Backup Documents 09/10/2019 Item #16J3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 J 3
'� 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on ilik 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 JAK 9/10/19
,
4. BCC Office Board of County v�
Commissioners \\5 Z �.1tk1\C
5. Minutes and Records Clerk of Court's Office "I�'t� Olt 1,4 3061h _
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 missing information.
Name of Primary Staff Melissa Blazier,Supervisor of 252-8683
Contact/Department Elections
Agenda Date Item was 9/10/19 Agenda Item Number 16-J-3 j....------
Approved by the BCC
Type of Document Interlocal Agreement for Election Services Number of Original One
Attached Documents Attached
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 STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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 9/10/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. - is line.
9. Initials of attorney verifying that the attached document is the version approved by t __Ti:-.*_, .. - is not
BCC,all changes directed by the BCC have been made,and the document is ready fe theop ion for
Chairman's signature. v me.. . this ne.
[04-COA-01081/1344830/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
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MEMORANDUM
Date: September 23, 2019
Cc: Melissa Blazier, Chief Deputy
Supervisor of Elections Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement for Election Services w/Everglades
City
Attached is a recorded copy of the agreement as referenced above, (Item #16J3)
approved by the Board of County Commissioners on Tuesday, September 10, 2019.
The original is being held in the Minutes & Records Department as part
of the Board's Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
INSTR 5765195 OR 5673 PG 2023
RECORDED 9/13/2019 10:18 AM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$52.50
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
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By and Among the City of Everglades City, Collier County, and the Collier County
Supervisor of Elections
This Agreement for Election Services (Agreement) is for the November 26, 2019, City
Election,and is by and among the City of 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 2019 City election.
3. To facilitate the City's conduct of its November 26, 2019, election, the Supervisor shall
perform those duties expressly and implicitly contained in this Agreement.
4. There will be no early voting in the November 26, 2019, City Election.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the 2019 City election:
• 2 DS200 optical scanners;
• 2 EViDs, with battery backups;
• 2 ExpressVote ADA units;
• 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 City is responsible for providing the final list of qualified candidates to the Supervisor
immediately after the qualifying period ends.
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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 2019 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 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 2019 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 2019
City Election. The City shall enforce §102.031(4),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 150 feet of the entrance
to any polling place, or polling room where the polling place is also a polling room, or
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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.
(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 150-foot zone surrounding
the polling place.
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
Supervisor 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 the 1st Notice of Election,2'
Notice of Election, Book Closing, and all Canvassing Board meetings,in accordance with general
law, and obtaining the affidavits 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 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 2019 City Election, arising out of or
resulting from any and all acts of omission or commission relating to the 2019 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 2019 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
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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 2019 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 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 2019 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 City is responsible for direct payment of all election workers and mailing their checks.
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 2019 City Election;
• $.l0 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 2019 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
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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 shall be provided to the
County.
34. In the event there is an election protest, contest or sequestration order arising from the 2019
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 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 November 26, 2019, 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand
and seal this 1I74 day of MA1ru.s-r , 2019 by the City Council of the City of
Everglades City, and this tokkeN day of 5 - ,. v— , 2019 by the Collier County
Board of County Commissioners and the Supervisor of Elections of Collier County.
ATT ST�'. ) t2t•
mit J ' Cigr i: •.rd of • ntAkii mi ioners
toril). k.,;
Lf@Sl O Htua!'Auty Clerk -Wil/s m L. McDaniel, Jr., Chairman
'7,114ingliciOnly.
Appre ed a, to 'orilyasei legality Supervisor of Elections of Collier County
for th i C ...
1lam.. áWJA
Jeffrey ` K1 zkow, County Attorney J fifer J. ward Supervisor of Elections
A a EST: ia _ cit2of verglades Ci
ir Of 7 f ' / i / je
IIottie Smallwood, City Clerk F. Howi Grimm, Mayor
Approved as to form and legal sufficiency
for the City:
AllIk. /1111.
C'ty AttornriCi of Everglades City
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