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HomeMy WebLinkAboutItem III (F) Acceptance and Authorization to Execute Lease Agreement with Supervisor of Elections for Election to be help Novemeber 5, 1991 AGENDA 8-20-91 I "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" � Item III F ` Ocoee C LESTER DABBS,JR. � ° CITY OF OCOEE RUSTY v � C 150 N.LADRIVEESHORE DRE PAUL W.FOSTER OCOEE FLORIDA 34761 � VERN COMBS ti�f+ OR GOO° (407) SAM WOODSON CITY MANAGER ELLIS SHAPIRO MEMORANDUM To: The Honorable Mayor and Board of City Commissioners From: Jean Grafton, City Clerk Date: August 13, 1991 Subject: Lease Agreement with Supervisor of Elections for Election to be held November 5, 1991 Each year a lease agreement between the City of Ocoee and the Supervisor of Elections for the use of voting equipment is presented for execution during the countdown before election. This document provides for our needs adequately and also has been reviewed by the City Attorney and found to be acceptable as to form and legality. It respectfully is recommended that the City Commission approve and adopt the lease agreement as presented and authorize execution by the Mayor and City Clerk. 11-2 (9 SUPERVISOR OF ELECTIONS ORANGE COUNTY FLORIDA August 9, 1991 The Honorable Jean Grafton City Clerk, City of Ocoee 150 Lakeshore Dr. Ocoee Fl. 34761 Dear Jean, Enclosed is the lease agreement for your General Election to be held on November 5th. You will note that it is signed by me and properly witnessed. Please have the lease executed by the proper city officials, make a copy for your files and mail the original back to us attention Pat Keough. I have included a summation of responsibilities for certain election activities. Please review these. If you have any questions concerning the contract or the summary pages, please call Pat at 836-2070. Thank you. Sincerely, Betty ar er Supervisor of Elections BC/pk BETTY CARTER • SUPERVISOR OF ELECTIONS 119 WEST KALEY STREET • ORLANDO FL 32806-3967 407/836-2070 • FAX 4074EAMegi 836-2199 VOTING MACHINE LEASE 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, 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 voting machines, and desires to rent voting machines from Lessor. 3. The Board of County Commissioners of Orange County has authorized the leasing of voting machines 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, 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 an election to be held on November 5, 1991. SECTION 2. Voting machines leased. This lease covers two voting machines, which are identified by serial number on a release form to be signed by you upon receipt of election materials. SECTION 3. Lease price. Lessee shall pay to lessor One Hundred and Fifty Dollars ($150.00) for the first machine leased and Seventy-five Dollars ($75.00) for each additional identically programmed machine. Lease price includes 8 votepacs, precinct sign, 1 emergency ballot box (with extension cord) for each machine. Also included in this lease are expendable precinct supplies for two precincts at $25.00 per precinct. Lessee will be responsible for costs of printing and binding of Poll List/Precinct Registers and Street Indexes for use in this election. SECTION 4. Term. The term of this lease begins November 4, 1991 and ends November 6, 1991. If this lease is terminated by lessee, liability will be limited to expenses already incurred by lessor. If a run-off is required, a separate lease will be executed. SECTION 5. Ballot services. Lessee shall furnish ballot information immediately upon the end of candidate qualifying. Lessor will lay out ballot from information furnished by Lessee. Lessee will place ballot order with printer approved by Lessor. Both Lessor and Lessee will sign off on ballot proof. Lessor will program the Tabulator to count said ballot, test ballot received from printer and provide tabulation result form. for election to be held November 5, 1991. SECTION 6. Operation Personnel. Lessee shall provide qualified personnel who must be present during all times any leased machine is in operation. Such personnel must be approved by Lessor. "Troubleshooting" services for malfunctioning equipment will be performed by LESSOR only and cost is included in lease price. SECTION 7. Transportation of leased machine. Leased machine will be picked up by lessee from the Election Warehouse located at the rear of 119 W. Kaley on November 4, 1991 and returned to the same location on November 6, 1991. SECTION 8. Location of leased machine. Lessor shall approve the location of each leased machine. Each machine shall be located in a covered and protected area. Once placed in position, no machine shall be moved without prior consent of Lessor. SECTION 9. Loss and damage. Lessee shall provide security to prevent loss of any machine. Lessee shall be responsible for any damage to leased machine. If any machine is lost for any reason while in the possession of Lessee under the Agreement, Lessee shall replace the machine and shall be responsible for replacement cost. Lessee shall pay Lessor for any damage done to any machine and shall be liable for any necessary repairs. SECTION 10. Hold Harmless Covenant. To the extent permitted by applicable law, lessee hereby agrees to indemnify and hold harmless the Supervisor of Elections, her 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 11. Modification. No modification of this agreement shall be effective unless in writing signed by both parties. 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 COU TY SUPERVISOR OF ELECTIONS, CITY OF OCOEE, FLORIDA LESSOR LESSEE By: 6AG2 J By: BETTY CA ER LESTER DABBS, JR. , MAYOR ATTES : ATTEST: JEAN GRAFTON, CITY CLERK Date: / 7> " Date: