Agenda 08/08/2023 Item #16J1 (To approve an Interlocal Agreement for Election Services for 11-28-23, City of Everglades City General Election)16.J.1
08/08/2023
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the November 28, 2023, City
of Everglades City General Election.
OBJECTIVE: To obtain approval of an Interlocal Agreement for Election Services with the Collier County
Supervisor of Elections and the City of Everglades City for election services for the November 28, 2023, City of
Everglades City General Election. The agreement is between the Collier County Board of Comissioners, as owner
of the voting 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 Everglades City, 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 November 28, 2023, City of Everglades City General 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
Everglades City 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: Melissa R. Blazier, Supervisor of Elections
ATTACHMENT(S)
1. Interlocal Agreement Everglades City Election - rev. 7.14.23 (PDF)
Packet Pg. 886
16.J.1
08/08/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.11
Doc ID: 26215
Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for the November 28,
2023, City of Everglades City General Election.
Meeting Date: 08/08/2023
Prepared by:
Title: Management Analyst II — County Manager's Office
Name: Geoffrey Willig
07/25/2023 3:40 PM
Submitted by:
Title: Deputy County Manager — County Manager's Office
Name: Amy Patterson
07/25/2023 3:40 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Geoffrey Willig Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
07/25/2023 3:47 PM
Completed
07/26/2023 9:49 AM
Completed
07/26/2023 2:42 PM
Completed
07/28/2023 9:30 AM
08/08/2023 9:00 AM
Packet Pg. 887
16.J.1.a
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Everglades City, Collier County, and the Collier County
Supervisor of Elections
This Agreement for Election Services (Agreement) is for the November 28, 2023, City of
Everglades City General Election, and is by and among the City of Everglades City ("City"),
Collier County, by and through the Collier County Board of County Commissioners ("County"),
as owners of the County's voting and ballot tabulation equipment, and the Collier County
Supervisor of Elections ("Supervisor"), as custodian of the County's voting and ballot tabulation
equipment.
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 parties as follows:
1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal
Cooperation Act of 1969, set forth in § 163.01, et seq., Fla. Stat., and is further authorized pursuant
to the parties' respective home rule powers granted by the Florida Constitution or general law.
2. The City represents that under the terms of the City Charter, the City is responsible for the N
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 N
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 2023 City of Everglades City
General Election. L
3. To facilitate the City's conduct of its November 28, 2023, election, the Supervisor shall
perform those duties expressly and implicitly contained in this Agreement.
4. There will be no early voting in the November 28, 2023, City of Everglades City General
Election.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the 2023 City of Everglades City General Election:
• 2 DS200 optical scanners;
• 2 EViDs;
• 2 ExpressVote ADA units;
• All precinct signs and required notices;
• 1 precinct file caddy and supplies;
• 3 voting booths and 1 tabletop voting booth; and
• 1 cell phone for use by the Clerk.
Packet Pg. 888
16.J.1.a
6. The City is responsible for providing the final list of qualified candidates to the Supervisor
immediately after the qualifying period ends.
7. The Supervisor is responsible for preparing all voting equipment and materials for the
election to the standards established by the Florida Election Code and the Division of Elections.
The City is responsible for any direct costs associated with the same.
8. The Supervisor is responsible for the timely delivery and retrieval of all voting equipment
and supplies. The City is responsible for any direct costs associated with the same.
9. The City is responsible for any direct costs needed to use or prepare polling places 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 2023 City of Everglades City General Election.
11. The City is responsible for properly safeguarding any ballots in its custody.
12. Nothing in this Agreement shall require the County or the Supervisor to purchase or acquire
any additional voting equipment, supplies or consumables outside the County's current inventory.
13. Neither the County nor the Supervisor shall be held accountable for equipment needs not u--
specified in this Agreement. Untimely requests for voting equipment, supplies or consumables N
create no duty or obligation for the County or Supervisor to perform. M
N
14. The Supervisor is responsible for programming the election, designing the ballot, and
producing and delivering a sufficient quantity of ballots to conduct the election. The City is
responsible for any direct costs associated with the same. L
15. The Supervisor is responsible for tabulating and reporting the results. The City is
responsible for any direct costs associated with the same.
16. The City shall be present for the logic and accuracy test, which is scheduled for the Tuesday
before the election at the Supervisor's office at 10:00 a.m.
17. The Supervisor is solely responsible for the content and format of all ballots, vote -by -mail
balloting materials, affidavits, affirmations and training materials used in the 2023 City of
Everglades City General 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 2023
City of Everglades City General Election. The City shall enforce § 102.031(4) and (5), Fla. Stat.
2 Packet Pg. 889
16.J.1.a
(4)(a) No person, political committee, or other group or organization may solicit voters
inside the polling place or within 150 feet of a secure ballot intake station or the entrance
to any polling place, a polling room where the polling place is also a polling room, an early
voting site, or an office of the supervisor where vote -by -mail ballots are requested and
printed on demand for the convenience of electors who appear in person to request them.
Before the opening of a secure ballot intake station location, a polling place, or an early
voting site, the clerk or supervisor shall designate the no -solicitation zone and mark the
boundaries.
(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; selling or attempting to sell any item; and engaging in any
activity with the intent to influence or effect of influencing a voter. The terms "solicit" or
"solicitation" may not be construed to prohibit an employee of, or a volunteer with, the
supervisor from providing nonpartisan assistance to voters within the no -solicitation zone
such as, but not limited to, giving items to voters, or 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 v
the clerk may take any reasonable action necessary to ensure order at the polling places,
to
including, but not limited to, having disruptive and unruly persons removed by law N
enforcement officers from the polling room or place or from the 150-foot zone surrounding to
the polling place. N
(d) Except as provided in paragraph (a), the supervisor may not designate a no -
solicitation zone or otherwise restrict access to any person, political committee, candidate,
or other group or organization for the purposes of soliciting voters. This paragraph applies a)
to any public or private property used as a polling place or early voting site. c
(e) The owner, operator, or lessee of the property on which a polling place or an early
voting site is located, or an agent or employee thereof, may not prohibit the solicitation of
voters by a candidate or a candidate's designee outside of the no -solicitation zone during
polling hours.
(5) No photography is permitted in the polling room or early voting area, except an
elector may photograph his or her own ballot.
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 and publishing notices for the 1 st Notice of Election,
2nd Notice of Election, Book Closing, the Logic and Accuracy Test and all Canvassing Board
meetings, and the Sample Ballot, in accordance with general law, and obtaining the affidavits of
publication.
Packet Pg. 890
16.J.1.a
22. The City shall provide for its own Canvassing Board. The Supervisor shall provide a
location at the Supervisor's office for the Board's use, as needed, and shall cooperate with the
Board in providing information and documentation necessary for the Board's functions.
23. The City shall be responsible for retention and destruction of any election materials in its
custody in conformity with applicable State and Federal laws.
24. With the exception of activities relating directly to the Supervisor's determinations
regarding voter registration and eligibility, and to the extent permitted by law, the City shall
indemnify, defend and hold harmless the County and the Supervisor, their officers, agents, and w
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 a
may result now or in the future from City's activities associated with the 2023 City of Everglades >
City General Election, arising out of or resulting from any and all acts of omission or commission v
relating to the 2023 City of Everglades City General Election or the City's responsibility under this
Agreement. Further, to the extent permitted by law, the City shall indemnify, defend and hold M
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 w'
expenses, to any person or persons authorized by the City, its employees, or agents to participate c
in the 2023 City of Everglades City General Election when not otherwise authorized or eligible,
or from events relating expressly to the 2023 City of Everglades City General Election. In v
defending the County and the Supervisor from any indemnified claim, the City shall not settle anyLO
such claim without first receiving the consent of the County and the Supervisor, such consent not N
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.
25. 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 2023 City of Everglades City Election whether brought by an
elector, the U.S. Department of Justice, or others.
26. The fee to use the voting equipment is $100 per voting unit and $50 per electronic pollbook
(EViD). The fee shall cover wear and tear on the equipment and any costs needed to service or
repair the equipment used in the 2023 City of Everglades City General 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.
27. In addition, the City agrees to pay the direct costs for election programming, election
worker training, ballot design, paper ballots, and vote -by -mail materials.
28. The City is responsible for direct payment of all election workers and mailing their checks.
4 Packet Pg. 891
16.J.1.a
29. The Supervisor will bill the City within ten (10) business days after the election is certified.
30. The City shall pay all election costs within thirty (30) days of receiving the bill from the
Supervisor.
31. 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 2023 City of Everglades City General Election;
• $.10 per page for 8.5" x I I" or 8.5" x 14" copies;
• $.15 per page for duplexed copies; and
• any other expenditures required to conduct the 2023 City of Everglades City General
Election and paid for by the Supervisor.
32. The City is responsible for all direct costs of its election, whether or not said costs are listed
in this Agreement.
33. 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.
M
34. 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 shall be provided c
to the County. 2
35. In the event there is an election protest, contest or sequestration order arising from the 2023
City of Everglades City General 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 the 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.
36. This Agreement shall be valid only for the November 28, 2023, City of Everglades City
General Election.
37. 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.
5 Packet Pg. 892
IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their
hand and seal this day of , 2023 by the City Council of the City of
Everglades City, and this day of , 2023 by the Collier County Board
of County Commissioners and the Supervisor of Elections of Collier County.
ATTEST:
Crystal K. Kinzel, Clerk
, Deputy Clerk
Approved a tifor a� legality for the
County: _ A
Jeffrey A. Iq!a1zkovj' County Attorney
ATTEST:
Dottie Smallwood, City of Everglades City,
City Clerk
Approved as to form and legal sufficiency
for the City:
Zach Lombardo, City of Everglades City,
City Attorney
Collier County Board of County Commissioners
Rick LoCastro, Chair
Collier County Supervisor of Elections
i A I
elissa R. BlazierV Upervisor of Elections
City of Everglades City N
v
ti
L
Howie Grimm, City of Everglades City, ,
Mayor =
Packet Pg. 8 3