150.00 rental fee for the first of each programmed tabulator and $75.00 for subsequent
tabulators with the same program for Run-off Election.
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.
• Deliver and pick up election equipment.
RESULTS:
City will:
Provide for collection of results from precinct for Run-off Election.
f Will reimburse SOF, for month of April phone billing for polling place with SOE activated phone
line if Run-off Election is necessary.
Orange County Supervisor of Elections will:
Program tabulators to print out correct results. {-
Instruct Precinct Clerk to print two additional tabulator results tapes for City Clerk.
• Phone lines at those polling places used by City for Run-off Election will remain active until
April 12, 1999.
ADVERTISING:
City will:
Prepare and arrange for publication of all legal advertising required by City Charter& City Code.
(Advertising must be published in English and Spanish) for the Run-off Election.
Orange County Supervisor of Elections will:
Prepare and arrange for publication of all legal advertising required by State and Federal Statutes
for General Election.
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 Affirmation forms. Sort, inventory, and pack, all election materials for pick up by City
Clerk for retention and disposition.
C.O,avES•S Upk.
BILL COWLES OUR MISSION IS TO:
Supervisor of Elections o \/ -. 1= ` Ensure the integrity of the electoral process.
rn• Enhance public confidence.
Orange County, Florida o y Encourage citizen participation.
iv'J0)39N00
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 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
Run-Off Election(if necessary) to be held on April 11, 2000.
SECTION 2. Voting equipment leased. This Lease covers use of one tabulator per precinct
identified by serial number.
SECTION 3. Lease price. Lessee shall pay to Lessor One Hundred Fifty Dollars
($150.00) for the first of each uniquely
gdprogrammed
t onal prole III-PE tabulators leased
grammed tabulator leased.
and Seventy-five Dollars ($75.00) for each a
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.
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 pay the 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 on March 15, 2000 if Run-
off is necessary. 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 ballot(s) and test ballot(s) 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.
Lessor will provide personnel to verify voter records on election day.
SECTION 7. Transportation of leased machines. Lessor will be responsible for delivery
and pick up of leased equipment. Equipment will be delivered by Lessor from the
• Election Warehouse on a mutually agreed upon date. Equipment will be picked up
and returned to the Election Warehouse on the day following each election by Lessor.
SECTION 8. Location of leased equipment . Lessor shall approve the site 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.
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 OCOEE, FLORIDA
ELECTIONS,
LESSOR LESSEE
By: By:
Bill Cowles
ATTEST: ATTEST:
Date: Date: