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HomeMy WebLinkAboutItem #18a Acceptance & Approval of March 2007 Election Contracts AGENDA ITEM COVER SHEET Meeting Date: January 16, 2007 Item # ----.1<0 CA. Contact Name: Contact Number: Beth Eikenberry 1022 ~...~ Reviewed By: Department Director: City Manager: Subject: Acceptance and Approval of March 2007 Municipal Election Contracts between the City of Ocoee and the Orange County Supervisor of Elections Office. Background Summary: The Supervisor of Elections Office submitted contracts for the March 13, 2007, General Municipal Election and April 10, 2007 Run-off Election (if necessary). The Summary of Responsibilities contract and the Vote Processing Equipment use Agreement and Election Contract are attached for your consideration. 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 2007 Election(s). Attachments: Summary of Responsibilities Contract Vote Processing Equipment Use Agreement and Election Contract Financial Impact: none Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk'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 ( ) N/A N/A N/A BILL COWLES Supervisor of Elections Orange County, Florida ~\.~S · SUPt~ ~o ~-r. ~ ~ ~ 0 . ~ < rn o r- ~ ~ ~ ~ V'. f -f,,4'. ," 'l)O)3~N~O SUMMARY OF RESPONSIBILITIES CITY OF OCOEE General Election: March 13,2007 Run-off Election: April 10, 2007 OUR MISSION IS TO: Ensure the integrity of the electoral process. Enhance public confidence. Encourage citizen participation. 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 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). BILL COWLES Supervisor of Elections Orange County, Florida -\.-S . SUP-1 i (" 0 -.r. ;)' - - - ,. .0 c:t "'" 0- 2rn -g -1'.(41 " '1')0:) 39tr-ft\0 OUR MISSION IS TO Ensure the integrity of the electoral process Enhance public confidence. Encourage citizen parlicipation. SUMMARY OF RESPONSIBILITIES CITY OF OCOEE General Election: March 14,2007 Run-off Election: April 11 , 2007 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 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 BILL COWLES Supervisor of Elections Orange County, Florida ~\.~S · SUP~I/ ~o ~.r. ;r ~ ~ -,. . ~ ocr: rTl o r- ~ ", '1 ~ ;:j .;~ .f '1'.(-11. " 'l}O:)3~N~O OUR MiSSiON is TO' Ensure the integrity of the electoral process. Enhance publ,c confidence. Encourage citizen participation. VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTION CONTRACT 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. AQreement. 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 13, 2007 and a Run-off Election (if necessary) to be held on April 10, 2007. This lease also includes use of IV-C high-speed ballot processing equipment. SECTION 2. VotinQ Equipment Leased. This lease covers the use of one tabulator and one iVote per Early Voting site (to be located at the office of the Lessor) and one per precinct. This lease also includes use of IV-C high-speed ballot processing equipment. SECTION 3. Lease Prices. 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 One Hundred Fifty Dollars ($150.00) for the first programmed iVotronic 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 . TDD (407) 422-4833 . Internet: www.ocfelections.com Lessee shall also pay for expendable precinct supplies at a rate of Fifty Dollars ($50.00) 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 shall pay to Lessor a portion of the Two Hundred Dollars ($200.00) rental fee for use of IV-C Absentee Ballot Counting equipment. The portion to be paid will be based on the number of cities programmed to share the equipment. Lessee shall also pay Five Dollars ($5.00) per thousand absentee ballots counted for each Orange County Supervisor of Elections' staff person involved. 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 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, 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 ta~ulators 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 for their services. Lessor will select early voting staff. Lessor will train early voting staff. Lessee 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 IV-C Absentee Ballot counting equipment. SECTION 7. Transportation of Leased Machine. Lessee or Lessor will be responsible for delivery and pick up of leased equipment. Equipment will be delivered and/or picked up by Lessee or Lessor on dates specified in attached Summary of Election Responsibilities. If Lessor handles delivery, Lessee shall reimburse Lessor, at a pro rated rate, 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: