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HomeMy WebLinkAboutVI(K) Authorization to Execute the Vote Processing Use Agreement and Election Contract with Orange County Supervisor of Elections Agenda 12-02-2003 Item VI K Mayor ��e Center of Good Liy��g Commissioners S. Scott Vandergrift ,171. Danny Howell, District 1 04Scott Anderson, District 2 City Manager � ,y,r Rusty Johnson, District 3 Jim Gleason - , Nancy J. Parker, District 4 MEMORANDUM TO: The Honorable Mayor and City Commissioners FROM: Jean Grafton, City Clerk DATE: November 25,2003 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 Mayor and Commissioners for District 1 and District 3 will be held March 9, 2004 and a Run-off Election(if necessary) will be held April 13, 2004. 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. As the contract calls for the Orange County Canvassing Board to process the absentee ballots for the Presidential Preference election, and that Board has not yet set the criteria it will use, in January 2004 we will be bringing a recommendation to follow Orange County procedures for canvassing. 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 2004 elections. The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us 0� p `ES•SUFR`'s m � O OUR MISSION IS TO: BILL COWLES cr• m Supervisor of Elections \ Ensure the integrity of the electoral process. (� G V p= 1 1tEnhance public confidence. Orange County, Florida o Encourage citizen participation. 0o)39Mito 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 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 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 Run-off Election(if necessary)to be held on April 13, 2004. SECTION 2. Voting equipment leased. This lease covers use of one tabulator per precinct. SECTION 3. Lease price. Lessee shall pay to Lessor One Hundred Fifty Dollars ($150.00) for the first programmed Eagle III-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. Lessee will be charged $.10 for each petition and/or absentee ballot signature checked. Lessee shall pay Lessor $1.75 for each absentee ballot request processed plus actual postage costs for Run-off 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 immediately upon conclusion of qualifying period for the General Election and immediately upon certification of results from General Election for Run-off election if necessary. 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. Lessor will select poll workers. Lessor will train poll workers. Lessee will pay poll workers directly for their services for Run-off Election if necessary. "Troubleshooting" services for malfunctioning equipment will be performed by LESSOR only. SECTION 7. Transportation of leased machine. Lessee will be responsible for delivery and pick up of leased equipment for the Run-off Election. Equipment will be delivered/picked up by Lessee 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 for Run-off Election. 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 S. Scott Vandergrift, Mayor ATTEST: ATTEST: Jean Grafton, City Clerk Date: Date: For use and Reliance only by the City of Ocoee, Approved as to Form and Legality, this day of , 2003 . Foley & Lardner Approved by the Ocoee City Commission at a meeting held on December 2 , 2003 under agenda item no. " `o�`ES•SUpFR`'S vim' ► �� O/5 • O OUR MISSION IS TO m : BILL COWLES _ Supervisor of Elections gr° 0 T . r Ensure the integrity of the electoral process. � Enhance public confidence. Orange County, Florida Encourage citizen participation. 1'�r)o,39N`reO SUMMARY OF RESPONSIBILITIES CITY OF OCOEE General Election: March 9,2004 Run-off Election: April 13,2004 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 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. The City of Ocoee (hereinafter referred to as the City) will: PROPERLY CALL AND ADVERTISE THE ELECTION ACCORDING TO STATUTES AND CHARTER. 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. 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 name of City, name of election, name of offices and seats which will appear on ballot, any ballot questions and date of election) immediately upon conclusion of qualifying period. • City will sign off on approval of ballot proof. Orange County Supervisor of Elections will: • Layout, check,proof and deliver ballot layout to printer. • Receive, securelstore and account for ALL ballots. 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 • Control all access to unvoted ballots. • Coordinate mailing of Sample Ballots for General Election to all registered voters in the City prior to election including Polling Place information. APPLICATIONS/ISSUING/COUNTING ABSENTEE BALLOTS: NOTICE OF ELECTION: 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 any additional postage costs General Election. • Reimburse Supervisor of Elections for actual postage costs for Run-off if necessary. • Pay Supervisor of Elections $1.75 for materials for each absentee ballot for Run-off if necessary. • Pay Supervisor of Elections $.10 per signature for verifying signatures on returned voted ballot certificates for Run-off if necessary. • Refer all requests for absentee ballots to Supervisor of Elections for General and Run- off elections. Orange County Supervisor of Elections will: • Accept all requests for absentee ballots by telephone, mail or in person for General and Run-off elections. • Mail absentee & overseas ballots for General and Run-off elections. • Receive voted absentee ballots for General and Run-off elections. • Verify signatures on returned voted absentee ballot certificates for General and Run- off elections. • Account for all absentee ballots for General and Run-off elections. ABSENTEE BALLOT COUNTING: City Will: • Convene canvassing board to determine which voted absentee ballots will be counted for Run-off if necessary. Orange County Supervisor of Elections will: • Convene canvassing board to determine which voted absentee ballots will be counted for General Election. • Provide secure storage for any ballots while in Supervisor of Elections' custody. POLL WORKERS: City will: • Pay poll workers directly for working Run-off Election, if necessary. Orange County Supervisor of Elections will: • Train poll workers POLLING PLACES: Run-off Election City will: • Arrange for use of and pay any rental fees directly to polling place. • Reimburse Supervisor of Elections for additional month of telephone service in voting room if none available. • Make polling place 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 involved. Orange County Supervisor of Elections will: • Approve polling place. • Provide tables and chairs for poll workers and handicapped/elderly voters if none provided by polling place if so requested by the City. • Mail new voter ID cards, for notification of change of the polling place, at least 14 days prior to the election. PRECINCT SUPPLIES: Run-off Election 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) BALLOT TABULATING EQUIPMENT: Run-off Election City will: • Pay $150.00 rental fee for programmed tabulator. • Pay $75.00 for each additional programmed tabulator. • - Pick up election equipment from Election warehouse and return after the election. • Deliver precinct tabulators and other election equipment to the assigned polling place(s) on April 12, 2004 and pick up on April 14, 2004 for Run-off Election. • Advertise Public Testing of Equipment. (10 days prior) Orange County Supervisor of Elections will: • Prepare,program and test tabulating equipment for polling place. • Conduct public test of tabulating equipment • Provide stand-by personnel for troubleshooting. • Train precinct personnel to operate equipment. • Ready precinct tabulators and other election equipment to be picked up by City for delivery to polling places for Run-off Election if necessary. RESULTS: City will: • Provide for collection of results from precinct(s) Run-off election if necessary. 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. 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. 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: For use and reliance only by the City of Ocoee, approved as to form and legality, this day of , 2003 . Foley & Lardner Approved by the Ocoee City Commission at a meeting held on December 2 , 2003 under agenda item no.