Agenda 03/10/2009 Item #16J 2
/\:jei~!da item I'-Jo. 16J2
~ r..1arch 10,2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners of Collier County
approve a Interlocal Agreement for Election Services pertaining to services and
voting equipment used by the Golden Gate Fire Control and Rescue District in
connection with a special election to be held on May 12,2009.
OBJECTIVE: To obtain Board of County Commissioner approval and authorization for
its Chair to sign and enter into a Interlocal Agreement for Election Services with the
Collier County Supervisor of Elections and the Golden Gate Fire Control and Rescue
District for election ser"\'ices for the May 12,2009, Golden Gate Fire and Rescue Control
District special election, The agreement is among the Collier County Board of
Comissioners as owners of the voting and hallot tabulation equipment, the Collier County
Supervisor of Elections as custodian of the County's voting and ballot tabulation
equipment and the Golden Gate Fire Control and Rescue District as the party holding the
special election,
CONSIDERATIONS: Past practice in Collier County has been that the Board of
County Commissioners, being the owners of the voting equipment, have granted
authorizaton to permit special districts within the county to use county owned voting
equipment In accordance with past-practicc, the attached intcrlocal agreement identifies
the equipment and scrvices that will be provided for the Golden Gate Fire Control and
Rescue District election to be held May 12, 2009, and the respective duties and
responsibilities of the parties,
FISCAL IMP ACT: The Collier County Supervisor of Elections will render a bill to the
Goldcn Gate Fire Control and Rescue District for approximately $84,270,00 to be paid to
the Collier COlmty Board of County Commissioners,
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Of1ice, is not quasi-judicial and requires no ex parte disclosure,
requires only a majority vote for approval, and is otherwise legally sufficient for Board
action,-SRT
GROWTH MANAGEMENT INP ACT: There IS no Grow1h Management Impact
associated "ith this Executive Summary,
RECOMMEl'\DATION: That the Collier County Board of County Commissioners
approves the proposed Interloeal Agreement for Election Services and authorize its
Chairman to sign the Agreement
Prepared by: Jennifer .I, Edwards, Supervisor of Elections
Attachments: Interlocal Agreement for Election Services
Estimate of Golden Gate Fire Control and Rescue District Special Election Costs
Page I of ]
item r'~o. 6J2
March 1 20U9
Page of 3
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1GJ2
Meeting Date:
Recommendation that the Board of County Commissioners of Collier County approve a
Inlerlocal A~Feemenl for Election Services pertaining to services and voting equipment used
by the Golden Gate Fire Control and Rescue District in connection with a special election to
be held on May 12_ 2009.
3/10/20099:00:00 AM
A pproved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/27f2009 12:50 PM
Approved B,y
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/27/20094:21 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
2/27/20094:35 PM
A pprovcd 8)-'
James v. Mudd
County Manager
Date
Board of County
County Manager's Office
2/27120094:55 PM
Commissioners
filp./lj'.\ h m:>,-.rl-:.Tpco/\ hVlv\rt\ 1 I" 7\A""."ho/~ I() 1 (I 0/_ IflI()(lm 1 t:.. o/~ Iflrn}'lC:R}'lTO/~ I() ^ r: Cl\.TTl ^ \ 1
1/,f/')f1nO
,_~;,'~':LsLi' ','-1. 2
':::H~.~' .' Ci -"1 d
INTERLOCAL AGREEMENT
FOR ELECTION SERVICES
THIS INTERLOCAL AGREEMENT FOR ELECTION SERVICES ("Agreement")
concerns a Special Referendum Election ("Election") to take place on May 12, 2009, and is by
and among the Golden Gate Fire Control and Rescue District ("the DlSTRlCr), Collier County,
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 COliN"Tyts voting and ballot tabulation equipment.
WHEREAS, it is the intent of the Legislature, pursuant to Chapter 163, Florida Statutes,
to encourage public agencies to join together in agreements that will best serve the public interest
and promote the most efficient expenditures of public funds by avoiding costly duplication of
services; and
WHEREAS, pursuant to State law, the Collier County Board of County Commissioners
owns the County's voting and ballot tabulation equipment; and
WHEREAS, the SUPERVISOR is the legal custodian of the COUNTY's voting
equipment and is charged with the responsibility of safeguarding and maintaining said
equipment; and
WHEREAS, pursuant to Section 189.405 (2)(a), Florida Statutes, the parties to this
agreement recognize that Chapters 97 through 106, Florida Statutes, shall govern the conduct of
the DISTRlCT's election; and
WHEREAS, the SUPERVISOR shall provide only such election services as are stated
herein, subject to the terms and conditions set forth in this Agreement; and
WHEREAS, the COUNTY and the SUPERVISOR shall incur no costs, expenses or
liability from the DISTRlCT's failure to obtain preclearance for this election from the U.S.
Department of Justice. Furthermore, the DISTRlCT is not relieved of any financial obligation
o'Ned to the COUNTY a...'1d SUPERV1S0R arising from fees, goods and scryiccs~ or other costs
and expenses whether or not specifically set forth in this Agreement, incurred by the
1
Aosnda item No. i 6J2
~ March ~ O. 2009
Paoe 4 0; 8
SUPERVISOR up to the time the DISTRICT notifies the SUPERVISOR in writing of an
objection by U.S. Department of Justice.
WHEREAS, each party, subject to the limits of Section 768.28, Florida Statutes, agrees
to indemnify and hold harmless the other party, it's officers, agents and employees, from and
against any and all claims, damages, injuries, losses and expenses, including reasonable
attorney's fees, to the extent allowable by law, arising out of or relating to the party's actions or
omissions arising out of this Agreement and the actions or omissions of the party's officers,
agents and employees; provided, however, that no party waives sovereign immunity hereby as to
third parties; and
WHEREAS, the above recitals are true and correct and form a material part of this
Agreement upon which the parties have relied.
NOW THEREFORE in consideration of the mutual covenants contained herein the
Parties agree:
1. The SUPERVISOR shall:
A. Assist by timely providing information and forms as requested by the DISTRICT.
B. Design the ballot (with the language provided and approved by the DISTRICT),
prepare a proof for the DISTRICT, and order an adequate supply ballots to successfully
conduct the election.
C. Conduct the logic and accuracy test.
D. Ensure that all voting equipment IS III good working order and operating
satisfactorily throughout the election.
E. Provide all necessary operating supplies for conducting the election.
F. Be responsible for transporting all voting equipment to and from the polling sites.
G. Furnish sufficient voting equipment and supplies to each polling place.
H. Arrange for election night pcrsonnel support, program the tabulators, and provide
election results.
I. Provide precinct registers and polling lists with alphabetical listing of those
electors eligible to vote in the election.
2
:lsrn i'~o. 11] 2
r','~arch '10. 2J 9
? age 5 0 3
J. Provide a list of all voters registered in the DlSTRlCT (after the close of the
registration books for the election) to the DISTRICT.
K. Select and train all poll workers for the election.
L. Notice, coordinate, and provide the space for all canvassing board meetings.
M. Have complete responsibility for printing, handling, distributing, tabulating and
securing all ballots.
N. Implement and conduct early voting, if agreed to by the parties.
O. Provide the DISTRICT a final tally of election results in printed format.
P. Be responsible for filing all required forms to the Division of Elections.
Q. Designate an employee of the SUPERVISOR to coordinate with the DISTRICT
regarding the requirements of this Agreement.
R. Consistent with the provisions set forth in the recital relating to indemnification,
indemnify and hold the DISTRlCT harmless from liability claims or any worker's
compensation claims arising from injuries sustained by SUPERVISOR employees, or
persons injured as a result of the acts or omissions of the SUPERVISOR, to the extent
allowable by law.
S. Provide a documented itemized bill for all servIces performed by the
SUPERVISOR to the DlSTRlCT.
2 The DISTRICT shall:
A. Immediately notify the SUPERVISOR in wntmg of the election date, once
finalized by the DISTRICT, and provide any other information requested or pertinent to
the election.
B. Timely furnish to the SUPERVISOR in writing the official ballot language in
both English and Spanish no later than March 29, 2009.
C. Be responsible for seeking and obtaining preclearance for this special referendum
election from the U.S. Department of Justice. The DISTRICT shall provide to the
SUPERVISOR or her designee copies of all correspondences between the DlSTRlCT
and U.S. Department of Justice regarding the election. Such materials shall be provided
to the SUPERVISOR as soon as sent or received.
D. Be responsible for mailing and/or publishing the Notice of Election.
E. Reimburse the SUPERVISOR for any documented costs incurred in providing
election services for the DISTRICT. Payment shall be made within thirty (30) days from
receipt by the District of SUPERVISOR's itemized invoice.
3
Agenda Item i..Jo. 16J2
r'v1arch i 0, 2009
Page6of8
F. Pay costs involved to repair any equipment damaged during the DISTRICT
election to the extent not covered and paid by any insurance, if the damage resulted from
the use at the DISTRICT's election, but not to include routine maintenance or repair.
G. Consistent with the provisions set forth in the recital relating to indemnification,
indemnifY and hold the SUPERVISOR harmless from liability claims or any worker's
compensation claims arising from injuries sustained by DISTRICT poll workers, or
persons injured on DISTRICT polling site property for purposes associated with voting as
a result of the acts or omissions of the DISTRICT, to the extent allowable by law.
H. Designate a DISTRICT employee to coordinate with the SUPERVISOR regarding
requirements of this Agreement.
3. Neither the COUNTY nor the SUPERVISOR shall be held accountable for equipment or
supply needs not contained within this Agreement or necessary for effectively conducting the
election.
4. All costs, including attorney's fees and court costs, shall be paid by the DISTRICT for
litigation involving payment due to the COUNTY or SUPERVISOR for collection for any
judgment recorded against the DISTRICT.
5. The terms of this Agreement shall commence immediately upon signing by the parties
hereto. This Agreement shall be in effect for the May 12,2009, Golden Gate Fire Control and
Rescue DISTRICT Special Election and shall be recorded in the Official Records of Collier
COUNTY, Florida.
6. 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 have caused these presents to be executed by
their duly authorized officers, and their official seals hereto affixed, effective this day
of March, 2009.
4
A,gend3 :~,:;iT1 ~D. 1SJ2
~\'1~jrc:h 10 2JC9
Pa;J87 'Jf 8
ATTEST:
Dwight E. Brock, Clerk
COLLIER COUNTY BOARD OF COMMISIONERS
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to fonn and
legaLsufficiency:
( .1/ ?)
l-SV,(J./ / li.u...L...
'Scott Teach,
Deputy County Attorney
SUPERVISOR OF ELECTIONS OF
COLLIER COUNTY
JENNIFERJ. EDWARDS, SUPERVISOR
OF ELECTIONS
GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT
Fire District's Attorney
FIRE COMMISSIONER! CHAIRMAN
5
tem r'~o. 1 eJ2
Mar::h 10, 20CJ9
!='d;;e 8 uf 8
Golden Gate Fire District - Special Election
These estimates do not include Early voting. Special Districts are not required to have Early voting. (F.5. 101.6S7 (1)
(f))
Estimate based on 44,000 voters for materials. Does not include cost of translation or GGFD required ads or sample
ballot.
Se rvices Preci net Costs
Ballot Design $ 1,000.00
Audio file $ 1,000.00
Site rental $ 2,850.00
Delivery $ 1,500.00
PWTrg. $ 3,500.00
PW Wages $ 23,370.00
Printing PCTs $ 14,250.00
Absentees $ 1,800.00
Abs. Processing $ 2,500.00
Ballot printing w/
shipping $ 13,000.00
Postage $ 2,100.00
Abs. Materials $ 1,900.00
Canvassing Board $ 2,000.00
Logic and Accuracy $ 2,000.00
Equipment Rental $ 2,200.00
Telephone lines $ 3,800.00
50E Advt. $ 1,100.00
Tabulation $ 3,000.00
Translators $ 1,400.00
Total S 84,270.00
Cost per voter S 1.92
12/19/2008