HomeMy WebLinkAboutIII (E) Approval and Authorization for Mayor and City Clerk to Execute the Vote Processing Equipment Use Agreement and Election Contract with the Orange County Supervisor of Elections Agenda 1-07-2003
Item III E
Mayor ,�.ce Center of Good Glv�R Commissioners
S. Scott Vandergrift Danny Howell, District 1
Scott Anderson, District 2
City ManagerOCOEE Rusty Johnson, District 3
Jim Gleason �, 4 : i-, j� Nancy J. Parker, District 4
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
FROM: Jean Grafton, City Clerk
DATE: January 3, 2003
RE: Vote Processing Equipment Use Agreement and Election Contract
Florida Statutes require cities to use the equipment provided by the county supervisor of elections
for municipal elections. The City of Ocoee election for Commissioners for District 2 and District 4
will be held March 11, 2003 and a Run-off Election(if necessary) will be held April 8, 2003.
The attached agreement contains the terms of the leasing of the equipment and the contract spells out
the duties to be performed by the City and the County.
RECOMMENDATION
Staff respectfully recommends authorization for the Mayor and City Clerk to execute the Vote
Processing Use Agreement and the Election Contract with Orange County Supervisor of Elections
for the 2003 elections.
The City of Ocoee• ISO N Lakeshore Drive •Ocoee,Florida 34761
phone:(407)905-3100• fax: (407)656-8504•www.ci.ococe.fl.us
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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 1'he City of Ocoee, Florida, hereafter referred to as Lessee.
PREMISES;
I. 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
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 I . 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 I I, 2003 and a Run-off Election (if necessary) to be
held on April 8, 2003.
SECTION 2. Voting equipment leased.This lease covers use of two tabulators identified by serial
numbers on a release form to be signed by Lessee upon receipt of election materials.
SECTION 3. Lease price,Lessee shall pay to Lessor One Hundred Fifty Dollars
($150.00) for the first programmed Eagle El-PE tabulators leased and Seventy-five
Dollars ($75.00) for each additional tabulator leased.
Lessee shall also pay for expendable precinct supplies for each precinct at Fifty Dollars
($50.00) per precinct. Lessee will pay the cost incurred to produce and bind Precinct
Register/Poll Lists and Street Indexes, and any other lists ordered for this election.
`"`H'°- .' 11311?;Ws)'Xaley Street,Orlando • Reply to: Post Office Box 562001, Orlando, Florida 32856
Phone(407)836-2070 • Fax(407)317-7633 • TOO(407)422-4833 • Internet. v:ww-ocfelections com
Lessee will be charged .$.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 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 immediately upon the close
of qualifying. Lessor will layout ballot(s) from information furnished by Lessee and
deliver ballot layout 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 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 tip
by Lessor on dates specified in attached Summary of Election 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
SECTION 10. Modification. No modification of this agreement shall be effective unless in writing
signed by both parties.
SECTION l I. 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:
on llir . . -e� irviulm
SUMMARY OF RESPONSIBILITIES
CITY OF OCOEE
General Election: March 11,2003
Run-off Election: April 8,2003
The following is a summary of selected election activities and a notation of the jurisdiction responsible
for the same. All areas of the election code are not included below. The Municipal Cleric 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.
The City of Ocoee (hereinafter referred to as the City) will: PROPERLY CALL AND ADVERTISE
THE ELECTION ACCORDING TO STATUTES AND CHARTER.
Unless otherwise stated below, all responsibilities apply to both the General and Run-off
elections.
QUALIFYING CANDIDATES:
City will:
• Provide qualifying packets to candidates and accept and process all qualifying papers and
fees.
• Pay to Supervisor of Elections .10 per name checked to verify signatures on qualifying
petitions if petitions are part of qualifying process.
Orange County Supervisor of Elections will:
• Verify signatures on any qualifying petitions submitted by City.
BALI.O'F:
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)immediately upon conclusion of
qualifying period.
• Sign off on approval of ballot proof.
• Sign off on approval of Sample Ballot Postcards.
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.
• Coordinate mailing of Sample Ballot Postcard to all registered voters in the City prior to
election including Polling Place information.
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.
• Reimburse Orange County Supervisor of Elections Co' postage costs.
Orange 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.
ABSENTEE VOTING:
City will:
• Reimburse Supervisor of Elections for postage costs.
• Pay Supervisor of Elections $.75 for materials for each absentee ballot.
• Pay Supervisor of Elections $.10 per signature for verifying signatures on returned voted
ballot certificates.
• Refer all requests for absentee ballots to Supervisor of Elections.
Orange County Supervisor of Elections will:
• Accept all requests for absentee ballots by telephone, mail, or in person.
• Mail absentee & overseas ballots.
• Receive voted absentee ballots.
• Verify signatures on returned voted absentee ballot certificates-
• Account for all absentee ballots.
ABSENTEE BALLOT COUNTING:
City Will:
• Convene canvassing board to determine which voted absentee ballots will be counted.
Orange County Supervisor of Elections will:
• Provide secure storage for any ballots while in Supervisor of Elections' custody.
POLL WORKERS:
City will:
• Select poll workers and pay poll workers directly.
Orange County Supervisor of Elections will:
• Train poll workers
POLLING PLACE:
City will:
• Arrange for use of and pay any rental tees directly to polling places.
• Provide telephone service in voting room if none available.
• Make polling places accessible to handicapped and elderly voters.
• Notify Supervisor of Elections if tables and chairs for poll workers and
handicapped/elderly voters are needed if none provided by polling place_
• Be responsible for notifying all eligible electors of the date and place of the election.
• Notify the 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 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 places.
• Provide tables and chairs for poll workers and handicapped/elderly voters if none provided
by polling place if so requested by the City.
• Mad new voter ID cards, for notification of change of the polling place, at least 14 days
prior to the election.
PRECINC I SUPPLIES:
City will:
• Pay for precinct supplies ($50.00 per precinct)
• Pick up precinct supplies from Supervisor of Elections.
• Arrange for precinct clerk(s) to collect and check supplies and ballots prior to election and
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(s).
Orange County Supervisor of Elections will:
• Prepare and pack all supplies and ballots needed for election precinct(s).
• Print and bind Poll Lists/Precinct Registers and Street Index(s)
i..mmn
BALLOT TABULATING
City will:
• Pay $150.00 rental fee for the first programmed tabulator and $75 00 for subsequent
tabulators.
Orange County Supervisor of Elections will:
• Prepare, program and test tabulating equipment for polling place and absentee ballots.
• Conduct public test of tabulating equipment
• Provide stand-by personnel for troubleshooting.
• Ready precinct tabulators and other election equipment and deliver to the assigned polling
places on March 10,2003 and pick up on March 12, 2003.
RESULTS:
City will:
• Provide for collection of results from precinct
Orange County Supervisor of Elections will:
• Program tabulator to print out correct results.
ADVERTISING:
City will:
• Prepare and arrange for publication of all legal advertising required by State and Pedernl
Statutes, City Charter & City Code_ (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 affirmation forms_
• Sort,inventory,and pack all election materials for pick up by City Clerk for retention and
disposition.
VOTING HISTORY:
City and Orange County Supervisor of Elections will make mutually acceptable arrangements for
recording voting history at a later date.
ORANGE COUNTY SUPERVISOR OF CITY OF OCOEE, FLORIDA
ELECTIONS
LESSOR LESSEE
By: By:
Bill Cowles
ATTEST: ATTEST:
Date: Date: