Agenda 06/27/2017 Item #16J 306/27/2017
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the
November 28, 2017, City of Everglades City municipal 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, 2017, City of Everglades City municipal election. The agreement is between
the Collier County Board of Commissioners, 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, 2017, City of Everglades City 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
the City of Everglades City to be paid to the Collier County Board of County Commissioners for
services rendered.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form
and legality. Majority support is required 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 Chairwoman to
execute the agreement.
Prepared by: Jennifer J. Edwards, Supervisor of Elections
ATTACHMENT(S)
1. Interlocal Agreement for Election Services - ECity (PDF)
16.J.3
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.3
Doc ID: 3364
Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for
the November 28, 2017, City of Everglades City municipal election.
Meeting Date: 06/27/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
06/13/2017 4:01 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
06/13/2017 4:01 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 11:03 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/15/2017 10:26 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 06/16/2017 8:58 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 10:07 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
16.J.3
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INTERLOCAL AGREEPIENT FOR ELECT10N SERVICES
By md Amott■cGけ 」N憔
路 :誦 f°
unty,md“Colli∝County
縛鱗隅詳師]踊 藩鑢畿瀧 蝋囃
COunげ S Voing and bdlot tabulttion cqulpmcこ and thc Collier County SupervisOr of Elccions
(`Supervisor'),as custodian ofthe Countyls voting and ballot tabulation cq」pment
WITNESSETH
In consideration of these premiscs,the sum of Ten Dollars(S10・ 00),and Othcr g∞d and
valuable consideration,the rcccipt and sumcicncy Of which is hcreby mutually acknowledgcd,it
is agrccd by and bctwccn the p“cs as follows:
L。脱 ilT∬「1見 ξTttthttT,1戦 リツ 湿 l,獄 盟 計 鰤 棚
pursuant to thc p`前 ies'respcctiVc home rule powers granted by thc FloHda Constitution
2 Thc City reprcscnts that under thc tenns of the C●ChartCr,the City is rcsponsiblc for thc
conduct of allits municipal clc"tions exccpt whcn thc City chooscs to call a spccial clection to bc
hcld by mttl ballot Nothhg in this Agrcemcnt shdl bc constncd to imply mat the County or
畿Supervisor intcrpretcd thc provisions of the Ciげ s charter or interfcred in any way wlth朧
City's cxercise ofits home rde powers pursuantto the conduct ofthe 2017 City elccion.
3.Toね oilitatc the C聰 ゝ conduct of its Novembcr 28,2017,election,thc Supervisor shall
pcrfom thosc duties expressly and implicitly con函 ncd in亜 s Agreement.
4 Therc w11l be no eany voting in thc Novcmber 28,2017,City Elccton.
5.SutteCt tO thc tcrrns ofthis Agrccmcnt,thc COlmけ agreCS tO deploy the following items to
conduct thc 201 7 City clection:
o 2DS 200 optical scanners;
●2 EViDs,mth battery backup、
o 2iVotroic ADA mits Ⅵith booths:
● All precinct signs and requircd notices;
● l prccinct fllc caddy and supplics;
o 3voting booths;and
o 2ccll phoncs for usc by the Clcrk.
6 The City is respOnsible for providing thc mal list of qualincd candidatcs to the Supervisor
inlmcdiatcly afヽ r the quali″ing pe漁 m cnds.
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Packet Pg. 1377 Attachment: Interlocal Agreement for Election Services - ECity (3364 : Recommendation to approve an Interlocal Agreement for Election
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 associaled with the same.
9. The City is responsible for any direct costs needed to rrse or prepare a polling place for the
election.
10. The City is fully responsible for any loss of or damage to voting equipment, supplies or
consumables used exclusively to conduct the 2017 City Election.
I 1. 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 equipmen! 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
creale 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 tabuluing 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 ofEce at 10:00 am.
17. The Supervisor is solely responsible for the content and format of all ballots, vote-by-mail
balloting materials, affidavits, affinnations and training materials used in the 2017 City 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 (l) training session.
19. The City shall be liable for all actions taken by the election workers in executing the 2017
City Election. The City shall enforce 9102.031(4) and (5), F/a. Srar.
( )(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 of the
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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 the polling place or early voting site, the
clerk or supervisor shall desigrate the no-solicitation zone and mark the boundaries.
(b) For the purpose of this subsectiorL 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 petitioq and selling or attempting to sell any item.
The terms "solicit" or "solicitation" shall not be construed to prohibir exit polling.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting
is unlawful, based on the particular characteristics of that polling place. The supervisor or
the clerk may take any reasonable action necessary to ensure order at the polling places,
including, but not limited to, having disruptive and unruly persons removed by law
enforcement officers from the polling room or place or from the 100-foot zone
sunounding the polling place.
(5) No photography is permitted in the polling room or early voting area
The Supervisor shall train all deputies on the above-referenced rule.
20. The Supervisor will design and provide all vote-by-mail ballot materials for the election.
The City is responsible for timely processing of all vote-by-mail requests, addressing vote-by-
mail envelopes, and providing postage. The Supervisor will verify signatures that are faxed or e-
mailed to the Supervisor's office. The City is responsible for any direct costs associated with the
same.
21. The City is responsible for preparing and publishing notices for book closing, the logic and
accuracy test, all canvassing board meetings and the sample ballot, in accordance with general
law, and obtaining the affi&vits of publication.
22. The City shall be responsible for retention and destruction of any election materials in its
custody in conformity with applicable State and Federal laws.
23. With the exception of activities relating directly to the Supervisor's determinations regarding
voter registration and eligibility, and to the extent permitt€d by law, the City shall indemnifr,
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 attomey's fees, to any person or property which may
result now or in the future from City's activities associated with the 2017 Cily Election, arising
out of or resulting from any and all acts of omission or commission relating to the 2017 City
Election or the City's responsibility under this Agreement. Further, to the extent permitted by
law, the City shall indemnifu, defend and hold harmless the County and the Supervisor, their
officers, agents and employees, from and against aoy and all actions, in law or in equity, from
liability or claims for damages, injuries, losses, and expenses, to any person or persons
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Packet Pg. 1379 Attachment: Interlocal Agreement for Election Services - ECity (3364 : Recommendation to approve an Interlocal Agreement for Election
authorized by the City, its employees, or agsnts to participare in the 2017 City Election when not
otherwise authorized or eligible, or from events relating expressly to the City Election. In
defending the County and the Supervisor from any indemnified claim, the City shall not settle
any such claim without first receiving ttre 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.
24. All costs, including attomey'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 2017 City Election whether brought by an elector, the U.S.
Departnent of Justice, or others.
25. The fee to use the voting equipment is $100 per voting unit ($100 x 2 units = $200) and $50
per EViD ($50 x 2 EViDs = $100). The fee shall cover wear and tear on the equipment and any
costs needed to service or repair the equipment used in the 2017 City election. ln the event the
cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the
County for the difference.
26. In addition, the City agrees to pay the direct costs for election programming, election worker
training, ballot desigrr, paper ballots, audio ballots, and vote-by-mail materials.
27. The City is responsible for direct payment of all election workers and mailing their checks.
28. The Supervisor will biU the City within ten (10) business days after the election is certified.
29. T1rc City shall pay all election costs within thirty (30) days of receiving the bill from the
Supervisor.
30. The rates to be used by the Supervisor are as follows:
. the actual cost in staff time, using base salary only, for work solely performed in support
of the 2017 City Election;o $.10 per page for 8.5" x 11" or 8.5" x 14" copies;. $.15 per page for duplexed copies;e $.20 per page for unprinted ballot paper; and. any other expenditures required to conduct the 2017 City Election and paid for by the
Supervisor.
3l. The City is responsible for all direct costs of its electiorl whether or not said costs are listed
in this Agreement.
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32. The City's failure to comply with any of these provisions, as detennined by the Supervisor,
shall constitute adequate grounds for termination of this Agreement for convenience by the
Supervisor, on behalfofthe Supervisor and the County, upoD five (5) calendar days notice from
the Supervisor to the City. However, any such termination for convenience by the Supervisor
shall not relieve the City from frrlly complying with any of its outstanding obtigations under this
Agreement.
33. The City shall obtain an insurance policy which shall name the County as additionally
insured or agree to provide coverage through the City's self-insurance and shall assure that the
County will have no financial obligation which includes the City's responsibility for paying any
deductible for any damages to the County's voting equipment used in the election. A copy of the
City's Certificate of Insurance identi$ing the County as an additional insured shall be provided
to the County.
34. In the event there is an election protest, contest or sequestration order arising from the 2017
City 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 $2,000
security deposit to Collier County within ten (10) calendar days of the issuance of the
sequestration order for the voting equipment involved. The unused balance on the security
deposit shall be retumed to the City when the legal matter has been resolved and the equipment
has been returned.
35. This Agreement shall be valid only for the November 28,2017, City Election.
36. In the event any part of this Agreement is determined to be unenforceable by a court of
competent jurisdictiorq said ruling shall not invalidate the remaining parts of the Agreement.
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affrx their hand and
seal this day of 2017,by the City Colmcil of the City of
Everglades City, and this _ day of 2017, by the Collier County
Board of County Commissioners and the Supervisor of Elections of Collier County.
ATH]ST:
D宙 ght E.Brock,Clerk
Collier County Board of County
Commissioners
Penny Taylor, Chairwoman
Supervisor of Elections of Collier County
Jemifer J.Edwards,Supervisor ofElections
City ofEverglades City
Sammy Hamilton, Mayor
, Deputy Clerk
Dottic Smallwood,City Clerk
City ofEverglades City
Approved as to forFn and legal suttciency
for the City:
City Attorney for the City of Everglades City6
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Packet Pg. 1382 Attachment: Interlocal Agreement for Election Services - ECity (3364 : Recommendation to approve an Interlocal Agreement for Election