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HomeMy WebLinkAboutItem 02. Approval of Elections Services Contract City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 18, 2023 Item #: 2 Contact Name: Kathy Heard Department Director: Melanie Sibbitt Contact Number: Ext. 1023 City Manager: Robert Frank Subject: Approval of Elections Services Contract with the Orange County Supervisor of Elections and Allow them to Open and Run Unquestionable Vote-By-Mail Ballots for the June 2023 Municipal Special Election Utilizing the Orange County Canvassing Board Criteria. (City Clerk Sibbitt) Background Summary: The Supervisor of Elections Office submitted a contract for the June 13, 2023, Municipal Special Election. The 2023 Vote Processing Equipment and Elections Services Contract for Municipal Elections is attached for your consideration. City staff is requesting approval to allow the Supervisor of Elections to open and run all vote-by-mail ballots through the tabulator on Election Day (June 13th after 9:00 a.m.) that are not questionable. This will save the Canvassing Board a lot of time as that portion will be completed upon their arrival. The Canvassing Board will then only need to accept or reject any vote-by-mail ballots that have issues with them (no signature, signatures do not match, etc.) using the same criteria. Issue: Should the Honorable Mayor and City Commissioners approve the Elections Contract and allow the Supervisor of Elections to open and run all vote-by-mail ballots through the tabulator on Election Day (June 13th after 9:00 a.m.) that are not questionable utilizing the Orange County Canvassing Board criteria? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve the 2023 Vote Processing Equipment and Elections Services Contract for Municipal Elections to be in effect for the 2023 Election and approve the Supervisor of Elections to open and run all vote-by-mail ballots through the tabulator (June 13th after 9:00 a.m.) that are not questionable utilizing the Orange County Canvassing Board criteria. Attachments: 1. Municipal Contract with Runoff 2. Orange County Canvassing Board Criteria Financial Impacts: The cost of the election is estimated at $10,000 without a run-off or $18,000 should there be a run-off and is adequately funded in the City Clerk Department’s Budget. Page 15 of 668 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent Page 16 of 668 2023 ORANGE COUNTY SUPERVISOR OF ELECTIONS VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTIONS SERVICES CONTRACT FOR MUNICIPAL ELECTIONS This Vote Processing Equipment Use Agreement and Elections Services Contract (hereinafter referred to as the “Agreement”) is hereby entered into by and between the Orange County Supervisor of Elections Office, (hereinafter referred to as “SOE”) and the City of Ocoee, Orange County, Florida, (hereinafter referred to as “MUNICIPALITY”). RECITALS: WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Orange County, Florida and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an election that requires the use of vote processing equipment to count ballots; and, WHEREAS, All vote processing equipment requires specially trained and knowledgeable individuals to program, operate and maintain said equipment; and, WHEREAS, The Orange County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said equipment; and, WHEREAS, MUNCIPALITY hereby acknowledges full responsibility for any and all applicable requirements under the Florida Election Code and any provisions of the city charter or municipal ordinances which may not be addressed or included in this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein SOE and MUNICIPALITY agree as follows: SECTION 1. Recitals The above recitals are true and correct and incorporated herein. SECTION 2. Agreement SOE shall provide to MUNICIPALITY such necessary vote processing equipment and services according to the terms and conditions stated in this Agreement, for the purposes of conducting a Municipal Election to be held on Tuesday, June 13, 2023 and a Run- off Election, if necessary, to be held on Tuesday, July 11, 2023 along with the necessary equipment and services to facilitate any early voting sites and polling places as may be necessary and agreed upon by the parties. Page 17 of 668 2023 ELECTIONS AGREEMENT Page 2 of 10 Revised 4/3/2023 SECTION 3. Operation and Programming Services DS200 For each election, MUNICIPALITY shall pay SOE One Hundred Fifty Dollars and no/100 Cents ($150.00) for the program and maintenance of one (1) DS200 tabulator and Seventy-Five Dollars and no/100 Cents ($75.00) for each additional identically programmed tabulator. For Early Voting, MUNICIPALITY shall pay SOE Seventy-Five Dollars and no/100 Cents ($75.00) for the program, maintenance, and operation of each DS200 tabulator that is identically programmed and operated as the Early Voting DS200 tabulators. ADA Equipment For each election, MUNICIPALITY shall pay SOE One Hundred Fifty Dollars and no/100 Cents ($150.00) for the program and maintenance of one (1) ADA Voting machines, including audio files and Seventy-Five Dollars and no/100 Cents ($75.00) for each additional identically programmed machine. For Early Voting, MUNICIPALITY shall pay SOE Seventy-Five Dollars and no/100 Cents ($75.00) for the program, maintenance, and operation of each ADA machine that is identically programmed and operated as the Early Voting ADA machines. High-Speed Counter For each election, MUNICIPALITY shall pay SOE Two Hundred Dollars and no/100 Cents ($200.00) for the program, maintenance, and operation of any M650 high-speed ballot counting equipment. Such fee shall include up to four (4) hours of processing time, election set-up and coordination, programming of high-speed ballot counting equipment, and processing of envelopes through the automatic envelope openers. For each additional hour needed to provide the services described in this paragraph, MUNICIPALITY shall pay SOE Fifty Dollars and no/100 Cents ($50.00) per hour. ePoll Books For each election, MUNICIPALITY shall pay SOE Seventy-Five Dollars and no/100 Cents ($75.00) for data base set-up and maintenance of each precinct tablet set-up, which includes two (2) ePoll books (check-in tablets) and one (1) Help Desk tablet per precinct. Additional ePoll books will be charged at Seventy-Five Dollars and no/100 Cents ($75.00) each. Repairs For any election, all maintenance, repairs, or other troubleshooting services for vote processing equipment, including any processors or tablets, will be performed exclusively by SOE and such services are included in all stated charges. However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any repairs or maintenance caused by any negligent or unauthorized acts by any employee or representative of MUNICIPALITY. Page 18 of 668 2023 ELECTIONS AGREEMENT Page 3 of 10 Revised 4/3/2023 SECTION 4. Additional Early Voting Services for Off-Site Locations for Non-Ballot- on-Demand Method Tablets For each early voting site other than the office of the SOE, MUNICIPALITY shall pay SOE Three Hundred Seventy-Five Dollars and no/100 Cents ($375.00) for the program and operation of two (2) check-in stations and Seventy Five Dollars and no/100 Cents ($75.00) for each additional check-in tablet set-up fee. Such service fee includes the downloading or uploading of any necessary data. These charges are per election. Printers For each early voting site other than the office of the SOE, MUNICIPALITY shall pay SOE One Hundred Seventy-Five Dollars and no/100 Cents ($175.00) for the programming, configuration, and set-up of any connected printer. These charges are per election. Delivery For each early voting site other than the office of the SOE, MUNICIPALITY shall pay SOE Two Hundred Dollars and no/100 Cents ($200.00) for the delivery, set-up and/or pick-up of any early voting equipment. These charges are per election. SECTION 5. Other Election Charges Supplies For each election, MUNICIPALITY shall pay SOE for consumable precinct supplies at a rate of One Hundred Fifty Dollars and no/100 Cents ($100.00) for each precinct and each Early Voting site. SOE will arrange pick up of precinct supplies no later than the day after the election. MUNICIPALITY shall also identify and provide a secure place for precinct clerk(s) to return supplies and voted and unvoted ballots on election night. PAPER PL/PR For each election, MUNICIPALITY shall pay SOE the actual costs incurred to produce, print, and bind Poll Lists/Precinct Registers (“PL/PR”), including any paper or delivery costs. SOE shall have sole discretion in selecting a third-party vendor to perform the requisite printing and binding services. Communication For each election, MUNICIPALITY shall pay SOE for any actual costs incurred by SOE from a third-party telecommunications provider for the set-up, activation, use and deactivation of any telephone or wireless internet lines which in the SOE’s sole discretion are necessitated at any voting site. MUNICIPALITY shall also pay SOE for the cost incurred for paying Poll Workers for use of personal cell phones as needed for Election Day communication. Selection of the third-party telecommunications providers shall be the preference of SOE. Indexes For any Street Indexes ordered or required, MUNICIPALITY shall pay SOE Nine Dollars and no/100 Cents ($9.00) as a set-up fee, plus Twenty-Five Cents ($.25) for each printed page. Page 19 of 668 2023 ELECTIONS AGREEMENT Page 4 of 10 Revised 4/3/2023 Vote-by-Mail Ballots For each election, MUNICIPALITY shall pay SOE One Dollar and Seventy-Five Cents ($1.75) for each Vote-by-Mail Ballot request processed plus actual postage costs. MUNICIPALITY shall also pay SOE Ten Cents ($.10) for each Vote-by-Mail Ballot signature verified. MUNICIPALITY may choose to pay return postage for Vote-by-Mail Ballots at the actual cost incurred. Early Voting MUNICIPALITY shall reimburse SOE for any overtime hours by SOE staff due to weekend hours for Early Voting locations including any hours accrued by SOE staff at the offices of SOE. SOE may elect to evenly apportion the costs for early voting overtime hours among various municipalities, if appropriate, but in no event shall SOE be obligated to apportion such costs. SOE shall insure that experienced SOE personnel staff each Early Voting site, in accordance with Florida law. Notices For each election, MUNICIPALITY shall pay SOE Twenty-Five Cents ($.25) for each Notice of Election that is mailed to each eligible voter, plus actual postage costs. Fee Schedule For each election, MUNICIPALITY shall pay SOE for any other goods or services not specifically provided for in this Agreement but that may be described or listed in the latest Municipal Fee Schedule as distributed to MUNICIPALITY. MUNICIPALITY agrees that the Municipal Fee Schedule and the prices contained therein are subject to change. Other For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY shall pay SOE for any other election services not contemplated herein which may be needed to conduct an orderly election. SECTION 6. Term For each election, the terms of this Agreement begins on the Effective Date and concludes when ballots have been processed, election results have been certified, all vote processing equipment has been returned to the SOE’s warehouse, and an audit, if applicable, has been completed. In the event of an election contest or challenge, SOE agrees to cooperate in complying with court orders, and providing any public records which the SOE maintains or otherwise controls. SECTION 7. Applicable Requirements of Florida’s Election Code MUNICIPALITY shall properly call the election in accordance with any Florida Statutes, applicable charter provisions, or city ordinances. MUNICIPALITY agrees that the Municipal Clerk is responsible for the conduct of the city’s elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the sole responsibility of MUNICIPALITY. To the extent that the SOE is contractually assisting the MUNICIPALITY per this agreement, SOE shall maintain compliance with each of the Page 20 of 668 2023 ELECTIONS AGREEMENT Page 5 of 10 Revised 4/3/2023 statutes, codes, municipal charter provisions, and ordinances referenced above. MUNICIPALITY and SOE agree that the terms of this contract may require modification to allow compliance with any new legislation or rules promulgated by the Division of Elections as a result of any new enactments by the Florida Legislature pertaining to the Florida Election Code. SECTION 8. Notice and Advertisement of Elections MUNICIPALITY shall prepare and arrange for publication of all legal advertising required by state and federal statutes, city charter & city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in Orange County shall be published in both English and Spanish and that MUNICIPALITY shall be responsible for the accurate and complete translation of any such notices. SOE shall, if available, provide samples of required advertising upon request. SECTION 9. Qualifying of Candidates MUNICIPALITY may provide qualifying packets to candidates. MUNCIPALITY shall accept and process all qualifying papers and fees. For audio ballots, MUNCIPALITY shall collect pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at the close of qualifying. If petitions are part of qualifying process, MUNICIPALITY shall pay to SOE Ten Cents ($.10) per name checked to verify any signatures on qualifying petitions. SOE agrees to verify any signatures for any qualifying petitions submitted by MUNICIPALITY. In no event shall SOE issue any recommendations or make any legal determinations as to the qualifications or eligibility of any candidate for municipal office. SECTION 10. Printing of Ballots and Ballot Services MUNICIPALITY shall place an order for a sufficient quantity of Election Day ballots with a third-party printer as selected exclusively by SOE. MUNICIPALITY shall provide prompt payment to the third-party printer for the cost of any printed ballots or election materials. MUNICIPALITY shall also pay SOE a per ballot fee for each Vote-by-Mail and Early Voting ballot printed. MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all ballot information in English and Spanish including the name the names of the candidates as they are to appear on the ballot; the name of the Municipality; the name of the election; the title of office and/or referendum title; explanation; and questions. SOE agrees to provide the layout of the ballot(s) based on the information furnished by MUNICIPALITY and deliver ballot layout to the approved printer. MUNICIPALITY will place ballot order with printer. Both SOE and MUNICIPALITY must sign off on ballot proof(s). Page 21 of 668 2023 ELECTIONS AGREEMENT Page 6 of 10 Revised 4/3/2023 Once test ballots are received from the printer, SOE will test all vote processing equipment in accordance with the standards established by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall receive, securely store, and account for all ballots until disbursed to Early Voting locations or to poll clerks. SOE shall also control and limit all access to unvoted ballots while in the possession of SOE. SECTION 11. Poll Workers SOE will select poll workers from a group of experienced poll workers. SOE will assign back-up poll workers to be available on Election morning. SOE shall provide MUNICIPALITY with a list of poll workers and Adopt-A-Precinct organizations and will train all poll workers in accordance with the Florida Election Code and other guidelines, procedures or regulations as followed or adopted for the conduct of elections in Orange County. Clerk for MUNCIPALITY, or a representative, shall be in attendance for poll worker training sessions, at minimum the Poll Clerk training. SOE shall distribute all necessary supplies and ballots at poll worker training sessions. MUNICIPALITY shall pay poll workers directly for their services at pay rates previously established by SOE. SOE will select and train early voting staff. SOE will pay early voting staff directly for their services. MUNICIPALITY will be billed for any overtime charges incurred due to Early Voting. If additional staff through a temporary employment agency is required for Early Voting sites located at the SOE office, SOE will recruit staff through the agency and MUNICIPALITY will be billed directly for the cost incurred. SECTION 12. Selection of Polling Places and Early Voting Sites SOE shall approve any Polling Place(s) and Early Voting site(s) intended for use as a voting location. SOE shall provide MUNICIPALITY with contact information for any established County polling places. Each location shall meet the necessary ADA requirements. MUNICIPALITY shall conduct an onsite inspection of all polling places, including any early voting locations used other than the office of SOE, and confirm that such locations are accessible to disabled voters. SOE reserves the right to select a suitable alternative if any proposed site fails to meet SOE approval. MUNICIPALITY shall provide a list of proposed polling places and early voting sites no later than Thirty-Five (35) Days days prior to the date of the election. MUNICIPALITY shall enter into polling place agreements, if needed, and pay any rental fees or usage fees directly to the polling place. MUNICIPALITY shall notify SOE in writing if any tables or chairs will be required. Note that each polling place must, as determined by SOE, provide a minimum number of tables and chairs. MUNICIPALITY shall pay any rental fees incurred by SOE for tables and chairs. Page 22 of 668 2023 ELECTIONS AGREEMENT Page 7 of 10 Revised 4/3/2023 SECTION 13. Sample Ballots SOE shall lay out, check, and deliver sample ballot layout to a third-party vendor for distribution to registered voters. MUNICIPALITY shall review the sample ballots and confirm the accuracy of the election date, office, candidate names, polling place and all other information contained therein. SOE shall coordinate the mailing of the sample ballots to all registered voters in the municipality prior to the election including accurate polling place information. MUNICIPALITY shall reimburse SOE for all costs incurred in producing and mailing sample ballots. SECTION 14. Vote-by-Mail Ballots MUNICIPALITY shall refer all requests for Vote- by-Mail Ballots to SOE. Unless MUNICIPALITY or the Clerk for MUNCIPALITY provides written directions to the contrary, SOE agrees to accept all requests for Vote-by-Mail Ballots by telephone, mail, or in person. SOE also agrees to mail Vote-by-Mail & overseas ballots as requested by registered voters, receive, and securely store any voted Vote-by-Mail Ballots. SOE will verify the signatures on any returned voted Vote-by-Mail Ballot certificates based on current canvassing criteria and notify voters of any issues that may be susceptible to “cure” as provided by Florida law, and to account for all Vote-by-Mail Ballots. MUNICIPALITY shall provide adequate staff assistance for the opening and handling of Vote-by-Mail Ballots during the counting process and shall coordinate a date for the opening and counting of such Vote-by- Mail Ballots with SOE. SECTION 15. Transportation of Elections Equipment and Supplies SOE will be responsible for delivery and pick up of any voting equipment. Either the Friday or Monday prior to Election Day, voting equipment will be delivered by SOE, or a third-party representative of SOE. The Wednesday following Election Day, voting equipment will be picked up by SOE, or a third-party representative of SOE. MUNICIPALITY shall reimburse SOE, for any and all costs incurred for equipment delivery and pickup. SOE shall have full discretion and authority to hire and employ any outside third parties to assist with or perform delivery and pick-up of voting equipment. MUNICIPALITY IS NOT PERMITTED TO DELIVER ANY ELECTION EQUIPMENT. SECTION 16. Location and Storage of Voting Equipment All voting equipment shall be stored, maintained, and located in a well-protected, secure, temperature- controlled and indoor room or facility. Once the voting equipment is delivered to a voting site or early voting site, no equipment shall be relocated without the prior written approval of SOE. SECTION 17. Canvassing of Election Results MUNICIPALITY shall schedule and coordinate the date on which the municipal canvassing board is to assemble to canvass the results of the election. If applicable, MUNCIPALITY shall coordinate for the use of SOE facilities to conduct Page 23 of 668 2023 ELECTIONS AGREEMENT Page 8 of 10 Revised 4/3/2023 the canvassing board activities. MUNCIPALITY shall notice and advertise, as needed, the dates of any canvassing board meetings. SOE shall provide the canvassing board with information and documents necessary to canvass the results of the election. MUNICIPALITY shall convene the canvassing board to determine which voted Vote-by-Mail Ballots are to be tabulated. SECTION 18. Audits MUNICIPALITY shall provide necessary personnel to conduct the audit as prescribed by law. MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including overtime expenses, for conducting the audit. SECTION 19. Post-Election Records Retention SOE shall process affirmation forms and sort, inventory and pack all election materials for pick up by the Municipal Clerk for retention and disposition. MUNICIPALITY shall store or cause to be stored all necessary election records and ballots until expiration of retention period as prescribed by applicable Florida Statutes and rules. SECTION 20. Voter History SOE will make arrangements for recording voter history. The date selected for undertaking this activity may occur subsequent to the conclusion of all election dates and outside of the terms of this agreement; provided however, recording voter history will be completed in a timely manner. SECTION 21. Other Necessary Costs Any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of either any Election, if necessary, that are not specified in this contract shall be paid for by MUNICIPALITY at rates and fees as established by SOE. Examples of such additional costs or reimbursements include, but are not limited to, the following: A. Recounts – Any expenditure for conducting a recount, including any overtime expenses for reprogramming voting equipment, and other expenses as may be necessary to conduct a recount; and, B. Attorney’s Fees and Costs - Actual attorney’s fees and costs incurred by SOE for research on any election related matter shall be invoiced by SOE for reimbursement by MUNICIPALITY. SECTION 22. Hold Harmless Covenant MUNICIPALITY shall at all times hereafter indemnify, hold harmless and, at SOE’s option, defend or pay for an attorney selected by SOE to defend SOE, its officers, agents, and employees against any and all claims, damages, injuries, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, arising out of or resulting from any or all acts of omission or commission of or by the MUNICIPALITY, its officers, agents, Page 24 of 668 2023 ELECTIONS AGREEMENT Page 9 of 10 Revised 4/3/2023 or employees, with respect to any election conducted pursuant to this Agreement. MUNICIPALITY also agrees to indemnify SOE against any administrative challenges, civil suits, or other legal challenges or appeals that may arise, including all attorney’s fees and costs, from the contest of election results or the validation of any candidate qualifications. Parties recognize that MUNICIPALITY is a Florida municipal corporation and SOE is a state agency or subdivision as defined in Section 768.28, Florida Statutes and that nothing herein is intended to serve as a waiver of sovereign immunity by either party for acts or omissions to which sovereign immunity applies. Furthermore, nothing herein shall be construed as consent by SOE, as a state agency or subdivision of the State of Florida, to be sued by third parties in any matter arising out of any contract. SECTION 23. Entirety and Amendments The Agreement embodies the entire agreement between SOE and MUNICIPALITY and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective or binding unless submitted in writing and executed by duly authorized representatives of both SOE and MUNICIPALITY. SECTION 24. Effective Date. The Effective Date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. Please initial in the appropriate columns YES NO MUNICIPALITY will use current SOE Canvassing Criteria (provided) Page 25 of 668 2023 ELECTIONS AGREEMENT Page 10 of 10 Revised 4/3/2023 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this Agreement on the dates set forth below. ________________________________ ________________________________ Signature Signature Bill Cowles_______________________ ________________________________ Name (Printed or Typed) Name (Printed or Typed) Orange County Supervisor of Elections_ ________________________________ Title Title ________________________________ ________________________________ Date Date ________________________________ ________________________________ Witness Signature Witness Signature _______________________________ ________________________________ Witness Name (Printed or Typed) Witness Name (Printed or Typed) Page 26 of 668 Page 27 of 668 Page 28 of 668 Page 29 of 668