Agenda 10/10/2017 Item #16J210/10/2017
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the February 6,
2018, City of Naples municipal election.
OBJECTIVE: To obtain approval of an Interlocal Agreement for Election Services with the Collier
County Supervisor of Elections and the City of Naples for election services for the February 6, 2018, City
of Naples municipal election. The agreement is between the Collier County Board of Comissioners, as
owner of the voting and ballot tabulation equipment, the Collier County Supervisor of Elections, as
custodian of the County's voting and ballot tabulation equipment, and the City of Naples, as the party
holding the election and paying for election services.
CONSIDERATIONS: The past practice in Collier County has been for the Board of County
Commissioners, as the owners of the voting equipment, to authorize the use of county-owned voting
equipment for municipal and district elections. In accordance with past practice, the attached Interlocal
Agreement identifies the equipment and services that will be provided to conduct the February 6, 2018,
City of Naples municipal election, and the respective duties and responsibilities of the parties.
FISCAL IMPACT: The Collier County Supervisor of Elections will submit an itemized bill to the City
of Naples to be paid to the Collier County Board of County Commissioners for services rendered.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
request.
RECOMMENDATION: That the Collier County Board of County Commissioners approves the
proposed Interlocal Agreement for Election Services and authorizes its Chair to execute the agreement.
Prepared by: Jennifer J. Edwards, Supervisor of Elections
ATTACHMENT(S)
1. Interlocal Agreement for Election Services City of Naples 2017 (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.2
Doc ID: 3798
Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for
the February 6, 2018, City of Naples municipal election.
Meeting Date: 10/10/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
09/26/2017 2:18 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/26/2017 2:18 PM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/28/2017 8:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2017 10:28 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 3:54 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 09/28/2017 6:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 5:16 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Naples, Collier County, and the Collier County Supervisor of
Elections
This Agreement for Election Services (Agreement) is for the February 6, 2018, City Election,
and is by and among the City of Naples ("City"), Collier County, by and through the Collier County
Board of County Commissioners ("County"), as owners of the County's voting and ballot
tabulation equipment, and the Collier County Supervisor of Elections ("Supervisor"), as custodian
of the County's voting and ballot tabulation equipment.
WITNESSETH
In consideration of these premises, the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it
is agreed by and between the parties as follows:
1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation
Act of 1969, set forth in § 163.01, et seq., Fla. Stat., and is further authorized pursuant to the parties'
respective home rule powers or other powers granted by the Florida Constitution or general law.
2. The City represents that under the terms of the City Charter, the City is responsible for the
conduct of all its municipal elections except when the City chooses to call a special election to be
held by mail ballot. Nothing in this Agreement shall be construed to imply that the County or the
Supervisor interpreted the provisions of the City's charter or is interfering in any way with the
City's exercise of its home rule powers pursuant to the conduct of the 2018 City Election.
3. To facilitate the City's conduct of its February 6, 2018, election, the Supervisor shall perform
those duties expressly and implicitly contained in this Agreement.
4. There will be no early voting in the February 6, 2018, City Election.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the 2018 City Election:
• 20 DS200 optical scanners;
• 20 EViDs with battery backups;
• 11 ExpressVote ADA units;
• All precinct signs and required notices;
• 7 precinct file caddies and supplies;
• 7 tabletop voting booths;
• 84 voting booths; and
• 7 cell phones for use by the Clerks.
6. The City is responsible for providing the final list of qualified candidates to the Supervisor
immediately after the qualifying period ends.
7. The Supervisor is responsible for preparing all voting equipment and materials for the election
to the standards established by the Florida Election Code and the Division of Elections. The City
is responsible for any direct costs associated with the same.
8. The Supervisor is responsible for the timely delivery and retrieval of all voting equipment and
supplies. The City is responsible for any direct costs associated with the same.
9. The City is responsible for any direct costs needed to use or prepare a polling place for the
election.
10. The City is fully responsible for any loss of or damage to voting equipment, supplies or
consumables used exclusively to conduct the 2018 City Election.
11. The City is responsible for properly safeguarding any ballots in its custody.
12. Nothing in this Agreement shall require the County or the Supervisor to purchase or acquire
any additional voting equipment, supplies or consumables outside the County's current inventory.
13. Neither the County nor the Supervisor shall be held accountable for equipment needs not
specified in this Agreement. Untimely requests for voting equipment, supplies or consumables
create no duty or obligation for the County or Supervisor to perform.
14. The Supervisor is responsible for programming the election, designing the ballot, and
producing and delivering a sufficient quantity of ballots to conduct the election. The City is
responsible for any direct costs associated with the same.
15. The Supervisor is responsible for tabulating and reporting the results. The City is responsible
for any direct costs associated with the same.
16. The City shall be present for the logic and accuracy test, which is scheduled for the Tuesday
before the election at the Supervisor's office at 10:00 a.m.
17. The Supervisor is solely responsible for the content and format of all ballots, vote -by -mail
balloting materials, affidavits, affirmations and training materials used in the 2018 City Election.
18. The Supervisor is responsible for selecting and training the election workers, and the
development of training materials. The City Clerk or an authorized City representative shall attend
at least one (1) training session.
19. The City shall be liable for all actions taken by the election workers in executing the 2018 City
Election. The City shall enforce § 102.031(4) and (5), Fla. Stat.
(4)(a) No person, political committee, committee of continuous existence, or other group
or organization may solicit voters inside the polling place or within 100 feet of the entrance
to any polling place, or polling room where the polling place is also a polling room, or early
voting site. Before the opening of the polling place or early voting site, the clerk or
supervisor shall designate the no -solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms "solicit" or "solicitation" shall include, but
not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution;
distributing or attempting to distribute any political or campaign material, leaflet, or
handout; conducting a poll except as specified in this paragraph; seeking or attempting to
seek a signature on any petition; and selling or attempting to sell any item. The terms
"solicit" or "solicitation" shall not be construed to prohibit exit polling.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting
is unlawful, based on the particular characteristics of that polling place. The supervisor or
the clerk may take any reasonable action necessary to ensure order at the polling places,
including, but not limited to, having disruptive and unruly persons removed by law
enforcement officers from the polling room or place or from the 100 -foot zone surrounding
the polling place.
(5) No photography is permitted in the polling room or early voting area.
The Supervisor shall train all deputies on the above -referenced rule.
20. The Supervisor is responsible for all vote -by -mail ballot processing, including signature
verification. The City is responsible for any direct costs associated with the same.
21. The City is responsible for preparing and publishing notices for book closing, the logic and
accuracy test, all canvassing board meetings and the sample ballot, in accordance with general law,
and obtaining the affidavits of publication.
22. The City is responsible for retention and destruction of any election materials in its custody in
conformity with applicable State and Federal laws.
23. With the exception of activities relating directly to the Supervisor's determinations regarding
voter registration and eligibility, and to the extent permitted by law, the City shall indemnify,
defend and hold harmless the County and the Supervisor, their officers, agents, and employees,
from and against any and all actions, in law or in equity, from liability or claims for damages,
injuries, losses, and expenses including attorney's fees, to any person or property which may result
now or in the future from City's activities associated with the 2018 City Election, arising out of or
resulting from any and all acts of omission or commission relating to the 2018 City Election or the
City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall
indemnify, defend and hold harmless the County and the Supervisor, their officers, agents and
employees, from and against any and all actions, in law or in equity, from liability or claims for
damages, injuries, losses, and expenses, to any person or persons authorized by the City, its
employees, or agents to participate in the 2018 City Election when not otherwise authorized or
eligible, or from events relating expressly to the City Election. In defending the County and the
Supervisor from any indemnified claim, the City shall not settle any such claim without first
receiving the consent of the County and the Supervisor, such consent not to be unreasonably
withheld or delayed. The County and/or the Supervisor shall also have the right to participate in
their own defense against any indemnified claim with counsel of their own choice, at their own
expense and at their option.
24. All costs, including attorney's fees and court costs, shall be paid by the City for:
• litigation involving payment due to the County or Supervisor and for collection for any
judgment recorded against the City; and
• litigation involving the 2018 City Election whether brought by an elector, the U.S.
Department of Justice, or others.
25. The fee to use the voting equipment is $100 per DS200 ($100 x 20 DS200s = $2,000) and $50
per EViD ($50 x 20 EViDs = $1,000). The fee shall cover wear and tear on the equipment and any
costs needed to service or repair the equipment used in the 2018 City Election. In the event the cost
of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for
the difference.
26. In addition, the City agrees to pay the direct costs for election programming, election worker
training, ballot design, paper ballots, audio ballots, and vote -by -mail materials.
27. The Supervisor is responsible for direct payment of all election workers and mailing their
checks. The City is responsible for any direct costs associated with the same.
28. The Supervisor will bill the City within ten (10) business days after the election is certified.
29. The City shall pay all election costs within thirty (30) days of receiving the bill from the
Supervisor.
30. The rates to be used by the Supervisor are as follows:
• the actual cost in staff time, using base salary only, for work solely performed in support of
the 2018 City Election;
• $.10 per page for 8.5" x 11" or 8.5" x 14" copies;
• $.15 per page for duplexed copies;
• $.20 per page for unprinted ballot paper; and
• any other expenditures required to conduct the 2018 City Election and paid for by the
Supervisor.
31. The City is responsible for all direct costs of its election, whether or not said costs are listed in
this Agreement.
32. The City's failure to comply with any of these provisions, as determined by the Supervisor,
shall constitute adequate grounds for termination of this Agreement for convenience by the
Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice from
the Supervisor to the City. However, any such termination for convenience by the Supervisor shall
not relieve the City from fully complying with any of its outstanding obligations under this
Agreement.
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33. The City shall obtain or maintain an insurance policy which shall name the County as
additionally insured or agree to provide coverage through the City's self-insurance and shall assure
that the County will have no financial obligation which includes the City's responsibility for paying
any deductible for any damages to the County's voting equipment used in the election. A copy of
the City's Certificate of Insurance identifying the County as an additional insured party shall be
provided to the County.
34. In the event there is an election protest, contest or sequestration order arising from the 2018
City Election involving any component of the County's voting system and/or equipment which
would preclude its further use until the matter has been resolved by the courts, and the County has
an election scheduled where the equipment must be used, the City shall make a $25,000 security
deposit to Collier County within ten (10) calendar days of the issuance of the sequestration order
for the voting and/or tabulation equipment involved. The unused balance on the security deposit
shall be returned to the City when the legal matter has been resolved and the equipment has been
returned.
35. This Agreement shall be valid only for the February 6, 2018, City Election.
36. In the event any part of this Agreement is determined to be unenforceable by a court of
competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement.
37. The City shall provide for its own Canvassing Board. The Supervisor shall provide a location
at the Supervisor's ballot -counting location for the Board's use and shall cooperate with the Board
in providing information and documentation necessary for the Board's functions.
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and
seal this day of , 2017 by the City Council of the City of
Naples, and this day of , 2017 by the Collier County Board of
County Commissioners and the Supervisor of Elections of Collier County.
ATTEST:
Dwight E. Brock, Clerk
, Deputy Clerk
Approved as to form and legality for the
County:
Scott R. Teach
Deputy County Attorney
ATTEST:
Patricia L. Rambosk, City Clerk
City of Naples
Approved as to form and legal sufficiency
for the City:
Robert D. Pritt
City Attorney for the City of Naples
Collier County Board of County
Commissioners
Penny Taylor, Chair
Supervisor of Elections of Collier County
Jennifer J. Edwards, Supervisor of Elections
City of Naples
Bill Barnett, Mayor