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HomeMy WebLinkAboutItem #03 Set Date and Approve Election Contract for Proposed Mail Ballot Referendum - Rose Hill Phase 2&3 center of GoocJ l.t <<;.'roe . ~ ~~ ~ AGENDA ITEM COVER SHEET Contact Name: Contact Number: Beth Eikenberry 1022 Meeting Date: June 2, 2009 Item # S Re0ewedBy ~ Department Director: - _:_-=---~X- City Manager: ~~ Subject: Set Date and Approve Election Contract for Proposed Mail Ballot Referendum Election - Annexation of Rose Hill, Phase Two and Three. Background Summary: The City of Ocoee is working with residents of Rose Hill, Phase Two and Three to allow them to vote by referendum mail ballot on being annexed into the City of Ocoee. The process contains many more notices and legal advertisements as required by law and local code, including two public hearings which will be held in July 2009. The Supervisor of Elections office required that the City set a date at a minimum of 104 days prior to the Election Date to set the election process in motion. Staff researched and found the best date would be September 15, 2009. This election date and Election Contract will be null and void if any other steps in the process are not approved by the City Commission. Issue: A. Should the Mayor and City Commission set the Mail Ballot Referendum Election date for the Rose Hill Annexation, Phase 2 & 3 Election for September 15, 2009? B. Should the Mayor and City Commission approve the Mail Ballot Election Contract between the City of Ocoee and the Orange County Supervisor of Elections Office? Recommendations Staff recommends the Mayor and City Commission: A. Set the Mail Ballot Referendum Election date for the Rose Hill Annexation, Phase 2 & 3, for September 15, 2009. B. Approve the Election Contract between the City of Ocoee and the Orange County Supervisor of Elections Office. Attachments: Mail Ballot Referendum Election Contract Financial Impact: None Type of Item: (please marl< with an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerl<'s DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda 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 0 N/A N/A N/A ~\.~S . SUPf09 ,-0 ~ ..., ;S-O ~ "P :" ~ ... 1ft o ,... ~ ~ ~ ~ .... of -(0(-11. " /'}O:>3!)N~O SUPERVISOR OF ELECTIONS 119 W. KALEY ST. ORLANDO, FL 32806 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, hereafter referred to as Lessee. PREMISES: 1. The 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. The Lessee desires to conduct a mail ballot election as set forth in Florida Statutes 101.6102 and 101.6103 and Division of Elections Rule 1 S-2. The date of this election is September 15, 2009 and the purpose of this election is for the registered voters of Phase 2 and Phase 3 of the Rose Hill subdivision to approve or reject proposed annexation of said subdivision phases into the City's boundaries. This election would also require the use of Orange County vote tabulating equipment and operation thereof by qualified election personnel. 3. The Board of County Commissioners of Orange County has authorized the leasing of voting machines. Florida Statutes 101.36 NOW, THEREFORE, in consideration of the premises and of the mutual promises, term begins with ballot layout and ends when ballots have been processed and results obtained. However, in the event an election contest or challenge, Lessor agrees to cooperate in providing any requested public records and Lessor will witness as necessary. Section 1. Aqreement. Lessee Commission shall, in its resolution or ordinari'ce confirming the special election, state the ballot question(s). S~.ction 2. Votinq machines leased. This agreement covers the use of one (1) M650 high- speed ballot tabulator. Section 3. Lease price. Lessee shall pay to the Lessor a singular amount of Two Hundred Dollars ($200.00) for use of the M650 ballot tabulator for up to four hours. In addition to such payment, Lessee shall also pay to the Lessor Fifty Dollars ($50) for each additional hour. Section 4. Ballot services. Lessee shall furnish ballot information in English and Spanish immediately upon passage of ordinance or resolution. Lessor will layout ballot from infGrmation furnished by Lessee and deliver ballot to the approved printer. Lessee and Lessor will sign off on ballot proof and Lessee will place ballot order directly with the authorized printer and pay printer directly. Section 5. Section 6. Section 7. Section 8. Section 9. The Lessor will program the tabulator to count said ballot, test ballot when received from the printer and provide tabulation services in accordance with Florida Law. Lessee shall pay the Lessor for other election services and perform the actions that are listed in Section 5 below. Other Election activities: 1. The Lessor shall prepare a mail ballot plan of action for submission to the Division of Elections for approval no later than 90 days prior to Election Day. 2. Lessee shall be responsible for the development of all election materials in both English and Spanish, except as provided in Section 4. 3. The Lessor shall prepare and arrange for publication of public test and canvassing board advertising required by state statutes. Lessee shall pay Lessor actual advertising costs. 4. The Lessor shall arrange for and acquire all supplies used in the election. Lessee shall pay Lessor for supplies. Supplies would include, but not be limited to, both outgoing and return mail ballot envelopes, with "DO NOT FORWARD" printed on the outgoing envelopes, mail ballot instructions, and secrecy envelopes, labels on which to print mailing and return information, and other supplies as may be necessary. Lessee shall be responsible for all costs associated with manpower, equipment, postage, and any other city mail ballot election costs whether or not specifically set forth in this contract. 5. The Lessor shall print labels for mailing ballots in two-up format and mail ballots to all eligible voters not more than 20 days nor less than 10 days prior to the election date. Lessee shall pay postage charges for ballot mailing. All voted, mailed ballots shall be returned to and secured by the Lessor and until which time the canvassing board convenes. The lessee shall pay the Lessor $.10 per voter signature checked. Hold harmless covenant. To the extent permitted by applicable law, Lessee hereby agrees to indemnify and hold harmless the Lessor's 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. Modification. No modification of this agreement shall be effective unless in writing signed by both parties. Effective date. This agreement shall take effect on the latter of the two dates set forth below. Cancellation. The Lessee shall have the right to cancel this agreement at any time prior to mailing of ballots for the above referenced referendum elections. If the Lessee cancels this agreement, Lessee shall only be responsible to reimburse Lessor for the costs incurred by Lessor for services provided prior to cancellation. IN WITNESS WHEREOF, the Orange County Supervisor of Elections 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: