Backup Documents 02/12/2019 Item #16J 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTI� IIF ' 3 .14-'t
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAIU6E J
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded tote 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
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 JAK 3/5/19
4. BCC Office Board of County 'kzb ...\
Commissioners y/t/ \\C\
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION rn
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 4?
above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Blazer,Chief Deputy,Supervisor Phone Number 252-8333
Contact/Department of Elections
Agenda Date Item was 2/12/19 Agenda Item Number 164-1 7
Approved by the BCC
Type of Document Interlocal Agreement—City of Naples Number of Original One
Attached Special Election Documents Attached
PO number or account n/a
number if document is
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 STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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 2/12/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney'san option for
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by \D_.� N/ is not
BCC,all changes directed by the BCC have been made,and the document is ready fo the , an o ion for
Chairman's signature. V,ivk\ this me.
[04-COA-01081/1344830/111: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
1 6 J 1
MEMORANDUM
Date: March 22, 2019
To: Melissa Blazier, Chief Deputy
Office of the Collier County Supervisor of Elections
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Interlocal Agreement with the City of Naples for Services
for the April 2, 2019 Special Election
Attached for your records, is a certified copy of the Interlocal Agreement
referenced above (Item #16J1), approved by the Collier County Board of
County Commissioners on Tuesday, February 12, 2019.
If you have questions or if I can be of any additional assistance, please feel
free to call me at 252-8406.
Thank you.
Attachment
16J1
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES `-' r" 8
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By and Among the City of Naples, Collier County,and the Collier County Supervisor of o o
Elections Z m
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This Agreement for Election Services (Agreement) is for the April 2, 2019, City of Naples c
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Special Election,and'is by and among the City of Naples("City"),Collier County,by and through -1 co
the Collier County Board of County Commissioners("County"),as owners of the County's voting. D o -0 0
and ballot tabulation equipment,and the Collier County Supervisor of Elections("Supervisor"),as °'
custodian of the County's voting and ballot tabulation equipment. z
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WITNESSETH o
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 F
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 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 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 is interfering in 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 this Agreement,the Supervisor agree s to deploy the following items to
conduct the City of Naples Special Election:
• 20 DS200 optical scanners;
"• 20 EViDs;
• 11 ExpressVote 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.
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7. The Supervisor is responsible for.preparing all voting-,equipment and materialsfor 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*responsible for the timely delivery and retrieval,ofall.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 City of Naples Special,Election.
•
11. The City is responsible for properly safeguarding_any.ballots*its custody.
12. Nothing-thing 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 'accountablefor 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,perfor n.
14. The Supervisor is responsible for,..programming_ the. election, -designing the.ballot, and
roducin and deliveringa sufficient `
P g= -, 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.hall be present for the logic and,accuracy test, which ia.schedule :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, vote-by-mail
balloting materials,affidavits,affirmations and training material§ased in 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 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 City of
Naples Special Election.The City shall enforce§102.031(4)and(5),Fla. Stat.
(4Xa)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 pollingroom;.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.
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(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.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting
is 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 ispermittedin the polling room or early voting area.
The Supervisor shall train all deputies on the above-referenced 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 andpublishing notices for book closing, the logicand
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 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, theirofficers, 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.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,arid expenses,to any person or persons
authorized by the City,its employees,or,agents to participate in the City of Naples Special Election
when not otherwise authorized or eligible,or from events relating expressly to-the City of Naples
Special 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.
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24.Allcosts,including attomey's fees and court costs, shall bepaid 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$100 per DS200($l00 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 usedin 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 their
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
• $.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 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 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.
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33. The City_shall obtain or maintain 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 City of
Naples Special Election involving any component of the County'svoting 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 April 2,2019,City of bisple S,pe?;al igction.
36. In the event any part of this Agreement is determined to 1V'nenforceable by a , .urt of
competent jurisdiction,said ruling shall not:
hot irEalidate the remainizfg t rts ?,tl. reer ie
-7 1 ill
37. The City shall provide for its'owh Canvassing Board. The Su rvrsors'hall provici ation
at the Supervisor's ballot-counting location for the Board's use and.hall'cpoptr'ate with ti. Board
in providing information and documentation necessary for the Board's, uncfio . .cN4N�
,t"1."S1nnnQaR1`,.
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and
seal this a 3'`" day of S f e n ua.•t1.- , 2019 by the City Council of the City of
Naples, and this\z:4, of - ,2019 by the Collier County Board of
County Commissioners and the Supervisor of Nections of Collier County.
ATTEST: Board of Co • 1,4 ••• • issioners
Crystal`Kinzel, Clerk Colllieer.o fdorida
'% ��/'
v-' .. API
�e'Puty. O&A.A4 Clerk W. L. %cDaniel, , airman �'
A st as to Chat /
91: , r,': r:1 .-form and legality for the Supervisor of Elections of Collier County
Cour fi :/
s Jeffre/A. latzkow Je ifer J. E ar/ M4 % 4
perviof Elections
Coun' A t.rney
ATTEST: Cit.• , : .lei
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, .., ' Le,' , --') fl (ii 1/
Nitric-41 ..Ram osk, ity Clerk :' Barnett, ayor
City of Naples
Approved as to form and legal sufficiency
fore City:
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City Attorney for the City of Naples
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