HomeMy WebLinkAboutResolutions - 2005.02.17 - 27845MISCELLANEOUS RESOLUTION: #05036 February 17, 2005
BY: BILL BULLARD, JR. / DISTRICT NO. 2
RE: HELP AMERICA VOTE ACT (HAVA) GRANT AGREEMENT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRPERSON, LADIES AND GENTLEMEN:
WHEREAS, the Oakland County Board of Commissioners wishes to apply to
the Secretary of State for a grant to purchase an optical scan voting system and
related Election Management System (EMS) software to comply with the Help
America Vote Act (HAVA); and
WHEREAS, the Oakland County Board of Commissioners has chosen to
submit a grant application for new optical scan voting system in 2005.
NOW THEREFORE BE IT RESOLVED, that the Oakland County
Clerk,/Register of Deeds is authorized to submit this grant application on
behalf of Oakland County on this 17t h day of February 2005.
I move adoption of the foregoing resolution.
RuLP--__4(ft)
Bill Bullard, Jr., Chairman
STATE OF MICHIGAN
MICHIGAN DEPARTMENT OF STATE
AND
Oakland County
Help America Vote Act (HAVA) Grant Application 30
Optical Scan Voting Tabulators & Election Management
Systems (EMSs)
RE: Master Contracts
071B4200233 (Diebold Election Systems, Inc.);
071B4200234 (Election Systems and Software, Inc.);
071B4200254 (Sequoia Voting Systems, Inc.)
Thic Grant Annliratinn is OR mechanism by which Counties. Cities and Townships apply
rri/firhigun tn receive federal HA VA funds to purchase optical scan voting
p)stems (tabulators) and EMS, pursuant to HA VA.
Definitions:
"Local Unit of Government" means any city or township within the State of Michigan.
"County" means any county within the State of Michigan.
"Applicant" and "Grant Applicant" mean local unit of government or county.
"Department" means the Michigan Department of State.
"Deliverables" means all tangible, physical products delivered or to be delivered to the
Grant Applicant under the contract between the vendor and the Grant Applicant.
1. Period of Application
The Grant Application process applies to uniform optical scan voting system
purchases occurring between February 1, 2005 and January 1, 2006.
2. Program, Budget and Application
This Grant Application is to implement the federal Help America Vote Act of 2002
(HAVA), Michigan election law and Public Act 91 of 2002, by establishing a grant
30 Detailed information on this Federal program and uses of funding can be found in the
Catalog of Federal Domestic Assistance (CFDA) 39.011 — Election Reform Payments
(www.cfda.gov ; search for program number 39.011)
program to use HAVA funds to acquire and implement a uniform optical scan voting
system throughout the state. Each County, with the involvement of the local units of
government within the County, will develop a countywide implementation plan to update
its voting system by selecting one Contractor for the entire County. The Department will
determine quantities of required equipment, per jurisdiction, based on information
provided by the Grant Applicant. The information will be incorporated into this Grant
Application. Once the county implementation plan and Grant Application are signed and
approved, the Depaituient will verify the number of voting systems authorized for
purchase using HAVA funds. If changes are required, instructions for amending the
Grant Application will be provided and the Grant Applicant will be required to resubmit
the application.
This grant program only deals with the acquisition and implementation of the uniform
optical scan voting system selected by each County; as well as Election Management
Systems (EMSs), software systems used to define and design ballots, program tabulators,
and accumulate votes.
The Michigan Department of Management and Budget has entered into a Master
Contract with each approved vendor, which has established statewide prices for voting
equipment and EMS. Each County will communicate the county's agreed-upon vendor
selection to the Department.
All contractors will be required to enter into a contractual "purchase agreement" with
each local jurisdiction and county that selects that vendor for their choice. Typically, this
document is the purchase agreement provided by the vendor. The terms and conditions
of this agreement shall not contradict the Master Contract. The terms of the Master
Contract will supercede any conflicting terms in the purchase agreement.
Each vendor will enter into a software license agreement with the counties 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.
Once equipment and EMS have been delivered, tested, and accepted by each Grant
Applicant in the County according to the County Plan, the Department, through the
Michigan Department of Management and Budget, will release the HAVA funds to the
Contractor.
3. General
The individual submitting the Grant Application must have the proper authority to do
so. Proof of authority must be submitted with the Grant Application. Examples of
authority include but are not limited to, a resolution from the Board of County
Commissioners, City Council or Township Board authorizing purchase and contracting
authority.
2
4. Performance
Each Applicant will fill out the Grant Application and forward it to the Department at
the address indicated in the instructions provided. The Department will review and, once
approved, will provide the Applicant with a copy of this fully-executed Grant
Application, which will serve as Notice of the Grant Award. The Department will initiate
equipment orders directly with the Contractor, and will provide the Applicant with the
Acceptance Certificate & Payment Authorization Form, which must be submitted by the
Applicant to the Department within 10 days of equipment delivery. This form indicates
acceptance of equipment and payment authorization.
The Applicant is responsible for overseeing its contractual agreement with the
Contractor and is responsible for ensuring Contractor performance. Any subsequent
malfunction or performance issue with voting equipment and EMS must be addressed by
the Applicant. The Grant Applicant is responsible for maintaining any and all Contractor
performance records. The Applicant 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
Applicant's selected vendor. The Grant Applicant will be responsible for maintenance,
repairs, or additional costs incurred that are not covered by warranty provisions in the
Master Contract.
5. Testing, Acceptance and Payment
1. Successful acceptance testing of the optical scan tabulators and EMS software
should be completed within 10 calendar days from the date of delivery.
2. Upon completion of all acceptance testing, the Applicant must fill out the
Acceptance Certificate & Payment Authorization Form and forward the
completed form to the Department.
3. This form will indicate date of delivery, successful testing, and 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 Applicant's selected vendor.
6. Ownership of Equipment and Software Purchases: Title
Any equipment and EMS software purchased pursuant to this Grant Application is the
property of the Applicant submitting the Grant Application.
7. Optional Purchases
If the Grant Applicant desires to purchase additional items beyond those authorized in
this Grant Application, it may do so at its sole expense, outside of this Grant Application.
No HAVA funds will be available for such purchases. Prices established via the Master
Contract will be extended to counties and local units of government by the vendors for
these purposes.
8. Records Maintenance/Retention
3
The Grant Applicant will maintain a complete set of records and files related to the
ordering of voting equipment, EMS, delivery, testing, maintenance and repairs. The
Applicant shall assure all the terms of this Grant Application 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 termination, the date of submission of the
final expenditure report or until any litigation and audit findings have been resolved.
9. Authorized Access
The Grant Applicant will permit, upon reasonable notification and at reasonable
times, access to all records regarding this Grant Agreement by representatives duly
authorized by State or federal law.
10. Mandatory Conditions
A. Statutory or Regulatory Requirements
The Master Contract for the A _Ii ' - - - o or must be incorporated and
made a part of the ant and the Contractor, as a
condition for grant approval. The Applicant will comply with applicable federal and state
laws, guidelines, rules and regulations in carrying out the terms of this Grant Application.
Laws
This is a State of Michigan Grant Application and is governed by the laws of the
State of Michigan. Any dispute arising as a result of this application shall be
resolved in the State of Michigan.
Validity
This Grant Application is valid upon approval by the State Administrative Board
and approval and execution by the Department.
Funding
This Grant Application 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 Application upon failure to comply with
the terms of this grant.
Entire Agreement
The Grant Application shall represent the entire agreement between the State and
Grant Applicant 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 units of government to attend required training
sessions with regard to new equipment purchases made under HAVA.
4
Adherence to Terms
The failure of a party to insist upon strict adherence to any term of this Grant
Application 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 Application.
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 Application and Master Contracts with the Applicant's selected
vendor.
11. Administration of Agreement
The Grant Manager on behalf of the Department for this Grant Application and the
final Grant Agreement will be:
Timothy Hanson, Director
Elections Liaison Division
Bureau of Elections
PO Box 20126
Lansing, MI 48901-0726
H ansonT@Mi chi gan. go v
All questions, comments and correspondence regarding this grant process, the grant
application and the final Grant Agreement must be submitted in writing to the Grant
Manager.
12. Complete Application
In order to complete this Grant Application, it must be filled out in its entirety by
completing all indicated fields below. It must be signed by the individual authorized by
the county or local unit of government to enter into this agreement, and the Authority or
Resolution authorizing purchase and contracting authority must be attached as described
in section 3 above.
13. 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 Manager for County, City, or Township (point of contact for the State):
(printed name)
*Business Address:
*Business Telephone: *Fax Number:
*e-mail address:
Authorized Voting Equipment Totals:
Number of Precinct Tabulators Authorized for Purchase: I .
Number of Absentee Voter Counting Board Tabulators Authorized for Purchase: 0
EMS Software Authorized for Purchase: Yes
6
Name (print) Title (print) Date
14. Special Certification/Signature
The following signatory certifies that the person signing is authorized to sign this
application, certify, review, and agree to the above Grant Application conditions and has
personally examined and is familiar with the information submitted herein, and believe
this request is true, accurate and complete. Furthermore, the signatory represents and
agrees to the terms and conditions in this Grant Application and the requirements of the
Help America Vote Act, under which this grant has been submitted.
For the LOCAL UNIT OF GOVERNMENT or COUNTY:
Signature
For the STATE OF MICHIGAN, DEPARTMENT OF STATE:
Joseph P. Pavona, Administrative Officer
Signature Date
7
Resolution #05036 February 17, 2005
Moved by Middleton supported by Wilson the resolution be adopted.
AYES: Jamian, KowaII, Melton, Middleton, Molnar, Moss, Nash, Patterson, Rogers, Scott,
Suarez, Wilson, Woodward, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory,
Hatchett. (20)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
0113 NOT BUR MI BM WA
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 February 17, 2005
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 17th day of February, 2005.
John , County Clerk