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Backup Documents 09/24/2013 Item #16J 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorrrggqey Office at the time the item is placed on the agenda. All completed routing slips and original documents most be received in the County Attorney Oi In r than Monday preceding the Board meeting. i Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the exception of Qte Chairman's signature, draw a line through routine lines # 1 through #2_ complete the checklist and forward to the rruinty Attnmev ntrr. Route to Addressees (List in routing order) Office Initials Date v 1. appropriate. Initial Applicable) 2. 9/24/13 Agenda Item Number 16 -J -1 3. County Attorney Office County Attorney Office S 10/9/12 4. BCC Office Board of County Commissioners Number of Original o 5. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jennifer Edwards, Supervisor of Elections Phone Number 252 -8450 Contact / Department appropriate. Initial Applicable) Agenda Date Item was 9/24/13 Agenda Item Number 16 -J -1 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Interlocal Agreement for Election Services Number of Original Two Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account ti :1 number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's SRT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed :1 by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the fmal negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/24/13 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the SRT BCC, all changes directed by the BCC have been made, and the document is ready for e Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 16J I MEMORANDUM Date: October 11, 2013 To: Melissa Blazier, Executive Assistant Supervisor of Elections From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement w /Everglades City for Election Services Enclosed please find one (1) original and one (1) Certified Copy of the document as referenced above (Agenda Item #16J1), approved by the Board of County Commissioners on September 24, 2012. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures INTERLOCAL AGREEMENT FOR ELECTION SERVICES 16J1 By and Among Everglades City, Collier County and the Collier County Supervisor of Elections This Agreement for Election Services (Agreement) is for the November 26, 2013, City Council Election, and is by and among Everglades City ( "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 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 City election. 3. To facilitate the City's conduct of its November 26, 2013, election, the Supervisor shall perform those duties expressly and implicitly contained in this Agreement. 4. The City is responsible for obtaining preclearance from the U.S. Department of Justice, if necessary, and shall provide to the Supervisor and the Florida Attorney General copies of any letters and documents pertaining to the same. Said copies shall be provided to the Supervisor within two (2) business days of receipt from or transmittal to the U.S. Department of Justice. 5. Subject to the terms of this Agreement, the County agrees to deploy the following items to conduct the City's election: • 2 DS 200 optical scanners; • 2 EViDs, with battery backups; • 2 iVotronic ADA units with booths; • 1 laptop computer (if needed); • all precinct signs and required notices; • 1 precinct file caddy and supplies; • 3 voting booths; and • 2 cell phones for use by the Clerk. INSTR 4902041 OR 4975 PG 413 RECORDED 10/14/2013 4:24 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 6. 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. 16J1 7. 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. 8. The City is responsible for any direct costs needed to use or prepare a polling place for the election. 9. The City is fully responsible for any loss of or damage to voting equipment, supplies or consumables in its custody. 10. The City is responsible for properly safeguarding any ballots in its custody. 11. 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. 12. 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. 13. 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. 14. The Supervisor is responsible for tabulating the results. The City is responsible for any direct costs associated with the same. 15. 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. 16. The Supervisor is solely responsible for the content and format of all ballots, absentee materials, affidavits, affirmations and training materials used in the City's election. 17. The Supervisor shall be responsible for training the election workers, and the development of training materials. The City Clerk or a representative will attend at least one (1) training session. 18. The City shall be liable for all actions taken by the City's election workers during the course of its election day. The City shall enforce § 102.031(4) and (5), Fla. Stat. (2011), which provides: (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. 2 CQ' () supervisor Each of elections shall inform the clerk of the area within which soliclin iJ S 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. 19. The Supervisor will design and provide all absentee ballot materials for the election. The City is responsible for timely processing all absentee requests, addressing absentee envelopes, and providing postage. The Supervisor will verify signatures that are faxed or e- mailed to the Supervisor's office. 20. The Supervisor shall prepare and have published bilingually the notices for book closing, the logic and accuracy test, and all canvassing board meetings, in accordance with general law, and obtain 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. 21. The City shall be responsible for retention and destruction of any election materials in its custody in conformity with applicable State and Federal laws. 22. 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 pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, 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 this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, 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 City election when not otherwise authorized or eligible, or from events relating expressly to City election activity. 23. 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 City's election whether brought by an elector, the U.S. Department of Justice, or others. 24. The fee to use the voting equipment is $100 per voting unit ($100 x 4 units = $400) and $50 per EViD ($50 x 2 EViDs = $100). The fee shall cover wear and tear on the equipment and any costs needed to service or repair the equipment used in the City's 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. In addition, the City agrees to pay the direct costs for election programming, election 16J1 worker training, ballot design, paper ballots, audio ballots, and absentee materials. The Supervisor will bill the City within ten (10) business days after the election is certified. 25. The City shall pay all election costs within thirty (30) days of receiving the bill from the Supervisor. 26. 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 for work solely in support of the City's 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 imprinted ballot paper; and • any other expenditures required to conduct the City's election and paid for by the Supervisor. 27. The City shall be responsible for all direct costs of its election, whether or not said costs are listed in this Agreement. 28. 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. 29. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. 30. The County and the Supervisor have no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the Mayor's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 31. 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 shall be provided to the County. 32. In the event there is an election protest, contest or sequestration order arising from the City's 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 $2,000 security deposit to Collier County within ten (10) calendar days of the issuance of the sequestration order for the voting 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. 4 G 16J 33. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as City Hall or other comparable location. 34. This Agreement shall be valid only for the City's election held November 26, 2013. 35. 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. IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and seal this 620) day of i k u C , 2013 by the City Council of the City of Everglades, and this-LL� day of 2013 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTFI;y r3r Dg�t E: Btn Att ' '' �, ►J)e ut rest a��t�iai�na p y Clerk suture o�t��' Approved as to form and legal sufficiency for the County: - S�-V f Scotf R. Teach Deputy County Attorney ATTEST: Collier County Boao of County , Esq., Chairwoman Supervisor of Elections of Collier County Q�,,,"44�cc ,,� Je fer J. Ed ards, Su ervisor of Elections City of Everglades City Dottie Smallwood, City Clerk S y Hamil on, Mayor City of Everglaylc�l Appr s to fottn d legal sufficiency for Odv: City Attorney G 1