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9.2. SR 03-21-2016 Request for Action To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work SessionMarch 21, 2016Tina Allard, City Clerk Item Description Reviewed by Cost Share Agreement for Election Hardware, Cal Portner, City Administrator Software, and Related Services Reviewed by Tim Simon, Finance Director Action Requested 1.Council to review draft agreement and inform staff of any changes. 2.Council to discuss funding options. The agreement will come back for final approval at a later date. Background/Discussion In 2015, Council authorized the purchase of our election equipment, including the Optical Scanners located at each precinct and the Central Count Scanner located at Sherburne County. The county solicited proposals and recommended the purchase of equipment from Dominion Voting. The Dominion Voting machine is an all-in-one unit that includes both the ballot scanner and ballot- marking device. We currently use a device called the Automark for precinct ballot marking and assists voters with disabilities, as mandated under the Help America Vote Act. We learned in the proposal process that the Automark will be phased out in the near future. Our current vendor, ES&S, is awaiting certification for a replacement ballot-marking device. The agreement with Sherburne County cities and the county has the county paying 52.4% of the cost with the cities sharing 47.6%. With the initial county projections, $45,000 was budgeted in the 2016 CIP. The actual Elk River cost will be $62,335.04. Financial Impact The county will cover on-going maintenance and upkeep as they have in the past. The draft agreement allows for payment installments over four years, without interest, with the first installment due in June of 2017. Staff recommends we budget repayment over the four years. Attachments  October 6, 2015, Staff Report, including letter from Sherburne County  December 16, 2015, Sherburne County Letter and Board Approval  March 1, 2016, Letter from Sherburne County  Draft Agreement Request for Action To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by Worksession October 6, 2015 Tina Allard, City Clerk Item Description Reviewed by City Feedback for Purchasing Election Equipment Cal Portner, City Administrator Reviewed by Action Requested Council feedback regarding their support for the purchase of election equipment. Background/Discussion Residents and candidates have voiced frustration with timely posting of election results. In 2014, Sherburne County was among the last three counties to post to the Office of the Secretary of State's website. Our current equipment was purchased in the late 1990's and is showing its wear with an increasing number of equipment failures. We have worked with the county to improve the process; however, the transmission of results from polling locations is a barrier. The county would like all cities to purchase new precinct ballot scanners and a central ballot scanner. Ballot scanners are located at each precinct to count the paper ballots and the central ballot scanner is located at the county for the absentee voting process. They offered to pay half the cost of the ballot scanners and request each city pay a portion of the central ballot counter based on the number of registered voters in each precinct. Staff is requesting two extra ballot scanners to act as backups in case of equipment failure. Financial Impact The cost estimate for the city share of purchasing election equipment is estimated at $45,000. The county is offering two payment options: 1. Full payment in 2016, which would be added to the 2016 CIP. 2. Pay a rental cost to the county over a certain period of time. Details to be worked out later. Attachments ■ September 18, 2015, Email and Letter from Sherburne County Auditor ■ November 22, 2014, Star News Article PVaw/�EAE1 0r mW If URE Sherburne County F ilI l] 91 h 1161 JA d :1 =111fl: A -1 M"# fYJJJWA 11111 13880 Business Center Drive NW Elk River, MN 55330-1692 763-765-4351 LJ 1-800-438-0576 L) Fax: 763-765-4400 Web: www.co.sherbume.mn.us September 18, 2015 To: Town Clerk/City Administrator Re: Purchase of new election equipment As you may know, there has been some discussion from our County Commissioners and members of the public about how Sherburne County precincts can increase the speed of reporting election returns, particularly in light of the delays experienced during the 2014 election. In order to address this issue, the County is considering requesting proposals for the purchase of new ballot scanners for all precincts and a new central scanner for absentee ballots. The purpose of this letter is to ask for your feedback on this proposal. The ballot scanners your precinct currently uses are over 10 years old. When those machines were purchased, each precinct purchased their own equipment and the County agreed to reimburse precincts $ 1,000 per machine, or about twenty percent of the total cost. In order to facilitate this project, the County is proposing to pay approximately half ZD the cost of each machine and the ongoing maintenance costs. We have received an estimate from our current vendor of about $6,400 per machine. In order to receive a volume discount, the County is proposing to purchase new machines for all precincts. The County would then store and maintain the machines, unless other arrangements are made at the request of individual precincts. Each precinct Would be assigned a specific machine to use at each election. Under this proposal, cities and townships would pay half the cost of each machine purchased for there, or approximately S3,000 per machine based on the cut -rent estimate. In addition, cities and townships would pay a proportionate share of the central ballot scanner based on the number of voters in their precincts. These arno-unts could be paid as a lump sum or partially over tirne, as a rental cost of the machines. If enough cities and townships are in support of this project, we will come back to each city council and town board asking for a commitment as to the number of machines that will be ordered. We will need this information in order to provide vendors with ail accurate request for proposals on which they can base their bid. Please note that in order to receive the anticipated prices, the County will need to get commitments, request bids, select a venclor and order machines by December of this year. We anticipate that prices will go up in 2016. Therefore, we are asking that you provide the County with at least informal feedback on this proposal by Friday, October 2, 2015, Without a consensus, we will be utilizing the old equipment in 2016 and expected delays will continue especially since it will be a presidential election year and election turnout is higher. I have enclosed an estimated breakdown of each precinct's cost, This is an estimate only based on informal feedback from our current vendor, .and the prices may change depending on the bid results. Nevertheless, I thought it would be helpful to give everyone an idea of potential costs. 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U') kID r, o- a- CL N N rq 0 b"1 LIl ri N CL CL Sherburne County AUDITOR/TREASURER DL4NE ARNOLD 13880 Business Center Drive Elk River, MN 55330-4601 763-241-2861 1-800-438-0576 Fax: 763-241-2869 December 16, 2015 Web: www.co.sherburne.mn.us To: City and Township Clerks and Election Administrators From: Diane-b�( RE: County Board Approval for 2016 Election Equipment Replacement County wide. Greetings everyone, I just want to let you all know of some exciting news, the Sherburne County Commissioners approved on December 15, my recommendation to replace our current election equipment County wide. As you know we went out for bids to replace the M100 ballot tabulator, the results came back and were reviewed thoroughly. Dominion Voting Systems was selected and is a self-contained voting unit with a built in ballot marking capability for ADA voting. I have attached the Request for Board Action that was presented to the County Commissioners on the 15th of December. This outlines the total overall costs associated with each vendor and the recommendation that was made. This will take place for the 2016 Primary and General Elections, the townships will still use the M100's and Auto Marks for the 2016 March Township elections. The Agreement with the Cities and Townships is currently being drafted by our County Attorney's office and will be sent to each entity for approval by your city council or township supervisors. I'm expecting this to be done after the first of the year. To give you an overview of what to expect the estimated cost per machine for each precinct will be approximately $7,283.40 or $1,820.85 per budget year for 4 years. The County's share will be 52.4% of the cost and the Cities and Townships paying 47.6% share of the costs. The County will pay for the ongoing yearly maintenance on the machines. There will also be an option of paying the costs up front if there are funds available. The reason I wanted to let you know the approximate cost is for budgeting in 2016 for the 2017 collection year. More information will be forth coming as we progress through this process. If you have additional questions, please feel free to give me a call. Wishing you and yours Happy Holidays. SHERBURNE COUNTY q, Cc REQUEST FOR BOARD ACTION Requested Board Date: 12/15/15 Originating Department: Flexibility: YES x NO Auditor/Treasurer Agenda Item: Diane Arnold Authorization to Execute a Contract with Dominion Voting System for the Purchase of Estimated Time: Election Equipment for the upcoming 2016 Consent Agenda x 5 Min. 0 1 Min. ❑ 3o Min. Primary and General Election. ❑ 45 Min. ❑ 1 Hour Board Action Requested: ❑ Information/Review x Motion to approve... ❑ Motion to deny... ❑ Other ❑ Budget Change (Please word the motion below as you would like it to appear in the minutes.) Authorize the Auditor/Treasurer Department to enter into a purchase agreement for County wide upgrade of election equipment, to include related election hardware, software, licenses, warranties & all election services needed by the county, cities and townships. Background: (Attach additional pages if needed) In October 2015, Sherburne County issued an RFP for voting equipment, software and services to the 3 vendors certified by the State of MN. All three vendor's met the November 16th date requirement. The three vendor's demonstrated their systems on site. Sherburne County staff recommends the purchase of Dominion Voting System. The evaluation concluded that this system best meets the requirements of Minnesota Election Law as well as the needs of the County, in both the near term and future. This voting system proposal includes the hardware, software and training necessary to efficiently and effectively conduct an election at a high quality level including modeming the results to the County on Election night. (Dakota and Scott County chose the same system and successfully used it in their November 2015 School Elections.) Sherburne County's Attorney's office will be working with us to produce the agreement based on the proposal submitted by Dominion. (Quotes are only good until December 31, 2015). Sherburne County Administrator has reviewed the proposals and supports the purchase of the recommended election equipment. Supporting Documents: S Attached None Department Head Signature/ Administrator's Department Signature/Date: BOARD ACTIONPL&pproved as Requested ❑ Denied ❑ Tabled ❑ Accepted Deport ❑ Other Date of Action: Comments: County Administrator's Signature/Date: H:IADMNDATAIFORMSIRBA. WPD RESOLUTION SHERBURNE COUNTY BOARD OF COMMISSIONERS December 15 2015 Date Purchase of Replacement Election Equipment Number WHEREAS, The County's current voting system ballot counters were deployed in 1998 and 2000 and are in need of replacement and, WHEREAS; The proposed solution of election technology represents an optical scan tabulator and ballot marking device in one package, for use in elections in this county; and WHEREAS, Dominion Voting Democracy Suite Voting System was the vendor of choice for a new solution that enable the County to meet its requirements under Minnesota Election Law; and NOW, THEREFORE, BE IT RESOLVED, That the County purchase election equipment and will share the cost through a sharing agreement of 52.4% cost to the County and 47.6% cost to the cities and townships, excluding on going annual fees; and BE IT FURTHER RESOLVED, That the Sherburne County Board of Commissioner's hereby authorizes the Auditor/Treasurer to enter into a contract for the purchase of Dominion Voting Democracy Suite Voting equipment, software and services in an amount not to exceed $489,640 subject to approval by the County Attorney's Office as to form and execution. The foregoing resolution was moved by Commissioner �Y_�Qn and seconded by Commissioner AY�A 5c)n . - The Resolution was adopted by the following votes: Commissioner Anderson Yay �' Nay Commissioner Petersen Yay / Nay Commissioner Riebel Yay ✓ Nay Commissioner Schmiesing Yay_ Nay Commissioner Leonard Yay V/ Nay I hereby attest that the foregoing is a correct recitation of the action of the Sherburne County Board of Commissioners on the 15+�) date of f)(,c�whp - , 2015. Dated: CT l !� 4 Sherburne County Administrator 2015 — Summary of RFP for Election Equipment Replacement for Sherburne County December 15 — 2015 — Recommendation made to County Board by Auditor/Treasurer Received the following proposals for election equipment base on the RFP that was sent out: Election Systems & Software (ES&S): ES&S's current, certified accessible voting device, the Auto MARK, was not proposed by the company in the RFP. They proposed the Express Poll, whose certifiability in Minnesota is not certain, since it does not create a marked optical scan ballot as required by Minnesota Election Law. The current devices in Sherburne County will be 10 years old in 2016 and already have a high failure rate. Those Counties that have recently purchased ES&S systems in 2012 and 2014 will have to be replacing their assistive voting equipment when ES&S stops supporting the AutoMark. If ES&S did get the Express Poll Certified in the State that additional cost for Sherburne County would be approximately $133,000 additional cost plus maintenance in a couple of years. Hart InterCivic: I am not recommending the Hart InterCivic Verity Voting System for several reasons: • It cannot transmit election results wirelessly as requested in the RFP. • This voting system consists of three large pieces of hardware (ballot counter, assistive device, and assistive device printer) as well as a folding ballot box and assistive device pooling station. • Testing of this equipment would be very time consuming and cumbersome to set up to do a public accuracy testing. • This system requires Hart -sourced hardware for election results transmission via VPN. This would require 32 sending devices (plus Spare) and one receiving device. There are ongoing software licensing and maintenance fees on this equipment. Recommendation: Auditor/Treasurer and staff recommends that Sherburne County Board approve the purchase of *Dominion Voting Democracy Suite Voting System: Election Systems & Software *Dominion Voting Hart InterCivic Purchase $360,463.63 $489,640.00 $633,743.00 Five Year $152,174.88 $164,485.00 $31,459.20 Totals $512,638.51 $654,125.00 $665,202.20 Election Systems & Software (ES&S): ES&S's current, certified accessible voting device, the Auto MARK, was not proposed by the company in the RFP. They proposed the Express Poll, whose certifiability in Minnesota is not certain, since it does not create a marked optical scan ballot as required by Minnesota Election Law. The current devices in Sherburne County will be 10 years old in 2016 and already have a high failure rate. Those Counties that have recently purchased ES&S systems in 2012 and 2014 will have to be replacing their assistive voting equipment when ES&S stops supporting the AutoMark. If ES&S did get the Express Poll Certified in the State that additional cost for Sherburne County would be approximately $133,000 additional cost plus maintenance in a couple of years. Hart InterCivic: I am not recommending the Hart InterCivic Verity Voting System for several reasons: • It cannot transmit election results wirelessly as requested in the RFP. • This voting system consists of three large pieces of hardware (ballot counter, assistive device, and assistive device printer) as well as a folding ballot box and assistive device pooling station. • Testing of this equipment would be very time consuming and cumbersome to set up to do a public accuracy testing. • This system requires Hart -sourced hardware for election results transmission via VPN. This would require 32 sending devices (plus Spare) and one receiving device. There are ongoing software licensing and maintenance fees on this equipment. Recommendation: Auditor/Treasurer and staff recommends that Sherburne County Board approve the purchase of *Dominion Voting Democracy Suite Voting System: Continued. • This is an All -in -One optical scan tabulator and ballot marking device. (See attached pictures). • One machine to purchase, program, test, support, store and maintain. • One machine to train election workers on. • Includes wireless modem to transmit results (carrier service with local provider is separate cost only on election years.) • Automatically produces a complete summary statement that's approved by the Secretary of State. Explanation of Fiscal Impact: The Dominion Democracy Suite Voting System has a one-time cost of $489,640 and a five year estimated cost of $164,485 for ongoing Annual Fees for Licenses and Firmware or approx. $32,897 per year. Current budget for ongoing maintenance fees of $35,000 is currently budgeted for in Department 065 (Elections), so that should not increase with this purchase. I have saved in Department 065 for future election equipment $175,423 to be used towards the County's costs. The County's share will be 52.4% of the cost and the Cities and the Townships will share in 47.6% of the costs. I am proposing that the County will continue to pay the yearly maintenance fees and licenses that is currently in my budget. am also proposing to allow those entities to either pay the costs up front for their share or to pay the County back over the next four years starting with the 2017 budget cycle. I am working with the County Attorney's office to draw up the agreement between the County and entities. County Share $265,571.36 Saving for Election Equip. -$175,423.00 Total Cost $489,640.00 52.4% County Share $256,571.36 *Needed additional Cty$ $81,148.36 47.6% Cities and Townships $233,068.64 $233,068.64 =Amt to be paid back to Cty $314,217.00 =Amt needed to be advanced from Gen. Fund • The County's portion of the $81,148.36 will come from carry over funds at the end of 2015 to cover the cost. • This has been reviewed by the County Administrator and Budget and they are in support of the recommendation. Thank you for your consideration to my request. Diane Arnold — Sherburne County Auditor/Treasurer i -,W% DC]M1N1(?N VOTING 40 The only all -in -ane optical scan tabulator and ballot marking device now offers the ability for simultaneous standard and accessible voting sessions with a new add-on display, INA How ImageCast`` Evolution with Dual Display Benefits You: Service more voters with one device while reducing the total cost of ownership Straightforward, easy, & intuitive set-up and use Save time, money, storage space - only one machine for all your precinct voting needs! Accessible ballot marking interface, no "walk -around" & no ballot segregation All the same great features of the ImageCast' Evolution, PLUS: ■ A secondary display allows for an accessible voting session to occur while the ImageCast* Evolution is scanning paper ballots (as seen in the image below). ■ The additional display is an affordable commercial off-the-shelf component built to industry- leading standards. r;_ L -ARi l i'1r _ i U+ i LOL.i'. ;17 -:FL ,J 5FPVICE VISIT DOMINIONVOTING.COM TODAY QJ#�/fICJIO(ti[ IMAGECAST' VOITING 40 EVOLUTION ONE UNIT, i �ry YOU ASKED & WE DELWERED. Some of our best ideas come from our customers - Dominion is pleased to present the ImageCast' Evolution with a dual display. ONE SYSTEM FOR ALL The ImageCast' Evolution is the only optical scan tabulator using a single ballot paper path which does not require voters to cast their ballot on a separate device. With audio-visual ballot marking capabilities and optical scanning built into one unit, the ImageCast' Evolution with dual display is the only device on the market which enables a truly private and independent voting experience for all voters alike. ENGINEERED SIMPLICITY The ImageCast` Evolution with dual display solution is intuitive and requires minimal training. The lightweight secondary monitor connects to the ImageCast' Evolution utilizing a single cable, making it simple and easy to set up within minutes. The slim and compact design of the second monitor allows for easy storage, Q DESIGNED FOR EFFICIENCY With only one unit for scanning and ballot marking, the time and costs needed to maintain, program, test, transport, train, and store are halved - reducing the total cost of ownership and simplifying your elections. EXPLOR€THETI-• ©C7IuIINIG OOIIRJION � •� � - �:,.. ._ - VOTING DIFFERENCE VISIT ©OMINIQNVOTING.COM +ODA:, Sherburne County AUDITOR/TREASURER DIANE ARNOLD 13880 Business Center Drive Elk River, MN 55330-4601 763-241-2861 1-800-438-0576 Fax: 763-241-2869 Web: www.co.sherburne.mn.us March 1, 2016 To: City of Elk River Clerk, Tina Allard MAR — 3 2016 From: Diane RE: DRAFT Agreement for Election Equipment Cost Share in Sherburne County Enclosed is a DRAFT Agreement that will be presented to the Sherburne County Commissioners once approved by the City of Elk River_ This agreement will be between the County and City for the Election Hardware, software and related services for the new election equipment. Please share this with your City Council for recommendations. I would like for your board to review the document and note to me any changes that they may feel necessary to incorporate into the agreement; these comments will be reviewed by our County Attorney and a final agreement will be sent to you to present to your Board for approval. I would like for any comments in regards to this agreement to be sent back to me by the 18th of March 2016, if this is not possible, please give me a call or e-mail indicating when you would have the comments ready for this agreement. I have also enclosed the "Exhibit A" which will also be with the final document for your information so you can see the cost to the Cities and Townships spread over 4 years. If I do not hear back from the City of Elk River by the 18th of March, I will assume that your board is fine with the current language that is drafted in the enclosed document. A final agreement for signature's is expected to be sent out as soon as all comments are back to me and reviewed by our County Attorney. We keep you posted as to when the new election equipment will be arriving to schedule time that you can come and be part of the machine acceptance process, I am anticipating this to be held at the Sherburne County History Center sometime the first part of May. (More to come on that part later.) On another note, the Secretary of State is holding the state wide election administration training the 27th to the 29th of April which myself and staff will be attending. After we get the new information from the Sec. of State into our election judge training site, the on line training will be available. I expect that to be in June and we will be providing more information later on the election judge training. Enclosure: Draft Cost Share Agreement and Exhibit A for Election equipment COST SHARE AGREEMENT BETWEEN CITY OF ELK RIVER AND COUNTY OF SHERBURNE FOR ELECTION HARDWARE, SOFTWARE AND RELATED SERVICES This Agreement is entered into this day of , 2016 (the "Effective Date"), by and between the City of Elk River ("City"), 13065 Orono Parkway, Elk River, Minnesota 55330, and the County of Sherburne ("County"), 13880 Business Center Drive, Elk River, MN 55330, collectively referred to as the Parties. WHEREAS, pursuant to Minn. Stat. § 471.59, two e governmental units, by agreement through action of their governing bodies, ma ' exercise powers common to the governmental units; and WHEREAS, under Minnesota law the maintain election hardware, software and , use and NOW, THEREFORE, in consideration o'#J&prernJJihpnd covenMWntained herein and subject to the provisions of Mi tat. § 471.5 , agree as follo 1. Purpose. The purpose of this Agement.Jt to.establiskthe obligations of the Parties with respect to the usetenance ari4 cost shay- g`of electi n rdware, software and related service on hard are and o a-covere&by this Agreement are shown on th hed it A. 2. Term. This Aare'Aft shall & effective upon execution by both of the Parties and shall continue-Ift-effectrm}nat as.provi cl�in Section 5. 3. Duties of the Cowtv,.' 3.1 Solicitation and Award ofContract. In conformance with the provisions of i nesota law,*. Count prepared a Request for Proposals (RFP) for an electronic votings lem that meets the requirements of Minn. Stat. § 206.57, to be us by all loc =government units in Sherburne County, including the Parties. The f"irn l decis on on the vendor to whom the contract shall be awarded will be made by thgburne County Board of Commissioners. The contract will be awarded to a vendor whose proposal meets all of the standards for voting systems required by Minnesota law. The contract will include vendor -supplied technical maintenance and regular maintenance and upgrades of the election hardware and software, wherever stored, for at least five years from the date of purchase, including assurances of sufficient parts, supplies and accessories, warranty service, and trade-in allowance for all electronic voting systems owned by the Parties. 3.2 Repairs and Maintenance. The County will arrange for all necessary repairs, maintenance and upgrades to the election hardware and software between election seasons. 3.3 Purchase and Delivery. The County will arrange for the initial purchase and delivery of the election hardware and software. The County will initially pay for the cost of the election hardware and software, subject to the City reimbursing the County for a portion of those costs as provided in Section 4.5 below. 3.4 Licenses. The County will obtain all license her rights necessary for the County and the City to use the election h and software for its intended use. 3.6 Ownership. The County will o ection hard d software purchased pursuant to this Agreement, re ss of where the ele hardware and software may be stored or used. 3.7 Programing. The County will be primarilyfesionsible for prog ng relating to the election hardware and software, including `ballot counters, ballot markers and other systems used to record and report eleNretur�ns and statistics. The costs related to such programming will be sharedies as provided in Section 4.5 below. - "- 4. Duties of the 4.1 Exi-stingE16111WEkdware and So re. The County will use all existing ballot YbuW6n. equi ent and ballot boxes is a trade-in for credit, if possible, in kuci nnection with the purchase of election hardware and software. To the extent the ty has ballo tabula quipment or ballot boxes in its possession, it will turn ch equipmentever to ounty. . 4.2 SPft and Handlii2 . The City will be primarily responsible for storing and handINkthe eleaiop hardware and software between City -held elections. 4.3 Storage an ling during Election Events. The City will arrange for transportation of the election equipment to and from polling places within the City when such equipment is needed for election purposes. The City will provide safe storage and handling of the election hardware and software at all times that such equipment is in the City's possession. The City will promptly report any needed hardware and software maintenance, in writing, to the County. Any election hardware or software problems on election days may be reported to the County orally. 2 4.4 Insurance. The City will include the election hardware and software that is purchased for the City pursuant to this Agreement (as shown on Exhibit A) and that is maintained in the City's possession on its commercial property casualty insurance coverage. 4.5 Payment. The City will pay the County a total of $62,335.04, representing the City's share of the total cost of the election hardware and software packages purchased by the County for the City, as shown on the attached Exhibit A. Payment by the City to the County will be made in four equal annual installments, without interest, of $15,583.76 as shown on Exh 't A, with the first installment due on or before June 30, 2017. The City may prpi7ay installments at any time without penalty. 5. Termination. This Agreement shall remain in effect until the occurrence of one of the following events: 5.1 The contract entered into between the County and the vendor -for election hardware and software pursuant to Section 3.1 above has expscf.or has been terminated. 5.2 The parties mutually agree in writing to terminate this Agreement. 5.3 TerminatiaiW6gequired by operation Qf law or as the result of a decision by a court o urisdiction. 6. General Provision. 6.1 Entire Agreement; Amendments. This Agreement (including the exhibits attached hereto) constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, documents and proposals, oral or written, between the parties with respect thereto. Any amendment or modi*Ation to this Agreement shall not be valid unless such amendment or modification (i) is in'writing and signed by authorized representatives of both parties and (ii) references this Agreement. The terms and conditions of the exhibits are integral parts of this Agreement and are fully incorporated herein by this reference. 6.2 Notices. AAWtices required or permitted to be given under this Agreement shall be delivered personally or sent by certified mail to the other Party as follows: To the County: Diane Arnold Sherburne County Auditor/Treasurer Sherburne County Government Center 13880 Business Center Drive Elk River, MN 55330 3 To the City: Calvin Porter City Administrator 13065 Orono Parkway Elk River, MN 55330 6.3 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Sherburne. 6.4 Audit. The Parties shall maintain complete and,: IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date set forth above. SHERBURNE COUNTY CITY OF ELK RIVER Ewald Petersen John D County Board Chair Mayor Attest: AW I Steve Taylor Calvin Porter County Administrator ty A s 5 EXHIBIT A: Election Equipment Cost Share with Cities & Townships Sherburne County: Server: $17,970.00 Cost Share: $6,926.12 County 50%: $231,245.00 TOTAL: $256,141.12 53.312%0 Mail Ballot Precinct --Central Count: Hardware $25,050.00 Purchase: Dominion $50,900.00 Server $17.970.00 (Replacing M100 & AutoMARK) $93,920.00 Contract Total: $480,460.00 % of Total Share 38.74% Minus server: ($17,970.00) Total to Cost Share: $462,490.00 50% split: $231,245.00 Precinct Cost Share: $6,926.12 46.688% Cityrrownship Units Precinct Total 4 -yr Payback (2017-2020) Baldwin Twp P1 1 $6,926.12 P2 1 $6,926.12 $13,852.23 $3,463.06 Becker City 1 $6,926.12 $6,926.12 $1,731.53 Becker Twp 1 $6,926.12 $6,926.12 $1,731.53 Big Lake City P1 1 $6,926.12 P2 1 $6,926.12 P3 1 $6,926.12 $20,778.35 $5,194.59 Big Lake Twp P1 1 $6,926.12 P2 & P4 1 $6,926.12 P3 1 $6,926.12 $20,778.35 $5,194,59 Blue Hill 1 $6,926.12 $6,926.12 $1,731.53 Clear Lake City 0.5 $3,463.06 $3,463.06 $865.76 Clear Lake Twp 0.5 $3,463.06 $3,463.06 $865.76 Elk River P1A 1 $6,926.12 P1B 1 $6,926.12 P2A 1 $6,926.12 P2B 1 $6,926.12 P3A 1 $6,926.12 P3B 1 $6,926.12 P4A 1 $6,926.12 P4B 1 $6,926.12 Extra 1 $6,926.12 $62,335.04 $15,583.76 Haven 1 $6,926.12 $6,926.12 $1,731.53 Livonia P1 &P3 1 $6,926.12 P2 1 $6,926.12 $13,852.23 $3,463.06 Orrock 1 $6,926.12 $6,926.12 $1,731.53 Palmer 1 $6,926.12 $6,926.12 $1,731.53 Princeton (mail) P2 0.3874 $2,683.18 $2,683.18 $670.79 Santiago 1 $6,926.12 $6,926.12 $1,731.53 St Cloud P5 1 $6,926.12 P6 1 $6,926.12 P7 1 $6,926.12 $20,778.35 $5,194.59 Zimmerman P1 1 $6,926.12 P2 1 $6,926.12 $13,852.23 $3,463.06 TOTAL: 32.3874 $224,318.88 $224,318.88 $56,079.72 Sherburne County: Server: $17,970.00 Cost Share: $6,926.12 County 50%: $231,245.00 TOTAL: $256,141.12 53.312%0 Mail Ballot Precinct --Central Count: Hardware $25,050.00 Software $50,900.00 Server $17.970.00 Total AB & Mail $93,920.00 Cost Share $2,683.43 % of Total Share 38.74% H:\DATA\ELECTIONS\Election Equipment\Dominion Election equip & software\Dominion_Cost_23Feb 2016.xisx 3/1/2016