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Agenda 10/22/2013 Item #16J3 10/22/2013 16.J.3. EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement for Election Services for the February 4, 2014, City of Naples election. OBJECTIVE: To obtain approval of an Interlocal Agreement for Election Services with the Collier County Supervisor of Elections and the City of Naples for election services for the February 4, 2014, City of Naples 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 Naples, 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 February 4, 2014, City of Naples 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 Naples 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 IMPACT: 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 Packet Page-2017- 10/22/2013 16.J.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.J.16.J.3. Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for the February 4, 2014, City of Naples election. Meeting Date: 10/22/2013 Prepared By Name:BrockMaryJo Title: Executive Secretary to County Manager, CMO 10/10/2013 9:14:27 AM Submitted by Title: Executive Secretary to County Manager,CMO Name: BrockMaryJo 10/10/2013 9:14:28 AM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst.Office of Management&B Date: 10/10/2013 9:36:33 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 10/10/2013 9:58:30 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 1:35:59 PM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 10/10/2013 2:02:14 PM Packet Page-2018- 10/22/2013 16.J.3. 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 4, 2014, 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. WITNES SETH 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 2014 City Election. 3. To facilitate the City's conduct of its February 4, 2014, election, the Supervisor shall perform those duties expressly and implicitly contained in this Agreement. 4. There will be no early voting in the February 4, 2014, City Election. 5. Subject to the terms of this Agreement, the County agrees to deploy the following items to conduct the 2014 City Election: • 20 DS200 optical scanners (2 per polling place plus 6 backups) • 20 EViDs with battery backups (2 per polling place plus 6 backups) p ) • 11 iVotronic ADA units with booths (1 per polling place plus 4 backups) • 7 full sets of precinct signs with flags • 7 precinct file caddies and all necessary supplies • 84 voting booths (12 per polling place) • 7 cell phones for Clerks 6. The City is responsible for providing the final list of qualified candidates to the Supervisor immediately after the qualifying period ends. Packet Page-2019- E. 10/22/2013 16.J.3. 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 2014 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, absentee materials, affidavits, affirmations and training materials used in the 2014 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 2014 City Election. The City shall enforce §102.031(4) and (5), Fla. Stat. The Supervisor shall train all deputies on the above-referenced rule. 20. The Supervisor is responsible for all absentee ballot processing, including signature verification. The City is responsible for any direct costs associated with the same. Packet Page-2020- dD 10/22/2013 16.J.3. 21. The Supervisor is responsible for preparing and publishing bilingual notices for book closing, and all canvassing board meetings, in accordance with general law, and obtaining 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, such as the sample ballot. 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 2014 City Election, arising out of or resulting from any and all acts of omission or commission relating to the 2014 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 2014 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. 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 2014 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 2014 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. The City agrees to pay a $5,400 deposit to the Supervisor no later than 45 days prior to the 2014 City Election. This deposit covers the DS200 fee ($2,000), the EViD fee ($1,000), poll worker training ($550), the use of the tabulation equipment ($1,000), and ballot design($850). 27. The City is responsible for direct payment of all election workers and mailing their checks. Packet Page -2021- bJ 10/22/2013 16.J.3. 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 of publishing the required notices; • the actual cost in staff time, using base salary only, for work solely performed in support of the 2014 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 2014 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. 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 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 2014 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 4, 2014, 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. Packet Page -2022- v� 10/22/2013 16.J.3. IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and seal this /AAA day of &lib , 2013 by the City Council of Naples, and this day of , 2013 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, Clerk Commissioners , Deputy Clerk Georgia A. Hiller, Chairperson Approved as to form and legal sufficiency Supervisor of Elections of Collier County for the County: - ,; Sc R. Teach Je ."er J. Edward:/Sure, isor of Elections Deputy County Attorney ATTEST: City of Naples Patricia L. Rambosk, City Clerk ohn F. Sorey III, Ma or City of Naples Approved as to form and legal sufficiency for the City: Robert D. Pritt City Attorney for the City of Naples Packet Page -2023- e