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Backup Documents 10/10/2017 Item #16J2 • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMESENT J 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE NTS FOR SIGNTOATURE 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. 3. County Attorney Office County Attorney Office SRT ' ` ( 10/10/17 4. BCC Office Board of County Commissioners kek\k1 l 5. Minutes and Records Clerk of Court's Office jo f— q„ 011/ 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 mi sing information. Name of Primary Staff Jennifer Edwards/Sup icor of Elections Contact Information 239-252-23 7 Contact/ Department Agenda Date Item was October 10,2017 Agenda Item Number 16J2 Approved by the BCC Type of Document Interlocal Agreement for Election Services for Number of Original 1 Attached the February 6,2018,City of Naples municipal Documents Attached election PO number or account N/A number if document is 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 -3'T7CMP-9I4Q.� SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT 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 SRT 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 SRT 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 SRT 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 SRT 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 10/10/2017 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the d BCC,all changes directed by the BCC have been made,and the document is ready for the f Chairman's signature. / 16J2 MEMORANDUM Date: October 17, 2017 Cc: Melissa Blazier, Chief Deputy Supervisor of Elections Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement providing Election Services for City of Naples Municipal Election Attached is a recorded copy of the agreement as referenced above, (Item #16J2) approved by the Board of County Commissioners on October 10, 2017. The original agreement will be held in the Minutes & Records Department in the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16J2 INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County, and the Collier County Supervisor of Elections This Agreement for Election Services (Agreement) is for the February 6, 2018, City Election, 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 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 or other 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 2018 City Election. 3. To facilitate the City's conduct of its February 6, 2018, election, the Supervisor shall perform those duties expressly and implicitly contained in this Agreement. 4. There will be no early voting in the February 6, 2018, City Election. 5. Subject to the terms of this Agreement, the County agrees to deploy the following items to conduct the 2018 City Election: • 20 DS200 optical scanners; • 20 EViDs with battery backups; • 11 ExpressVote ADA units; INSTR 5457944 OR 5439 PG 1903 • All precinct signs and required notices; RECORDED 10/12/2017 11 33 AM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT • 7 precinct file caddies and supplies; COLLIER COUNTY FLORIDA • 7 tabletop voting booths; REC$52.50 • 84 voting booths; and • 7 cell phones for use by the Clerks. 6. The City is responsible for providing the final list of qualified candidates to the Supervisor immediately after the qualifying period ends. 1 16 j 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 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 2018 City 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 2018 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 (1) training session. 19. The City shall be liable for all actions taken by the election workers in executing the 2018 City Election. The City shall enforce §102.031(4) and (5), Fla. Stat. (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 of the 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 designate the no-solicitation zone and mark the boundaries. 2 16J2 (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; and selling or attempting to sell any item. The terms "solicit" or "solicitation" shall not be construed 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 100-foot zone surrounding 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 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 book closing, the logic and accuracy test, all canvassing board meetings and the sample ballot, in accordance with general law, and obtaining the affidavits of publication. 22. The City is 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 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 2018 City Election, arising out of or resulting from any and all acts of omission or commission relating to the 2018 City 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 2018 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 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. 3 1 6 J 2 24. 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 2018 City Election whether brought by an elector, the U.S. Department of Justice, or others. 25. The fee to use the voting equipment is $100 per DS200 ($100 x 20 DS200s= $2,000) and $50 per EViD ($50 x 20 EViDs= $1,000). The fee shall cover wear and tear on the equipment and any costs needed to service or repair the equipment used in the 2018 City 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. 26. In addition, the City agrees to pay the direct costs for election programming, election worker training,ballot design,paper ballots, audio ballots, and vote-by-mail materials. 27. The Supervisor is responsible for direct payment of all election workers and mailing their checks. The City is responsible for any direct costs associated with the same. 28. The Supervisor will bill the City within ten (10) business days after the election is certified. 29. The 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 2018 City Election; • $.10 per page for 8.5" x 11" or 8.5" x 14" copies; • $.15 per page for duplexed copies; • $.20 per page for unprinted ballot paper; and • any other expenditures required to conduct the 2018 City Election and paid for by the Supervisor. 31. The City is responsible for all direct costs of its election, whether or not said costs are listed in this Agreement. 32. 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. 4 16j2 33. 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 party shall be provided to the County. 34. In the event there is an election protest, contest or sequestration order arising from the 2018 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 $25,000 security deposit to Collier 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. 35. This Agreement shall be valid only for the February 6, 2018, City Election. 36. 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. 37. The City shall provide for its own Canvassing Board. The Supervisor shall provide a location at the Supervisor's ballot-counting location for the Board's use and shall cooperate with the Board in providing information and documentation necessary for the Board's functions. 5 16J2 IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and seal this j7K day of ST/P-1 ,4180 ,-P—..—� , 2017 by the City Council of the City of Naples, and this 10 day of c c- e r- , 2017 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTEST:, , . Collier County Board of County Dwight E. Brock Cler Co sioners 47 Attest as to Chairman's , Deputy Clerk Penny Tay,,'.r, Chai oman si natur only Aprov'd . . , f fo I ...e- • egal sufficiency Supervisor of Elections of Collier County for the 1 �- E# . fr 4 �;`.$1, Jen J. / a p Jeff Kla�-. . , S ervisor of Elections County •q o' • ,osai � ATTES .�; , ' ' . '..S Cit . % ales/ / TJX G mom. t Q„(/Lf r // 0/(# . Pat icia L. Ra Ak• , �it Jerk. ' :.;11 Ba .- , Mayor City of Naples '`""{ Approved as to form and legal sufficiency for the City: Qc4i,k RA Robert D. Pritt City Attorney for the City of Naples 6