HomeMy WebLinkAboutINTERGOVERNMENTAL AGREEMETSECRETARY OF STATE OF GEORGIA
FTn~T \J\iE~H~~IENrJ' TO rIlE '
INTERGOVERNMENTAL AGREEMENT
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THIS .1]~;}ID}~l.i1>TT TO TJ;II1,INTERG.~VERNMENTAJ-,
AGREEMENT (the "First Amendmenf') is made thiobl' ~~~"""
between the Secretary of State of the State of Georgia and, ~ t:L
(hereinafter "County").
2005
County
Whereas the Secretary of State, as authorized by the General Assembly, provided
a uniform voting system to the County for the casting and counting of electoral votes in
County, State and Federal elections in the State of Georgia;
Whereas the County and the Secretary of State entered into a certain
Intergovernmental Agreement for the loan and use of the voting system by the County for
the November 2, 2002 General Election and each subsequent election thereafter;
.Whereas the voting system included as one of its. components an encoder for the
programming of voter access cards for use on Election Day;
Whereas the Secretary of State has identified and acquired as an :upgrade to the
voting system an enhanced encoder component (hereinafter, the "ExpressPoll") for
programming voter access cards, and for accessing and collecting voter information
electronically at the polling precinct for credit for voting purposes;
WHEREAS, the Secretary of State has determined the allotment of the
ExpressPoll for each county based on the active, registered voters listed on the State's
Voter Registration System for each county as of July 1, 2005; and
WHEREAS, the Secretary of State has arranged for the allotted number of
ExpressPolls for each County and the training services to be deliver~d directly to the
County pursuant to a deployment schedule under a contract with the Vendor;
NOW, THEREFORE, the Secretary of State shall provide the County with its
portion ofthe ExpressPoll described herein along with certain services subject to the
terms and conditions set forth herein:
1. Scope of Agreement.
1.1 Pursuant to O.C.G.A. ~ 21-2-300, the Secretary of State is tendering the loan of
the County's portion of the ExpressPoll described herein, and the County is
borrowing the ExpressPoll for use in the July 2006 General Primary Election and
other elections thereafter as are held from time to time, for a term not to exceed
50 years. The loan of the Voting System is revocable at the will ofthe Secretary
of State and subject at all times to the direction ofthe Secretary of State to return
or permit modification or replacement of all or a portion ofthe ExpressPoll
pursuant to her written instructions.
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1.2 In order to receive and continue to borrow its allotted number of Express Poll
units, the County must accept the terms ofthis Agreement. County will be
deemed to accept this Agreement by taking delivery of the ExpressPoll, or
participating in the training offered to County Election Officials' on the use of the
ExpressPol1. Within 30 days of either event, County will return an originally
executed counterpart of this Agreement to the Secretary of State and enter a true '
copy of the executed Agreement in its minutes. . ,
2. Delivery and Storage of the ExpressPoU.
2.1 The Vendor has undertaken to deliver the ExpressPoll to the County pursuant to a
deployment schedule as determined by the Vendor and the Secretary of State in
the Contract referenced above, and as may be modified upon mutual agreement of
the Vendor and the Secretary of State. Delivery will be made to the County by
the Vendor to the location the Vendor currently has on file for delivery of all
other statewide uniform voting systeII;l components.
2.2 The County shall take full responsibility for the care, storage, and use ofthe
ExpressPoll as required by O.C.G.A. ~ 21-2-379.9, the rules and regulations
promulgated thereto, and instructions provided by the, Secretary of State for the
security, storage and use ofthe ExpressPoll.
2.3 Within 30 days of receipt, the County shall deliver to the Secretary of State a
signed acknowledgement form, confirming receipt, possession, and storage of the
ExpressPoll units received pursuant to this Agreement including the physical
address of the location where the ExpressPoll units will be stored during non-
election periods. The County's confirmation shall be in a form of Exhibit "A" as
provided by the Secretary of State.
2.4 During the confirmation of receipt of the Expr~ssPoll units, the County election
superintendent shall conduct a verification test of each ExpressPoll unit pursuant
to the instructions provided by the Center for Election Systems and shall deliver a
"Verification Report" attached hereto as Exhibit "B" to the Secretary of State
within 3 days of completion of all testing of the ExpressPoll units. This
verification report will assist the Secretary of State in determining acceptance of
the ExpressPoll units from the Vendor and will establish warranty and insurance
coverage.
3. Use of ExpressPoll.
3.1 The County shall use the ExpressPoll in place of the voter access encoder in all
elections where applicable and as instructed by the Secretary of State.
3.2 The County shall include the use of the ExpressPoll into its use ofthe Voting
System and shall continue to follow all procedures regarding the use of the Voting
System as provided for in the initial Intergovernmental Agreement, in the Georgia
Election Code, and in any rules and regulations promulgated thereto, as well as
any procedures or additional rules developed by the Secretary of State.
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4. Relationships.
4.1 The County shall immediately notify the Secretary of State of any defect in the
. ExpressPoll units or of any other breach of warranty or contract by the Vendor,
electronically to the Elections Division in urgent cases and in any event by written
notice hereunder, in detail sufficient for the Secretary of State to bring notice to
the Vendor. Only the Secretary of State shall enforce the contract with the
Vendor of the ExpressPoll described herein, except in those instances in which
,the Secretary of State otherwise allows or in which the County may make separate
purchases under the Contract for its own account.
4.2 All the terms and conditions ofthe Intergovernmental Agreement relating to
relationships shall remain in full force and effect.
5. Insurance, Risk Management and Warranty. '
5.1 Beginning when the State accepts ownership ofthe ExpressPoll from its Vendor
under the Contract, the Secretary of State will arrange with the Qepartrnent of
Administrative Services to cover the ExpressPoll under the "Property Program,"
by which the State's Risk Management Services Division insures or self-insures
state property against various hazards. The Secretary of State will advise the
County before the end of State Fiscal Year 2006 whether the Secretary of State
will continue coverage for the State Fiscal Year 2007.
5.2 The Secretary of State has acquired an initial warranty plan for the ExpressPoll
provided to the County, which shall expire on December 31,2006
5.3 Under the Contract, the County may extend the warranty plan prior to expiration
of the plan. The cost to extend the warranty plan shall be the sole responsibility
ofthe County. The Secretary of State is not responsible for providing any
extended warranty coverage on the ExpressPoll.
5.4 Any additional purchases or lease acquisitions ofthe ExpressPoll acquired by the
County using County resources shall be identified separately by serial number and
shall be owned by the County and will be the sole responsibility ofthe County;
any such equipment will be subject to the same care, maintenance and use
provisions ofthe Georgia Election Code and any rules and regulations
promulgated thereto.
5.5 The County assumes all responsibility for the proper care, maintenance, and
storage of additional ExpressPolls obtained with County funds; however the care,
maintenance and storage of any additional ExpressPolls, acquired by the County
shall not reduce or displace the care and maintenance required for the
ExpressPolls allotted to the County by the Secretary of State.
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5.6 The Secretary of State and the County shall each be independently respor sible for
carrying out its official responsibilities at,its own sole cost, risk, expense md
responsibility with respect to activities under or related to this Agreemen .
6. ExpressPoll Technical Support.
6. 1 The Secretary of State shall provide technical support for preparing the
ExpressPoll for use in any election ip. which the Couhty is conducting ,an election
using the ExpressPoll.
7. ExpressPoll Training.
7.1 The County Election and Voter Registration officials shall participate in the
training required and provided by the Secretary of State in order to ensure the
proper use of the ExpressPoll. The County shall participate in every phase of
training offered by the Vendor and any subsequent training that may be conducted
by the Secretary of State or designee thereof, as may be identified by the
Secretary of State. Nothing in this paragraph shall preclude the County from
entering into, an agreement with the Vendor to conduct training, provide technical
support, or other related services, which shall be the sQle responsibility of the
County.
7.2 The County shall bear the costs, including transportation, subsistence, and
lodging, incurred by its election and registration officials in attending courses
taught by or arranged by the SecretarY of State for instruction on the use of the
ExpressPoll. The County shall send at least one member from its election staff
and one member from its voter registration staff for training with the
understanding that these members will assist the County In conducting training
for its remaining election officials.
8. ExpressPoll Election Preparation.
8.1 As part of the Services available to the Counties, in order to facilitate the use of
the ExpressPoll and to provide safeguards in the conduct of elections in which the
ExpressPoll is being used, the Secretary of State or a designee thereof shall
prepare the necessary files for the ExpressPoll to encode voter access cards, view
precinct-level and statewide elector's lists and collect voter information at the
polling precinct to be used for credit for voting.
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8.2 The County Election Superintendent and Voter Registrar shall assist the Secretary
of State or the designee thereof in the ExpressPoll election preparation process as
provided by Rules and Regulations governing the use ofthe ExpressPoll and by
any procedures developed by the Secretary of 'State.
9. Miscellaneous.
9.1 The County will comply with all laws, rules and policies applicable to its
activities under this Agreement.
9.2
The County and Secretary of State will each coordinate and conduct their ordinary
communications through liaisons de~ignated by them. The Secretary of State
initially designates the following person listed below as her liaison under this
Agreement. The County shall provide to the Secretary of State's Liaison, within
10 days from receipt of this Agreement, the name and contact information of its
liaison for purposes of this Agreement:
10.
For the Secretary of State:
Kathy Rogers, Director of Elections
2 MLK Jr. Drive, Suite 11 04 West Tower
Atlanta, Georgia 30334,
Telephone: 404-656-2871
Facsimile: 404-651-9531
E-mail: Krogers@sos.state.ga.us.
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Address: R.. ,J......"", c..NJ C~ F\ J. 0 F- ~(of"e.A -4.0..
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Facsimil . -.~~\.()~ l ,r~&>. 6-~. ~I-
E-mail' 0.4 f..A Grr a () ~ ( l, ,
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Entire Agreement. Ql> CD) ?;}1... ,)...pc 'of
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This Agreement contains the entire agreement between the parties with regard to
its subject matter and supersedes all other prior and contemporaneous agreements
and understandings between the parties. This Agreement may not be amended or
modified except in writing by the Secretary of State.
10.1
10.2
The Secretary of State has signed a master copy of this Agreement with the intent
that her facsimile signature shall act as an origimil for this Agreement.
10.3
Except as specifically provided in this First Amendment, all terms and conditions
ofthe Intergovernmental Agreement and the respective obligations of the parties
thereto shall remain in full force and effect.
In witness whereof, the parties have caused their hand andseal as follows, or have
otherwise indicated their acceptance of this Agreement, as provided above:
ftv1'" "f,t -
ON BEHALF OF I\~ ~'"'" ~OUNTY
STATE 0 GEORGIA
CATHY COX
SECRETARY OF STATE
Name:
Title:
V'I
Name: ~;lt;c.- ~ ~ ~)
~itle: '::1~. n,:L rL^1--
5 ':1!!!!/tI~:rl
ExpressPoll: Total number of Units
List serial numbers:
(attach additional pages, if necessary)
Storage Location:
EXHIBIT "A" '
ACKNOWLEDGEMENT OF RECEIPT OF EXPRESSPOLL
ExpressPoll Encoder Device
County Name:
Address/Zip:
.
ExpressPoll Case: Total number of Cases
Network Cable (orange): Total number of Cables
List serial numbers below:
(attach additional pages, if necessary)
Storage Location:
External Case Power Cord: Total number of Cords
Individual ExpressPoll Power Cords: Total number of Cords
SIGNED BY COUNTY ELECTION SUPERINTENDENT:
NAME:
~~~
PHONE NUMBER:
FACSIMILE:
"
,
Secretary of State,
2 Martin Luther King, Jr. Drive
1104 West Tower '
. Atlanta, Georgia 30334
Cathy Cox
Secretary of State
EXHIBIT "B"
VERIFICATION REPORT
County Name:
Address/Zip:
In accordance with Section 2 of the First Amendment to the Intergovernmental
Agreement between the County and the Secretary of State, County submits the
Verification Report as follows:
Verification was performed on
units.
(date) follo'Ying delivery of Express Poll
(#) ExpressPoll units were verified and the County can confirm that:
(1) Verification was conducted and all units were found to contain state
certified version of software.
(2) Verification was conducted and the following number of units were
found not to be in compliance.
Please complete, sign and fax this form immediately to Kathy Rogers, Director,
Elections Division, 2 MLK Jr. Drive, Suite 1104 West Tower, Atlanta, Georgia
30334, Phone Number: 404-656-2871; Facsimile: 404-651-9531.
SIGNED BY COUNTY ELECTION SUPERINTENDENT:
NAME:
~l;~
PHONE NUMBER:
FACSIMILE: