HomeMy WebLinkAbout6.g. Approval Cost Share Agreement with Dakota County for ePollbooks
EXECUTIVE SUMMARY
City Council Regular Meeting: April 3, 2018
AGENDA ITEM: Approval Cost Share Agreement with
Dakota County for ePollbooks
AGENDA SECTION:
Consent
PREPARED BY: Erin Fasbender, City Clerk AGENDA NO. 6.g.
ATTACHMENTS: Cost Share Agreement APPROVED BY: LJM
RECOMMENDED ACTIONS: Motion to approve a cost share agreement with Dakota
County for ePollbooks.
SUMMARY
In 2017, Dakota County applied for a grant from the Secretary of State to assist cities with the purchase of
electronic pollbooks (ePollbooks) and agreed to split the remaining cost with cities 50/50.
Dakota County will purchase the ePollbooks from KnowInk through a state contract on behalf of all
Dakota County cities as outlined in the cost share agreement. Dakota County will keep ownership of the
ePollbooks and provide insurance. The City will keep possession of the equipment and coordinate ongoing
maintenance with Dakota County.
An ePollbook typically provides one or more of the following functions:
• Allows poll workers to look up voters from the entire county or state. This can reduce time spent
checking in voters, one of the bottlenecks in the voting process.
• Allows poll workers to easily redirect voters in the wrong location to the correct polling place.
• Scans a driver’s license to pull up a voter’s information, avoiding data entry errors.
• Notifies poll workers if a voter already voted absentee or during the early voting period.
• Allows voters to sign in electronically and thus no printing of rosters.
• Produces turnout numbers and lists of who voted.
• Faster, more accurate Election Day registration process.
• Increased efficiency requires fewer election judges, and potentially fewer precincts.
The current 2018 budget includes $15,000 for the ePollbook purchase. As shown in the attached
agreement, current cost projections indicate the City’s share of this project will be $10,745. The grant
funds from the State plus the assistance from Dakota County makes this purchase possible, allowing for
improvements with election administration and voter experience.
RECOMMENDATION
Staff recommends approval of the cost share agreement with Dakota County for the purchase of
ePollbooks.
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COST SHARE AGREEMENT BETWEEN
CITY OF __________ AND COUNTY OF DAKOTA FOR
ELECTION ELECTRONIC POLL BOOKS HARDWARE, SOFTWARE, AND RELATED
SERVICES
This Agreement is entered into by and between the City of _________ (“City”),
[address], and the County of Dakota (“County”) 1590 Highway 55, Hastings, MN 55033. City
and County are referred to individually as the “Party” and are 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 electronic poll books, also referred to in law as “electronic rosters”; and
WHEREAS, the County is the recipient of grant funds by the State of Minnesota for the
purchase of electronic rosters, subject to a grant match of local funds; and
WHEREAS, the Parties are desirous of cooperating for the purchase and
implementation of an electronic poll book system through the State of Minnesota cooperative
purchasing venture by use of the grant funds and funds by the Parties and other cities in
Dakota County who enter into separate Cost Share Agreements with the County.
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:
I. PURPOSE
The purpose of this Agreement is to authorize the County to purchase an electronic poll book
equipment, software, and related services (collectively, “electronic poll book system”) for use
by the Parties and to establish the obligations of the Parties with respect to their
implementation, use, and maintenance.
II. TERM
The term of this Agreement shall commence on the Effective Date, which is the date when all
signatures of the Parties are obtained, and shall remain in full force and effect until the
Expiration Date, which is the date when the Vendor Contract entered into pursuant to
Section III. A. expires, this Agreement is terminated as provided herein or by operation of
law, whichever occurs first.
This agreement may be extended by written mutual agreement of the Parties.
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III. DUTIES OF THE COUNTY
In conformance with the provisions of Minnesota law and, specifically, Minn. Stat. § 16C.03,subd.10, the County will purchase an electronic poll book system through the State
of Minnesota Cooperative Purchasing Venture (“CPV”) in consultation with the City.
The electronic poll book system purchase will include vendor-supplied technical
maintenance and regular maintenance and upgrades of the electronic poll book system, for at
least five years from the date of purchase, including assurances of sufficient parts, supplies
and accessories, warranty services, and trade-in allowance for all electronic poll book
systems owned by the Parties.
A. Award of Contract. The final decision on the vendor to whom the contract shall be
awarded will be made by the Dakota County Board of Commissioners. The contract
will be awarded to a vendor whose proposal meets all of the standards for electronic
poll book systems required by Minnesota law (“Vendor Contract”) and will be
purchased through the CPV.
B. Purchase and Delivery. The County will enter into the Vendor Contract to purchase
sufficient electronic poll book system devices for the City using funds awarded to
the County in the State of Minnesota Voting Equipment Grant Agreement in the
amount of $260,121.98 (“Grant Funds”) and funds provided by the Parties as
provided in Section IV.C (together, “Purchase Price”). The County will be
responsible for the payment to the vendor pursuant to the Vendor Contract.
C. Ownership. The County will own the electronic poll book system purchased
pursuant to this Agreement, regardless of where the electronic poll book system
may be stored or used.
D. Acceptance Testing. The electronic poll book system will be delivered to a County
location for acceptance testing by the Parties.
E. Repairs and Maintenance. The County will arrange for all necessary repairs,
maintenance and upgrades to the electronic poll book system between elections.
When upgrades or other services are to be performed by the County or vendor on
any part of the electronic poll book system, the City must transport the devices to a
central location if requested by the County.
F. Licenses. The County will obtain all licenses and other rights necessary for the City
to use the election hardware and software for its intended use.
G. Insurance. The County will include the electronic poll book system on its
commercial property casualty insurance coverage.
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IV. DUTIES OF THE CITY
A. Testing. The City must provide enough staff to test the electronic poll book system
for its intended use.
B. Storage, Handling and Service. The City must provide safe storage and handling of
the electronic poll book system when such equipment is in the City's possession.
City must transport the devices to and from polling locations. The City must report
any needed hardware and software maintenance, in writing, to the County. Any
electronic poll book system problems on election days may be reported to the
County orally.
C. Payment. The County shall be responsible for the payment of one-half of the
Purchase Price. The other one-half of the Purchase Price shall be paid by all cities
participating in the purchase. Each city’s share of that one-half of the Purchase Price
shall be determined by first calculating that city’s percentage of the total Purchase
Price, then subtracting the same percentage of the grant funds from the city’s total
cost (“City Share”). Attached hereto as Appendix A are Cost Projections and
corresponding City Shares. The County will notify the City of its City Share upon
entry into the Vendor Contract.
Payment by the City to the County will be made in three equal annual installments,
without interest, beginning the first day of the month immediately following
delivery of the electronic poll book system packages to the City (years two and three
shall be on the first day of the month that the first installment was made). The City
may prepay installments at any time without penalty.
The City will pay to the County its pro rata share of the annual maintenance costs
for the electronic poll book system. The City’s pro rata share shall be based on the
total number of electronic poll book system packages purchased under the Vendor
Contract divided by the number of packages purchased for the City’s use. The City
will pay the County within 45 calendar days of receipt of an invoice from the
County.
D. Additional Election Hardware and Software. The County will purchase additional
election hardware and software to meet the City's needs in connection with the
addition of voting precincts to the City. The cost of such election hardware and
software will be split equally between the City and the County. The City will pay
the County in a lump sum within 45 days of receipt of an invoice from the County.
V. INDEMNIFICATION
A. City. The City will defend and indemnify the County, its elected officials,
employees, and agents and hold them harmless from all claims and damages arising
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out of the use, transport, storage, handling, or maintenance of the electronic poll
book system, which are attributable to the intentional, willful, or negligent acts or
omissions of the City, its elected officials, employees, or agents.
B. County. The County will defend and indemnify the City, its elected officials,
employees, and agents and hold them harmless from all claims and damages arising
out of the solicitation and award of the Vendor Contract and arising out of the
transport, handling, or storage of the electronic poll books attributable to the
intentional, willful, or negligent acts or omissions of the County, its elected officials,
employees, or agents. The County does not warrant nor does it indemnify the City
for performance of or failure to perform by the Contract Vendor for the electronic
poll book system. Nevertheless, the County will pursue any and all rights it may
have with respect to warranties, when requested by the City or when necessary, to
assure conformance with the intended use of the electronic poll book system.
C. Municipal Tort Claims Act. It is understood and agreed that the provisions of the
Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern
liability arising from the Parties’ acts or omissions. Each Party warrants that it is
able to comply with the aforementioned indemnity requirements through an
insurance or self-insurance program and that each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466. For purposes of
determining total liability for tort damages which may arise from this Agreement,
the Parties are to be considered a single governmental unit.
VI. STATE AUDIT
Under Minn. Stat. § 16C.05, subd. 5, each Party’s books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years
from the Expiration Date of this Agreement.
VII. GOVERNMENT DATA PRACTICES
For purposes of this Agreement, all data created, collected, received, stored, used,
maintained, or disseminated by the Parties in the performance of this Agreement is subject to
the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and its
implementing rules, as well as any other applicable State or Federal laws on data privacy or
security.
Each Party shall provide the other Party with prompt notice of a breach of the security of
data defined in Minn. Stat. § 13.055, subd. 1(a) or suspected breach of the security of data and
shall assist in remedying such breach. Providing or accepting assistance does not constitute a
waiver of any claim or cause of action for breach of contract.
The Parties shall promptly notify each other when any third-party requests data related to
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this Agreement, the electronic poll book system or the Vendor Contract. The Party who
originated the data subject to the request will give the Party receiving the request
instructions concerning the release of the data to the data requester before the data is
released.
VIII. VENUE
Venue for all legal proceedings out of this Agreement, or its breach, must be in the
appropriate court of competent jurisdiction in Dakota County, Minnesota.
IX. TERMINATION
The County will notify the City if its City Share as stated in Appendix A is increased due to
one or more cities’ failure to execute a Cost Sharing Agreement, a change in the amount of
Grant Funds or a change in the Purchase Price. The City will then have five (5) days from the
date of the notification by the County to terminate this Agreement by written notice to the
County. Otherwise, the parties must mutually agree to terminate this Agreement in writing
and memorialized by the undersigned or their successors.
X. MISCELLANEOUS PROVISIONS
A. Severability. The provisions of this Agreement are severable. If any provision of this
Agreement is void, invalid, or unenforceable, it will not affect the validity and
enforceability of the remainder of this Agreement, unless the void, invalid, or
unenforceable provision substantially impairs the value of the entire Agreement
with respect to either Party.
B. Assignment. No Party may assign or transfer any rights or obligations under this
Agreement without the prior consent of the other Party and an assignment
agreement, approved and executed by all Parties to this Agreement, or their
successors in office.
C. Amendments. Any amendment to this Agreement must be in writing and is not
effective until approved and executed by all Parties to this Agreement, or their
successors in office.
D. Waiver. If any Party fails to enforce any provision of this Agreement, such failure
does not waive the provision or its right to enforce it.
E. Contract Complete. This Agreement contains all negotiations and agreements
between the Parties. No other understanding regarding this Agreement, whether
written or oral, is binding on any Party.
F. Compliance with Laws. The Parties shall abide by all Federal, State and local laws,
statutes, ordinances, rules and regulations now in effect or hereinafter adopted
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pertaining to this Agreement.
XI. GENERAL CONDITIONS GOVERNING OPERATION OF THE SYSTEM
A. City shall distribute electronic pollbooks to precincts in the quantities advised by the
County in each election held in the City through 2020.
B. Devices requiring maintenance must be identified by the City to the County for
reporting to the Contract Vendor within 14 days after an election using the procedure
agreed to with the County.
C. City must conduct testing on all devices prior to deployment.
D. City must follow the County timeline for electronic poll book roster loading and
completed file upload after an election.
E. City must only use the polling place procedures approved by or from the County or the
Minnesota Secretary of State.
F. Electronic poll books are to be utilized for election purposes only, and no other
function. Electronic poll books are not to be used to scan ID cards of registered voters.
G. Voter data of any kind may not be transmitted wirelessly through any
device/network/etc. other than the equipment provided for the electronic poll books.
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IN WITNESS WHEREOF, the City and the County have caused this Agreement to be
executed on their behalf.
COUNTY OF DAKOTA: CITY OF ________________:
By: ______________________________ By: _____________________________
Mayor
Name: ___________________________ Date:
__________________________
Title:_____________________________ By: _____________________________
City Clerk
Date: ____________________________ Date: ____________________________
Approved as to form:
_________________________________
Assistant County Attorney/Date
File No. KS-17-386
KS-17-386 Cost share for epollbooks.docx
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Appendix A
COST PROJECTIONS*
City
Total cost for
City before
grant applied
City’s
percentage of
total purchase
City’s
percentage of
grant funds
Cost after grant
applied City Share County
Share
Apple Valley $ 81,049.60 12% $ 32,306.57 $ 48,743.03 $ 24,371.51 $ 24,371.51
Burnsville $ 100,384.50 15% $ 40,013.51 $ 60,370.99 $ 30,185.49 $ 30,185.49
Eagan $ 104,929.60 16% $ 41,825.20 $ 63,104.40 $ 31,552.20 $ 31,552.20
Farmington $ 36,199.56 6% $ 14,429.24 $ 21,770.32 $ 10,885.16 $ 10,885.16
Hastings $ 41,209.60 6% $ 16,426.25 $ 24,783.35 $ 12,391.67 $ 12,391.67
Inver Grove Heights $ 58,099.60 9% $ 23,158.65 $ 34,940.95 $ 17,470.48 $ 17,470.48
Lakeville $ 94,444.50 14% $ 37,645.82 $ 56,798.68 $ 28,399.34 $ 28,399.34
Mendota Heights $ 22,804.60 3% $ 9,089.97 $ 13,714.63 $ 6,857.31 $ 6,857.31
Northfield $ 7,834.58 1% $ 3,122.88 $ 4,711.70 $ 2,355.85 $ 2,355.85
Rosemount $ 35,734.59 5% $ 14,243.90 $ 21,490.69 $ 10,745.35 $ 10,745.35
South St Paul $ 36,664.60 6% $ 14,614.60 $ 22,050.00 $ 11,025.00 $ 11,025.00
West St Paul $ 33,229.56 5% $ 13,245.39 $ 19,984.17 $ 9,992.09 $ 9,992.09
*The information in this Appendix A is informational only and based on all cities identified in
the chart executing a Cost Sharing Agreement, the County’s receipt of grant funds in the
amount of $260,121.98 and a total Purchase Price of $643,405.00. If one or more of these
factors changes, the City Share will likely increase.