Agenda 09/24/2013 Item #16J1n
9/24/2013 16.J.1.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Election Services for the
November 26, 2013, Everglades City election.
OBJECTIVE: To obtain approval of an Interlocal Agreement for Election Services with
the Collier County Supervisor of Elections and Everglades City for election services for
the November 26, 2013, Everglades City municipal 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 26, 2013, 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: This item is approved as to form and legality, and
requires majority vote for Board approval. —SRT
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
Attachments: Interlocal Agreement for Election Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1611611.
Item Summary: Recommendation to approve an Interlocal Agreement for Election
Services for the November 26, 2013, Everglades City election.
Meeting Date: 9/24/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
9/5/2013 10:40:34 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
9/5/2013 10:40:35 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 9/5/2013 10:51:17 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/5/2013 10:51:24 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 9/6/2013 4:12:49 PM
Name: DurhamTim
Date: 9/12/2013 8:32:34 AM
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among Everglades City, Collier County and the Collier County Supervisor of
Elections
This Agreement for Election Services (Agreement) is for the November 26, 2013, City Council
Election, and is by and among 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.
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 interfered in any way with the City's exercise of its
home rule powers pursuant to the conduct of the City election.
3. To facilitate the City's conduct of its November 26, 2013, election, the Supervisor shall perform
those duties expressly and implicitly contained in this Agreement.
4. The City is responsible for obtaining preclearance from the U.S. Department of Justice, if
necessary, and shall provide to the Supervisor and the Florida Attorney General copies of any letters
and documents pertaining to the same. Said copies shall be provided to the Supervisor within two (2)
business days of receipt from or transmittal to the U.S. Department of Justice.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the City's election:
• 2 DS 200 optical scanners;
• 2 EViDs, with battery backups;
• 2 iVotronic ADA units with booths;
0 1 laptop computer (if needed);
• all precinct signs and required notices;
• 1 precinct file caddy and supplies;
• 3 voting booths; and
• 2 cell phones for use by the Clerk.
6. 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.
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7. 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.
8. The City is responsible for any direct costs needed to use or prepare a polling place for the
election.
9. The City is fully responsible for any loss of or damage to voting equipment, supplies or
consumables in its custody.
10. The City is responsible for properly safeguarding any ballots in its custody.
11. 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.
12. 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.
13. 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.
14. The Supervisor is responsible for tabulating the results. The City is responsible for any direct costs
associated with the same.
15. 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.
16. The Supervisor is solely responsible for the content and format of all ballots, absentee materials,
affidavits, affirmations and training materials used in the City's election.
17. The Supervisor shall be responsible for training the election workers, and the development of
training materials. The City Clerk or a representative will attend at least one (1) training session.
18. The City shall be liable for all actions taken by the City's election workers during the course of its
election day. The City shall enforce § 102.031(4) and (5), Fla. Stat. (2011), 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 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.
(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.
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(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.
19. The Supervisor will design and provide all absentee ballot materials for the election. The City is
responsible for timely processing all absentee requests, addressing absentee envelopes, and providing
postage. The Supervisor will verify signatures that are faxed or e- mailed to the Supervisor's office.
20. The Supervisor shall prepare and have published bilingually the notices for book closing, the logic
and accuracy test, and all canvassing board meetings, in accordance with general law, and obtain the
affidavits of publication. The City shall be billed for said notices and is responsible for payment of the
same. The City is responsible for preparing and publishing any notices not listed above.
21. The City shall be responsible for retention and destruction of any election materials in its custody
in conformity with applicable State and Federal laws.
22. 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 pay for the Supervisor's
^ selection of defense counsel and indemnify and hold harmless the County, 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 this City election,
arising out of or resulting from any and all acts of omission or commission relating to the City's
election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the
City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the
County, 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 City election when not
otherwise authorized or eligible, or from events relating expressly to City election activity.
23. 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 City's election whether brought by an elector, the U.S. Department of
Justice, or others.
24. The fee to use the voting equipment is $100 per voting unit ($100 x 4 units = $400) 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 City's 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. In addition, the City agrees to pay the direct costs for election programming, election
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worker training, ballot design, paper ballots, audio ballots, and absentee materials. The Supervisor will
bill the City within ten (10) business days after the election is certified.
25. The City shall pay all election costs within thirty (30) days of receiving the bill from the
Supervisor.
26. The rates to be used by the Supervisor are as follows:
• the actual cost of publishing the required notices;
• the actual cost in staff time using base salary for work solely in support of the City's 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 City's election and paid for by the Supervisor.
27. The City shall be responsible for all direct costs of its election, whether or not said costs are listed
in this Agreement.
28. 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.
29. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for
its election.
30. The County and the Supervisor have no liability for costs or expenses or other liability incurred by
the City in preparation for this election should the U.S. Department 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 not relieved of any related financial obligation
owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses
whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the
City notifies the Supervisor in writing of the Department of Justice objection.
31. 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 identifying the County as an additional insured shall be provided to the County.
32. In the event there is an election protest, contest or sequestration order arising from the City's
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 returned to the City when the
legal matter has been resolved and the equipment has been returned.
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33. The City shall arrange for candidates, candidate supporters, and members of the press to
congregate and await election results in some publicly accessible meeting area such as City Hall or
other comparable location.
34. This Agreement shall be valid only for the City's election held November 26, 2013.
35. 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.
IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and
seal this day of AUMA L 2013 by the City Council of the City of Everglades,
and this day of 2013 by the Collier County Board of County
Commissioners and the Supervisor of Elections of Collier County.
ATTEST:
Dwight E. Brock, Clerk
Deputy Clerk
Approved as to form and legal sufficiency
for the County:
S�-V f
Scd"ff R. Teach
Deputy County Attorney
ATTEST:
Collier County Board of County
Commissioners
Georgia A. Hiller, Esq., Chairwoman
Supervisor of Elections of Collier County
Jena fer J. Ed `s ards, Su ervisor of Elections
City of Everglades City
Dottie Smallwood, City Clerk Sanirny Hamil on, Mayor
City of Everglade')
Apre, s to form end legal sufficiency
for
y:
Attorney
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