Agenda 02/12/2019 Item #16J 102/12/2019
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the April 2, 2019,
City of Naples Special 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 April 2, 2019, City of
Naples Special Election. The agreement is between the Collier County Board of Commissioners, as the
owners of the voting and ballot tabulation equipment, the Collier County Supervisor of Elections, as the
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 April 2, 2019, City
of Naples Special 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 has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT INPACT: 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. 2019 Election Interlocal Agreement (PDF)
16.J.1
Packet Pg. 1206
02/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.1
Doc ID: 7856
Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for
the April 2, 2019, City of Naples Special Election.
Meeting Date: 02/12/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
01/25/2019 8:20 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/25/2019 8:20 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/31/2019 8:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2019 9:22 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 01/31/2019 10:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2019 10:22 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 01/31/2019 6:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
16.J.1
Packet Pg. 1207
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Naples, Collier Coimty, and the Collier County Supervisor of
Elections
This Agreement for Election Semces (Agreement) is for the April 2, 2019, City of Naples
Special 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 Coimty 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 pairties ^ follows:
1. This Agreement is entered into pursuant to the provisions ofthe Florida Interlocal Cooperation
Act of1969, set forth in § 163 ^01, et seq., Fla. Stdt., and is fiuther authorized pursuant to the parties'
respective home mle 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 whdn 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 iii any way with the
City's exercise of its home rule powers pursuant to the conduct of the City of Naples Special
Election.
3. To facilitate the City's conduct of its April 2, 2019, special election, the Supervisor shall
perform those duties expressly and implicitly contained in this Agreement.
4 . There will be no early voting in the April 2,2019, City of Naples Special Election.
5. Subject to the terms of ^s Agreement, the Supervisor agrees to deploy the following items to
conduct the City of Naples Special Election:
• 20 DS200 optical scanners;
• 20EViDs;
• 11 ExpressVpte 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.
16.J.1.a
Packet Pg. 1208 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)
7. The Supervisor is responsible fpr.preparing all voting equipment and materidsTor 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 vvith the same,
8. The Supervisor is respopsible for the timely delivery and retrieval of all voting equipment and
supplies.The City is responsible for any direct costs associate 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 ^y loss of or damage to voting equipment, supplies or
consumables used exclusively to conduct the City of Naples Special Election.
11. The City is responsible for properly safeguarding iany ballots in its custody.
12. Nothing in this Agreement shall require the County or the Supervisor to purchase or acquire
aiiy additional voting equipnient, supplies or ponsumables 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 -of obligation for the County or Supervisor to perform,
14. The Supervisor is responsible for. programniing the election, designing the ballot, and
producing and delivering a sufficient qi^tity 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 widi the same.
16. The City shall be present for the logic and accuracy test, vvhich is scheduled for die 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 lisedih the City of Naples Special
Election.
18. The Supervisor is responsible for selecting and training the election workers, and the
development of training materials. The City Clerk or an autiiorized 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 City of
Naples Special 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 ihay solicit voters inside the polling place or within 100 feet of the entrance
to any polling place, or polling room where Ae polling place is also a polling roomj .or early
voting site. Before tiie opening of the polling place or early voting site, the clerk or
supervisor shall designate the no-solicitation zone and mark the boundaries.
16.J.1.a
Packet Pg. 1209 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)
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 City of Naples Special 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 City of Naples Special 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 then-
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 City of Naples Special Election
• $.10perpagefor8.5"xir'or 8.5"x 14"copies;
• $.15 per page for duplexed copies;
• $.20 per page for unprinted ballot paper; and
• ^y other expenditures requned to conduct the City of Naples Special 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 ad^uate 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
Agreemerit.
16.J.1.a
Packet Pg. 1210 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)
(b) For the piirpose ofthis 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 diis 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 pplling.
(c) Eaeh supervisor of eleetions shall inform the clerk of the area within whieh soliciting
is unlavsdul, based on die particular eharacteristics 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 daw
enforcement ofBcers from die polling room or place or from the 100-foot zone surrounding
the polling place.
(5),Np photography is permitted in the polling ropin or early voting area.
The Supervisor shall train all deputies on the above-refereneed 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 arid 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 pfficers, agents, and ernplpyees,
from and against any and all actions, in law or in equity; from liability or claims for damages,
injuries, losses; and expenses including attorriey's fees, to any person or property which may result
now or in the fiiture from City's activities associated with the City of Naples Special Election,
arising out of or resulting from any and all acts of omission or commission relating to the City of
Naples, Special 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, oragents .to participate in the City of Naples Special Election
when not otheiwise autiiorized or eligible, or from events relating expressly to the City of Naples
Special Eleetipn. In defending theCounty and the Supervisor from any indeirniified claim, the City
shall not settle any such claim without first receiving the consent ofthe 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.
16.J.1.a
Packet Pg. 1211 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)
33. The City shall obtain or mmntain an insurance policy which shall name the Coimty 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 Ae City's responsibility for paying
any deductible for any damages to the Coimty's voting equipment used in the election. A copy of
the City's Certificate of Insryance identifying the County as an additional insured party shall be
provided to the Cotmty.
34. In the event there is an election protest, contest or sequestration order arising from the City of
Naples Special 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 imused baltoce on the security
been returned.
35. This Agreement shall be valid only for the April 2,2019, City of Election.
36. In the event any part of this Agreement is determined to b|>niiehforceable by..^^urt of
competent jurisdiction, said ruling shall hot iwalidate the remaini^g5^s^4fe?i/^;gree^eBfr
37. The City shall prbvide for its qwh Canvassing Board. The Sug^hsor shdl prdvidf^ojatipn
at the Supervisor's ballot-coimting location for the Board's use and'ihalfcqopefate Math t^Board
in providing information and documentation necessary for the Board'i#incfic®S.'""
16.J.1.a
Packet Pg. 1212 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)
16.J.1.aPacket Pg. 1213Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)