Okaloosa County BOCC — May 17, 2013 — SOE - Use of Voting Equipment — reading text

(Re eer socurmccememenmanncinee se ccemaceneern "at Paul Lux, Jie ile Supervisor of Elections April 30, 2013 The Honorable Don Amunds Chairman, Okaloosa County BCC May 7, 2013 Board Meeting RE: Use of Voting Equipment for Non-Governmental Elections Mr. Chairman, As the Board is no doubt aware, you--the Okaloosa Board of County Commissioners--are the purchaser and owner of the equipment used to conduct elections in Okaloosa County. Pursuant to 101.34 F.S., the office of the Supervisor of Elections is given the responsibility of being custodian of that equipment. As our policies and procedures have evolved due to changes in law, we often seek to use our equipment in non-governmental elections to enable us to vet and troubleshoot and refine our procedures before they are used in "real" elections. As we have been approached in some cases to continue to provide these services, | have deemed it prudent as we go forward to establish a written policy. This policy will clearly outline the costs that will be recovered from such organizations to ensure that any taxpayer money spent on these endeavors is recouped. In order to facilitate these uses of your voting equipment without the need to clutter the Board's agendas, | am seeking your approval of my written policy as the terms under which | may be permitted to conduct non-governmental elections at my discretion. Your consideration and approval is greatly appreciated. Sincerely, Your Vote Counts! www.govote-okaloosa.com 302 Wilson St N, Ste 102 Crestview, FL 32536-3440 Ph: 850.689.5600 Fx: 850.689.5644 1804 Lewis Turner Blvd, Ste 404 Fort Walton Beach, FL 32547-1285 Ph: 850.651.7272 Fx: 850.651.7275 Email: plux@co.okaloosa.fl.us Paul Lux, Okaloosa County Supervisor of Elections VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTIONS SERVICES CONTRACT FOR OUTSIDE ELECTIONS USING HIGH SPEED VOTE PROCESSING EQUIPMENT This Vote Processing Equipment Use Agreement and Elections Services Contract for Outside Elections Using High Speed Vote Processing Equipment (hereinafter referred to as the “Agreement”) is hereby entered into by and between the Okaloosa County Supervisor of Elections Office, (hereinafter referred to as “SOE”) and the (hereinafter referred to as “ORGANIZATION’). RECITALS: WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Okaloosa County, Florida and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, ORGANIZATION desires to conduct an election that requires the use of high speed vote processing equipment to count ballots; and, WHEREAS, All high speed vote processing equipment requires specially trained and knowledgeable individuals to program, operate and maintain said equipment; and, WHEREAS, The Okaloosa County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said equipment; NOW, THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein, SOE and ORGANIZATION agree as follows: SECTION 1. Recitals. The above recitals are true and correct and incorporated herein. SECTION 2. Agreement. SOE shall provide to ORGANIZATION such necessary high speed vote processing equipment and services according to the terms and conditions stated in this Agreement, for the purposes of conducting an election to be held on OUTSIDE ELECTIONS AGREEMENT Page 2 of 4 SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. Operation and Programming Services. SOE shall use the Dominion high speed vote processing equipment for tabulating the election results. ORGANIZATION agrees to pay SOE (Insert particular election requirements and costs from fee schedule.) Repairs. All maintenance, repairs or other troubleshooting services for high speed vote processing equipment will be performed exclusively by SOE and such services are included in all stated charges. Term. The terms of this Agreement begins with ballot layout and concludes when ballots have been counted and processed. All ballots, envelopes or other documents attached with the ballots shall be returned to the ORGANIZATION. Other Election Charges. ORGANIZATION shall pay to SOE for any other goods or services not specifically provided for in this Agreement but that may be otherwise described or listed in the latest Outside Elections Fee Schedule as previously provided or distributed to ORGANIZATION. ORGANIZATION agrees that the Outside Elections Fee Schedule, and the prices contained therein, may be subject to change without notice. Ballot Services. ORGANIZATION shall furnish all ballot information no less than three weeks before the election. SOE agrees to provide the layout of the ballot(s) based on the information furnished by ORGANIZATION and deliver ballot layout to an SOE approved printer. ORGANIZATION will place the ballot order with the approved printer and shall bear all costs of printing, including any additional surcharges that may be applicable for using the appropriate paper stock. Both SOE and ORGANIZATION must sign off on ballot proof. Once test ballots are received from the printer, SOE will program all high speed vote processing equipment and verify the accuracy of tabulating equipment. Personnel Provided. SOE shall provide at least one (1) qualified staff person that will be present at all times during the use of any vote processing equipment. ORGANIZATION is responsible for providing at least one (1) person to assist with the opening of ballot envelopes, ballot counting and to insure the accuracy or verification of the results. Location of Voting Equipment. Ballot counting shall only take place at the Offices of the Supervisor of Elections, located at 302 Wilson Street North, Suite 102, Crestview, FL 32536. 04/24/2013 OUTSIDE ELECTIONS AGREEMENT Page 3 of 4 SECTION 10. SECTION 11. SECTION 12. SECTION 13. Recounts. ORGANIZATION shall agree to pay for any expenditure for conducting a recount, including any expenses for reprogramming the high speed vote processing equipment and other expenses as may be necessary to conduct a recount. Hold Harmless Covenant. ORGANIZATION shall at all times hereafter indemnify, hold harmless and, at SOE’s option, defend or pay for an attorney selected by SOE to defend SOE, its officers, agents, and employees against any and all claims, damages, injuries, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, arising out of or resulting from any or all acts of omission or commission of or by the ORGANIZATION, its officers, agents, or employees, with respect to any election conducted pursuant to this Agreement. ORGANIZATION also agrees to indemnify SOE against any administrative challenges, civil suits, or other legal challenges or appeals that may arise, including all attorney's fees and costs, from the contest of election results or the validation of any candidate qualifications. Parties recognize that SOE is a state agency or subdivision as defined in Section 768.28, Florida Statutes and that nothing herein is intended to serve as a waiver of sovereign immunity by SOE for acts or omissions to which sovereign immunity applies. Furthermore, nothing herein shall be construed as consent by SOE, as a state agency or subdivision of the State of Florida, to be sued by third parties in any matter arising out of any contract. Entirety_ and Amendments. The Agreement embodies the entire agreement between SOE and ORGANIZATION and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective or binding unless submitted in writing and executed by duly authorized representatives of both SOE and ORGANIZATION. Effective Date. The Effective Date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and ORGANIZATION as shown on the signature page hereto. 04/24/2013 OUTSIDE ELECTIONS AGREEMENT Page 4 of 4 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and ORGANIZATION for purposes of executing this Agreement on the dates set forth below. Signature Signature Paul Lux Name (Printed or Typed) Name (Printed or Typed) Supervisor of Elections Title Title Date Date Witness Signature Witness Signature Witness Name (Printed or Typed) Witness Name (Printed or Typed) 04/24/2013 aloos Paul Lux, Skee County Supervisor of Elections OUTSIDE ELECTIONS FEE SCHEDULE SUPERVISOR OF ELECTIONS OKALOOSA COUNTY, FLORIDA ELECTION DAY SERVICES “Polling Place” Elections 2012-2013 $150.00 for election and programming services (includes one (1) tabulator, eight (8) voting booths, one (1) ballot box, signs, flags, ballot layout and testing, and a printer liaison). $75.00 programming services fee for each additional tabulator that is identically programmed. $60.00 programming services fee for each additional election that is programmed but is not identical to the first election. Note this programming service fee does not include the use of an additional tabulator or additional equipment. Delivery Charge: $45 flat fee for standard “Polling Place” election (1 tabulator, 8 voting booths, 1 EBB) + mileage @ .55 per. 04/24/2013 OUTSIDE ELECTIONS FEE SCHEDULE HIGH SPEED COUNTER SERVICES Mail Ballot Elections Service Fees for Voting Booths Service Fees for Ballot Boxes OTHER ELECTION CHARGES Consumable Supplies Page 2 of 2 $200.00 per election which includes up to four (4) hours of processing time, election set-up and _ coordination, programming of high speed ballot counting equipment and processing of envelopes through the automatic envelope openers. $50.00 for each additional hour Service charges apply for staff to obtain voting booths from storage and then return them to storage. $6.00 for 1 to 3 booths. $2.00 for each additional booth. Service charges apply for staff to obtain ballot boxes from storage and then return them to storage. $ 5.00 for 1 to 5 ballot boxes. $ 1.00 for each additional ballot box. $50.00 per location 04/24/2013