Backup Documents 06/22/2021 Item #16J2 cPrintORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 6 J 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
o 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. Risk Management Risk Management
3. County Attorney Office County Attorney Office 3144t<
,a14%
4. BCC Office Board of County **-07 J .�.��
Commissioners //
5. Minutes and Records Clerk of Court's Office q , ,z) frt ;
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 1 Phone �,/�
8333
Contact/ Department U t �/,v`
Agenda Date Item was n Agenda Item Number fi S
Approved by the BCC to
!/�'
Type of Document Number of Original 1
Attached Iiorgloatt, Atcir/u% kT Documents Attached
PO number or account
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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
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 N/A
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
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
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 June 22,2021 and all changes made ;'Is not
during the meeting have been incorporated in the attached document. The County / sption for
Attorney's Office has reviewed the changes, if applicable. line. _
9. Initials of attorney verifying that the attached document is the version approved by the ', is not
BCC, all changes directed by the BCC have been made, and the document is ready for th p
Chairman's signature.
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MEMORANDUM
Date: August 3, 2021
Cc: Melissa Blazier, Chief Deputy
Supervisor of Elections Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w/Everglades City
Attached is a recorded copy of the agreement as referenced above, (Item #16J2)
approved by the Board of County Commissioners on Tuesday, February 13, 2021.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES
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 23, 2021, City of
Everglades City General 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 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 2021 City of Everglades City
General Election.
3. To facilitate the City's conduct of its November 23, 2021, election, the Supervisor shall
perform those duties expressly and implicitly contained in this Agreement.
4. There will be no early voting in the November 23, 2021, City of Everglades City General
Election.
5. Subject to the terms of this Agreement,the County agrees to deploy the following items to
conduct the 2021 City of Everglades City General Election:
• 2 DS200 optical scanners;
• 2 EViDs;
• 2 ExpressVote ADA units;
• All precinct signs and required notices;
• 1 precinct file caddy and supplies;
• 3 voting booths and 1 tabletop voting booth; and
• 1 cell phone for use by the Clerk. INSTR 6102640 OR 5988 PG 1403
RECORDED 7/27/2021 12:11 PM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$52.50
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6. The City is responsible for providing the final list of qualified candidates to the Supervisor
immediately after the qualifying period ends.
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 polling places 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 2021 City of Everglades City General 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 2021 City of
Everglades City General 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 2021
City of Everglades City General Election. The City shall enforce §IO2.031(4)and(5), Fla. Stat.
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(4)(a) No person, political committee, or other group or organization may solicit voters
inside the polling place or within 150 feet of the entrance to any polling place, a polling
room where the polling place is also a polling room,an early voting site,or an office of the
supervisor where vote-by-mail ballots are requested and printed on demand for the
convenience of electors who appear in person to request them. 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" may 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.
(d) Except as provided in paragraph (a), the supervisor may not designate a no-
solicitation zone or otherwise restrict access to any person,political committee, candidate,
or other group or organization for the purposes of soliciting voters. This paragraph applies
to any public or private property used as a polling place or early voting site.
(e) The owner, operator, or lessee of the property on which a polling place or an early
voting site is located, or an agent or employee thereof,may not prohibit the solicitation of
voters outside of the no-solicitation zone during polling hours.
(5) No photography is permitted in the polling room or early voting area, except an
elector may photograph his or her own ballot.
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 the 1st Notice of Election,
2nd Notice of Election, Book Closing, the Logic and Accuracy Test and all Canvassing Board
meetings, and the Sample Ballot, in accordance with general law, and obtaining the affidavits of
publication.
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22. The City shall provide for its own Canvassing Board. The Supervisor shall provide a
location at the Supervisor's office for the Board's use, as needed, and shall cooperate with the
Board in providing information and documentation necessary for the Board's functions.
23. The City shall be responsible for retention and destruction of any election materials in its
custody in conformity with applicable State and Federal laws.
24. 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 2021 City of Everglades
City General Election,arising out of or resulting from any and all acts of omission or commission
relating to the 2021 City of Everglades City General 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 2021 City of Everglades City General Election when not otherwise authorized or eligible,
or from events relating expressly to the 2021 City of Everglades City General 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.
25. 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 2021 City of Everglades City Election whether brought by an
elector, the U.S. Department of Justice, or others.
26. The fee to use the voting equipment is$100 per voting unit and$50 per electronic pollbook
(EViD). The fee shall cover wear and tear on the equipment and any costs needed to service or
repair the equipment used in the 2021 City of Everglades City General 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.
27. In addition, the City agrees to pay the direct costs for election programming, election
worker training, ballot design, paper ballots, and vote-by-mail materials.
28. The City is responsible for direct payment of all election workers and mailing their checks.
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29. The Supervisor will bill the City within ten(10)business days after the election is certified.
30. The City shall pay all election costs within thirty (30) days of receiving the bill from the
Supervisor.
31. 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 2021 City of Everglades City General Election;
• $.10 per page for 8.5" x 11" or 8.5" x 14" copies;
• $.15 per page for duplexed copies; and
• any other expenditures required to conduct the 2021 City of Everglades City General
Election and paid for by the Supervisor.
32. The City is responsible for all direct costs of its election,whether or not said costs are listed
in this Agreement.
33. 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.
34. 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.
35. In the event there is an election protest,contest or sequestration order arising from the 2021
City of Everglades City General 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 the 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.
36. This Agreement shall be valid only for the November 23, 2021, City of Everglades City
General Election.
37. 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.
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IN WITNESS WHEREOF. the parties hereto authorize this Agreement and affix their
hand and seal this 13 day of i,y . 2021 by the City Council of the City of
Everglades City. and this 2 2.- day of Jt,ArJ , 2021 by the Collier County Board
of County Commissioners and the Supervisor of Elections of Collier County.
ATTEST,sr.s,,n,A':�
Crystal,.r.inzef:der*.14 • Collier o Board of Cou Con missioners
ke`�'t r , , Deputy Clerk Penny Taylor, air
S El l tlaman1 S
sicrkintet
Approved as o form and legality for the
Coun : Collier County Supervisor of Elections
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Jeffrey A. Klatzko , County Attorney (Jennifer J. dkd , Supervisor of Elections
ATTESIL: City of Everglades City
ii:112tatctelf6661
Dottie Smallwood. City of Everglades City, Hox ie Grimm, City of Everglades City,
City Clerk Mayor
Approved as to form and legal sufficiency
for the City:
Zach Lomb. d.. Pity cf Everglades City,
City Attorney
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