4.6. SR 04-04-2016 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent Aril 4, 2016 Tina Allard, City Clerk
Item Description Reviewed by
Cost Share Agreement Between City of Elk River Cal Portner, City Administrator
and County of Sherburne for Election Hardware, Reviewed by
Software and Related Services
Action Requested
Approve,by motion, Cost Share Agreement with Sherburne County.
Background/Discussion
Council reviewed the draft agreement at worksession on March 21, 2016, and had no changes. Agreement
is attached and has been reviewed by the city attorney.
Financial Impact
Council discussed funding for this election equipment purchase. Discussion on funding will come back at
budget time. Staff recommends payment over four years with the first installment due June of 2017. The
county will cover ongoing maintenance costs. Actual cost for Elk River will be $62,335.04.
Attachments
■ Agreement
POWERED 6T
Template Updoted 4/14 INAWRE1
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 Elle River ("City"), 13065 Orono Parkway, Elle River,
Minnesota 55330, and the County of Sherburne ("County"), 13880 Business Center Drive, Elle
River, MN 55330, collectively referred to as the Parties.
WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by
agreement through action of their governing bodies, may jointly exercise powers common to the
governmental units; and
WHEREAS, under Minnesota law the Parties are empowered to purchase, use and
maintain election hardware, software and related services.
NOW, THEREFORE, in consideration of the premises and covenants contained herein
and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish the obligations of the Parties with
respect to the use, maintenance and cost sharing of election hardware, software and
related services. The election hardware and software covered by this Agreement are
shown on the attached Exhibit A and are referred to herein as the "Election Equipment".
2. Term. This Agreement shall be effective upon execution by both of the Parties and shall
continue in effect until terminated as provided in Section 5.
3. Duties of the County.
3.1 Solicitation and Award of Contract. In conformance with the provisions of
Minnesota law, the County has prepared a Request for Proposals (RFP) for an
electronic voting system that meets the requirements of Minn. Stat. § 206.57, to
be used by all local government units in Sherburne County, including the Parties.
The final decision on the vendor to whom the contract shall be awarded will be
made by the Sherburne 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 Equipment,
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 and pay for all necessary
repairs, maintenance and upgrades to the Election Equipment between election
seasons.
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3.3 Purchase and Delivery. The County will arrange for the initial purchase and
delivery of the Election Equipment. The County will initially pay for the cost of
the Election Equipment, 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 licenses and other rights necessary for the
County and the City to use the Election Equipment for its intended use.
3.6 Ownership. The County will own the Election Equipment purchased pursuant to
this Agreement, regardless of where the Election Equipment may be stored or
used.
3.7 Programing. The County will be primarily responsible for programing relating to
the Election Equipment, including ballot counters,ballot markers and other
systems used to record and report election returns and statistics. The costs related
to such programming will be shared by the Parties as provided in Section 4.5
below.
4. Duties of the City.
4.1 Existing Election Hardware and Software. The County will use all existing ballot
tabulation equipment and ballot boxes as a trade-in for credit, if possible, in
connection with the purchase of election hardware and software. To the extent the
City has ballot tabulation equipment or ballot boxes in its possession, it will turn
such equipment over to the County.
4.2 Storage and Handling. The City will be primarily responsible for storing and
handling the Election Equipment between City-held elections.
4.3 Storage and Handling during Election Events. The City will arrange and pay 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 Equipment 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.
4.4 Insurance. The City will include the Election Equipment 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.
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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 Exhibit A, with the first installment
due on or before June 30, 2017. The City may prepay installments at any time
without penalty.
4.6 Special Elections.
4.6.1 Conducted by City. Notwithstanding the County's general obligation to
arrange and pay for maintenance and repairs related to the Election
Equipment as provided in section 3.2 above, in the event the Election
Equipment is damaged in any way during a special election (as defined in
Minn. Stat. § 200.02, subd. 4) conducted by the City, the City shall
promptly arrange and pay for all necessary repairs to the Election
Equipment related to such damage.
4.6.2 Conducted by School District. The City shall make the Election
Equipment available to Elk River School District—ISD 4728 (the "School
District") as may be needed from time-to-time for the purposes of
conducting a School District special election (as defined in Minn. Stat. §
200.02, subd. 4), subject to an agreement to be entered into between the
School District and the County and/or City under which the School
District shall be responsible for the costs of transporting the Election
Equipment to polling places and shall be responsible for any damage to
the Election Equipment during any School District special election.
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 expired or has been
terminated.
5.2 The parties mutually agree in writing to terminate this Agreement.
5.3 Termination is required by operation of law or as the result of a decision by a
court of competent jurisdiction.
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
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thereto. Any amendment or modification 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. Any notices 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
Elle River, MN 55330
To the City: Calvin Porter
City Administrator
13065 Orono Parkway
Elle 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 accurate records with respect to
costs incurred and services performed under this Agreement for a period of at least six (6)
years after the termination of this Agreement. Pursuant to Minn. Stat. § 16C.05, Subd. 5,
each party shall allow the other Party, the State Auditor, or their authorized
representatives access to the books, records, documents, and accounting procedures and
practices relevant to the subject matter of the Agreement, for purposes of audit.
6.5 Data Practices. All data created, collected, received, stored, used, maintained, or
disseminated for any purpose in connection with this Agreement is governed by the
Minnesota Data Practices Act, as well as other State and Federal rules and regulations
relating to data privacy.
6.6 Assignment and Delegation. Neither party shall assign its rights or delegate its
duties under this Agreement without receiving the prior written consent of the other
party.
6.7 Liability. Each Party will be solely responsible for its own acts and omissions
and the results thereof, to the extent authorized by law. Minnesota Statutes Chapter 466
and other applicable laws govern the Parties' liability.
6.8 Severability. In the event that any portion of this Agreement shall be held to be
invalid, such invalidity shall not affect the validity of the remainder of this Agreement.
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6.9 Execution. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and to constitute one and the same instrument.
Electronic copies of this Agreement, including without limitation, those transmitted by
facsimile or scanned to an image file, shall be considered originals.
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
By: By:
Ewald Petersen John Dietz
County Board Chair Mayor
Attest: Attest::
Steve Taylor Tina Allard
County Administrator City Clerk
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EXHIBIT A:
Election Equipment Cost Share with Cities&Townships
Purchase: Dominion
(Replacing M100&AutoMARK)
Contract Total: $480,460.00 Sherburne County:
Minus server: ($17,970.00) Server: $17,970.00
Total to Cost Share: $462,490,00 Cost Share: $6,926.12
50%split: $231,245.010 County 50%: $231,245.00
Precinct Cost Share:1 $6,926.12 46.688% TOTAL: $256,141-12
City/Township Units Precinct Total 4-yr Payback 53.312%
(2017-2020)
Baldwin Twp Pi 1 $6,926.12
P2 1 $6,926.12 $13,852.23 $3,463.06 Mail Ballot Precinct--Central Count:
Becker City 1 $6,926.12 $6,926.12 $1„731.53 Hardware $25,050,00
Becker Twp 1 $6,926.12 $6,926.12 $1,731.53 Software $50,900.00
Big Lake City Pi 1 $6,926.12 Server $17,970.00
P2 1 $6,926,12 Total AB&Mail $93,920.00
P3 1 $6,926-12 $20,778.35 $5,194.59 Cost Share $2,683.43
Big Lake Twp Pi 1 $6,926.12 %of Total Share 38.74%
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 PlA 1 $6,926.12
P16 1 $6,926.12
P2A 1 $6,926.12
P2B 1 $6,926,12
P3A 1 $6,926.12
P3B 1 $6,926,12
NA 1 $6,926,12
P4B 1 $6,926.12
Extra 1 $6,926.12 $62,335,04 $15,58176
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
H:\DATA\ELFCT10N5\E1ection[quipment\Dominion Uection equip&software\Dominion_Cost_23Feb2O16 2/29/2016