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Backup Documents 10/22/2013 Item #16J 3 ORIGINAL 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 Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 16J 3 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 1© 10/29/13 \C-\\S,e 4. BCC Office Board of County . G ��'�N Commissioners //` 5. Minutes and Records Clerk of Court's Office 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 252-8827 Contact/ Department Agenda Date Item was 10/22/13 Agenda Item Number 16-J-3 Approved by the BCC Type of Document Interlocal Agreement with City of Naples Number of Original Two Attached Documents Attached PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST 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 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 final 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 o Tallahassee within a certain _ time frame or the BCC's actions are nullified. Be aware your deadlines! 8. The document was approved by the BCC on 10/22/13 nd all changes made during SRT the 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 th 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 3 MEMORANDUM Date: November 21, 2013 To: Melissa Blazier, Assistant Supervisor of Elections Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement providing services for the City of Naples election being held February 4, 2014 Attached for forwarding to the City of Naples, is an original copy of the agreement referenced above, (Item #16J3) approved by the Board of County Commissioners on October 22, 2013. I've also included a copy of the agreement for your office. After the second original agreement has been recorded and is returned to our office, I will provide you with a certified copy for your records. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 16J3 MEMORANDUM Date: December 4, 2013 To: Melissa Blazier, Assistant Supervisor of Elections Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Interlocal Agreement providing the City of Naples services and equipment for their election being held February 4, 2014 Attached for your records is a certified copy of the recorded agreement referenced above (Item #16J3) approved by the Board of County Commissioners October 22, 2013. The Minutes and Record's Department has held the original agreement for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment INSTR 4916350 OR 4986 PG 979 RECORDED 11/22/2013 11:02 AM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$69.50 INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County, and 1 6 3 Y g Y p � Y� 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) • 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. 1 ovD 16J3 3 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. 2 0 16J3 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. 3 16J3 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. 4 4111) 16J3 IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and seal this 1-11.0i day of ►(,( I2 / , 2013 by the City Council of Naples, and this ??. day of Clc�a — , 2013 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTEST: Collier County Board 4 f County Dwight E. Brock, Clerk Commi .i\oner. Attest as to ' " eputy Clerk Georgia A. iller, Chairperson signature Onl `x Approved as to farm and legal sufficiency Supervisor of Elections of Collier County for the County e _ 111, Scott R. Teach Je Orr J. Edw. !''upervisor of Elections Deputy County Attorney ATTEST: City of Naples atricia L. Rambosk, City Clerk ohn F. Sorey III, Mayo 2 City of Naples Approved as to form and legal sufficiency for the City: .A - c 72 ert D. Pritt City Attorney for the City of Naples 5 16J3 . CERTIFICATE OF COVERAGE ISSUED ON: 10/16/2013 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PX FL1 0112002 13-11 COVERAGE PERIOD: 10/1/2013 TO 10/1/2014 12:01 AM 'COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage period indicated.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded by the . agreement described herein subject to all the terms,exclusions and conditions of such agreement. ,Mail to:Certificate Holder Designated Member 9 Collier County Board of County Commissioners City of Naples Attn.Scott Teach ! 735 Eighth Street South 3299 East Tamiami Trail • Suite 800 , . " Naples,FL 34102 Naples,FL 34112 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage , and Personal Injury Limit$2,000,000 $200,000 SIR X Self Insured Workers'Compensation X • Public Officials Liability Limit$1,000,000 $200,000 SIR ( $350,000 Self Insured Retention X Employment Practices Liability X Statutory Workers'Compensation Limit$1,000,000 $200,000 SIR j X Employers Liability X Employee Benefits Liability $1,000,000 Each Accident Limit$2,000,000 $200,000 SIR $1,000,000 By Disease • • X Law Enforcement Liability $1,000,000 Aggregate Disease Limit$2,000,000 $200,000 SIR PROPERTY COVERAGE € AUTOMOBILE COVERAGE X Buildings&Personal Property : Automobile Liability Per schedule on file with $25,000 Deductible Limit$2,000,000 $200,000 SIR TrustLimit X All Owned • Note:See coverage agreement for details on wind,flood,and other Specifically Described Autos deductibles. X Hired Autos X Rented,Borrowed and Leased Equipment Limit$50,000 TIV See Schedule for Deductible X Non-Owned Autos X All other Inland Marine , Automobile Physical Damage Limit$3,173,234 TIV See Schedule for Deductible X Comprehensive See Schedule for Deductible X Collision See Schedule for Deductible X Hired Auto with limit of$35,000 Garage Keepers Liability Limit Liability Deductible i Comprehensive Deductible i Collision Deductible • NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of the loss. Description of Operations/Locations/Vehicles/Special items: :Collier County Board of County Commissioners and Supervisor of Elections of Collier County are listed as additional covered party per the attached PGIT 902 Form in A regards to the Interlocal Agreement for Election Services for the February 4,2014 election This section completed by member's agent,who bears complete responsibility and liability for its accuracy. This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the agreement above. t Administrator CANCELLATIONS Public Risk Underwriters®. SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.PREFERRED GOVERNMENTAL INSURANCE TRUST W ILL ENDEAVOR TO MAIL 60 DAYS WRITTEN ;P.O.Box 968466 NOTICE,OR 10 DAYS WRITTEN NOTICE FOR NON-PAYMENT OF PREMIUM,TO THE CERTIFICATE HOLDER '.'.,Lake Mary,FL 32795-8455 NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES, Producer Public Risk Insurance Agency . /''' "" P.O.Box 2416 Daytona Beach,FL 32116 I _., s' AUTHORIZED REPRESENTATIVE PGIT-CERT(11/09)PRINT FORM 10/16/2013 16J3 3 PUBLIC ENTITY AUTOMATIC ADDITIONAL COVERED PARTIES THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT 300, the GENERAL LIABILITY COVERAGE FORM,PGIT 200 and the PROPERTY AND INLAND MARINE COVERAGE FORM,PGIT 104 Where indicated by(x)below, coverage applies to the person(s)or organization(s)as their interest may appear. The provisions in this endorsement do not supersede Florida Statute 768.28,Article 10§ 13 of the Florida Constitution, or any other Statute or law limiting whom a Public Entity can indemnify. ADDITIONAL COVERED PARTY-BY CONTRACT,AGREEMENT OR PERMIT SECTION I-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with whom you agree in a written"insured contract"to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of your operations, "your work"or facilities owned or used by you. The coverage afforded to the Additional Covered Party does not apply: (1) Unless the written"insured contract", agreement or permit was executed prior to the"bodily injury," "property damage,""personal injury"or"advertising injury;" (2) To any person(s)or organization(s)included as a Covered Party under this coverage agreement or by an endorsement made part of this coverage agreement. ADDITIONAL COVERED PARTY-OWNERS OF LEASED EQUIPMENT SECTION II-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with whom you agree in a written equipment lease or rental agreement to name as a Covered Party, but only with respect to liability arising out of the sole negligence of the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or any employee or agent of the Covered Party. The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury"or"property damage"occurring after you cease to lease or rent the equipment; (2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage"to: (a) Property owned, used, occupied by,or rented to the Additional Covered Party; (b) Property in the care,custody or control of the Additional Covered Party or its employees or agents,or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. PGIT 902(10 09) Page 1 16J3 ADDITIONAL COVERED PARTY-MANAGERS OR LESSORS OF PREMISES SECTION II-WHO IS A COVERED PARTY is amended to include any person(s)or organization(s)(hereinafter called Additional Covered Party)with whom you agree in a written agreement to name as a Covered Party, but only with respect to liability arising, in whole or in part, out of the"premises" leased to you by such person(s)or organization(s). The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury"or"property damage"occurring after you cease to be a tenant in that"premises"; (2) "Bodily injury"or"property damage"arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage"to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. Notwithstanding any other provision of this agreement, nothing in this agreement shall be construed as a waiver of the Covered Party's sovereign immunity nor shall any provision of this agreement increase the liability of the covered party, or the sums for which the covered party may be liable, beyond the limits provided in§768.28, Florida Statutes. PGIT 902(10 09) Page 2