Backup Documents 12/01/2009 Item #16J1
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EXECUTIVE SUMMARY
Recommendation tbat the Collier County Board of County Commissioners approve
and that the Cbairperson execute the Interlocal Agreement for Election Services for
the City of Naples February 2, 2010, municipal election.
OBJECTIVE: To obtain Board of County Commissioners approval and authorization
for its Chair to sign and enter into the Interlocal Agreement for Election Services with the
Collier County Supervisor of Elections and the City of Naples for election services for
the February 2, 2010, Naples municipal election. The agreement is between the Collier
County Board of Comissioners, as owner of the voling and ballot tabulation equipment,
the Collier County Supervisor of Elections, as 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 February 2, 2010, Naples municipal election, and the
respective duties and responsibilities of the parties.
FISCAL IMPACT: The Collier County Supervisor of Elections will submit an itemized
bill to Ihe City of Naples to be paid to the Collier County Board of County
Commissioners for services rendered.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT INP ACT: There is no Growth Management Impact
associated with this request.
RECOMMENDATION: That Ihe Collier County Board of County Commissioners
approves the proposed Interlocal Agreement for Election Services and authorizes its
Chairman to sign the same.
Prepared by: Jennifer J. Edwards, Supervisor of Elections
Attachments: Interlocal Agreement for Election Services
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among Ihe City of Naples, Collier County and Ihe Collier County Supervisor of Elections
This Agreement for Election Services (Agreement) is for the February 2, 2010, City Council Election, and
is by and among the City of Naples ("City"), Collier County, by and through the Collier County Board of
County Commissioners ("Counly") as owners of the County's voting and ballol tabulation equipment, and the
Collier County Supervisor of Eleclions ("Supervisor"), as custodian of the County's voling and ballot tabulalion
equipment.
WITNESSETH
In consideration of the premises and covenants sel out below, and for $10 and other valuable consideralion
in hand receivcd by Ihe Counly and the Cily, it is hercby acknowledged and agreed by the parties herelo as
follows:
I. This Agreement is enlered inlo pursuant 10 the provisions of the Florida Inlerlocal Cooperalion Act of
1969, set forth in S 163.01, et seq., Fla. Stat., and is further authorized pursuant to Ihe parties' respective home
rule powers granted by the Florida Constitution.
2. The City represents Ihal under the terms of the City Charter, the City is responsible for the conducl of all its
municipal elections except when the City chooses to call a special election to be held by mail ballot. Nothing
in Ihis Agreement shall be construed 10 imply Ihat the County or Ihe Supervisor inlerpreted 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
oflhe Cily election.
3. To facililale the City's conduct of its February 2, 2010 eleclion, the Supervisor shall do Ihose items
enumeraled in Exhibil A idenlified as s.19.1, Security Procedurcs for Sland Alone Municipal Elections of
Collier County.
4. The City shall provide to Ihe Supervisor and the Florida Attorney General a copy of Ihe City's letter of
submission and response to and from the U.S. Department of Justice relative 10 "any change [made by Ihe City]
affecting voling, even though it appears to be minor or indirect." See 28 C.F.R. Part 51. Such copy shall be
provided no laler Ihan 5:00 p.m. on the fourth day preceding the election.
5. Subject to the terms of Ihis Agreement, Ihe County agrees 10 lease the following items to the City for use al
Ihe polls in its election:
. 28 DS200 optical scanners (2 per polling place plus 4 backups)
. 28 EViDs with battery backups (2 per polling place plus 4 backups)
. 14 iVolronic ADA units wilh booths (1 per polling placc plus 2 backups)
. 12 compacs (I per each ADA unil)
. 28 PEBs (I red and I green per ADA unit)
. 12 laplop computers (only if nceded)
. 12 precinct signs with nags
. 12 precinct Ii Ie caddy and supplies
. 72 voting boolhs (6 per polling place)
. 12 cell phones for Clerks
These quanlilies do not include early vOling. The Supervisor shall provide the cell phones.
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6. The City shall be responsible for oblaining executed Facility Use Agreements with the twelve polling sites
and providing copies to the Supervisor.
7. The Supervisor shall prepare and inspecl all voting equipment and supplies to be used in the election. This
includes the installation, activation and testing ofthe modem lines at the polling site.
8. The Supervisor shall coordinate and oversee the limely delivery and return of all voting equipment and
supplies used in the election. The City shall reimburse the Supervisor for any direct costs associated with Ihe
delivery or movemenl of equipment or suppiies.
9. The Supervisor shall provide all oalhs, forms, and Iraining materials to Ihe City's Election Workers.
Depulies need 10 be sworn in by the Sheriff's Office.
10. No later than the day following Ihe eleclion, Ihe Supervisor shall pick-up Ihe equipmenl used in Ihe City's
election.
II. The City shall use the County's certified tabulating systems, and pay direclly to the Supervisor all costs for
programming, on-sile election support, and any repairs required as a result oflhe Cily's use.
12. Nolhing in this Agreemenl shall require Ihe County or the Supervisor to arrange for the acquisition of
additional equipment for use by the City at ils poll siles should such equipment not already be in Ihe County's
inventory .
13. Neither Ihe County nor the Supervisor shall be held accountable for voting equipment or supply needs not
contained within Ihis Agreement. Requests by the Cily to modifY or change Ihis agreement regarding voting
equipment and supplies musl be in writing and timely. Whelher such requests will or will not be honored shall
be at the sole discretion of Ihe Supervisor. The Supervisor will be reimbursed the actual costs of any changes or
modification made to Ihis Agreement.
14. Subject 10 the lerms of Ihis Agreemenl, the County agrees 10 lease to the Cily Ihe ballot labulation
equipment components enumeraled herein:
. Model M650 Tabulator
. Unity Election System including
. Data Manager
. Ballot Image Manager
. Hardware Programming Manager
. Data Acquisition Manager
. iVotronic Image Manager
. Reporting Manager
15. The County agrees 10 lease the foregoing ballot labulation equipment 10 the Cily subjecl 10 the following
addilional conditions:
. The Cily shall utilize Ihe services of the staff of the Supervisor to program the system for ballot
labulation of the City election.
. The City shall nol remove the ballot tabulation equipment from the Collier County Government Center
whcre il is in the Supervisor's custody or lake any action, which would jeopardize Ihe security of the
syslem or interrupt the custody chain.
. The City shall be presenl for the Logic & Accuracy Test at 9:00 a.m. on Monday, eight days prior 10 the
election at the office ofthe Supervisor.
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. The Supervisor shall arrange for storage of the Logic & Accuracy Test.
. The City's failure to comply with any of these provisions, as determined by the Supervisor, shall
constitute adequate grounds for lermination of this Agreement for convenience by the Supervisor, on
behalf of the Supervisor and Ihe Counly, upon five (5) calendar days notice from the Supervisor to the
City. However, any such termination for convenience by Ihe Supervisor shall nol relieve Ihe City from
fully complying wilh any of ils outstanding obligations under this Agreement.
16. The Supervisor's office shall be and is solely responsible for the eontent and fonnal of any affidavits and
training materials used in the course of ils election.
17. The Supervisor shall be responsible for any Iraining of City's election workers, and Ihe development of its
training materials. The City Clerk or her representative will attend and complete at least one full training
session. The City shall be liable for all actions taken by the City's eleclion workers during Ihe course of its
eleclion day. The City shall enforce 9102.031(4) and (5), Fla. Stat. (2008), which provides:
(4)(a) No person, polilical committee, committee of continuous existence, or other group or
organization may solicit voters inside the polling place or within 100 feet oflhe entrance to any polling
place, or polling room where the polling place is also a pOlling room, or early voting sile. Before the
opening of the polling place or early voting site, Ihe clerk or supervisor shall designate Ihe no-
solicitation zone and mark the boundaries.
(b) For Ihe purpose ofthis subsection, the terms "solicit" or "solicitalion" shall include, but nol be
limited 10, seeking or attempting to seek any vole, facl, opinion, or contribution; dislribuling or
attempling to dislribute any political or campaign material, leaflet, or handout; conducting a poll excepl
as specified in this paragraph; seeking or attempting 10 seek a signalure on any petilion; and selling or
attempting to sell any item. The terms "solicit" or "solicilalion" shall not be construed to prohibit exil
polling.
(c) Each supervisor of eleclions shall inform Ihe clerk of Ihe area within which soliciting is unlawful,
based on the particular characleristics of that polling place. The supervisor or the clerk may take any
reasonable action necessary to ensure order at the polling places, including, bul not limited 10, having
disruptive and unruly persons removed by law enforcemenl officers from the polling room or place or
from Ihe I DO-foot zone surrounding the polling place.
(5) No photography is permitted in Ihe polling room or early voting area.
The Supervisor shall Irain all deputies on Ihe above-referenced rule, and the City shall be responsible for
resolving all issues arising from the enforcement of the same.
18. The Supervisor shall be responsible for all aclivily relaling to absentee ballots, including processing
requesls, addressing envelopes, mailing absenlee ballols, verifying signalures on cast absentee ballots, and
preparing accepled ballols for tabulalion. Such work shall be conducted in conformity with Florida law and at
the direclion of Ihe City Canvassing Board. The City shall be responsible for all direct costs associaled wilh
processing absentee ballots.
19. The Supervisor shall prepare and advertise bilingually the voter registration book closing in accordance
with general law and obtain an Affidavil of Publicalion for same. Said advertisement shall subsequently be
billed to the City, which shall be responsible for payment. Wilh the sole exceplion of Ihe voter registration
book closing advertisement, Ihe City shall publish bilingual advertisements for all required eleclion notices in a
newspaper of general circulalion wilhin the County.
20. The Supervisor shall be responsible for relention and destruction of all election malerials in conformity
with applicable State and Federal laws.
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21. To lease voting unils, and olher supplies listed within this contract, Ihe fee shall be $100 per voting unit
($]00 x 28 DS200s ~ $2,800; $]00 x 14 ADA units = $],400). The fee shall cover replacement parts and
shipping necessary to repair any damages to the County's voting unit or equipment leased 10 Ihe City. In the
event the cost of such replacement parts exceeds the amount of Ihe fee, the City shall reimburse the County for
the difference. The fee of $4,200.00 shall be paid to Ihe Supervisor no less than 45 days prior to election day.
The City agrees to pay for training, tabulation equipment, and ballol setup, in Ihe amount of $2,400.00.
Additional charges may apply for Spanish translation at a rale of$ .25 to $ .50 per word wilh a minimum charge
of$25.00. The Supervisor will bill this amount after Ihe eleclion.
22. Within len calendar days of the Cily eleclion dale, Ihe Cily shall provide any replacemcnl parts or
equipment Ihat were lost, slolen, or damaged while in Ihe City's possession.
23. If the Supervisor's actual City election costs exceed the amounl of the fee, Ihe City shall pay Ihe
Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be aclual costs
associaled wilh the following:
. Advertising the voler registration book closing
. Actual Slaff labor cosls for work unique and peculiar to Ihe City's election
. $.15 per page for 8.5" x II" or 8.5" x 14" copies
. $.20 per page for duplexed copies
. Any expenditure required to conduct the City's election and paid for by the Supervisor.
24. Notwithstanding all provisions for payment sel forth in this Agreement, the City shall be responsible for all
eosls associated wilh manpower, equipment, postage, and any other election costs, whelher or not specifically
sel forth in Ihis Agreement.
25. Nothing in this Agreement relieves the City of ils responsibilily 10 develop security procedures for its
eleclion. The County and Supervisor responsibility for security regarding the Cily's eleclion are limited to
those items contained in Ihe attached Exhibit A.
26. The County and Ihe Supervisor have no liability for costs or expenses or other liability incurred by the City
in preparalion for Ihis election should the U.S. Department of Justice nole an objeclion in ils response to the
Mayor's request. Further, should there be a response noting an objeclion which would delay or prohibit Ihe
eonducl of the eleclion, Ihe City is not relieved of any related financial obligation owed to the County and
Supervisor arising from fces, goods and services, or olher cosls and expenses whether or not specifically set
forlh in Ihis Agreement, incurred by the Supervisor up to Ihe lime the Cily notitles Ihe Supervisor in writing of
Ihe Departmenl of Juslice objeclion.
27. The City shall oblain an insurance policy which shall name the County as additionally insured or agree 10
provide coverage Ihrough the City's self-insurance and shall assure Ihal Ihe County will have no financial
obligalion which includes the Cily's responsibility for paying any deduclible for any damages to the County's
voting and ballot tabulaling equipment and syslems used in a City eleclion. A copy oflhe City's Certificate of
Insurance or a resolution identifying Ihe Counly as an additional insured shall be provided 10 the County wilhin
ten business days of the City executing this agreement.
28. In the event there is an election protesl, contest, or sequestration order arising from the Cily's eleclion
involving any component oflhe County's vOling syslem 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 10 Collier Counly within four calendar days of the
issuance of the sequestration order for Ihe labulalion component and an addilional $25,000 if voting unils are
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involved. The unused balance on the security deposit shall be returned 10 Ihe City when the legal matter has
been resolved and the equipment has been returned.
29. The Cily shall arrange for candidates, candidate supporters, and members of Ihe press 10 congregate and
await election results in a suitable and publicly accessible meeting area such as the County Commission
meeting room, City Hall, or olher comparable location. The Supervisor retains exclusive control of secured
areas within Ihe Elections Office throughout the election.
30. Wilh Ihe exception of activities relating direclly to the Supervisor's determinalions regarding voler
registration and eligibility, and to Ihe extent permitted by law, Ihe Cily shall pay for the Supervisor's selection
of defense counsel and indemnifY and hold hannless Ihe County, Ihe Supervisor, Iheir 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 Ihe
fulure from City's aClivities associated wilh this Cily election, arising oul of or resulting from any and all acts of
omission or commission relaling to Ihe City's election or the City's responsibility under this Agreement.
Further, 10 the extenl permitted by law, Ihe City shall pay for the Supervisor's selection of defense counsel and
indemnifY and hold harmless the County, Ihe 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 aulhorized by the City, ils employees, or agenls 10 participale in Ihe City eleclion when
not otherwise aulhorized or eligible, or from events relating expressly 10 City election activity.
31. All cosls, including attorney's fees and court costs, shall be paid by Ihe City for:
a. Litigation involving payment due to Ihe County or Supervisor and for collection for any judgment
recorded against the City, and
b. Litigalion involving Ihe Cily's election whelher brought by an elector, the U.S. Department of Juslice,
or others.
32. This Agreemenl shall be valid only for the City's election held February 2,2010.
33. [n the evenl any part of this Agreement is detennined 10 be unenforceable by a court of compelent
jurisdiction, said ruling shall nol invalidate the remaining parts oflhe Agreement.
Exhibit A
Collier County, Florida
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~ 19.1 SECURITY PROCEDURES FOR A STAND ALONE MUNICIPAL ELECTION
1. The Supervisor shall advertise Ihe registration book closing.
2. The City shall advertise the Notice of Election, a sample ballot, and all canvassing board meetings.
3. The Supervisor will provide Ihe City wilh a precinct-by-precincl demographics report wilhin seven days of
registration book closing.
4. On the 4th day preceding eleclion day, the Elections Office will run Ihe compuler sort 10 produce precinct regislers
for use in the City's election. This is not required for mail ballot elections or if EViDs are being used.
5. Any request for addilional equipment or supplies oulside the scope of Ihis agreemenl must be done sufficiently in
advance of the need, at the determination of the Supervisor. The County shall nol be required to provide equipmenl
it does nol have nor shall it be required to provide all equipment reqpested.
6. The Supervisor shall arrange Ihe delivery and pick-up of all election equipment and supplies.
7. Any election equipmenl in Ihe possession of the City shall be retumed 10 the County no later than the day after Ihe
election. The equipment shall be in the same condition as when it was received by Ihe City.
8. The Supervisor will, prior to the canvass of votes, provide all absentee ballot services needed to conducl Ihe City
election. This includes signature verification.
9. If Ihe City leases the Counly's ballot labulalion system, only the Supervisor's security procedures for building and
system access shall apply. The City shall be responsible for all other security measures for its procedures and
supplies.
10. The Supervisor shall be responsible for retention and destruction of all eleclion materials in conformity
with applicable State and Federal laws. The City is responsible for any direct costs associated with the
same.
I 1. All candidate informalion, amendments, and referendums musl be submitted 10 Ihe Supervisor no later Ihan the 42"d
day prior to election day, the lasl day of qualifying.
12. The Supervisor will invoice the City of Naples all costs associated with producing Ihe audio ballot.
13. Elections costs shall include, but nol be limited to, expendilures for all supplies including envelopes, instructions 10
voters, affidavils, precinct registers, if used, reports, ballols, postage, nolices to voters, advertisements, lesting of
equipment, sample ballots, data processing time and supplies, delivery and retrieval of equipmenl, records relention
and labor costs, including those costs uniquely associated with absentee ballol preparation and canvassing of Ihe
same. Thcse costs will be Ihe responsibility of the City and billed 10 Ihe City.
14. The cosl of polling place rentals shall be Ihe responsibility oflhe City.
15. The Supervisor shall be responsible for issuing checks to all election workers and the City shall reimburse the
Supervisor for these costs.
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IN WITNESS WHI;REOF" the parties hereto authorize Ihis Agreement and affix their hand and seal this
,xl'" day of (; C to !,e.;(. ,2009 by the City Council oflhe City of Naples, and this I Sf day of
rYi:I'/?A..A87:.P ,2009 by the Collier County Board of County Commissioners and the Supervisor of
Elections of Collier County.
ATTEST:
&~k'Clerk /
A~ .. WO-...... ,D puty CI rk
S1~.tW9 0111"
Approvea as 10 form and legal sufficiency
for the County:
&*J?W
Scott Teach
Deputy County Attorney
Collier Coun9', Board of County
CommissiqntrS .
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Donna Fiala, Chairwoman
Supervisor of Eleclions of Collier County
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JeJljlifer J. Edwards, SlJPervisor of Elections
ATTEST:
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Bill Barnett, Mayor
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Tara Norman, Ci lerk
City of Naples
Approved as 10 form and legal sufticiency
for Ihe City:
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Robert Pritt, City of Naples Attorney
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MEMORANDUM
Date:
December 14, 2009
To:
Melissa Blazier, Executive Assistant
Supervisor of Elections
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Recorded Interlocal Agreement for Election Services
with the City of Naples
Enclosed please find one (1) recorded copy of the letter document as
referenced above (Agenda Item #16Jl), approved by the Board of
County Commissioners on December 1, 2009.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosures
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among Ihe City of Naples, Collier County and Ihe Collier County Supervisor of Elections
This Agreement for Election Services (Agreemenl) is for the February 2, 2010, City Council Eleclion, 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 Ihe County's voting and ballot tabulation equipment, and the
Collier County Supervisor of Elections ("Supervisor"), as cuslodian of the County's voling and ballol labulation
equipment.
WITNESSETH
In consideration oflhe premises and covenants set out below, and for $10 and other valuable consideralion
in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as
follows:
I. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Acl of
1969, set forth in ~163.01, et seq., Fla. Stat., and is further authorized pursuanlto Ihe parties' respective home
rule powers granted by Ihe Florida Conslitution.
2. The City represents that under the lerms of the City Charter, the City is responsible for the conduct of all ils
municipal eleclions except when the City chooses to call a special election to be held by mail ballot. Nolhing
in Ihis Agreement shall be conslrued 10 imply that Ihe County or the Supervisor inlerpreted Ihe provisions oflhe
City's charter or interfered in any way with Ihe City's excrcise of ils home rule powers pursuant to the conduct
of the City election.
3. To facilitale the City's conduct of ils February 2, 2010 election, the Supervisor shall do those items
enumerated in Exhibit A idenlified as s.19.1, Security Procedures for Stand Alone Municipal Elections of
Collier County.
4. The Cily shall provide to Ihe Supervisor and the Florida Attorney General a copy of the City's letter of
submission and response to and from the U.S. Department of Juslice relalive 10 "any change [made by Ihe City]
affecting voting, even though il appears to be minor or indirect." See 28 C.F.R. Part 51. Such copy shall be
provided no later than 5:00 p.m. on Ihe fourth day preceding the election.
5. Subjecl to the terms of Ihis Agreement. Ihe Counly agrees to lease Ihe following items to the City for use at
the polls in its election:
.
28 DS200 optical scanners (2 per polling place plus 4 backups)
28 EViDs with battery backups (2 per polling place plus 4 backups)
14 iVolronic ADA units wilh boolhs (I per polling place plus 2 backups)
12 compacs (1 per each ADA unit)
28 PEBs (I red and I green per ADA unil)
12 laptop computers (only if needed)
12 precinct signs wilh flags
12 precincl tile caddy and supplies
72 voting booths (6 per polling place)
12 cell phones for Clerks
INSTR 4369413 OR 4515 PG 1170
RECORDED 121412009914 AM PAGES 7
DWIGHT E, BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COUR'
REC $61 00
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These quanlities do not include early voting. The Supervisor shall provide Ihe cell phones.
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6. The City shall be responsible for obtaining executed Facility Use Agreements with the twelve polling sites
and providing copies to the Supervisor.
7. The Supervisor shall prepare and inspecl all voting equipment and supplies to be used in the election. This
includes the installation, activation and lesting of the modem lines at the polling sile.
8. The Supervisor shall coordinate and oversee the timely delivery and return of all voting equipment and
supplies used in the election. The City shall reimburse the Supervisor for any direcl cosls associaled with the
delivery or movement of equipment or supplies.
9. The Supervisor shall provide all oalhs, forms, and training materials to the City's Election Workers.
Deputies need to be sworn in by the Sheriffs Office.
10. No later Ihan Ihe day following Ihe eleclion, Ihe Supervisor shall pick-up Ihe equipment used in the City's
election.
11. The City shall use the County's cerlitied tabulating systems, and pay directly 10 the Supervisor all costs for
programming, on-site election support, and any repairs required as a result of the City's use.
12. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition of
additional equipmenl for use by Ihe City at its poll sites should such equipment not already be in the County's
invenlory.
13. Neither Ihe County nor the Supervisor shall be held accounlable for voting equipment or supply needs not
contained within this Agreement. Requesls by Ihe City to modifY or change Ihis agreemenl regarding voting
equipment and supplies must be in writing and limely. Whelher such requesls will or will not be honored shall
be at the sole discretion oflhe Supervisor. The Supervisor will be reimbursed the actual costs of any changes or
modification made to this Agreement.
14. Subject 10 the lerms of this Agreemenl, the Counly agrees to lease to the City the ballot labulation
equipment components enumerated herein:
. Model M650 Tabulator
. Unity Election System including
. Data Manager
. Ballot Image Manager
. Hardware Programming Manager
. Dala Acquisition Manager
. iVotronic Image Manager
. Reporting Manager
15. The County agrees to lease the foregoing ballol tabulation equipment to the City subject to Ihe following
additional condilions:
. The City shall utilize the services of the slaff of the Supervisor 10 program the syslem for ballot
labulalion ofthe City election.
. The City shall nol remove Ihe ballot labulation equipmenl from the Collier County Government Center
where it is in the Supervisor's custody or lake any aclion, which would jeopardize Ihe security of the
system or interrupt the custody chain.
. The City shall be present for the Logic & Accuracy Test al 9:00 a.m. on Monday, eight days prior to Ihe
election at Ihe office of the Supervisor.
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. The Supervisor shall arrange for slorage of the Logic & Accuracy Test.
. The City's failure to comply with any of these provisions, as determined by the Supervisor, shall
constilute adequate grounds for lerminalion of Ihis Agreement for convenience by Ihe Supervisor, on
behalf of the Supervisor and the County, upon five (5) calendar days notice from Ihe Supervisor to the
City. However, any such termination for convenience by Ihe Supervisor shall not relieve the City from
fully complying wilh any of its outstanding obligalions under this Agreement.
16. The Supervisor's office shall be and is solely responsible for Ihe conlent and format of any affidavits and
training materials used in the course of its election.
17. The Supervisor shall be responsible for any training of Cily's election workers, and the developmenl of its
training materials. The City Clerk or her representative will attend and complete at least one full training
session. The City shall be liable for all aclions laken by Ihe Cily's election workers during the course of its
eleclion day. The City shall enforce S102.03 I (4) and (5), Fla. Stat. (2008), 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 ofthe 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 Ihe polling place or early voting site, the clerk or supervisor shall designate the no-
solicitalion zone and mark Ihe boundaries.
(b) For the purpose of this subsection, the terms "solicit" or "solicilation" shall include, but not be
limited 10, seeking or attempting 10 seek any vote, fact, opinion, or conlribution; distributing or
attempling to dislribute any political or campaign material, leaflet, or handout; conducting a poll except
as specified in this paragraph; seeking or attempting 10 seek a signalure on any petition; and selling or
attempting to sell any ilem. The lerms "solicit" or "solicitation" shall nol be construed 10 prohibit exil
polling.
(c) Each supervisor of elections shall ittform the clerk ofthe area within which soliciting is unlawful,
based on the particular characteristics oflhat polling place. The supervisor or the clerk may take any
reasonable action necessary to ensure order at Ihe polling places, including, but not limited to, having
disruplive and unruly persons removed by law enforcement officers from Ihe polling room or place or
from the I OO-foot zone surrounding Ihe polling place.
(5) No photography is permitted in the polling room or early voting area.
The Supervisor shall train all deputies on Ihe above-referenced rule, and Ihe City shall be responsible for
resolving all issues arising from the enforcemenl ofthe same.
18. The Supervisor shall be responsible for all activity relaling 10 absenlee ballots, including processing
requests, addressing envelopes, mailing absentee ballots, verifYing signatures on cast absenlee ballols, and
preparing accepted ballots for labulalion. Such work shall be conducled in conformity with Florida law and at
the direction of the City Canvassing Board. The City shall be responsible for all direct cosls associaled with
processing absentee ballols.
19. The Supervisor shall prepare and advertise bilingually Ihe voler regislration book closing in accordance
with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be
billed to the City, which shall be responsible for payment. With the sole exception of Ihe voter registralion
book closing advertisemenl, the City shall publish bilingual advertisements for all required election nolices in a
newspaper of general circulalion within the County.
20. The Supervisor shall be responsible for relention and destruclion of all election materials in conformity
with applicable State and Federal laws.
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21. To lease voting units, and other supplies listed wilhin this contract, the fee shall be $100 per voting unit
($100 x 28 DS200s = $2,800; $]00 x 14 ADA units = $1,400). The fee shall cover replacement parts and
shipping necessary to repair any damages to the County's voling unit or equipment leased to the City. In Ihe
event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for
Ihe difference. The fee of $4,200.00 shall be paid to the Supervisor no less than 45 days prior 10 election day.
The City agrees to pay for training, tabulation equipment, and ballol selup, in Ihe amount of $2,400.00.
Additional charges may apply for Spanish translalion al a rate of $ .25 to $ .50 per word wilh a minimum charge
of $25 .00. The Supervisor will bill Ihis amount after the eleclion.
22. Within ten calendar days of the City election dale, Ihe City shall provide any replacemenl paris or
equipment that were lost, stolen, or damaged whilc in the City's possession.
23. If the Supervisor's aclual City eleclion costs exceed the amount of the fee, Ihe Cily shall pay the
Supervisor's bill within ten calendar days of its receipt. Rates for Ihe Supervisor's bill shall be actual costs
associated with the following:
. Advertising the voter registration book closing
. Actual Staff labor costs for work unique and peculiar to the City's election
. $.15 per page for 8.5" xii" or 8.5" x 14" copies
. $.20 per page for duplexed copies
. Any expenditure required 10 conduct the City's election and paid for by the Supervisor.
24. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be responsible for all
costs associated with manpower, equipmenl, postage, and any other election costs, whether or not specifically
set forth in this Agreement.
25. Nothing in this Agreement relieves Ihe City of ils responsibility 10 develop security procedures for its
election. The County and Supervisor responsibilily for security regarding the City's election are limited to
those ilems conlained in the attached Exhibil A.
26. The County and the Supervisor have no liabilily for cosls or expenses or other Iiabilily incurred by the City
in preparalion for this election should the U.S. Departmenl 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 nol relieved of any related financial obligalion owed to the County and
Supervisor arising /Tom fees, goods and services, or other costs and expenses whether or not specifically sel
forth in this Agreement, incurred by Ihe Supervisor up 10 Ihe time Ihe City notifies Ihe Supervisor in wriling of
the Department of Justice objection.
27. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to
provide coverage Ihrough the City's self-insurance and shall assure that the County will have no financial
obligation which includes the Cily's responsibility for paying any deductible for any damages 10 Ihe County's
voting and ballol tabulating equipment and systems used in a City eleclion. A copy oflhe Cily's Certificate of
Insurance or a resolution idcntifying Ihe County as an addilional insured shall be provided to Ihe County wilhin
ten business days oflhe City executing Ihis agreement.
28. In the evenl there is an election prolesl, contesl, or sequeslration order arising from Ihe City's eleclion
involving any component of the County's voling system and/or equipment which would preclude its further use
until the matter has been resolved by the courts, and the Counly has an eleclion scheduled where the equipmenl
must be used, the City shall make a $25,000 security deposil to Collier County wilhin four calendar days oflhe
issuance of the sequestration order for Ihe tabulation component and an additional $25,000 if voting units are
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involved. The unused balance on the security deposit shall be returned to the City when Ihe legal matter has
been resolved and the equipment has been returned.
29. The City shall arrange for candidates, candidate supporters, and members of Ihe press to congregate and
await election resulls in a suitable and publicly accessible meeting area such as the County Commission
meeting room, City Hall, or other comparable location. The Supervisor retains exclusive control of secured
areas within the Eleclions Office throughout the election.
30. With the exception of activities relating directly 10 the Supervisor's determinations regarding voler
regislration and eligibility, and 10 the exlent permitted by law, the City shall pay for Ihe Supervisor's selection
of defense counsel and indemnity and hold harmless the County, the Supervisor, Iheir officers, agents, and
employees, from and against any and all actions, in law or in equily, 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 Cily's activities associaled with this Cily eleclion, arising out of or resulting from any and all acts of
omission or commission relating 10 Ihe City's election or Ihe Cily's responsibility under Ihis Agreement.
Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and
indemnity and hold harmless the County, Ihe 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 Cily, its employees, or agents to participate in the City election when
not otherwise aulhorized or eligible, or from events relaling expressly to City election activity.
31. All cosls, including attorney's fees and court costs, shall be paid by the City for:
a. Litigation involving paymenl due 10 the County or Supervisor and for collection for any judgment
recorded against the City, and
b. Litigalion involving Ihe City's election whelher brought by an elector, Ihe U.S. Department of Justice,
or olhers.
32. This Agreement shall be valid only for the City's eleclion held February 2,2010.
33. In the event any part of this Agreemenl is determined 10 be unenforceable by a court of compelent
jurisdiction, said ruling shall not invalidale the remaining parts ofthe Agreement.
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Exhibit A
Collier County, Florida
~ 19.1 SECURITY PROCEDURES FOR A STAND ALONE MUNICIPAL ELECTION
1. The Supervisor shall advertise the registration book closing.
2. The City shall advertise the Notice of Election, a sample ballol, and all canvassing board meetings.
3. The Supervisor will provide the City with a precinct-by-precinct demographics report within seven days of
registration book closing.
4. On the 41h day preceding eleclion day, the Elections Office will run Ihe com puler sort to produce precincl registers
for use in Ihe City's eleclion. This is nol required for mail ballot elections or if EViDs are being used.
5. Any request for additional equipment or supplies outside Ihe scope of Ihis agreement must be done sufficiently in
advance of the need, al Ihe determination of the Supervisor. The County shall nol be required to provide equipment
it does not have nor shall it be required to provide all equipment req.uested.
6. The Supervisor shall arrange the delivery and pick-up of all election equipment and supplies.
7. Any election equipment in Ihe possession of the City shall be relumed to the County no later than the day after the
election. The equipment shall be in the same condition as when it was received by the City.
8. The Supervisor will, prior 10 the canvass of votes, provide all absentee ballot services needed to conduct Ihe City
election. This includes signalure verification.
9. If the City leases the County's ballot tabulation syslem, only Ihe Supervisor's security procedures for building and
system access shall apply. The City shall be responsible for all other security measures for its procedures and
supplies.
10. The Supervisor shall be responsible for relention and destruction of all election materials in conformity
with applicable State and Federal laws. The City is responsible for any direct costs associated with the
same.
11. All candidale information, amendmettts, and referendums must be submitted 10 the Supervisor no later Ihan the 420'
day prior to eleclion day, the lasl day of qualifying.
12. The Supervisor will invoice Ihe City of Naples all costs associated with producing the audio ballot.
13. Elections costs shall include, but nol be limiled to, expendilures for all supplies including envelopes, instruclions to
voters, affidavits, precinct regislers, if used, reports, ballols, poslage, notices to voters, advertisements, tesling of
equipment, sample ballots, data processing time and supplies, delivery and retrieval of equipment, records retention
and labor costs, including Ihose costs uniquely associated with absentee ballot preparation and canvassing of the
same. Thcse cosls will be Ihe responsibility of the City and billed 10 Ihe City.
14. The cost of polling place rentals shall be the responsibility of the City.
15. The Supervisor shall be responsible for issuing checks 10 all election workers and the City shall reimburse the
Supervisor for these costs.
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IN WITNESS WHJ;REOF" the parties hereto authorize this Agreement and affix their hand and seal this
-XI'" day of (; C f1J lie.;(. ,2009 by the Cily Council oflhe City of Naples, and this I SF day of
jY(i' Y:.J..J.8f'.-f!.- ,2009 by Ihe Collier County Board of County Commissioners and the Supervisor of
Elections of Collier County.
ATTEST:
&~k'Clerk /
A~ .. tAt .~ ,D puty CI rk
s101l.t.... otl."
Approvea as 10 form and legal sufficiency
for the County:
&1fJZ~
Scott Teach
Deputy County Attorney
Collier Co un\.)', Board of County
Commissi9'fr.s
, II
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II (''''','r......
j
y /1
~t ,4,1-~<
Donna Fiala, Chairwoman
Supervisor of Eleclions of Collier County
"'"
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( " " -,' j" ,." ",
- ,<' ~,..1/l' ,,' " '.l- ' ?:QJ
J:..!J1ifer 1. Edward~, S';jPervisor of Elections
ATTEST:
~~
Bill Barnett, Mayor
48 ~$1-'~
Tara Norman, Ci lerk
Cily of Naples
Approved as 10 form and legal sufficiency
for the Cily:
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. f 'I) I. 'X)
Robert Pritt, City of Naples Attorney