Loading...
Backup Documents 08/08/2023 Item #16J1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 J 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the 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. Risk Management Risk-Management 3. County Attorney Office County Attorney Office 511K/09 4. BCC Office Board of County Commissioners Pt.by/6/,s( gi/d/z 3 5. Minutes and Records Clerk of Court's Office r (_ 5-I b-g t PRIMARY CONTACT INFORMATION 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 above,may need to contact staff for additional or missing information. Name of Primary Staff Kevin Turner Phone 239.2.52.6235 Contact/ Department Collier County Supervisor of Elections Agenda Date Item was August 8,2023 Agenda Item Number 16.J.1. Approved by the BCC Type of Document Interlocal Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is N/A 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? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 N/A 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 N/A 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 N/A 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 N/A signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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 September 28,2021 and all changes N/A is not made during the meeting have been incorporated in the attached document. The , r an option for `, County Attorney's Office has reviewed the changes,if applicable. /0 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for theK� an option for Chairman's signature. X this line. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 J 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the 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 "'©` ' 1DI Ve 1 2,3 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. Risk Management Risk Management 3. County Attorney Office County Attorney Office 5AK109 giS( 4. BCC Office Board of County Commissioners r br /s gftt/Z 3 5. Minutes and Records Clerk of Court's Office ( 6-1b-ab PRIMARY CONTACT INFORMATION 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 above,may need to contact staff for additional or missing information. Name of Primary Staff Kevin Turner Phone 239.252.6235 Contact/ Department Collier County Supervisor of Elections Agenda Date Item was August 8,2023 Agenda Item Number 16.J.1. Approved by the BCC Type of Document Interlocal Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is N/A 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? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 N/A 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 N/A 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 N/A 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 N/A signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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 September 28,2021 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. /79' 9. Initials of attorney verifying that the attached document is the version approved by the , no BCC,all changes directed by the BCC have been made,and the document is ready for the 1e'ption for ": Chairman's signature. 1;1ine. 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 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 2023 City of Everglades City General Election. 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. 1 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 specified in this Agreement. Untimely requests for voting equipment, supplies or consumables create no duty or obligation for the County or Supervisor to perform. 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. 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 (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 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 150-foot zone surrounding the polling place. (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 to any public or private property used as a polling place or early voting site. (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 1st 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. 3 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 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 2023 City of Everglades City General Election, arising out of or resulting from any and all acts of omission or commission 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 harmless the County and the Supervisor, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate 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 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. 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 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 11" 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. 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 to the County. 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 IN WITNESS WHEREOF. the parties hereto authorize this Agreement and affix their hand and seal this I clay of August , 2023 by the City Council of the City of Everglades City,and this 8 clay of August , 2023 by the Collier County 13oard of County Commissioners and the Supervisor of Elections of Collier County. ATTEST: Crystal K. Kinzel, Clerk Collier County Board of County Commissioners . Deputy Clerk Rick LoCastro. Cha r Attest as to Chairman's signature only Approved a I Ion al legality for the County: r,..., Collier County Supervisor of Elections .Jeffrey A. I, fa zko County Attorney elissa R. Blazier, Supervisor of Elections 1,1 ATTEST: City of -verglades City kitt(A)kalhttZ V 'Dottie Smallwood, City of Everglades ity, Howie Timm, City of Eve ades City, City Clerk Mayor Approved as to form and legal sufficiency for the City: Zach I n bardo of Everglades City, City Atto lie 6 16J1 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 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 2023 City of Everglades City General Election. 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. 1 16JI 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 specified in this Agreement. Untimely requests for voting equipment, supplies or consumables create no duty or obligation for the County or Supervisor to perform. 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. 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 16J1 (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 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 150-foot zone surrounding the polling place. (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 to any public or private property used as a polling place or early voting site. (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 1st 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. 3 1 6 J I 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 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 2023 City of Everglades City General Election,arising out of or resulting from any and all acts of omission or commission 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 harmless the County and the Supervisor, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate 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 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. 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 16J1 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 11" 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. 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 to the County. 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 16J2 IN WITNESS WI-HEREOF. the parties hereto authorize this Agreement and affix their hand and seal this 1 day of August , 2023 by the City Council of the City of Everglades City,and this 8 day of August , 2023 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTEST: Crystal K. Kinzel, Clerk Collier County Board of County Commissioners . (-72. • Deputy Clerk Rick LoCastro. Cha r Attest as to Chairman's signature only Approved a t forn ai legality for the County: Collier County Supervisor of Elections • Jeffrey A. 'a zko County Attorney elissa R. Blazier, Supervisor of Elections- , j ATTEST: City of -verglades City attajath-ati Ifottie Smallwood, City of Everglades�ity, Howie rimm, City of Eve ales City, City Clerk Mayor j . Approved as to form and legal sufficiency for the City: Zach I n bardo 'of Everglades City, City At�o•ne 6