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HomeMy WebLinkAboutMINUTES - 10072008 - C.20 (3) TO: BOARD OF SUPERVISORS Contra FROM: Steve Weir, County Clerk-Recorder = Costa DATE: October 7, 2008 v oCount Sra'con`+` SUBJECT: Memorandums of Understanding with Colusa, Sacramento and Solano Counties to share vote counting equipment and services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE AND AUTHORIZE the Clerk-Recorder, or designee, to execute Memorandums of Understanding or reciprocal agreements with the counties of Colusa, Sacramento and Solano for back-up emergency vote counting equipment and services. FINANCIAL IMPACT: Any costs incurred by using another county's equipment will be born by the county that uses the equipment. If Contra Costa uses another county's equipment, we will pay for the testing, supplies and other direct costs related to the use of the equipment. If another county uses our equipment, they will pay all direct costs associated with the use of the equipment. Contra Costa will not have increased expenses as a result of these agreements. REASONS FOR RECOMMENDATION/BACKGROUND: Contra Costa, Colusa, Sacramento and Solano counties use the same voting and counting equipment. If it became necessary for Contra Costa to use vote counting equipment and services through a vendor, the cost would be substantial. By putting these MOU's in place before any such occurrence, Contra Costa would be able to borrow equipment from the above counties in the case of a system failure or disaster, etc. and would avoid a large expenditure. Reciprocally, Contra Costa could utilize the provisions of the MOU and lend our equipment to one of the other MOU counties. Each county will have first call on their equipment. Our equipment will only be available for use by another county if it will not affect Contra Costa Elections Office operations. CONSEQUENCES OF NEGATIVE ACTION: Failure to enter into these reciprocal MOU's could cause the Clerk-Recorder Department to be required to enter into an emergency agreement with a vendor for emergency voting or counting services, which could be expensive. rr � CONTINUED ON ATTACHMENT: _YES SIGNATURE: CJ- ", RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVE AS RECOMMEN D OT VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN V UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSE0: ABSTAIN: p ATTESTED OMee r I�y (j�CV MEDIA CONTACT: DAVID TWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ORIGINATING DEPARTMENT: . C BY J��(5 "-w DEPUTY s. AGREEMENT FOR BACK-UP EMERGENCY VOTE COUNTING SERVICES THIS AGREEMENT is made and entered into this day of . 2008, by and between the County of Sacramento ("Sacramento") and the County of Contra Costa ("Contra Costa"). RECITALS WHEREAS, Sacramento.and Contra Costa both utilize the precinct optical scan and AutoMARK voting system to conduct elections in their respective counties; and, WHEREAS, Sacramento and Contra Costa desire to provide each other with emergency back-up vote counting services ("vote counting services"); and, WHEREAS, Sacramento and Contra Costa are willing to provide vote counting services to each other under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants contained herein, the parties hereto agree to the following: 1. Recitals. The recitals set forth above are hereby incorporated by reference'. 2. Provision of Ballot Counting Services. In the event that either of the parties experiences a partial or complete failure of its vote counting systems,.the party suffering such failure ("Requesting County" may request the provision of vote counting services from the other party ("Responding County"). This request may take the form of a telephone request from the Registrar of Voters of the Requesting County to the Registrar of Voters of the Responding County, or their respective designees. If such a request is made, the Responding County will make its vote counting services available to the Requesting County to the extent that is able to do so without unduly interfering with vote counting in the Responding County. The determination as to what vote counting services may be made available to the Requesting County without unduly interfering with vote counting in the Responding County will be made at the sole and absolute discretion of the Registrar of Voters of the Responding County. 3. Administrative Obligations of the Parties. The parties will have the following . . administrative obligations with respect to the vote,counting services provided pursuant to.this Agreement. (a) The parties will exchange their respective ballot tabulation procedures as soon as practical after the effective date of this Agreement and then provide the other party with timely notice of any changes in their respective procedures. (b). The Requesting.County will verify that the Responding County has a compatible vote counting system. ,(c) . The Requesting County will verify that the Responding County has the same Unity version as the Requesting County. (d) The Requesting County will have an external hard drive loaded with a copy of the PDF ballots and PDF Sample Ballots. (e) The Requesting County will transport to the Responding County those pre- formatted zip drives necessary to support the central tabulation process. (f) The Requesting County will transport to the Responding County necessary PCMCIA cards. (g) The Responding County will determine whether it has a redundant system available for the Requesting County's tabulation process and inform the Requesting county of this determination as soon as practical after the effective date of this Agreement. If it is determined that such a redundant system is not available, the Requesting County will provide and transport to the Responding County an external hard drive that is loaded with appropriate election data and software. 4. Incidental Costs. The Requesting County will reimburse the Responding County for all direct and indirect costs incurred by the Responding County in providing any services incidental to the vote counting services provided pursuant to this Agreement. The Responding.County will invoice the Requesting County for any such incidental costs and the Requesting County will pay any such invoice within thirty (30) days of receipt. 5. Indemnification. The Requesting County will indemnify, defend, and hold harmless the Responding County, its Board of Supervisors, officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorney's fees, arising out of or resulting from the vote counting services provided by the Responding County pursuant to this Agreement. 6. Notices. Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows: TO CONTRA COSTA: TO SACRAMENTO: Steve Weir, County Clerk-Recorder Jill Levine, County Clerk-Recorder 555 Escobar Street 7000 65th Street, Suite A Martinez, CA 94526 Sacramento, CA 95823 Such personal delivery or mailing in such manner shall constitute a good, sufficient and lawful notice and service thereof in all such cases. Such communications shall be deemed received upon delivery, if personally delivered, or upon.deposit in the United States Mail if sent by mail. Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.. 7: Entire Understanding. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters'covered hereuhder: 8. Amendment and Waiver: Except asprovidedherein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition 1 precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon any party unless agreed in writing by each party and their respective county counsels. 9. Counterparts.' This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute a single document. 10. Interpretation. This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it. COUNTY OF CONTRA COSTA Dated: ©C=1-(jU^ `7, DS�' By Chair erson, Board of Supervisors (SEAL) r+,� ' Attest: "W�-au) t((�Gl Q,k Clerk of the Board of Supervisors APPROVED AS TO FORM: Assistant County Counsel COUNTY OF SACRAMENTO y Dated: By Chairperson, Board of Supervisors AGREEMENT FOR BACK-UP EMERGENCY VOTE COUNTING SERVICES THIS AGREEMENT is made and entered into this day of 2008, by and between the County of Colusa ("Colusa") and the County of Contra Costa ("Contra Costa"). RECITALS. WHEREAS, Colusa and Contra Costa both utilize the precinct optical scan and AutoMARK voting system to conduct elections in their respective counties; and, WHEREAS, Colusa and Contra Costa desire to provide each other with emergency back-up vote counting services ("vote counting services"); and, WHEREAS, Colusa and Contra Costa are willing to provide vote counting services to each other under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants contained herein, the parties hereto agree to the following: 1. Recitals. The recitals set forth above are hereby incorporated by reference. . 2. Provision of Ballot Counting Services. In the event that either of the parties experiences a partial or complete failure of its vote counting systems, the party suffering such failure ("Requesting County" may request the provision of vote counting services from the other party ("Responding County"). This request may take the form of a telephone request from the Registrar of Voters of the Requesting County to the Registrar of Voters of the Responding County, or their respective designees. If such a request is made, the Responding County will make its vote counting services available to the Requesting County to the extent that is able to do so without unduly interfering with vote counting in the Responding County. The determination as to what vote counting services may be made available to the Requesting County without unduly interfering with vote counting in the Responding County will be made at the sole and absolute discretion of the Registrar of Voters:of the Responding County. 3. Administrative Obligations of the Parties. The parties will have the following administrative obligations with respect to the vote counting services provided pursuant to this Agreement. (a) The parties will exchange their respective ballot tabulation procedures as soon as practical after the effective date of this Agreement and then provide the other party with timely notice of any changes in their respective procedures. (b) The Requesting County will,verify that the Responding County has a compatible vote counting system. (c) The Requesting County will 'verify that the Responding County has the same Unity version as the Requesting County. (d) The Requesting County'will have an external hard drive loaded with a copy of , the PDF ballots and PDF Sample Ballots. (e) The Requesting County will transport to the Responding County those pre- formatted zip drives necessary to support the central tabulation process. (f) The Requesting County will transport to the Responding County necessary PCMCIA cards. (g) The Responding County will determine whether it has a redundant system available for.the Requesting County's tabulation process and inform the Requesting county of this determination as soon as practical after the effective date of this Agreement. If it is determined that such a redundant system is not available, the Requesting County will provide and transport to the Responding County an external hard drive that is loaded with appropriate election data and software. 4. Incidental Costs. The Requesting County will reimburse the Responding County for all direct and indirect costs incurred by the Responding County in providing any services incidental to the vote counting services provided pursuant to this Agreement. The Responding County will invoice the Requesting County for any such incidental costs and the Requesting County will pay any such invoice within thirty (30) days of receipt. 5. Indemnification. The Requesting County will indemnify, defend, and hold harmless the Responding County, its Board of Supervisors, officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorney's fees, arising out of or resulting from the vote counting services provided by the Responding County pursuant to this Agreement. 6. Notices. Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows: TO CONTRA COSTA: TO.COLUSA: Steve Weir, Registrar of Voters Kathleen Moran, County Clerk-Recorder 555 Escobar Street 546 Jay Street, Suite 200 Courthouse Martinez, CA 94526 Colusa, CA 95932 Such personal delivery or mailing.in,such manner,shall constitute a good, sufficient and lawful notice and service thereof,in all'such cases. Such communications shall be deemed received upon delivery, if personally delivered, or upon deposit in the United States Mail if sent by mail. Either party may change the'address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt. 7. Entire Understanding. .This Agreement represents the entire understanding of ; the parties as'to those matters contained herein. No prior oral or written,understanding shall be of any force or effect with respect.to those matters covered_hereunder.. 8. Amendment and Waiver. Except as provided herein, no alteration, . amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition ' precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon any party unless agreed in writing by each party and.their respective county counsels. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute a,single document. 10. Interpretation: This Agreement shall be deemed to have been prepared equally by both of the parties, and the,Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it. COUNTY OF CONTRA COSTA Dated: OC-T(7�'jer rl o2W 0 gy Chairp rson, Board of Supervisors (SEAL) Attest:. Kt�t liL Clerk of the Board of Supervisors APPROVED AS TO FORM: Assistant County Counsel COUNTY OF COLUSA Dated: By Chairperson, Board of Supervisors AGREEMENT FOR BACK-UP EMERGENCY VOTE COUNTING SERVICES THIS AGREEMENT is made and entered into this day of 2008, by and between the County of Solano ("Solano") and the County of Contra Costa ("Contra Costa"). RECITALS . WHEREAS, Solano and Contra Costa both utilize the precinct optical scan and AutoMARK voting system to.conduct elections in their respective counties; and,. WHEREAS, Solano and Contra Costa desire to provide each other.with emergency back-up vote counting services ("vote counting services"); and, WHEREAS, Solano and Contra Costa are willing to provide vote counting services to each other under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants contained herein, the parties hereto agree to the following:' 1. Recitals. The recitals set forth above are hereby incorporated by reference. 2. Provision of Ballot Counting Services. In the event that either of the parties experiences a partial or complete failure of its vote counting systems, the party suffering such failure ("Requesting County" may request the provision of vote counting services from the other party ("Responding County'). This request may take the form of a telephone request from the Registrar of Voters of the Requesting County to the Registrar of Voters of the. Responding County, or their respective designees. If such.a request is made, the Responding County will make its vote counting services available to the Requesting County to the extent that is able to do so without unduly interfering with vote counting in the Responding County. The determination as to what vote counting services may be made available to the Requesting County without und u ly.interfering with vote counting in the Responding County will be made at the sole and absolute discretion.of the Registrar of Voters of the Responding County. 3. Administrative Obligations of the Parties. The parties will have the following administrative obligations with respect to the vote counting services provided pursuant to this Agreement.. (a) The parties will exchange their respective ballot tabulation procedures as soon as practical after the effective date of this Agreement and then provide the other party with timely notice of any changes in their respective procedures. (b) The Requesting County will verify that the Responding•County has a•compatible vote counting system. (c) The Requesting County will verify that the Responding County has the same Unity version as the Requesting County. (d) The Requesting County will have an external hard drive loaded with a copy of the PDF ballots and PDF Sample Ballots. (e) The Requesting County will transport to the Responding County those pre- formatted zip drives necessary to support the central tabulation process. (f) The Requesting County will transport to the Responding County necessary PCMCIA cards. (g) The Responding County will 'determine whether it has a redundant system available for the Requesting County's tabulation process and inform the Requesting. county of this determination as soon as practical after the effective date of this Agreement. If it is determined that such a redundant system is not available, the Requesting County will provide and transport to the Responding County an external hard drive that is loaded with appropriate election data and software. 4. Incidental Costs. The Requesting County will reimburse the Responding County for all direct and indirect costs incurred by the Responding County in providing any services,incidental to the vote counting services provided pursuant to this Agreement. The Responding County will invoice the Requesting County for any such incidental costs and the Requesting County will pay any such invoice within thirty (30) days of receipt. 5. Indemnification. The Requesting County will indemnify; defend, and hold harmless the Responding County, its Board of Supervisors, officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorney's fees, arising out of or resulting from the vote counting services provided by the Responding.County pursuant to this Agreement. 6. Notices. Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other,pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows: TO CONTRA COSTA: TO SOLANO: Steve Weir, County Clerk-Recorder Ira Rosenthal, Registrar of Voters 555 Escobar Street 675 Texas Street, Suite 2600 Martinez, CA 94553 Fairfield, CA 94533. ; Such personal delivery or mailing in such manner shall constitute a good, sufficient and lawful notice and service thereof in all such cases. Such communications shall be deemed received upon delivery, if personally delivered, or upon deposit in the United States Mail if sent by mail. Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to'the other party; which shall be effective upon receipt. " 7. Entire Understanding. ;This Agreement represents the entire,understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any.force or effect with respect to those matters covered hereunder: 8. Amendment and Waiver. Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition' precedent shall not be construed as a waiver of any other default, breach or condition precedent, or'any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon any party unless agreed in writing by each party and their respective county counsels. 9. Counterparts. This Agreement maybe executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute a single document. 10. Interpretation. This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it. COUNTY OF CONTRA COSTA Dated: ©�� I. 7 By Chairplerson, Board of Supervisors (SEAL) Attest: �-- Clerk of the Board of Supervisors APPROVED AS TO FORM: Assistant County Counsel ` COUNTY OF SOLANO Dated: By Chairperson, Board of Supervisors construction of homebuilt planes homebuilding, restoration, and/or maintenance of Renter's Aircraft; .(3) the storage of one boat, or one recreational vehicle, or one motorcycle, or one automobile, provided that Renter first provides to Airport proof of Renter's ownership and original registration of any stored boat or vehicle,for inspection and copying; and/or (4) the storage of comfort items (such as a couch, small refrigerator, etc.)thatthe Director of Airports, in his sole discretion,determines will not impede the use ofthe hangar forthe storage.of Renter's Aircraft,and are not prohibited by applicable building and fire codes. The T-Hangar shall not be used for any purpose not expressly set forth in this Section 5. Use. The use of all or a portion of the T-Hangar for the storage of aircraft not owned or leased by Renter is prohibited. ("Aircraft not owned or leased by Renter" means any aircraft in which Renter does not have an ownership interest or which is not directly leased to Renter). Renter shall present proof of saidownership interest or lease to ' Airport upon request in addition to that information provided in Exhibit A. If Rente.r's Aircraft is or becomes non-operational,it may be stored in the T-Hangar only if it Is being homebuilt or restored by Renter. Prior to the.commencement of any such homebuilding or restoration, Renter shall provide to Airport(1)q,copy of the purchase agreement or (2) a valid federal registration number. if Renter's Aircraft is not registered as of the Effective Date, upon completion of construction, Renter shall register and.apply for an airworthiness certificate for Renter's.Aircraft in accordance with all applicable federal statutes and regulations and provide the original registration and certification to Airport, for inspection and copying, immediately upon receipt by Renter..On or before January 1 of each year,if the homebuilding or restoration has not been completed, Renter shall provide a written annual report to the Director of Airports that details the homebuilding or restoration activity performed,work still required to be completed and an estimate of time of completion. 6. TERM: This Rental Agreement shall be from month to month commencing August 1, 2008 ,and shall continue until terminated. This Rental Agreement may be terminated by any party upon thirty (30)days written notice to the other party. 7. RENT: r . A. Monthly Rent and Additional Rent. Renter shall pay.$ 358.11 in rent per month ("Monthly Rent") due and payable in advance on the first day of each calendar month, beginning ori the commencement date of this Rental Agreement. Unless directed to do otherwise by Airport, Renter shall pay rent only in cash or by personal check, certified check, or money order. If the term of this Rental Agreement begins on a day other than the first day of the month,. the Monthly.Rent stated above for the first month shall be prorated based on a 4` • - T-HANGAR AND SHADE HANGAR RENTAL AGREEMENT 102006 7