HomeMy WebLinkAboutResolutions - 2000.06.15 - 26052May 18, 2000
-- MISCELLANEOUS RESOLUTION 100119
BY: GENERAL GOVERNMENT COMMITTEE, SHELLEY G. TAUB, CHAIRPERSON
IN RE: CLERK/REGISTER OF DEEDS — ELECTION DIVISION - FUNDING FOR THE
AUTOMATIC ELECTION RETURNS OPERATION ACCUMULATION SYSTEM
(AERO) FOR DESIGNATED JURISDICTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on August 5, 1999 Miscellaneous Resolution #99184 allocated money for an
Election Results Management System (ERMS); and
WHEREAS an Election Results Management System (ERMS) has been implemented and
many Municipal Clerks currently use Optical Scan and utilize the Automatic Election Returns
Operation Accumulation System (AERO) that allows for vote accumulation and the electronic
transmittal of election results; and
WHEREAS the goal of the County Clerk is to have a single voting method and fully
automate election night reporting throughout the county; and
WHEREAS the Clerk/Register of Deeds-Election Division finds it necessary to move
forward technologically with a vote accumulation system and subsequent reporting system; and
WHEREAS standardizing election night reporting would expedite election results and
reduce the potential for human error; and
WHEREAS some Clerks using the Optical Scan Voting equipment do not have the AERO
Accumulation System and cannot transmit their election results electronically; and
WHEREAS upon completion of investigation and hands on experience in the Presidential
Primary February 22, 2000, the AERO system was used and election results received via the
Internet were successful; and
WHEREAS the AERO Accumulation System would benefit City/Township Clerks and the
Clerk/Register of Deeds-Election Division and is the most expedient, efficient way to accumulate
vote totals and is compatible witb ERMS; and
WHEREAS the local units of government may lease the AERO Accumulation System
Software — MPR equipment from the Clerk/Register's Office in accordance with the attached lease
agreement.
General Government Committee Vote:
Motion carried on unanimous roll call vote, subject to Lease agreement approval by Corporation
Counsel, with Law and Patterson absent.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
provide an amount not to exceed $50,000.00 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 the AERO Accumulation System for the purpose of
leasing same to the local units of government.
BE IT FURTHER RESOLVED that the $50,000.00 from the DTRF is to be paid back
proportionately by each community in annual principal and interest payments not to exceed two
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 the Chairperson of the Board of Commissioners and the
County Treasurer, as agent of the DTRF, 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
AERO EQUIPMENT & SOFTWARE
LEASE/PURCHASE AGREEMENT
This LEASE/PURCHASE AGREEMENT (hereinafter, AGREEMENT) is made between the
County of Oakland, (hereinafter, COUNTY), a Michigan Constitutional Corporation, and the
City/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 the date hereof and
shall continue in effect until December 31, 2001, unless terminated earlier
pursuant to the terms of this AGREEMENT.
(b) The COUNTY may, as 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.
(c) This agreement will terminate upon payment of all principal and accrued
interest by LESSEE as provided in paragraph 4.
3. Delivery and Acceptance. The COUNTY will cause the Equipment to be delivered to
LESSEE at the location specified BY LESSEE. 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 (Exhibit "C"). The certificate 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 defect and satisfactory for
LESSEE'S intended use.
4. Lease Payments. LESSEE agrees to pay the COUNTY on or before December 31, of
The years 2000 and 2001 the Total Lease Purchase Price (principal) for the Leased
Equipment, as specified in Exhibit "A", of four thousand and thirty dollars, ($4,030.00),
payable in two (2) annual installments as set forth in Exhibit "B". The installments shall
consist of two (2) equal payments of principal together with interest on the unpaid
principal balance. The Interest rate for said installments will be determined as set forth in
Exhibit "B". The principal may be prepaid in whole or in part with accrued interest
without penalties. 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. Disclaimer of Warranties. THE COUNTY HEREBY EXPRESSLY
DISCLAIMS ANY WARRANTIES OR REPRESENTATION, EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OTHER THAN THOSE PROVIDED BY ELECTION SYSTEMS & SOFTWARE, INC.
(HEREINAFTER ES&S). 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 two (2) year warranty is provided by ES & S
to the County and Lessee. Thereafter, all necessary maintenance, repairs, replacement
parts, and software upgrades shall be the responsibility of LESSEE.
7. Destruction of the Equipment. LESSEE assumes all risk of loss or damage to the
Equipment in its possession from any cause whatsoever. The total or partial destruction
of the Equipment or total or partial loss of use of 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 the Equipment shall be vested to the LESSEE upon full
Payment and when this AGREEMENTS conditions are met
9. Assignments and Claims.
(a) Neither COUNTY nor LESSEE shall assign any rights hereunder to any
other person or corporation without the prior written consent of the
COUNTY; and -
(b) COUNTY and LESSEE shall comply with all laws, ordinances and
regulations applicable to the equipment and the use thereof.
10. Indemnification. LESSEE agrees to indemnify and defend the COUNTY against, and
hold the COUNTY harmless from, any and all claims, actions, proceedings, expenses,
damages or liabilities, including attorneys' fees and court costs, arising in connection
with the use or operation of the equipment by LESSEE.
11. Entire AEreement This AGREEMENT, with Attachments, 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.
For and in consideration of the mutual assurances, promises, acknowledgements, warrants, representations,
and agreements set forth in this AGREEMENT, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the undersigned hereby execute this AGREEMENT on
behalf of the Parties, and by doing so legally obligate and bind the Parties to the terios and conditions of
this AGREEMENT.
IN WITNESS WHEREOF, the City/Township has signed this day of , 2000
by , and the signing is attested by
LESSEE:
By: WITNESSED:
IN WITNESS WHEREOF, John P. McCulloch, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County
Board of Commissioners, a certified copy of which is attached, to execute this contract on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
contract.
COUNTY OF OAKLAND,
A Michigan Constitutional Corporation
EXECUTED: DATE:
John?. McCullouch, Chairperson
Board of Commissioners
WITNESSED: DATE:
G. W4iam Caddell
Clerk&egister of Deeds
On-site Training $1,050.00
TOTAL $4,030.00
EXHIBIT "A"
Software Quantity Unit Price
AERO 1 $2,980.00
Software w/
Memory Pack
Receiver
All of the above, as offered by Election Systems and Software, Inc., is given a 2 year All
Inclusive Warranty. Group training is not recommended since hands-on training is not
available and customers are not as comfortable or capable of using and installing AERO
successfully.
EXHIBIT "B"
ANNUAL INSTALLMENTS
Interest to be determined-December 1, 2000: •
Plus Y2 principal
Interest to be determined-December 1, 2001:
Plus 'A principal
The interest rate shall be equal to the higher of the Delinquent Tax Revolving Fund
average monthly rate paid on the County's outstanding borrowings or the six (6) month
Treasury Bill rate. Such rate shall be determined on the 1 st of December of each year of
the Lease and be the basis for determining the interest to be paid by December 31 of that
year. The two averages shall be calculated based upon the rates being paid or in effect on
the l st day of each month since the commencement of the AGREEMENT or the last
payment due date, which rates shall be recorded and made available by the County to
LESSEE upon request. COUNTY shall notify the LESSEE of the rate of interest and
LESSEE may elect to pay said balance in full, if LESSEE is not satisfied with the
prevailing rate.
DEUVERY AND ACCEPTANCE CERTIFICATE
(Lessee)
hereby accepts the aforementioned equipment and certifies that said
equipment is fully operational, complete without apparent defect and
satisfactory for Lessee's intended use.
LESSEE
By:
Of:
Date:
lisrlseet 12/141114
Resolution #00119 May 18, 2000
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
FISCAL NOTE (M.R. #00119) June 15, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: CLERK/REGISTER OF DEEDS - ELECTION DIVISION - FUNDING FOR THE AUTOMATIC
ELECTION RETURNS OPERATION ACCUMULATION SYSTEM (AERO) FOR DESIGNATED
JURISDICTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of the Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. The goal of the County Clerk is to have a single voting method and
fully automated election night reporting throughout the County.
2. The Election Results Management System has been implemented (ERNS)
with several jurisdictions currently using Optical Scan and the
Automatic Election Returns Operation Accumulation System (AERO)
that allows for vote accumulation and the electronic transmittal
of election results.
3. The jurisdictions without AERO Accumulation System cannot transmit
election results electronically.
4. The AERO Accumulation System has proven to be the best method to
accumulate vote totals while being compatible with ERMS.
5. The County, through the Equipment Fund, will acquire the AERO
Accumulation System for the purpose of leasing it back to the
local units of government.
6. Local units of government may lease the AERO Accumulation System
software from the County in accordance with the attached lease
agreement.
7. Funding, in the form of a loan not to exceed $50,000, will be
obtained from the Delinquent Tax Revolving Fund (DTRF).
8. The funding will comply with the terms and conditions as specified
in M.R. #89276.
9. The DTRF will be repaid principal and interest by the Equipment
Fund over a period not to exceed two years, from the proceeds of
the lease payments.
10. Budget amendments are not required for this transaction.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Coleman and Millard
absent.
Resolution #00119 June 15, 2000
Moved by Taub supported by Appel the resolution be adopted.
Moved by Douglas supported by Sever the resolution be amended as follows:
In the ninth (9th ) WHEREAS paragraph, change the " Clerk/Register's
Office" to " County Equipment Fund" ;
In the NOW THEREFORE BE IT RESOLVED paragraph, change the
" Clerk/Register's Office" to " County Equipment Fund" .
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti,
Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 June 15, 2000 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 15th day gi June, 2000.
G.gWilliam Caddell, County Clerk