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HomeMy WebLinkAboutItem #11a.b. March 2009 Municipal Election Issues AGENDA ITEM COVER SHEET Meeting Date: February 3, 2009 Item # II a ; ,b. Contact Name: Contact Number: Beth Eikenberry 1022 Reviewed By: Department Director: City Manager: Background Summary: The Supervisor of Elections Office submitted contracts for the March 10, 2009, General Municipal Election. The Summary of Responsibilities contract and the Vote Processing Equipment Use Agreement and Election Contract are attached for your considerat.ion. Issue: Should the Mayor and Commission approve the Election Contracts between the City of Ocoee and the Orange County Supervisory of Elections Office? Recommendations Staff recommends the Mayor and Commission approve the Summary of Responsibilities Contract and the Vote Processing Equipment Use Agreement and Election Contract to be in effect for the 2009 Election. Attachments: Summary of Responsibilities Contract Vote Processing Equipment Use Agreement and Election Contract Financial Impact: none Type of Item: (please mark with an "xj Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A BILL COWLES Supervisor of Elections Orange County, Florida ~\..~S . SUPCI/ (;0 ~~ ~ 0 ~ ~ . ~ c:c "' Q r- ei. rn ~ E ~~ ~ "1'.(..." " 'r)O;)3~N'd'\0 VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTION CONTRACT OUR MISSION IS TO: Ensure the integrity of the electoral process. Enhance public confidence. Encourage citizen participation. This Agreement is entered into by and between the Orange County Supervisor of Elections, (hereinafter referred to as "Lessor") and the City of Ocoee, Florida, (hereinafter 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. 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. NOW, THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated below and on the attached Summary of Election Responsibilities, Lessor and Lessee agree as follows: SECTION 1. Aoreement. Lessor shall lease to Lessee voting machines according to the terms and conditions stated below, for Early Voting and Polling Places for a General Election to be held on March 10, 2009 and a Run-off Election (if necessary) to be held on April 14, 2009. SECTION 2. Votino Eauipment Leased. This lease covers the use of one tabulator and one iVotronic per Early Voting site (to be located at the office of the Lessor) and one per precinct. This lease also includes use of M650 high- speed ballot processing equipment. SECTION 3. Lease Prices. Lessee shall pay to Lessor One Hundred Fifty Dollars ($150.00) for the first programmed DS200 tabulator leased and Seventy- five Dollars ($75.00) for each additional tabulator leased. Lessee shall also pay One Hundred Fifty Dollars ($150.00) for the first programmed Notronic Touchscreen machine and Seventy-Five Dollars ($75.00) for each additional Touchscreen. 119 West Kaley Street, Orlando . Reply to: Post Office Box 562001, Orlando, Florida 32856 Phone (407) 836-2070 . Fax (407) 254-6596 . TOO (407) 422-4833 . Internet: www.ocfelections.com Lessee shall pay to Lessor Two Hundred Dollars ($200.00) rental fee for use of M650 Absentee Ballot Counting equipment for up to 4 hours~ Lessee shall also pay Fifty Dollars ($50.00) per each additional hour above the 4 hours included above to process absentees. Lessee shall also pay for expendable precinct supplies at a rate of One Hundred Fifty Dollars ($150.00) for each precinct and Early Voting site(s). 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 absentee ballot signature checked. Lessee shall pay Lessor $1.75 for each absentee ballot request processed plus actual postage costs. Lessee shall pay the Lessor for other election services and perform the actions that 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, certified results obtained, and voting equipment has been returned to the Lessor's warehouse. In the event of an election contest or challenge, Lessor agrees to cooperate in providing any public records in which the Lessor is the original document holder. SECTION 5. Ballot Services. Lessee shall furnish all ballot information immediately upon the close of qualifying. Such information shall be provided in both English and Spanish and shall include the name of the candidates as they are to appear on the ballot and any other such information as may be required for each contest. Lessor will agree to provide the layout of the ballot(s) based on the information furnished by Lessee and deliver ballot layout to the approved printer. Lessee will place ballot order with printer. Both Lessor and Lessee must sign off on ballot proof(s) and screen displays for Touchscreen. Lessor will program the tabulators and Touchscreens to count said ballot(s) and test ballots received from printer, in accordance with the Florida Election Code. SECTION 6. Operation Personnel. Lessor will select poll workers from experienced poll workers. Lessor will assign back up poll workers to be available Election morning. Lessor will train poll workers in accordance with the Florida Election Code. Lessee will pay poll workers directly for their services. Lessor will select and train early voting staff. Lessor will pay early voting staff directly for their services. Lessee will be billed for any overtime charges incurred due to Early Voting. Any maintenance, repairs or other "troubleshooting" services for equipment that may malfunction will be performed exclusively by the Lessor. Lessor will provide staff to operate the M650 Absentee Ballot counting equipment. SECTION 7. Transportation of Leased Machine. Lessor will be responsible for delivery and pick up of leased equipment. Equipment will be delivered and picked up by Lessor on dates specified in attached Summary of Election Responsibilities. Lessee shall reimburse Lessor costs incurred for equipment delivery and pickup. SECTION 8. Location of Leased Eauipment. Lessor shall approve the Polling Place(s) and Early Voting site(s) 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 written approval of the Lessor. SECTION 9. Hold Harmless Covenant. To the extent permitted by applicable law, Lessee hereby agrees to indemnify and hold harmless the Lessor, 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 submitted in writing and signed by both parties, or their duly authorized representatives. SECTION 11. Other Necessary Costs. Any additional costs or fees that may be incurred by the Lessor in compliance with the Florida Election Code and as a direct result of either the General Election or the Run-off Election, if necessary, that are not specified in this contract or the attached Summary of Election Responsibilities shall be paid for by the Lessee upon written notice by the Lessor. SECTION 12. 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, LESSOR CITY OF OCOEE, FLORIDA LESSEE By: By: Bill Cowles ATTEST: ATTEST: Date: Date: BILL COWLES Supervisor of Elections Orange County, Florida ~\.~S · SlJp~1i. (., 0 ~.r. ~ ~ ~ -,. . ~ < rn C r- - rn a=. '" ~ ;t ~~ # -f,,~ Co) 'r)O~3~N~O OUR MISSION IS TO: Ensure the integrity of the electoral process. Enhance public confidence. Encourage citizen participation. SUMMARY OF RESPONSIBILITIES CITY OF OCOEE General Election: March 10,2009 Run-off Election: April 14, 2009 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 insuring the compliance with all applicable statutes. Your attorney should examine the principal contract as well as this Summary of Responsibilities. The City of Ocoee will hereinafter be referred to as the "City" and the Orange County Supervisor of Elections will hereinafter be referred to as the "Supervisor of Elections." 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. . Collect Pronunciation Guides from candidates at time of qualifying and submit to Supervisor of Elections. Supervisor of Elections will: . Verify signatures on any qualifying petitions submitted by City. BALLOT: City will: . Place an order for a sufficient quantity of ballots to include early voting, absentees, provisionals and precincts, with printer as designated by the Supervisor of Elections and pay the printer directly for the cost of said ballots. . Immediately upon the conclusion of the qualifying period, submit all ballot information in English and Spanish (including: City title; name of election; title of office and/or referendum title; explanation; and questions). 119 West Kaley Street, Orlando . Reply to: Post Office Box 562001, Orlando, Florida 32856 Phone (407) 836-2070 . Fax (407) 254-6596 . TOO (407) 422-4833 . Internet: www.ocfelections.com . Sign off on approval of the ballot proof and screen display. . Sign off on approval of the Sample Ballot Postcards. . Reimburse the Supervisor of Elections for costs incurred to produce ADA required audio files. Supervisor of Elections will: . Layout, check, proof, and deliver ballot layout to printer. . Receive, securely store and account for all ballots until disbursed to Early Voting locations or to polling places. . Contract to have Audio recorded for Touchscreen ballot. . Control all access to unvoted ballots while in the possession of the Supervisor of Elections. SAMPLE BALLOT POSTCARDS: City will: . Sign off on approval of sample ballot postcard as to Election date(s), office(s) and candidate names. . Verify and approve polling place information. . Reimburse Supervisor of Elections for all costs incurred in producing and mailing sample ballot postcards. Supervisor of Elections will: . Layout, check, proof and deliver sample ballot postcard layout to AXIS. . Coordinate mailing of Sample Ballot Postcard to all registered voters in the City prior to the election including accurate polling place information. EARLY VOTING: City will: . Reimburse the Supervisor of Elections for staff over time hours due to weekend hours for early voting. . Pay for Early Voting supplies ($150.00 per site). . Designate Early Voting sites 30 days prior to each Election. Supervisor of Elections will: . Insure that experienced Supervisor of Election personnel staff Early Voting, in accordance with Florida Law. . Prepare and provide all supplies needed for Early Voting site(s). ABSENTEE VOTING: City will: . Reimburse Supervisor of Elections for postage costs. . Pay Supervisor of Elections $1.75 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. 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. . Provide staff assistance for opening and handling absentee ballots during counting process. · Pay $200.00 for first 4 hours of usage of M650 Absentee Ballot counting equipment and $50 per each additional hour. . Coordinate absentee ballot opening and counting with Supervisor of Elections. Orange County Supervisor of Elections will: . Provide secure storage for any ballots while in Supervisor of Elections' custody. . Program and test M650 ballot tabulation equipment. . Conduct public testing of Logic and Accuracy for absentee ballot tabulating equipment. . Provide qualified staff to operate M650 equipment to count absentee ballots. POLL WORKERS: City will: . Pay pollworkers directly based on SOE Pollworker pay rates. Supervisor of Elections will: . Select poll workers from experienced poll workers. . Train poll workers. POLLING PLACES: City will: . Arrange for use and pay any rental fees directly to polling place. . Make polling place accessible to disabled and elderly voters. . Notify Supervisor of Elections if tables and chairs for poll workers and disabled/elderly voters are needed if none is provided by the polling place. A rental fee will apply. . Notify the Supervisor of Elections not less than thirty days prior to the election that a polling place will be moved to another site. Supervisor of Elections will: . Approve polling place. . Provide tables and chairs for poll workers and disabled/elderly voters if none is provided by the polling place and if such accommodations are requested by the City in writing. PRECINCT SUPPLIES: City will: . Pay for precinct supplies ($150.00 per precinct) . 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). . Return Precinct supplies to Supervisor of Elections office no later than the day after election(s). Supervisor of Elections will: . Prepare and pack all supplies and ballots needed for election precinct(s). . Distribute Supplies and ballots at Poll Worker Training . Print and bind Poll Lists/Precinct Registers and Street Index(s) BALLOT TABULATING EQUIPMENT: City will: . Pay $150.00 rental fee for the first programmed tabulator and $75.00 for subsequent tabulators. . Pay $150.00 rental fee for the first programmed touchscreen and $75.00 for subsequent touchscreens. Supervisor of Elections will: . Prepare, program and test tabulating equipment for early voting sites and polling places. . Conduct public test of tabulating equipment prior to the start of early voting. . Provide stand-by personnel for troubleshooting. . Prepare precinct tabulators, touchscreens and other election equipment for delivery to the assigned polling places. . Arrange for delivery to the assigned polling place on March 9, 2009 for General Election and April 13, 2009 for Run-off Election (if needed). . Arrange for all rented tabulating equipment used at poll locations for General Election, to be picked up on March 11, 2009 and on April 15, 2009 for a Run- off Election (if needed). RESULTS: City will: . Provide for collection of results from precinct(s). Supervisor of Elections will: . Program tabulators and Touchscreens to print out accurate 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). Supervisor of Elections will: . Provide samples of required advertising upon request (If available). RETENTION OF ELECTION RECORDS: City will: . Store all necessary election records and ballots until expiration of retention period prescribed by statutes. 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 Supervisor of Elections will make mutually acceptable arrangements for recording voting history at a later date ORANGE COUNTY SUPERVISOR OF ELECTIONS LESSOR CITY OF OCOEE, FLORIDA LESSEE By: By: Bill Cowles ATTEST: ATTEST: Date: Date: