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HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to Execute Vote Betty Carter, Supervisor of Elections AGENDA 9/7/93 Item III C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" •cO :e S.SC:UIT VANDERGRIFT V'd4 11.1 CITY OF OCOEERUSTY JOHNSON IWF a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER v 0 OCOEE,FLORIDA 34761 VERN COMBS O `$ (407)656-2322 SAM WOODSON rE�P of 000V�`� ELLS MANAGER O MEMORANDUM To: The Honorable Mayor and Board of City Commissioners From: Jean Grafton, City Clerk Date: September 2, 1993 Subject: Vote Processing Equipment Use Agreement and Election Contract with Betty Carter, Supervisor of Elections In order to conduct elections each year the City enters into an agreement with the Supervisor of Elections. This agreement provides that they will make available to us the registration books, voting equipment and precinct supplies. ACTION REQUESTED: It is respectfully requested that the Mayor and City Commissioners approve the agreement between Betty Carter and the City of Ocoee, authorizing execution thereof by the Mayor and City Clerk. cVNA 110 SUPERVISOR 1\ OF ELECTIONS ORANGE COUNTY FLORIDA August 13 , 1993 The Honorable Jean Grafton City Clerk. City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Dear Jean, In response to your request for assistance with 1993 Ocoee municipal elections, registration books and voting equipment will be available for use in your general election on November 2, 1993 and the runoff election to be conducted on November 16, 1993 . Enclosed are: a summary of election responsibilities and election agreements for these elections for approval and signature by a city official . Please make a copy of the agreement for your files and return the original signed agreement to my office. Feel free to call Pat Keough if you have any questions. Sincerely, Betty arter Supervisor of Elections BC/pk encl: 3 BETTY CARTER • SUPERVISOR OF ELECTIONS 119 WEST KALEY STREET • ORLANDO FL 32806-3967 407/836-2070 • FAX 407/244-3399 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, 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 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 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 2 , 1993 . SECTION 2 . Voting equipment leased. This lease covers use of one (1) voting machine, 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 Fifty Dollars ($150. 00) for the first machine leased, and Seventy Five ($75. 00) for each identically programmed machine. Also included in this contract are expendable precinct supplies for two precincts at $28. 00 per precinct. Lessee will pay charges incurred to produce and bind Precinct Register/Poll lists and Street Indexes, and any other lists ordered for this election. If petition signatures are verified by Supervisor of Elections, Lessee will be charged $ . 10 for each signature checked. SECTION 4 . Term. The term of this lease begins with ballot layout and ends on November 3 , 1993 , when ballots have been processed, results obtained, and voting equipment is returned to the election warehouse. SECTION 5. Ballot services. Lessee shall furnish ballot information in both English and Spanish at least two weeks before election. Lessor will lay out ballot(s) from information furnished City of Ocoee soeopk1/cont-ian.con created:8-12-93 by Lessee and provide camera ready copy to the approved printer. Lessee will place ballot order with printer. Both Lessor and Lessee will sign off on ballot proof (s) . Lessor will program the Tabulator to count said ballot(s) and test ballot(s) received from printer. SECTION 6. Operation Personnel , Lessee will select the election board and pay directly for their services. Lessor will train and approve personnel selected. "Troubleshooting" services for malfunctioning equipment will be performed by LESSOR only. 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 St. on Monday, November 1, 1993 , and returned to the same location on Wednesday, November 3 , 1993 . SECTION 8 . Location of leased equipment_. 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. 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 10. Modification. No modification of this agreement shall be effective unless in writing signed by both parties. Section 11. 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, CITY OF OCOEE, FLORIDA LESSEEA LESSOR 4ge-- By: By: BETTY CA TER ATTEST: fi ,{A L«/t 4.A._I\ ATTEST: Date: g'—' 1 ~ ?� Date: City of Ocoee soeopk1/cont-wn.con created:8-12-93