HomeMy WebLinkAboutResolutions - 2010.05.05 - 10234MISCELLANEOUS RESOLUTION # 10093 May 5, 2010
BY: General Government Committee, Christine Long, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS — ELECTIONS DIVISION — FY2010 ELECTRONIC
POLL BOOK (EPB) EQUIPMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Clerk/Register of Deeds — Elections Division applied to the Michigan Department of State.
Bureau of Elections, for an equipment grant to facilitate the training associated with the Skate's Electronic
Poll Book Program; and
WHEREAS the grant funding period for this grant is October 1, 2009 through September 30, 2010; and
WHEREAS the Michigan Department of State has awarded Oakland County with an equipment grant;
and
WHEREAS the grant will supply the Elections Division with one (1) Laptop Computer. one (1) Laptop
Case, one (1) Encrypted 1 gigabyte USB Flash Drive, one (1) mouse and one (1) Magnetic Stripe Card
Reader: and
WHEREAS no County grant matching funds are required to accept this grant nor to acquire the
equipment; and
WHEREAS due to the late receipt of the application/agreement from the State (April 1, 2010) and the
short tirneframe given for signature and submission (April 9, 2010) prior to start of the Agreement (April
12, 2010), it was necessary to expedite the acceptance process; and
WHEREAS the Agreement has completed the County Executive's Contract Review Process and was sent
to the Board of Commissioners' Chair for signature according to the Board of Commissioners Grant
Procedures; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and
WHEREAS the continuation of this program is contingent upon future levels of grant funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
Fiscal Year 2010 Electronic Poll Book (EPB) Equipment Grant from the Michigan Department of State
and that the Board Chairperson, on behalf of the County of Oakland. is authorized to execute said
agreement as attached.
Chairperson. on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Gershenson absent.
CLnitliv,t. a ,c4Its_.
GRANT REVIEW SIGN OFF — Elections Division
GRANT NAME: 2010 Electronic Poll Book (EPB) Laptop and Accessories Purchase
FUNDING AGENCY: State of Michigan, Department of State
DEPARTMENT CONTACT PERSON: Joe Rozell 80563
STATUS: Grant Acceptance
DATE: April 9, 2010
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below arc the renamed comments.
The captioned grant mate-rink and rant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee
Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed
on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Midget
Approved. - Laurie Van. Pelt (41612010)
Department of Human Resources:
Approved. - Cathy Shabal. (4/9/2010)
Risk Management and Safety:
Approved By Risk Management - Julie Secontine (4/6/2010)
Corporation Colima
There are no outstanding legal issues concerning the above grant agreement. - Joellen Shortley
Blaszczak (4/8/2010)
Page 1 of 2
Helen Hanger
From: Phil-, Gala [piirg@oakgov.ocm]
Sent: Tuesday, Aprii 06, 2010 12:41
To: VanPelt, Laurie -; Patricia'; 'Secontine, Julie'; Shallal, Cathy
Cc: 'Rozell, Joe': 'Faiardeau, Nancy'
Subject: Grant Review: Elections - 2010 Electronic Poll Book (EPB) Laptop and Accessories Purchase - Grant
Agreement
Importance: High
Please Note: The grant agreement was received on 4/2f2010 and the State is requesting it back by 4/9/2010.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Clerk/Register of Deeds/Elections
2010 Electronic Poll Book (EPB) Laptop and Accessories Purchase
State of Michigan. Department of State
Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your
APPROVAL, APPROVAL WITII MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to
all) of this email.
Time Frame for Returned Comments: April 9. 2010
GRANT INFORMATION
Date: 4/6/2010
Operating Department: [Clerk/Register of Deeds/Elections]
Department Contact: [Joe Rozell]
Contact Phone; [80563]
Document Identification Number: [N/A]
REVIEW STATUS: Choose one of the following: Acceptance — Resolution Required
Funding Period: [10/1/2009] through [9/30/2010]
New Facility / Additional Office Space Needs: [N/A]
IT Resources (New Computer Hardware / Software Needs or Purchases): [N/A]
MWDBE Requirements: [No]
Funding Continuation/New: [New]
Application Total Project Amount: [N/Al
Prior Year Total Funding: [0.00]
New Grant Funded Positions Request: [NIA]
Changes to Current Positions: [N/A]
Grantor Funds: Equipment: Laptop and accessories
Total Budget: [N/A]
Match and Source: EN/Al
PROJECT SYNOPSIS
The purpose of this grant is to provide EPB laptop/accessories to Michigan Counties with local jurisdictions participating EPB
program. The equipment will facilitate the county performing its statutory responsibilities of training local clerks and election
4/6/2010
Page 2 of 2
inspectors. The EPB will be used in prec;•ncts throughout the county to automate and document certain voter verification and
ballot tracking functions as performed by the various boards of election inspectors at the polls and to automate the updating of the
Qualified Voter File (QVF) voter history following an election.
The laptop does not require county network connectivity and is a stand alone system.
Gaia V. Piir
Grants Compliance and Programs Coordinator
Oakland County Fiscal Services Division
Phone (248) 858-1037
Fax (248)858-9724
piirg@oakgov.com
4/6/2010
4/2/2010
STATE OF MICHIGAN
MICHIGAN DEPARTMENT OF STATE
AND
GRANT AGREEMENT
QUALIFIED VOTER FILE'S ELECTRONIC
POLL BOOK (EPB)
LAPTOP & ACCESSORIES PURCHASE
This Grant Agreement is between the Michigan Department of State ("Department") and
("Grantee"). This document shall constitute the Grantee's agreement for the receipt of goods
purchased with federal funds provided to the Department under the provisions of Title II, Section 251, of
the Help America Vote Act (riAVA), CFDA 90,401. The Department refers to tnis program as the
Qualified Voter File's Electronic Poll Book (EPB) Project,
The purpose of this grant is to provide EPB laptop/accessories to all voting precincts in participating
jurisdictions throughout the state of Michigan to be used during elections to automate and document
certain voter verification and ballot tracking functions as performed by the various boards of election
inspectors at the polls and to automate the updating of the Qualified Voter File (QVF) voter history
following an election. The purpose of the grant is also to permit county clerks to train precinct workers
on the use of the EP B as provided under Michigan Election Law.
1. Grant Period:
Original Grant Agreements must be signed and returned. No photocopies. faxed copies, or altered
Grant Agreements will be accepted. En laptop/accessories will be ordered after Grant Agreements
have been received from all participating jurisdictions. Agreements should be returned to:
Gina Feguer
Michigan Department of State
Budget Services Division, Grant Section
430 West Allegan, 4th Floor
Lansing, MI 48918
2. Program:
This program provides an EPB laptop with accessory package to each voting precinct to be used for
each election. This package consists of one laptop, one encrypted 1 gigabyte ( GB) USB flash drive,
one mouse, and one magnetic stripe card reader. The primary use of the laptop/accessories must be
related to EP B activities. Other uses are acceptable if they directly relate to the administration of
elections. By participating in this program, the Grantee agrees that the laptop/accessories' primary use
will be related to EPB.
3. Acquisition:
The Department will review and, once approved, provide the Grantee with a copy of the fully executed
Grant Agreement signed by a signatory from and the Department. The Department will
initiate laptop/accessories orders directly with ne con rector and will provide the Grantee with an
Acceptance Certificate/Payment Authorization Form, which must be submitted by the Grantee to the
Department within ten days of the receipt of the laptop/accessories. This form certifies that the
laptop/accessories package has been received, tested, and is in working order. It will also serve as
authorization for the Department to pay the contractor.
4. Ownership;
The Grantee will own the taptopiaccessories purchased with funds awarded under this Grant
Agreement. A control system must be developed to ensure adequate safeguards to prevent loss,
damage or theft of the laptop/accessories. Any loss, damage or theft shall be investigated and reported
to the Department. Adequate maintenance procedures must also be developed to keep the
laptop/accessories in good condition. if the Grantee, for any reason, stops utilizing the
laptop/accessories for the purpose intended, it must notify the Department. Disposal of the
laptop/accessories is at the Departments discretion and requires notification by the Grantee.
5. Records Maintenance and Retention:
The Grantee must retain all books, accounts, reports, files, and any other records relating to this
program for a period of not less than 6 years from the date of Vie Department's final expenditure report
to the federal government, or until any litigation or audit findings have been resolved. These materials.
along with all laptop/accessories must be produced for inspection, review and/or audit when required by
the Department. The laptop must have an affixed label (provided by the Department) indicating that it
was purchased with HAVA funds. For Federal audit and inventory purposes, the Grantee will also
provide information to the Department pertaining to any maintenance that requires replacement of any
laptop/a ccessories.
6, Secure Cornautinq:
Grantees are required to provide Antivirus protection for all laptops under this program. (The Bureau of
Elections maintains a list of acceptable anti-virus packages that will be provided upon request). The
anti-virus software and virus definitions must be enabled and kept up to date Users are required to
scan their laptops and external flash drives for viruses regularly. If the laptop is to be used with the
EPB on Election Day, it must be scanned for viruses within one week of each Election Day. On
Election Day, the laptop cannot be connected in any way to the Internet or to any network. Grantees
and their authorized assistants agree not to leave the EPS software signed-on while unattended.
Grantees agree to abide by all security requests made by the Bureau of Elections and to allow the
Bureau of Elections access to all laptop/accessories upon which the EPB is installed to perform random
audits and/or inventories.
7. Software Requirements:
The EPB software may only be activated for official Election Day use or to perform pre-election testing
and training. Versions of the EPS created for testing and training purposes must be deleted and data
wiped" prior to use at an actual election. The EPB must be installed and operated in a manner
designated by the Bureau of Elections. The folder and associated files may not be copied. moved, or
replicated to any drive or folder other than those designated by the Bureau of Elections. All Election
Day data stored on Memory Sticks and all EPB folders and files stereo on computers usea at the polls
on Election Day must be deleted by the 7th Calendar day following the final canvass and certification of
the election unless a petition for recount has been filed and the recount has not been completed or the
deletion of the data has been stayed by an order of the court or the Secretary of State.
All files extracted from the QVF to support the installation of the EPB and all restore and extract files
derived from the EPB, with the exception of the "voter history* file, must be retained in a single
encrypted flash drive for each precinct. Storage media with all files must be delivered to a designated
local receiving board by two election inspectors representing different political party affiliations
immediate following the close of the polls.
To access voter data within the EPB, a "strong" encryption key must be set. ("Strong" is defined as an
encryption key that contains at least eight upper and lower case alpha and numeric characters.) The
encryption key should be known only to the Grantee and authorized assistants. Grantees and their
authorized assistants having access to the encryption key agree that the encryption key will not be
shared or displayed.
The Grantee understands that all users, including each election inspector granted access to the EPS,
must be assigned a unique UserlD and password. Passwords must be "strong". UserlDs and
passwords should be memorized or stored in a secure location, Grantees and their authorized
assistants agree that unique UserlDs and passwords will not be shared or displayed.
Grantees agree that at no time will they allow the EPB software to be distributed, decompiled, reverse
engineered, or be used for any purpose other than the software's intended election management
functionality.
8. User Participation:
The Grantee also understands that:
1. The EPB software contains personal voter information that must be protected;
2. All State data security requirements and procedures must be followed as identified in
(Attachment 1).
9. Traininp:
The Bureau of Elections will provide training and consultation on the installation and use of the EPB
software, EPS administrators and authorized assistants will be required to participate in an initial state-
provided training session prior to the download and use of the EPB software. EPB administrators and
authorized assistants will be responsible for the training of their election inspectors. The training
session will consist of EPS operation manual, election inspector instructions, and required security
practice orientation. The QVF Help Desk will offer advice and instruction on the installation and use of
the EP S software. The QVF Help Desk does not support laptop/accessories issues. Hardware issues
need to be addressed as stipulated in the warranty agreement.
10. Mandatory Conditions:
Laws
This is a State of Michigan Grant Agreement and is governed by the laws of the State of
Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of
Michigan.
Validity
This Grant Agreement is valid upon approval by the State Administrative Board and approval and
execution by the Department.
Funding
This Grant Agreement is subject to and contingent upon the availability and appropriation of
federal funds and any necessary State appropriation
Cancellation
The Department may cancel this Grant Agreement upon failure to comply with the terms of the
grant
Entire Agreement
This Grant Agreement shall represent the entire agreement between the Department and Grantee
regarding HAVA funding for EPB laptop/accessories, and superseaes any prior oral o - written
agreements, and all other representations between the parties relating to this subject.
Adherence to Terms
The failure of a party to insist upon strict adherence to any term (s) of this Grant Agreement shall
not be considered a waiver or deprive the party of the right thereafter to insist upon strict
adherence to that term, or any other term of the Grant Agreement.
11. Administration of Agreement: •
The Grant Administrator on behalf of the Department for this grant application and the final Grant
Agreement will be David Tarrant, Elections Specialist; Program Development Division. Bureau of
Elections. All questions, comments and correspondence regarding this Grant Agreement must be
submitted in writing via e-mail to ElectionsPDD@Michigan. eov.
12. Certification/Signature:
The following signatory certifies that s/he is authorized to sign and bind WeLtlf,P0.1,rt to this Grant
Agreement. Further, the person signing has reviewed and agrees to the conditions as outlined in this
grant, and has personally examined and is familiar with the information submitted herein, as well as the
requirements of the Help America Vote Act under which this grant has been submitted.
The Grantee further understands that the FPB software is the property of the Bureau of Elections: the
Bureau of Elections reserves the right to discontinue support and/or suspend access to the EPB
software at any time and that improper use of the software and/or laptop/accessories will result in the
immediate termination of this agreement.
13. Laptop Computers and Accessories Awarded
An EPB Laptop and Accessories Package consists of the following items:
1. One Laptop Corn puter
2, One Laptop Case for Laptop
3. One Encrypted 1 gigabyte (GB) USB Flash Drive, for Each Laptop
4. One Mouse for Each Laptop
5. One Magnetic Stripe Card Reader for Each Laptop
Number of EPB Laptop and Accessory Packages awarded to the coun
For the
Name (print)
Title (print)
Signature Dare
For the State of Michigan, Department of State'
Cindy Paradine
Acting Budget Services Division Director
Date
This Section for internal Office Purposes Only
Bureau of Elections
Authorized by: Date:
IN=
Date:
Resolution #10093 May 5, 2010
Moved by Middleton supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
Discussion followed.
Dan Stencil, Executive Officer of Parks and Recreation, addressed the Board.
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLnON
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 5,
2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 5th day of May, 2010.
Ruth Johnson, County Clerk