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HomeMy WebLinkAboutINTERGOVERNMENTAL AGREEMETSECRETARY OF STATE OF GEORGIA FTn~T \J\iE~H~~IENrJ' TO rIlE ' INTERGOVERNMENTAL AGREEMENT ~. . 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. 2 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. 3 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. 4 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. I 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. ForthecountY:)-'t.LN 8~rP--'tJ l ~'C~c:. ,(),V~~~ Address: R.. ,J......"", c..NJ C~ F\ J. 0 F- ~(of"e.A -4.0.. Telephon ~ ~"e-t...~JJ... C- t\........:.c...:prc ~tel.S Facsimil . -.~~\.()~ l ,r~&>. 6-~. ~I- E-mail' 0.4 f..A Grr a () ~ ( l, , ",,-' ~(":6, - d-J '-+ ~ Entire Agreement. Ql> CD) ?;}1... ,)...pc 'of . ~ L B ~ \...;E;-< @.. It v (jTI~7~ 6A "' ~V 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: