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Agenda 02/12/2019 Item #16J 102/12/2019 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement for Election Services for the April 2, 2019, City of Naples Special 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 April 2, 2019, City of Naples Special Election. The agreement is between the Collier County Board of Commissioners, as the owners of the voting and ballot tabulation equipment, the Collier County Supervisor of Elections, as the 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 April 2, 2019, City of Naples Special 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 has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote 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 Chair to execute the agreement. Prepared by: Jennifer J. Edwards, Supervisor of Elections ATTACHMENT(S) 1. 2019 Election Interlocal Agreement (PDF) 16.J.1 Packet Pg. 1206 02/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.J.1 Doc ID: 7856 Item Summary: Recommendation to approve an Interlocal Agreement for Election Services for the April 2, 2019, City of Naples Special Election. Meeting Date: 02/12/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 01/25/2019 8:20 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 01/25/2019 8:20 AM Approved By: Review: County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/31/2019 8:42 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2019 9:22 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 01/31/2019 10:05 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2019 10:22 AM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 01/31/2019 6:04 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM 16.J.1 Packet Pg. 1207 INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier Coimty, and the Collier County Supervisor of Elections This Agreement for Election Semces (Agreement) is for the April 2, 2019, City of Naples Special 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 Coimty 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 pairties ^ follows: 1. This Agreement is entered into pursuant to the provisions ofthe Florida Interlocal Cooperation Act of1969, set forth in § 163 ^01, et seq., Fla. Stdt., and is fiuther authorized pursuant to the parties' respective home mle 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 whdn 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 iii any way with the City's exercise of its home rule powers pursuant to the conduct of the City of Naples Special Election. 3. To facilitate the City's conduct of its April 2, 2019, special election, the Supervisor shall perform those duties expressly and implicitly contained in this Agreement. 4 . There will be no early voting in the April 2,2019, City of Naples Special Election. 5. Subject to the terms of ^s Agreement, the Supervisor agrees to deploy the following items to conduct the City of Naples Special Election: • 20 DS200 optical scanners; • 20EViDs; • 11 ExpressVpte ADA units; • All precinct signs and required notices; • 7 precinct file caddies and supplies; • 7 tabletop voting booths; • 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. 16.J.1.a Packet Pg. 1208 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election) 7. The Supervisor is responsible fpr.preparing all voting equipment and materidsTor 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 vvith the same, 8. The Supervisor is respopsible for the timely delivery and retrieval of all voting equipment and supplies.The City is responsible for any direct costs associate 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 ^y loss of or damage to voting equipment, supplies or consumables used exclusively to conduct the City of Naples Special Election. 11. The City is responsible for properly safeguarding iany ballots in its custody. 12. Nothing in this Agreement shall require the County or the Supervisor to purchase or acquire aiiy additional voting equipnient, supplies or ponsumables 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 -of obligation for the County or Supervisor to perform, 14. The Supervisor is responsible for. programniing the election, designing the ballot, and producing and delivering a sufficient qi^tity 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 widi the same. 16. The City shall be present for the logic and accuracy test, vvhich is scheduled for die 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 lisedih the City of Naples Special Election. 18. The Supervisor is responsible for selecting and training the election workers, and the development of training materials. The City Clerk or an autiiorized 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 City of Naples Special 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 ihay solicit voters inside the polling place or within 100 feet of the entrance to any polling place, or polling room where Ae polling place is also a polling roomj .or early voting site. Before tiie opening of the polling place or early voting site, the clerk or supervisor shall designate the no-solicitation zone and mark the boundaries. 16.J.1.a Packet Pg. 1209 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election) 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 City of Naples Special 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 City of Naples Special 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 then- 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 City of Naples Special Election • $.10perpagefor8.5"xir'or 8.5"x 14"copies; • $.15 per page for duplexed copies; • $.20 per page for unprinted ballot paper; and • ^y other expenditures requned to conduct the City of Naples Special 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 ad^uate 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 Agreemerit. 16.J.1.a Packet Pg. 1210 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election) (b) For the piirpose ofthis 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 diis 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 pplling. (c) Eaeh supervisor of eleetions shall inform the clerk of the area within whieh soliciting is unlavsdul, based on die particular eharacteristics 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 daw enforcement ofBcers from die polling room or place or from the 100-foot zone surrounding the polling place. (5),Np photography is permitted in the polling ropin or early voting area. The Supervisor shall train all deputies on the above-refereneed 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 arid 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 pfficers, agents, and ernplpyees, from and against any and all actions, in law or in equity; from liability or claims for damages, injuries, losses; and expenses including attorriey's fees, to any person or property which may result now or in the fiiture from City's activities associated with the City of Naples Special Election, arising out of or resulting from any and all acts of omission or commission relating to the City of Naples, Special 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, oragents .to participate in the City of Naples Special Election when not otheiwise autiiorized or eligible, or from events relating expressly to the City of Naples Special Eleetipn. In defending theCounty and the Supervisor from any indeirniified claim, the City shall not settle any such claim without first receiving the consent ofthe 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. 16.J.1.a Packet Pg. 1211 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election) 33. The City shall obtain or mmntain an insurance policy which shall name the Coimty 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 Ae City's responsibility for paying any deductible for any damages to the Coimty's voting equipment used in the election. A copy of the City's Certificate of Insryance identifying the County as an additional insured party shall be provided to the Cotmty. 34. In the event there is an election protest, contest or sequestration order arising from the City of Naples Special 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 imused baltoce on the security been returned. 35. This Agreement shall be valid only for the April 2,2019, City of Election. 36. In the event any part of this Agreement is determined to b|>niiehforceable by..^^urt of competent jurisdiction, said ruling shall hot iwalidate the remaini^g5^s^4fe?i/^;gree^eBfr 37. The City shall prbvide for its qwh Canvassing Board. The Sug^hsor shdl prdvidf^ojatipn at the Supervisor's ballot-coimting location for the Board's use and'ihalfcqopefate Math t^Board in providing information and documentation necessary for the Board'i#incfic®S.'"" 16.J.1.a Packet Pg. 1212 Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election) 16.J.1.aPacket Pg. 1213Attachment: 2019 Election Interlocal Agreement (7856 : SOE Special Election)