Item 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
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VERN COMBS
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(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: