HomeMy WebLinkAboutResolutions - 2017.04.26 - 22862Commissioner Christine Long, Distric
Chairperson, General Government
7
mittee
MISCELLANEOUS RESOLUTION #17082 April 26, 2017
BY: Commissioner, Christine Long, Chairperson, General Government Committee
IN RE: CLERK/REGISTER OF DEEDS — ELECTIONS DIVISION — 2017 HELP AMERICA VOTE ACT
(HAVA) GRANT ACCEPTANCE AND EQUIPMENT PURCHASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of State has awarded the Clerk/Register of Deeds — Elections
Division a Voting Equipment Hardware, Firmware and Software grant for the period of March 1, 2017
through April 30, 2018; and
WHEREAS the current voting system has reached its end of useful life and requires replacement with new
equipment and software necessary to ensure efficient and accurate conduct of elections; and
WHEREAS the approximate value of the voting equipment hardware, firmware and software received is
$228,920, there is no county match required and the state will be paying the vendor directly; and
WHEREAS the Oakland County Clerk's Election Division also needs equipment for its own use to facilitate
the implementation of the new voting system, the purchase of which is not included in the grant; and
WHEREAS funding of $150,000 is available in the Technology Replacement/Hardware Assigned Fund
Balance; and
WHEREAS there are no new position requests or changes to current positions associated with this grant;
and
WHEREAS the grant agreement has completed the grant review process in accordance with the Board of
Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
acceptance of the equipment grant, approximate value of $228,920 from the Michigan Department of State,
with no county match, for the period of March 1, 2017 through April 30, 2018.
BE IT FURTHER RESOLVED there are no new position requests or changes to current positions
associated with this grant.
BE IT FURTHER RESOLVED that the Board of Commissioners approves the grant acceptance and
equipment purchase.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute
the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the
original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with KowaII and Kochenderfer absent.
GRANT REVIEW SIGN OFF — Clerk/Register of Deeds -
Elections Division
GRANT NAME: 2017 Help America Vote Act (HAVA) Grant— Voting System Hardware,
Firmware and Software
FUNDING AGENCY: State of Michigan
DEPARTMENT CONTACT PERSON: Joe Rozell, 452-2276
STATUS: Grant Acceptance
DATE: April 4, 2017
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant 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 Budget:
Approved. — Laurie Van Pelt (414/2017)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (4/3/2017)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (4/4/2017)
Corporation Counsel:
There are no outstanding legal issues concerning this grant agreement. — Joellen Shortley (4/4/2017)
State Of Michigan
Michigan Department of State
And
Oakland County
Help America Vote Act (HAVA) Grant Agreement
Voting System Hardware, Firmware and Software
RE: Master Contract
071B7700128 - Hart Intercivic, Inc.
This Grant Agreement is the mechanism by which Counties, Cities, and Townships apply to the
State of Michigan to receive Federal HA VA and State-appropriated funded voting systems,
including optical scan tabulators, accessible voting devices and Election Management System
(EMS) software, pursuant to the Federal Help America Vote Act (HA VA) of 2002.
Definitions:
"Contractor" means the voting system vendor selected by the county.
"County" means any county within the State of Michigan.
"Departmenr means the Michigan Department of State.
"Grantee" means the county or local jurisdiction entering into this Grant Agreement.
"Local Jurisdiction" means any city or township within the State of Michigan.
"Voting Systems" means optical scan tabulators, accessible voting devices (for use by voters with
disabilities), and EMS software (as applicable) acquired by the counties and local jurisdictions
statewide and funded by State-appropriated and Federal HAVA funds.
1. Period of Agreement
The Grant Agreement process applies to voting system purchases occurring between March 1,
2017 and April 30, 2018.
2. Program, Budget and Agreement
This Grant Agreement is to establish a grant program to use State-appropriated and Federal
HAVA funds to acquire and implement replacement voting systems throughout the state, Each
county, with the involvement of the local jurisdictions within the county, will select one Contractor
for the entire county and will develop a countywide implementation plan to replace its voting
systems.
Page 1 of 7
Voting System Grant Agreement
Oakland County
Once the county certifies its Contractor selection to the Department, the county will provide the
Department with its implementation plan for individual local jurisdictions participating in each
planned purchasing phase. The Department will verify the number of voting systems authorized
for purchase using State-appropriated and Federal HAVA funds. If changes are required after the
Grant Agreement is signed and approved, instructions for amending the Grant Agreement will be
provided and the Grantee will be required to enter into a new Grant Agreement.
This grant program only covers the acquisition and implementation of the voting system selected
by each county, and the individual voting system components which will be funded utilizing
available State-appropriated and Federal HAVA funds. Approved quantities of each voting system
component have been determined by the Department and are listed in Section 15 of this Grant
Agreement.
The Michigan Department of Technology, Management and Budget has entered into a Master
Contract with each approved Contractor, which has established maximum statewide prices for
each voting system component. The Department has established the available level of grant
funding for each component of each Contractor's voting system. State-appropriated and Federal
HAVA funding provided via this Grant Agreement covers the purchase of the voting system, the
software license fee for the EMS software for the full 10-year contract term, and the initial service
and maintenance period for all components (which covers the acquisition year, plus 4 additional
years). The Master Contract includes an extended service and maintenance period beyond the
initial service and maintenance period, for an additional five-year period. Costs for the extended
service and maintenance period and other additional costs, if any, are the sole responsibility of
each individual county / local jurisdiction.
All Contractors will be required to enter into a "purchase agreement" with each local jurisdiction
and county in those counties that have selected that Contractor. Typically, this document is the
purchase agreement provided by the Contractor. The terms and conditions of the local purchase
agreements shall not contradict the Master Contract. The terms of the Master Contract will
supercede any conflicting terms in the local purchase agreements.
Each Contractor will enter into a software license agreement with each county and any local
jurisdictions that receive EMS. The license agreement shall not contradict any terms contained in
the Master Contract. The terms of the Master Contract supercede any conflicting terms in the
license agreement.
The Department will initiate voting system orders at the county level, once all Grant Agreements
for the county are submitted and approved for the designated purchasing phase. Once voting
systems have been delivered, tested, and accepted by each Grantee in the county for the
designated purchasing phase, the Department will release the State/HAVA funds to the
Contractor.
3. General
The individual submitting the Grant Agreement must have the proper authority to do so, and must
certify in Section 16 of this Grant Agreement that this authority has been granted. Examples of
authority include, but are not limited to, a resolution from the Board of County Commissioners,
City Council or Township Board authorizing the individual submitting the Grant Agreement to
execute the Grant Agreement on behalf of the county, city, or township.
Page 2 of 7
Voting System Grant Agreement
Oakland County
4. Performance
Each Grantee will certify and sign the Grant Agreement and forward it to the Department per the
instructions provided. The Department will review and, once approved, will provide the Grantee
with a copy of this fully-executed Grant Agreement, which will serve as Notice of the Grant
Award, The Department will initiate equipment orders directly with the Contractor, and will
provide the Grantee with the Acceptance Certificate & Payment Authorization Form, which must
be submitted by the Grantee to the Department within 10 business days of voting system
delivery. This form indicates acceptance of equipment and payment authorization.
The Grantee is responsible for overseeing its contractual agreement with the Contractor and is
responsible for ensuring Contractor performance. Any subsequent malfunction or performance
issue with the voting system must be addressed by the Grantee directly with the Contractor. The
Grantee is responsible for maintaining any and all Contractor performance records. The Grantee
has the sole responsibility to verify Contractor compliance with delivery dates, terms and
conditions of delivery, and equipment verification and testing in accordance with the statewide
Master Contract for the Grantee's selected Contractor. The Grantee will be solely responsible for
additional costs incurred that are not covered by service, maintenance and warranty provisions in
the Master Contract.
Grant funding is not provided for the purchase of additional ("backup") voting systems. The
Grantee will be responsible for developing and implementing a backup strategy to ensure
continued operation on Election Day, in the event of voting system failure in any individual
precinct.
5. Testing, Acceptance and Payment
1. Successful acceptance testing of the voting system shall be completed within 10 business
days from the date of delivery.
2. Upon completion of all acceptance testing, the Grantee must complete the State-issued
Acceptance Certificate & Payment Authorization Form and forward the completed form to
the Department.
3. This form will indicate the date of delivery, successful completion of acceptance testing,
and will provide authorization to the Department to release funds to the Contractor.
4. Payment to the Contractor shall be made in accordance with the Master Contract with the
Grantee's selected Contractor.
6. Ownership of Equipment and Software Purchases: Title
Any voting system purchased pursuant to this Grant Agreement is the property of the Grantee.
7. Optional Purchases
If the Grantee desires to purchase additional items beyond those authorized in this Grant
Agreement, it may do so at its sole expense, outside of this Grant Agreement. No State or NAVA
funds will be available for such purchases. Prices established via the Master Contract are
extended to counties and local jurisdictions by the Contractors for these purposes.
8. Records Maintenance/Retention
The Grantee will maintain a complete set of records and files related to the ordering, delivery,
testing, maintenance, and repairs of voting systems. The Grantee shall assure all the terms of
this Grant Agreement are adhered to and that records and detailed documentation regarding this
grant shall be maintained for a period of not less than six (6) years from the date of Contract
termination, the date of submission of the final expenditure report or until any litigation and audit
findings have been resolved, whichever is later.
Page 3 of 7
Voting System Grant Agreement
Oakland County
9. Manaqement Requirements
Grantee must maintain property records that include a description of the property; a serial number
or other identification number; acquisition date; cost of the property; location, use and condition of
the property; and any ultimate disposition data including the date of disposal and sale price of the
property (if any), Grantee must also maintain records showing 93% Federal participation in the
cost of the property.
Grantee must perform a physical inventory of the property and reconcile the results with the
property records at least once every two years.
Grantee must develop a control system to ensure adequate safeguards to prevent loss, damage,
or theft of the property. Any loss, damage, or theft shall be investigated by the Grantee and
reported to the Department.
Grantee must develop adequate maintenance procedures to keep the property in good condition.
Grantee agrees to maintain extended service and maintenance coverage for the voting system in
years 6-10 of the Master Contract, after the expiration of the initial service and maintenance
period. If the Grantee fails to maintain extended service and maintenance coverage for the full
Contract period, the Department may require Grantee to pay the Department the full amount of
voting system grant funds paid to the vendor for the Grantee's county, city or township.
10. Disposition.
When the voting system acquired under this grant is no longer needed, the Department must be
notified. Disposition of the equipment will be made as follows:
• Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of with no further obligation to the Department.
• Disposition of EMS software must follow the terms of the Contractor's Software License
Agreement.
11. Authorized Access
The Grantee will permit, upon reasonable notification and at reasonable times, access to all
records regarding this Grant Agreement by the Department and other representatives duly
authorized by State or Federal law.
12. Mandatory Conditions
A. Statutory or Regulatory Requirements
The Master Contract for the Grantee's selected Contractor must be incorporated
and made a part of the ensuing contract between the Grantee and the Contractor,
as a condition for grant approval. The Grantee will comply with applicable Federal and
State laws, guidelines, rules and regulations in carrying out the terms of this Grant
Agreement.
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.
Page 4 of 7
Voting System Grant Agreement
Oakland County
Funding
This Grant Agreement is subject to and contingent upon the availability and
appropriation of Federal funds and any necessary State appropriation.
Costs
The State will not assume any responsibility or liability for costs incurred in relation
to this grant.
Cancellation
The Department may cancel the Grant Agreement upon failure to comply with the
terms of this grant.
Entire Agreement
The Grant Agreement shall represent the entire agreement between the State and
Grantee and supercedes any prior oral or written agreements, and all other
representations between the parties relating to this subject. The State reserves
the right to require counties and local jurisdictions to attend required training
sessions with regard to new equipment purchases made under NAVA.
Adherence to Terms
The failure of a party to insist upon strict adherence to any term 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.
B. Other
Additional terms and conditions may be negotiated in the contract between the Grant
Applicant and the Contractor as long as they do not conflict with the required terms and
conditions of this Grant Agreement and Master Contract with the Grantee's selected
Contractor.
13. Administration of Agreement
The Grant Manager on behalf of the Department for this Grant Agreement and the final Grant
Agreement will be:
Jeremy Lange, Office of Financial Services
Michigan Department of State
430 W Allegan St., 4th Floor
Lansing, Ml 48933
517.335.1952
LandeJl@michidan.dov
All questions, comments and correspondence regarding this grant process, the Grant Agreement
and the final Grant Agreement must be submitted in writing to the Grant Manager.
14. Completed Agreement
In order to complete this Grant Agreement, it must be filled out in its entirety by completing
all indicated fields* below, and must be signed by the individual authorized by the county
or local jurisdiction to enter into this agreement. The signed grant must be scanned and
submitted electronically via the Elections eLearning Center, with the original returned to
the Department via US Mail.
Page 5 of 7
Voting System Grant Agreement
Oakland County
15. Voting Systems Authorization
Note: Grant Applicant to fill in all fields indicated (*) below:
This Grant Agreement is between the Michigan Department of State and:
Oakland County
*Grant Manner for County (point of contact for the State):
*Name Joe Rozell
*Title Director of Elections
*Office Address 1200 N. Telegraph Rd., Pontiac, MI 48341
*Office Phone 248-858-0564
*Office Email Address rozelli@oakgov.com
Authorized Voting System Component Totals:
Number of Precinct Tabulators Authorized for
State-Federal Funding:
1
Number of Absent Voter Counting Board
Tabulators Authorized for State-Federal
Funding:
0
Number of Accessible Voting Devices
Authorized for State-Federal Funding:
1
EMS Software Authorized for State-Federal
Funding:
Hart County Full
Page 6 of 7
Voting System Grant Agreement
Oakland County
16. Special Certification/Signature
The following signatory certifies that the person signing is authorized to sign and enter into this
Grant Agreement. Further, the signatory has reviewed and agrees to the conditions as outlined in
this Grant Agreement, and has personally examined and is familiar with the information submitted
here, as well as the requirements of the Help America Vote Act, under which this grant has been
submitted.
For the COUNTY OR LOCAL JURISDICTION:
*Name:
*Title: *Date:
*Signature
For the STATE OF MICHIGAN, DEPARTMENT OF STATE:
Cindy Paradine, Director, Office of Financial Services
Signature Date
Page 7 of 7
Planned Use of Balance
Total Revenues
$150,000
$150,000
Professional Services
Equipment
Total Expenditures
FISCAL NOTE (MISC. #17082) April 26, 2017
BY: Commissioner, Thomas Middleton, Chairperson, Finance Committee
IN RE: CLERK/REGISTER OF DEEDS — ELECTIONS DIVISION — 2017 HELP AMERICA VOTE ACT
(HAVA) GRANT ACCEPTANCE AND EQUIPMENT PURCHASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Resolution authorizes the acceptance of the 2017 Help America Vote Act (NAVA) Grant
Acceptance from the Michigan Department of State and Equipment Purchase.
2. The grant award of $228,920 will be used to acquire voting equipment, which includes optical
scan tabulators, accessible voting devices, and Election Management System software.
3. The grant period is from March 1, 2017 through April 30, 2018.
4. There is no grant match.
5. Also, funding of $150,000 is available in the General Fund Technology Replacement/Hardware
Assigned Fund Balance (GL #383448) for the purchase of additional equipment,
6. A FY 2017 budget amendment is recommended.
HELP AMERICA VOTE ACT (#29221)
GR0000000793 Bud Ref: 2017 Analysis: GLB Activity GLB
FY 2017
Revenue
2010301-185010-610314
2010301-185010-615572
Federal Capital Grants
State Capital Grants
Total Revenues
$212,896
$ 16,024
$228,920
$228,920
$228,920
Expenditures
2010301-1 8501 0-760157 Equipment
Total Expenditures
GENERAL FUND (#383448)
Revenue
9010101-196030-665882
Expenditures
2010301-185010-731458
2010301-185010-760157
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Fleming absent.
Resolution #17082 April 26, 2017
Moved by Berman supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Zack, Berman, Bowman. (19)
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).
5421
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (T
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 April 26, 2017 ;
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 26 th day of April, 2017
l'Sfee-/ AIP-— –
Lisa Brown, Oakland County