Agenda 10/22/2013 Item #16J3 10/22/2013 16.J.3.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the February 4,
2014, City of Naples 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 4, 2014, 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 4, 2014, 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 Chairwoman to execute
the agreement.
Prepared by: Jennifer J. Edwards, Supervisor of Elections
Attachments: Interlocal Agreement for Election Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.J.16.J.3.
Item Summary: Recommendation to approve an Interlocal Agreement for Election
Services for the February 4, 2014, City of Naples election.
Meeting Date: 10/22/2013
Prepared By
Name:BrockMaryJo
Title: Executive Secretary to County Manager, CMO
10/10/2013 9:14:27 AM
Submitted by
Title: Executive Secretary to County Manager,CMO
Name: BrockMaryJo
10/10/2013 9:14:28 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst.Office of Management&B
Date: 10/10/2013 9:36:33 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 10/10/2013 9:58:30 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/10/2013 1:35:59 PM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 10/10/2013 2:02:14 PM
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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 4, 2014, 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.
WITNES SETH
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 granted by the Florida Constitution.
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 interfered in any way with the
City's exercise of its home rule powers pursuant to the conduct of the 2014 City Election.
3. To facilitate the City's conduct of its February 4, 2014, election, the Supervisor shall
perform those duties expressly and implicitly contained in this Agreement.
4. There will be no early voting in the February 4, 2014, City Election.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the 2014 City Election:
• 20 DS200 optical scanners (2 per polling place plus 6 backups)
• 20 EViDs with battery backups (2 per polling place plus 6 backups)
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• 11 iVotronic ADA units with booths (1 per polling place plus 4 backups)
• 7 full sets of precinct signs with flags
• 7 precinct file caddies and all necessary supplies
• 84 voting booths (12 per polling place)
• 7 cell phones for Clerks
6. The City is responsible for providing the final list of qualified candidates to the Supervisor
immediately after the qualifying period ends.
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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 2014 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, absentee
materials, affidavits, affirmations and training materials used in the 2014 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 2014
City Election. The City shall enforce §102.031(4) and (5), Fla. Stat. The Supervisor shall train
all deputies on the above-referenced rule.
20. The Supervisor is responsible for all absentee ballot processing, including signature
verification. The City is responsible for any direct costs associated with the same.
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21. The Supervisor is responsible for preparing and publishing bilingual notices for book
closing, and all canvassing board meetings, in accordance with general law, and obtaining the
affidavits of publication. The City shall be billed for said notices and is responsible for payment
of the same. The City is responsible for preparing and publishing any notices not listed above,
such as the sample ballot.
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 2014 City Election, arising
out of or resulting from any and all acts of omission or commission relating to the 2014 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 2014 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 2014 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 2014 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. The City agrees to pay a $5,400 deposit to the Supervisor no later than 45 days prior to the
2014 City Election. This deposit covers the DS200 fee ($2,000), the EViD fee ($1,000), poll
worker training ($550), the use of the tabulation equipment ($1,000), and ballot design($850).
27. The City is responsible for direct payment of all election workers and mailing their checks.
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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 of publishing the required notices;
• the actual cost in staff time, using base salary only, for work solely performed in support
of the 2014 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 2014 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.
33. The City shall obtain 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 2014
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 4, 2014, 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.
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand
and seal this /AAA day of &lib , 2013 by the City Council of Naples, and
this day of , 2013 by the Collier County Board of County
Commissioners and the Supervisor of Elections of Collier County.
ATTEST: Collier County Board of County
Dwight E. Brock, Clerk Commissioners
, Deputy Clerk Georgia A. Hiller, Chairperson
Approved as to form and legal sufficiency Supervisor of Elections of Collier County
for the County:
- ,;
Sc R. Teach Je ."er J. Edward:/Sure, isor of Elections
Deputy County Attorney
ATTEST: City of Naples
Patricia L. Rambosk, City Clerk ohn F. Sorey III, Ma or
City of Naples
Approved as to form and legal sufficiency
for the City:
Robert D. Pritt
City Attorney for the City of Naples
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