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HomeMy WebLinkAbout6.e. Approval Cost Share Agreement with Dakota County for ePollbooks EXECUTIVE SUMMARY City Council Regular Meeting: April 18, 2023 AGENDA ITEM: Approval Cost Share Agreement with Dakota County for ePollbooks AGENDA SECTION: Consent PREPARED BY: Erin Fasbender, City Clerk AGENDA NO. 6.e. ATTACHMENTS: Cost Share Agreement APPROVED BY: LJM RECOMMENDED ACTIONS: Motion to approve a cost share agreement with Dakota County for ePollbooks. SUMMARY In 2018, City Council approved a cost share agreement with Dakota County for Electronic Poll Book Equipment (ePollbooks). Dakota County purchased the ePollbooks from KnowInk through a state contract on behalf of all Dakota County cities as outlined in a cost share agreement. Dakota County keeps ownership of the ePollbooks and provides insurance, however the City keeps possession of the equipment and coordinates ongoing maintenance with Dakota County. Due to the lifespan of these devices, new ePollbooks will be delivered to Dakota County cities in June and utilized for Election use this year. Dakota County is splitting the cost of this purchase; 50% of the replacement costs will be borne by the County, 15% school district and 35% by cities and townships. The agreement is structured to begin billing in 2024 to allow time to budget appropriately. Staff has requested to structure payments to occur over a three-year period to spread out the costs. As shown in the attached agreement, current cost projections indicate the City’s share of this project will be $7,545.05. An ePollbook has tremendously assisted the voter process from reducing time spent for voters being checked in on election date, allowing poll workers to easily redirect voters in the wrong polling place, scan driver’s license to view voter’s information, more accurate Election Day registration process and overall increased efficiencies 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. COST SHARE AGREEMENT BETWEEN __________________ AND COUNTY OF DAKOTA FOR ELECTION ELECTRONIC POLL BOOKS HARDWARE, SOFTWARE, AND RELATED SERVICES This Agreement is entered into by and between _______________________________ (“Municipality”), and the County of Dakota (“County”), 1590 Highway 55, Hastings, MN 55033. Municipality 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 Minn. Stat. § 201.225 the parties are empowered to purchase, use, and maintain electronic poll books, also referred to in law as “electronic rosters”; and WHEREAS, the County along with large cities in Dakota County shared cost for the purchase and implementation of a poll book system by agreement in 2018; and WHEREAS, the County contracted with KnowInk, LLC for the purchase of the electronic poll book system through the State of Minnesota’s Cooperative Purchasing Venture with the contract providing for future orders for products or services by purchase order (“Vendor Contract”); and WHEREAS, the Parties are desirous of cooperating to purchase a replacement for the electronic poll book system through the State of Minnesota cooperative purchasing venture by use of funds by the Parties and other cities, townships and school districts in Dakota County who enter into separate Cost Share Agreements with the County (collectively, the “Governmental Units”). 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 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 the 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 DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E Rosemount Rosemount 2 Expiration Date, which is the date when the Vendor Contract entered into pursuant to Section III. A. terminates, 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. 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 replacement components for electronic poll book system under the Vendor Contract obtained through the State of Minnesota Cooperative Purchasing Venture (“CPV”) in consultation with the Governmental Units. The Vendor Contract includes vendor-supplied technical maintenance and regular maintenance and upgrades of the electronic poll book system. A. Contract. The final authorization of the purchase order under the Vendor Contract to purchase the replacement components will be made by the Dakota County Board of Commissioners. B. Purchase and Delivery. The County will purchase sufficient electronic poll book system devices for the Municipality using funds provided by the Governmental Units 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. County Share of Cost. The County shall be responsible for the payment of one-half of the Purchase Price. D. Invoice. The County will provide to the Municipality a copy of the Vendor Contract, purchase order and an invoice for the Municipality Share of the Purchase Price as defined in Section IV.C. In addition, the County will share with the Municipality its calculations used to determine the Municipality Share and the Municipality’s pro rata share of the annual maintenance costs, all as defined in Section IV.C and illustrated in Appendix A, attached hereto. E. 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. F. Acceptance Testing. The electronic poll book system will be delivered to a County location for acceptance testing by the Parties. DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 3 G. Secretary of State Notification and Certification. The County will complete the 90-day intent to use electronic rosters and 30-day certification of security and technical requirement and submit the records to the Minnesota Secretary of State. H. 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 Municipality must transport the devices to a central location if requested by the County. I. Licenses. The County will obtain all licenses and other rights necessary for the Municipality to use the election hardware and software for its intended use. J. Insurance. The County will include the electronic poll book system on its commercial property casualty insurance coverage. K. Training. The County will support training initiatives and provide a training database, training videos and handouts and other instruction. L. Pre-Election. The County will setup to the electronic poll books for the election, deploy the files to the assigned polling places and coordinating electronic poll books using Meraki device. M. Election Day. The County will provide technical support to Clerks, support staff, and election judge N. After Polls Close. The County will generate, import and process voter history and election day voter registration application files into SVRS and resolve and file issues with the city clerk. IV. DUTIES OF THE MUNICIPALITY A. Testing. The Municipality must provide enough staff to test the electronic poll book system for its intended use. B. Storage, Handling and Service. The Municipality must provide safe storage and handling of the electronic poll book system when such equipment is in the Municipality's possession. Municipality must transport the devices to and from polling locations. The Municipality 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 one-half of the Purchase Price shall be paid by all Governmental Units participating in the purchase. Each Governmental Unit’s share of that one-half of the DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 4 Purchase Price shall be determined in accordance with the Cost Projections and corresponding Governmental Unit Shares attached hereto as Appendix A. The County will notify the Municipality of its Governmental Unit Share upon entry into the Vendor Contract. Payment by the Municipality to the County will be made in three equal annual installments, without interest, on or before January 31st of each year beginning in 2024 and ending in 2026. The Municipality may prepay installments at any time without penalty. The Municipality will pay to the County its Cost Share of the annual maintenance costs for the electronic poll book system as identified in Appendix A. The Municipality 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 Municipality's needs in connection with the addition of voting precincts to the Municipality. The cost of such election hardware and software will be split equally between the Municipality and the County. The Municipality will pay the County in a lump sum within 45 days of receipt of an invoice from the County. E. Operation of the System. Municipality shall operate in compliance with Section IX - General Conditions Governing Operation of the System. V. INDEMNIFICATION A. Municipality. The Municipality will defend and indemnify the County, its elected officials, employees, and agents and hold them harmless from all claims and damages arising 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 Municipality, its elected officials, employees, or agents. B. County. The County will defend and indemnify the Municipality, 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 Municipality 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 Municipality or when necessary, to assure conformance with the intended use of the electronic poll book system. DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 5 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 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 Municipality if its Governmental Unit Share as stated in Appendix A is increased due to one or more Governmental Units’ failure to execute a Cost Sharing DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 6 Agreement, or a change in the Purchase Price. The Municipality will then have ten (10) business’ days from the date of the notification by the County to terminate this Agreement by written notice to the County. If the Minnesota Legislature adopts a law permitting small cities and townships to utilize mail balloting, such Governmental Units may provide written notice terminating this Agreement upon completing all other statutory requirements to implement mail balloting and the County will cover any unpaid portion of that Governmental Unit’s Cost Share. Otherwise, the parties must mutually agree to terminate this Agreement in writing 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 pertaining to this Agreement. G. Electronic Signatures. Each Party agrees that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as wet ink signatures. DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 7 XI. GENERAL CONDITIONS GOVERNING OPERATION OF THE SYSTEM A. Municipality shall distribute electronic poll books to precincts in the quantities advised by the County in each election held in the Municipality through the term of this Agreement. B. Municipality shall complete iOS and/or application upgrades as deemed necessary by the vendor. C. Devices requiring maintenance must be identified by the Municipality to the County for reporting to the Contract Vendor within 14 days after an election using the procedure agreed to with the County. D. Municipality will conduct testing on all devices prior to deployment. E. Municipality must access ePulse web-based software and proof assignments of precincts and polling places. F. Municipality must follow the County timeline for electronic poll book roster loading, preform final balancing to precinct summary statements after polls close and complete file upload after an election. G. Municipality must only use the polling place and election procedures approved by or from the County or the Minnesota Secretary of State. H. Electronic poll books are to be utilized for election purposes only, and no other function. I. 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. [Remainder of Page Intentionally Left Blank] DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 8 IN WITNESS WHEREOF, the Municipality and the County have caused this Agreement to be executed on their behalf. COUNTY OF DAKOTA ___________________________________ By: ______________________________ By: ________________________________ Its:_______________________________ Name: Thomas V. Novak___________ Date: ______________________________ Title: Director, Public Services & Revenue By: ________________________________ Its:_______________________________ Date: ____________________________ Date: ______________________________ Approved as to form by: /s/Thomas R. Donely on March 21, 2023. DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E Rosemount 9 DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 10 Appendix A COST PROJECTIONS* *The information in this Appendix A is informational only and based on all Governmental Units identified in the chart executing a Cost Sharing Agreement and a total Purchase Price of $364,005.00. If one or more of these factors changes, the City Share will likely increase. DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E 11 DocuSign Envelope ID: 0091CFE5-AE64-4B94-9A42-A647DBA7604E Certificate Of Completion Envelope Id: 0091CFE5AE644B949A42A647DBA7604E Status: Sent Subject: Complete with DocuSign: Rosemount Cost Share for epollbook purchase KS23-112- 2023 Source Envelope: Document Pages: 11 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Michelle Blue AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1590 Highway 55 Hastings, MN 55033 michelle.blue@co.dakota.mn.us IP Address: 73.88.57.226 Record Tracking Status: Original 3/31/2023 1:44:01 PM Holder: Michelle Blue michelle.blue@co.dakota.mn.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign Signer Events Signature Timestamp Michelle Blue Michelle.Blue@co.dakota.mn.us Elections Director Dakota County Security Level: Email, Account Authentication (None) Completed Using IP Address: 73.88.57.226 Sent: 3/31/2023 1:50:47 PM Viewed: 3/31/2023 1:51:19 PM Signed: 3/31/2023 1:51:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Erin Fasbender erin.fasbender@ci.rosemount.mn.us Security Level: Email, Account Authentication (None) Sent: 3/31/2023 1:51:27 PM Viewed: 4/12/2023 3:28:43 PM Electronic Record and Signature Disclosure: Accepted: 4/12/2023 3:28:43 PM ID: 2ad41f4e-1333-4925-96b7-d130f488263e Erin Fasbender erin.fasbender@ci.rosemount.mn.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/12/2023 3:28:43 PM ID: 2ad41f4e-1333-4925-96b7-d130f488263e Tom Novak Tom.Novak@co.dakota.mn.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/12/2023 9:26:39 AM ID: 181f8dfb-230c-4705-88b5-bd20ee064620 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Erin Fasbender erin.fasbender@ci.rosemount.mn.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/12/2023 3:28:43 PM ID: 2ad41f4e-1333-4925-96b7-d130f488263e Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Doug.Gross@CO.DAKOTA.MN.US Doug.Gross@CO.DAKOTA.MN.US Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gladys.Kelly@CO.DAKOTA.MN.US Gladys.Kelly@CO.DAKOTA.MN.US Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/31/2023 1:50:47 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Dakota County (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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