HomeMy WebLinkAboutResolutions - 1993.10.07 - 23877MISCELLANEOUS RESOLUTION #93215
BY: General Government Committee
IN RE: Clerk/Register of Deeds - Optical Scan Voting System
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS for the past 18 months the Oakland County Clerk's
Office, in conjunction with the County's Municipal and Township
Clerks, has been investigating alternative voting systems for use
in Oakland County's 545 polling precincts; and
WHEREAS four types of voting systems are presently used in
Oakland County; optical scan, punch card, paper ballot and
automatic voting machines (AVM), these systems obligating the
County to the printing of four types of ballots; optical scan,
punch card, paper ballot and machine; and
WHEREAS the punch card and AVM systems 1) are comprised of
older equipment, much of which is obsolete, and requires ever-
increasing maintenance, 2) often aid in causing longer lines at
polling precincts due to their drag on the voting process by
decreasing throughput speed, and 3) inevitably result in slower
ballot tabulation largely due to spoiled ballots because of over
voting; and
WHEREAS upon completion of its investigation, the Clerk's
Office has concluded that the optical scan system will provide
immediate efficiency and economic benefits through creation of a
faster voting process, increased accuracy, voter friendliness and
standardization of equipment and voting system across the County's
polling precincts; and
WHEREAS local units of government are responsible for the
acquisition and provision of voting systems pursuant to Michigan
law and that the capital expenditures necessary to sufficiently
provide each local unit with the equipment necessary to establish
a County-wide standardized optical scan voting system may be
burdensome to some of the local governmental units; and
WHEREAS the Oakland County Treasurer, as agent for the
Delinquent Tax Revolving Fund (DTRF) has determined that funds are
available for loan to the Oakland County Clerk/Register's Office,
thus providing a mechanism to effect the lease-purchase of the
necessary optical scan voting system equipment by the local units
of government; and
WHEREAS the local units of government may lease the optical
scan voting system equipment from the Clerk/Register's Office in
accordance with the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that Oakland County Board of
Commissioners recommends that each local unit of government approve
the optical scan voting system and lease the associated equipment
necessary to sufficiently provide for their respective polling
precincts.
October 7, 1993
BE IT FURTHER RESOLVED that Oakland County provide an amount
not to exceed $2,000,000 from the DTRF, in compliance with the
terms and conditions specified in Miscellaneous Resolution #89276,
from which the Clerk/Register's Office may borrow the necessary
monies to acquire optical scan voting system equipment for the
purpose of leasing same to the local units of government.
BE IT FURTHER RESOLVED that the $2,000,000 from the DTRF is to
be paid back by each community in annual principal and interest
payments not to exceed six years.
BE IT FURTHER RESOLVED that no monies will be spent or
committed except as each community commits to said lease-back
agreement.
BE IT FURTHER RESOLVED that this borrowing agreement shall not
exceed six years.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners and the County Treasurer, as agent of the DTFR, are
authorized to execute the attached Borrowing Agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners and the County Clerk are authorized to execute the
attached lease-purchase agreement with the local units of
government.
On behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
REVOLVING FUND BORROWING AGREEMENT
WHEREAS, the Clerk/Register of Deeds is desirous of
persuading local units to participate in a Lease/Purchase
borrowing program for the purpose of purchasing optical scan
voting system equipment, and,
WHEREAS, the Delinquent Tax Revolving Fund Agent has
determined sufficient monies are available to loan the County
Clerk/Register of Deeds for this purpose,
THEREFORE, in consideration of agreements setforth below it
is hereby agreed by and between the parties as follows:
The County will borrow the principal sum not to
exceed $2,000,000 from the Delinquent Tax
Revolving Fund to be paid back in annual
principal and interest payments not to exceed six
(6) years. Said payments shall be billed
annually each December 1st. Interest on each
payment will be based on the average monthly rate
paid during the term of this agreement by the
agent of the Delinquent Tax Revolving Fund for
that years outstanding borrowing. (Schedule of
payments attached).
It is further agreed that the County may pay off
all or part of the loan at any time plus accrued
interest without penalty.
Agent for Revolving Fund Chairman, Board of Commissioners
ELECTIONS SYSTEMS
LEASE PURCHASE AGREEMENT
This LEASE PURCHASE AGREEMENT (hereinafter, AGREEMENT) is made between the County
of Oakland, (hereinafter, COUNTY), a Michigan Constitutional Corporation, and the CityNillage/Township
of (hereinafter, LESSEE).
1. Lease of Equipment. The COUNTY leases to LESSEE, the Equipment described in
Exhibit "A" as attached hereto, in accordance with the terms of this AGREEMENT.
2. Term and Termination.
(a) The term of this AGREEMENT shall commence on , 1993 and shall
continue in effect until , 1999, unless terminated earlier pursuant to the terms of this
AGREEMENT.
(b) The COUNTY may, at its sole option, terminate this AGREEMENT effective
immediately if the LESSEE fails, within thirty (30) days after written notice thereof from the COUNTY, to
cure any breach of any of its covenants in this AGREEMENT.
3. Delivery and Acceptance. The COUNTY will cause the Equipment to be delivered to
LESSEE at the location specified in Exhibit "A". LESSEE will accept the Equipment as soon as it has
been delivered and is operational. LESSEE will evidence its acceptance of the Equipment by executing
and delivering to the COUNTY a Delivery and Acceptance Certificate in the form provided by the
COUNTY, which shall signify LESSEE'S acceptance of the Equipment for all purposes and LESSEE'S
certification to the COUNTY that the Equipment is fully operational, complete, without apparent detect and
satisfactory for LESSEE'S intended use.
4. Lease Payments. LESSEE agrees to pay the COUNTY annually in advance beginning
on the Commencement date of this AGREEMENT, the sums as listed in Exhibit "B" entitled "Schedule of
Payments". The Lease payments will be payable without notice or demand at the office of the COUNTY.
The Lease payment is unconditional in all events and will not be subject to any set—off, defense,
counterclaims, or recoupment for any reason whatsoever, including without limitation, any failure of the
Equipment.
5. Disclaime'of WLranties. THE COUNTY HEREBY EXPRESSLY DISCLAIMS ANY
WARRANTIES OR REPRESENTATIONS, IONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE PROVIDED BY BUSINESS RECORDS
CORPORATIONS, INC. THE COUNTY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE USE OF THE EQUIPMENT.
6. Repair and Maintenance. A five (5) year warranty is provided by BUSINESS RECORDS
CORPORATION. Thereafter, all necessary maintenance, repairs and replacement parts will be the
responsibility of LESSEE.
7. Destruction of the Equipment. LESSEE assumes all risk of loss or damage to the
Equipment from any cause whatsoever. The total or partial destruction of the Equipment or total or partial
loss of use or possession thereof shall not release or relieve the LESSEE from the duty to pay the fees or
other amount set forth in this AGREEMENT.
8. Title to the Equipment. Title to thc E pment shall at all times remain in the COUNTY.
The Equipment is and shall remain the COUNTY'S cunat property. LESSEE shall have the option to
purchase the leased Equipment for the sum of one ($1.00) dollar at the end of the term of this
AGREEMENT.
9. Assignments and Claims.
(a) LESSEE shall not assign any rights hereunder to any other person or corporation
without the prior written consent of the COUNTY; and
(b) Lessee shall comply with all laws, ordinances and regulations applicable to the
Equipment and the use thereof.
10. Indemnification. LESSEE agrees to indemnity and defend the COUNTY against, and
hold the COUNTY harmless from, any and all claims, actions, proceedings, expenses, damages or
liabilities, including attorney's fees and court costs, arising in connection with the Equipment, including,
but not limited to, its selections, purchase, delivery, possession, use, or operation.
11 Entire Agreement. This AGREEMENT constitutes the entire AGREEMENT between the
parties. LESSEE acknowledges that no representations or warranties have been made by the COUNTY
except as set forth herein. No modifications of this AGREEMENT shall be binding upon the parties unless
in writing and signed by the parties.
12. Construction. This AGREEMENT shall be construed in accordance with the laws of the
State of Michigan.
IN WITNESS WHEREOF, the CityNillage/Township has signed this day of -
1993, by , (Mayor, Manager, etc.) of the City/Village/Township and the signing
is attested by , Clerk of the City/Village/Township.
LESSEE:
By:
of
COUNTY OF OAKLAND,
a Michigan Constitutional Corporation
WITNESSES:
By:
LARRY P. CRAKE,
Chairperson, Board of Commissioners
By:
LYNN D. ALLEN,
County Clerk