III (C) Acceptance and Authorization for Mayor and City Clerk to execute Vote Processing Equipment Use Agreement and Election Contract with Supervisor of Elections AGENDA 8-15-95
Item III C
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• = = a City of Ocoee
Com'• n
Q1 0 150 N. Lakeshore Drive Jean Grafton
%,, o``ate: Ocoee, Florida 34761-2258 CityClerk
os Goo
(407)656-2322
FAX (407) 656-5725
MEMORANDUM
To: The Honorable Mayor and Board of City Commissioners
From: Jean Grafton, City Clerk
Date: August 10, 1995
Re: Lease Agreement for Voting Machines for the November 7 Election
The Orange County Supervisor of Elections provides the voting machines and other materials
used by municipalities in elections, and the attached lease agreement provides for the use of €'
those machines and materials for the City of Ocoee's election scheduled November 7. g
Action Requested
The Mayor and Board of City Commissioners (1) approve the Vote Processing Equipment
Use Agreement and Election Contract with Orange County Supervisor of Elections and (2)
authorize the Mayor and City Clerk to execute.
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"PRIDE OF WEST ORANGE" .oy _
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=1 SUPERVISOR
,\ OF ELECTIONS o E C E t V E
in)111rWill
ORANGE COUNTY
FLORIDA
July 26, 1995
The Honorable jean Grafton
City Clerk, City of Ocoee
150 Lakeshore Dr
Ocoee Fl 34761
Dear Jean,
Enclosed are lease agreements and a summary of election responsibilities for your
1995 November Election. You will note that the agreement is signed by me and
properly witnessed. Please have the agreement executed by the proper city officials,
make copies for your files and mail the originals back to us attention Pat Keough.
Please note that you will be selecting poll workers for this election. There are some
election office staff members who would be available to work for you in this election.
Pat will be able to supply their names.
If you have any questions concerning the agreement or the responsibilities, please call
Pat at 836-2070.
Si nc-rely,
Betty C•der
Supervisor of Elections
BC/pk
Encl.
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BETTY CARTER • SUPERVISOR OF ELECTIONS
119 WEST KALEY STREET • ORLANDO FL 32806-3967
407/836-2070 • FAX 407/244-3399
p{pE-
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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 arid approved certain terms aid 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 7, 1995 and a runoff, if necessary, at a date to be
determined.
SECTION 2. Voting equipment leased. This lease covers use of voting machines,
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 each uniquely programmed 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
$40.00 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.
Lessee will be charged $ .10 for each petition and absentee ballot signature checked
Lessee shall pay actual cost of mailing "Notice of Elections" to absentee voters.
Lessee shall pay lessor $.75 for each absentee ballot request processed plus actual
postage costs.
SECTION 4. Term. The term of this lease begins with ballot layout and ends on when
ballots have been processed, results obtained, and voting equipment is returned to the
soeopkl/cont-mun.con 5-17-95 rev. 7-17-95
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election warehouse.
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SECTION 5. Ballot services. Lessee shall furnish ballot information in both English and
Spanish at least six weeks before the general election. Lessor will lay out ballot(s)
from information furnished 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
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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 boards and pay
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directly for their services. Lessor will train 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 f
iessea fmr: the Election Warehouse located at the. rear of 119 W. Kaley St. on
Monday, November 6. 1995, and returned to the same location on Wednesday, t
November 8, 1995.
SECTION 8. Location of leased equipment . Lessor shall approve the location of each
leased machine(s). Each machine shall be located in a covered and protected area.
Once placed in position, no machine shall be moved to another location 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. 1
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SECTION 10. Modification. No modification of this agreement shall be effective
unless in writing signed by both parties.
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Section 11. Effective date. This Agreement shall take effect on the latter of the two
dates set forth below.
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IN WITNESS WHEREOF, Lessor and Lessee have executed this
Agreement on the dates set forth below.
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ORANGE COUNTY SUPERVISOR OF ELECTIONS, CITY OF OCOEE,FL
LESSEE LESSOR
BETTY CA ER By:
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ATTES . G,] g -/-1� ATTEST: r
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soeopki/cont-mun.con 5-17-95 rev. 7-17-95
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RESPONSIBILITIES - CITY OF OCOEE GENERAL ELECTION
NOVEMBER 7, 1995 AND RUNOFF IF NECESSARY
The following is a summary of election activities and a notation of the jurisdiction
responsible for the same:
QUALIFYING CANDIDATES:
City will: Provide qualifying packets to candidates and accept and process all qualifying
papers and fees. Pay to Supervisor of Elections ten cents per name checked to
verify signatures on qualifying petitions if petitions are part of qualifying process.
Supervisor of E!;:cticns will: verify sign ..y qualifying petitiuns submitted b,
,ares on a., u�,,, ,,, e�u;.;ns .,y
City.
BALLOT:
City will:
Place order for quantity of ballots with designated printer and pay printer directly
for the ballots.
Submit all ballot information in English and Spanish (including name of City, name
of election, name of offices and seats which will appear on ballot, and date of
election) immediately upon conclusion of qualifying period.
City will sign off on approval of ballot proof.
Supervisor of Elections will:
Lay out, check, proof, and deliver ballot layout to printer.
Receive, securely store and account for ALL ballots.
Control all access to unvoted ballots. Keep records of unvoted ballots delivered to
City Clerk.
APPLICATIONS/ISSUING/COUNTING ABSENTEE BALLOTS:
NOTICE OF ELECTION
City Will:
Pay appropriate charges for the data list used to mail "Notice of Elections" to
permanent absentee voters.
Pay for printing, envelopes, postage and other supplies (All voting materials must be
printed in English and Spanish)
Supervisor of Elections will:
SOEOPK1/RESPONS.MUN 7-28-95
Produce list as indicated above. Mail "Notice of Elections" to all permanent absentee
voters.
Receive absentee ballot requests from overseas voters.
ABSENTEE VOTING:
City Will: Refer all requests for absentee ballots to Supervisor of Elections' Office as
soon as received.
Pay $.75 for each absentee ballot request processed.
Pay actual postage charges for mailing absentee ballots.
Supervisor of Elections will:
Receive applications for persons requesting absentee ballots by telephone, mail,
or in person.
issue anWor mail such absentee ballots in a timely manner;.
Keep logs showing name of voter, voter I.D. number, date ballot requested, date
ballot issued or mailed, method of delivery (voted in office, mailed, took ballot
home, designee), date ballot returned, etc. and account for all absentee ballots
to City of Ocoee Canvassing Board.
Receive voted ballots.
Time & date stamp all voted absentee ballots returned.
Keep returned, voted ballots in secure storage.
Prepare report to account for all such ballots.
Verify signatures on voted absentee ballot envelopes.
POLLWORKERS:
City will: Select and pay pollworkers directly.
Supervisor of Elections will: train pollworkers
POLLING PLACES:
City will: Arrange for use and pay any rental fees directly to polling place(s).
Provide telephone service in voting room if none available.Make polling place(s)
accessible to handicapped and elderly voters.
Provide tables and chairs for pollworkers and handicapped or elderly voters if none
provided in polling place.
If polling place differs from site used for countywide elections, City will be
responsible for giving notice to electors.
Supervisor of Elections will:
Approve polling place.
SOEOPK1/RESPONS.MUN 7-28-95
PRECINCT SUPPLIES:
City will:
Pay for precinct supplies ($40.00 per precinct)
Pick up precinct supplies and ballots from Supervisor of Elections. Store ballots in
a secure area.
Arrange for precinct clerk(s) to collect and check supplies
and ballots prior to election and 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(es).
Supervisor of Elections will:
Prepare and pack ail supplies and ba;iots needed for a rictioi; piecncts.
Print and bind Poll Lists/Precinct Registers and Street Index(es)
BALLOT TABULATING EQUIPMENT
City will:
Pay appropriate rental fees for each precinct tabulator.
At the time designated, pick up precinct tabulator(s) and other election equipment
at the election warehouse and deliver to the PROPER polling place(s).
S of E will:
Prepare, program and test tabulating equipment.
Conduct public test of tabulating equipment
Provide stand-by personnel for troubleshooting.
Train personnel to operate equipment.
RESULTS:
City will: Provide for collection of results from precinct.
Supervisor of Elections will: Program tabulators to print out correct 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)
SOEOPK1/RESPONS.MUN 7-28-95
Supervisor of Elections will:
Provide samples of required advertising upon request (English only).
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 and retain affirmation forms.
Sort, inventory, and pack, all election materials and ballots for pick up by City Clerk
for retention and disposition.
SOEOPK1/RESPONS.MUN 7-28-95