Agenda 10/25/2011 Item #16J1n
10252011 Item 16.11.
Rxommadation to approve a m1beel Interloal Agramat for Election Services
bmwea Everglades City end Cosier County W avvatlou with fee City's oeat
regularly sehedoW monicdpal Wection to he held on November 22, 3011.
ORJECTIVE: To obtain Board approval and aullmrvation for the Cbairperson to sign
and career into a mvixd IWerlocal Agreement for Elation Services fm the Noveaber 22,
2011, Everglades City municipal election. This agreement is among and between the
Collier Comity Huard of Camimiaeq as owners of use voting and Lellot tabulation
aquhpmat, the Collier Comity Supervisor of Elavaa, as custodian a the Countys
voting oral ballot tabulation eyuipment, and Everglades City, as the Party holding the
election.
CONSW) TIONS: On Sepeanber 13, 2011, the Bard of County Commusiorers
approved an Inteilocal Agnomen for Election Services to conduct the Everglades City
municipal election schodWed for November 22, 2011, which was never untamed. The
auabM revised Agreement corrects errors in style, simplifies the language, and is
W"W w supersede and replace the Intoner unexecmed Agreement in its emirny.
Everglades City agrees vrM these clumps and bas signed to attaGred revisal
Agreement
FISCAL IMPACT: The Collier County Supervisor ofElations will render a bill w the
City of Everglades City to be paid to the Collier County Board of County
Comrnisshoners.
LEGAL CONSIDERATIONS: This ban has bee reviewed and approved by use
Comely Attomeys Office, is legally sufficient for Board action and only requires a
majority voro for approval —SRT.
GROWTR MANAGEMENT' MACT: Them is no Growth Mategement Impact
Meadow with this Executive Summary.
RECOMMENDATION: That the Collie County Board of County Commission en
approves the proposed revbW lounlocal Agreement for Election Services which
supersedes fie unexecmd prevhously approved Interlocal Agrennat, ant ambmim its
Cheirmato sign use aaacbed AgremierR
Preperedby: Jarmiferl.EdwmxIs,Sup morofElections
Atrxtuncon: Iruerlocal Agreement for Elation Services
Packet Pap -2a)1�
10/25/2011 Item 16.J.1.
COLLIER COUNTY
Board of county Commissioners
Item Number: 161,1.
Item Summary: Recommendation to approve a new lnterlocal Agreement for Election
Services between Everglades City and Collier County in connection with the City's next regularly
scheduled municipal election to be held on November 22, 2011,
Meeting Date: 10/25/2011
Prepared By
Name. Brockuti
Title FzwNlve Swresry to County Manage. CMO
I0/4YS011 1011:24 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BmckMarylo
10/42011 10:11:15 AM
Approved By
Name: TCachSCmt
Title. Deputy County Atlomcy,000nty Attorney
Dam I0/IN2011 2'.55117PM
Name'. Klatrkowleft-
Title Count, Attorney,
Date'. 10/14/2011 12x1108 PM
Name ShcfficldMichael
Title: Manager-BUSiness Operations, COO
Date 10/14/2011 13 x 41 PM
Packet Page -2472-
10/25/2011 Item 16.J.1.�
SEF292011at11:40
QJ'1'ERL0CAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Everglades City, Collie County mod the Collier County Supervisor
of Elections
This Agreement for Election goods (Agreement) is for the November 22, 2011, City Council
Elation, and is by and among the City of Everglades City (" Ciry" J, Collier Crime, by end through the
Collier County Board of County Cmnmissiorm C Countty-T As owned of Me County's voting and
ballot tabulation equipment, and Me Collier County Supervisor of Elatimp ( "Supaviso2), As
custodian addle Count's vating and ballot tabulation auipment
WITSESSEfH
In consideration of them premises, Me sum ofTen Collars (510.00), and other good and
valuable consideration, the receipt and suffcieney of which ih hereby mutually acknowledged it is
agreed by and between Me patient As follows:
1. This Agreement is send into pursuant to Me provisions of Me Florida MterMeal Cooperation
Ad of 1969, ad font in §16101, a coq., Fla. Seat, and is fuller auNOrizd pursuant to the panics'
respective home mle powers granted by Me Florida Contribution.
2. The City represents Met under the corms of the City Charter, Me City is responsible fa the conduct
of all its municipal elections exmpt when the City chooses to call a specitl election to he had by mail
ballet Nothing in Mis Agreement shall be anumd w imply Mat Me County or Me Supervisor
interpreted Me provisions of the City's charter or interfered in any way with Me City's exercise of its
home rule powers poduant to Me conduct of M, City election.
3. To fncilitate the Citys conduct of its November 22, 2011, elacdun, or Supervisor shall perform
those duties expressly and implicitly contained in this Agreement.
4. The City is responsible fm obtaining dedsaraac firm the U.S. Department of Justice if
necessary, and shall provide M Me Supervisor and Me Florida Attorney General copies of any letters
and dumunen s pertaining to Me same. Said copies shall tr provided to the Supervisor within two (2)
business days ofmceipt from or homenj tal to the U S. Department of Justice .
5. Subject to Me room of this Agmanentl the County agrees to deploy Me following items w
residual Me City's elation:
• 2 DS 200 optical scanners;
• 2 EciUS, with battery backups;
• 2 Wearable ADA Units with booths:
• I laprup computer (if needed);
all precinct signs and required murices;
. I Funded file caddy and supplies;
• 3 voting booths: and
. 2 all phones Mr use by Me Clerk,
6. The Supervise responsible for preparing all voting equipment And materials for Me election to
the standards established by Me Florida Elation Code And the Division of Elections. The City is
responsible for any direct costs msaierd with Me static.
Packet Page 2473
10/25/2011 Item 16.11.
J. The supervisor is responsible for the timely delivery and retrieval of all voting equipment and
supplies. The City is resgmsible for any direct costs assaievC with the same.
g. The City is responsible for any direct cuss needed b use or prepare a polling place for the
cortion.
9. The City is fully impossible for any loss of or damage to voting equipment, supplies or
nwaumabm in its eusmdy.
10. The City is responsible for properly sakguarding any ballots in is custody.
11. Nothing in this Agreement Asti require me County or the Supervisor to Purchase or acquire any
additional voting equipment. supplies or communities mbide the County's current inventory.
12. Neither me County nor me Supervior shall be held accauMabie far equipment needs not specified
in this Agreement Untimely comam for voting egvipmem, supplies or wnsumables cram no duty or
obligation for the County or Supervisor to perform.
13, The Supervisor is responeible for programming me election, daring the ballot, and producing
and delivering a sufficient quantity of bailors to conduct file election. the City is responsible for any
direst coats associated with the same.
14. The Supervisor is responsible for tabulating the results. The City is responsible for any direct costs
muscatel with the same.
15. The City shall be present for the logic and amatory mss which is scheduled for the Tuesday
before the election at the gupervimr's office at 10:00 a.m.
16. no Supervisor is solely nspoaible for the content and format of all ballots, absentea materiels,
andavis, affirmations; and nsining materials used in the City's elation.
17. The Supervisor shall bes compactible for training the elation workers, and the development of
braining troubles. The City Clerk or a reprdentative will mend at last one (1) training session.
19, The City shall M liable for all scions takes by the Citys elation workers during the course of its
election day. The City shall enforce 4102.031(4) and (5), Flu, Sot (201 ]),which provides:
(4)(a) No petwn, Political committer, commilla of continuous existence, or other group or
organization may infect voters inide the polling place with in 100 feet of me crumbs to any
polling place, or pollingroom whom the polling plain its also a polling mom, or early voting
site Flefoo the opening offer polling place or wrly voting site, the clerk or supervisor shall
design¢ the no- solicitation race and over the boundaries.
(b) For the pmpoce of this americium, the ozone "splice or "solicitffiion' shall include, but not
he Ivniled m, seeking or atiemptingm sack any von, fact, opinion, or contribution; distributing
or attempting to distribute any political or campaign material, brinier, or handout; conducting a
poll except as specified in this Telegraph; wassom or attempting he same a signore on any
Petition; and wiling or attempting m sell any item. The terms "solicit- or "solicitation" shall not
be wnwed to prohibit exit polling.
Packet Page 2474
10/25/2011 Item 16.11
(c) Each supervisor of elections shall inform the clakof Me era within which soliciting is
Sleds may 1, base an the modulo ionuaeeinies of Mal polling place. The supervisor in Ibdn
hot mun make my actions ndmandly, eucsum others Mecalling pecame incu g,
from limited to, room lee or frandunrulypersonarturrou by lawepiling fine,
from the polling mom or mime or from sae 100 -fool rune surrounding the polling place.
(5) No pinegmphy is pennitte in the Polling mom or costly voting erne
The Supervisor shall train all depmics on Me above - reference] roe.
19. lee Supervisor will design and provide all absentee belly maerids for the elation. Ile City is
responsible for timely processing all Structure animism addressing anamens mvclopes, and providing
pewee. The Strummer will verify signaures that arc faze or emaded to the Supervisor's office.
20. The Supervisor shall prepare and have published bilingually the notices for book closing. Me logic
and accuracy teal, ad all canvaest, board meetings, in accordance who general law, and obtain the
affidavits of publication. The City shall be billed for said notices and is responsible for payment ofmo
sense. The City is responsible Poe preparing and Publishing any Makes not listed above.
21. The City Shull h responsible for retention and destruction of all election materials In conformity
with applicable State and Pat laws.
22. Wit the exception of activities relating directly in Me Supervisors determinations regarding voter
registration and eligibility, and to the extent pclmimed by law, Me City shall pay for the Supery eves
selection of defense counsel and itWatmify and hold harmless Me County, Me Supervisor, their
officers, agents, and employee, from and Sooner my and all actions, in law or in equity, fwm liability
or claims for damages, injuries, losses, and expenses including attorney's few, to my person or
property which may react now or in Me faece room Pines activities associated with this City election,
sing Mm of or resulting hem my and all acts of omission or mmmisam relining a Me City's
election or Me Citys responsibility under this Agreement. Paribas, to toe extent mumbled by law, the
City mall pay fm Me Supery area selection of defcna because! and indemnify and hold harmless Me
County, Me Supervisor, thcit ofcers, agents and employees, from and against my and ail actions, in
law or in equity, from liability or claims for damagesi injuries, losser, and expenses, to any person or
persona authorized by Me City, is employees, or agents to pa[icipate in the City election When not
otherwise authorize or eligible, w from events relating expmssly to City election activity.
23. All mm. including aomey'a fecs and coon costa "I be paid bythe City for:
I litigation involving Payment due to Me County our Supervisor and for collation for any
judgment ecorde against the City, and
litigation l nvolving Me Citys dectien whether brought by m sharer, the U.S. Deportment of
• Justice, ornMm.
24. IMe fec W ua Me voting eluipmut i$ $IW per voting unh ($100 x 4 units = $400) and $50 pee
EViD ($50 x 2 EViDs = $100). ]ire ke sbail cover berm and tear on Me equipment and my cons
weed a service or repair Me equipment used in Me City's election. In the event Me cast of such
Monsment Paris eawds Me ammum of Me Ice, Me City sell reimburse the County for Me
difference. in addition, the City agrees to pay Me direct carts for chance programming, election
Packet Page -24]5-
10/25/2011 Item 16.J.1.
^ worker training, ballot design, paper Leticia audio ballots, and summer amounts. The Supervisor will
bill Me City whin ern (10) businew days after Me election is certified.
25. The City shall pay all election costa within thirty (30) days of receiving the bill form Me
Supervisor.
26. The reres to be used by Me Supervisor me as follows:
I Me actual cast of publishing Me empirical notices;
I the actual mn in staff time using base salary Mr work solely in support of the Chys election;
a $. 10 per page for 85 "x11 "m 8.5 "x14- caples;
a 5.15 per page for duplexed mpir;
• $.20 per page for automated ballot paper , and
I any other expenditures required to conduct Me Cayselection and paid for by the Supervisor.
27 . The City shall he respm¢ible for all direct costs of ill election, whether, or not said costs arc listed
in this Agremcnt.
28. The City 's failure to comply with my of these provisions, as determined by the Supervisor, shall
mostituter adequate grounds for purnwention of this Agreanmt for convenience by the Supervisor,
behalf of Me supervisor and Me County, upon five (5) calendar days names from the Supervisor to Me
City. However, any such terminetion for convenience by Me Supervisor shall net relieve the City
from fully complying with my of its surrounding obligations under this Agreement.
29. Nothing In this Agreement relieves Me City of its responsibility to develop security, procedures fur
IN electim.
30. The County and Me Supervisor have no liability for carts or expenses or other liability incurred by
the City in preparation for this election should Me U.S. fyeparin ent of Justice note an objection in its
responm Mthe Mayor's mluem. Further, should Mw k a response notingm abjection which would
delay or prohibit Me conduct of Me election, Me City is not showed of any reined financial obligation
owed to the County and Supervisor sing form fens, goods and inarvioeq, or cover mod and expense
whether or not spmifiW ly ser hurt in this Agreement, inmrrM by the Sulpervisour up to Me rime the
City notifies the Supervisor in writing mfthe Department minutiae objection.
31. Um City shall obtain an insurance policy which slmll name Me County as additionally insured or
agree to provide coverage through Me City's self- insurance and shall assure that Me County will have
no Curatorial obligation which includes Me Cityh responsibility for paying any dWUdian; for my
damage to Me Coumys voting equipment used in the election. A copy of the City's Certificate of
Insurance identifying Me County as an additional insured shall k provided to Me County.
31 In Me event Mere is an elation prouset, contest or sequestration order arising from Me City's
election involving my component of Me County's voting system and/or equipment which would
preclude ill further use until Me matter has been resolved by Me covets. and the Cowry has an election
scheduled where Me equipment most be used, the City shall mall a $2,000 security deposit to Collier
County within con (10) Wender days of Me jamposers, of Me soquesmation order for Me voting
equipment involved. The unused balance on the security deposit shall ban remand to the City when Me
legal matter has been resolved and Me equipment bas been proposed.
Packet Page -24I6-
10/2512011 Item 16.J.1.
33, The City stall impede for candidates, candidate supporters, and members of the Ares to
congregate and await election results in some publicly accessible meeting arts such v City Hall or I
other comparable location.
34. This Agreement shell be valid only for the City's elation held November 22, 2011.
35. In the event any past ofthis Agreement is d=mdned to be unenfommble by a court of compeerd
jurisdiction, said ruling "LI not invalidate the remaining parts of the Agewment.
IN WITNESS Wf1ER F, the patties hereto authorize this Agreement and affix mcir hand and
seal this 22 ..A day of 4.r,&t 2011 by the City Council of the City of Everglades,
and this day of 2011 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, Clark Commissioners
, Deputy Clark Fred Coyle, Chairman
Approved as to Corm and legal sufficiency Supervisor of Elections of Collier County
for the County:
Stun Teach Jennifer J. Edwards, Supervisor of Elections
Deputy County Attorney
ATPEST: City of Everglades City
city Cl a1mr I u Z
Dottie Smallwood, City Clerk Smnmy Hamiltm,Mayor
City of Everglades
Approved as to form and legal sufficiency
m aCi
y of Evegl odes City Attorney
Packet Page 2477
10/25/2011 Item 16.J.1.
E.Nlbn A
Connotations. RwBr
s.18.1 SECMRT'%1MMUREBbrB dAem Munt MEElectiom
(ore cwuaf anamrp Mau uurtunty esae er ma l mire praml
1. MEktlbs 011YSwBl edveMae Ra nPlepal'm ewer W'm9
3. Met Eledbne olM1x will povNetiv Our efts eaMR- byriedncteemcgrephb tepee Often seven
day¢ of apieal dM dodnp.
3. On the Wo day emerging Elected Wt,, the ENCGCn¢ ORm wYl run Me mmpSS mot b prof
treats repsWaPar use oy Ise CM (net no irNM mall baler enough ion or b EVipa are weed).
4. On Me 40to shay precaYbp Elatlbn Bay, the bacteria ORm Met solver Me yxnct mgielahm M Me
CM CI9A no she Man 5:30 p.m. (ml requlnb W main helot ekMCn or it EVipb are cargo).
5. If and CRy passe the Counya volley equipment (M Mppl'ang, parmlWon must be Obbined from
WM Me Seem wf County Cmrinnumomn and pre Superviwr N elections for each eiecbn date. Tre Ciry
shall pmMs her CWnN WM an Ra mpW May 0 required mulPment rw a® Man 45 days poor eMen
Day. The County Man not N requFW a Prwide, equipment it does M have nor shell t be hall ro
promme all equipment requested.
6. If sweetened by the County, Me Ciry shell anarge M pek up Me Imesd equipment and engineer it to
1M> Wne3 plartme
1. me Clly shall mtum tented County eeuilecent to the EM9ons Office no Wier Mm Me day year Me
ekt tun. Thy equipment shall by In the same aMPoon re, "an dwas remWea by M, off
6. If the Clry reuse Mamke Makes, Me Ernest OIFm wi4 prior a Me onvass of wee, Promote the
Cry Our records vent® Iw Mae .enmemon a voter signal on ehaeMee beliefs thought 0 Me
Ekd'ms ORVe by Me City or Me Smagro er end Only sgralurn Mat are lame a Me dM1ez
p. No IMx Man the day offer Me elecbn, tte Cry ends di he Me EIWens OMw the Mother
reysrertsl. it leash, oipmkW in aemrginp PrWIM drdsr. No Ww ban re 3N day afar the ekceon, Me
City all deliver of Me Ekmns OMw, the voter of camps opposeed in alphabetical order for use to Me
Elemental in federal factor rKons.
10. If MB Clty pares the Coun" MIM abuaten syabm, Only the Supervisor of Eecdon6 Security
proxduea for Wilding and system access all appy. Tq Cry shell W regpna &e for all other aecunty
measures for N prom mums; Md supposs
it. The Eooliow Bore sha11 mean the prec'nct random) for Meaty two (M) moMha, IF used and then
MWI seek Bureau of A'chhus; w'vAkrl My Moment
12. ul candidate ethanon. amendments, and relarenduma must be Material a the Super lwr of
Economy no later Man Me 460 tlry poor a Me Electon. Me est shay of quenryiny. AN audio files who spa
ecwded amen name df mMiaNe Mail be made Moll b Me Element Systerm and SMwere at Me
same Mm. The SupaMwr of M011ae MII maim The City of Everibut al mac OlMemda MuW.
13. l5 WIMe Made shall Mclde, but not m typed a •xpweaitrec for ell paper suppler IrclWlna
weather inaW m to Odes, welcome; latest radiation, raiders. banner. pmepe. Where a voters,
slseMSe n , rmteg of agar ins t sample IvWla data pvxssrg Nee and eupplim, delivery and Poster
up of egaPmmt Most reenton and abor inter. ircLaMy Mom core warrant, screwed On ententes
bald promotion and mnv s Tress Made wa he the unnecessary, of the County and NIW to the
Cry.
14. The aside ekctlanswoAe n. mmre, aNldley usa5ma. net be Ma reapcnslelry Of Md coy
Packet Page 2478