IV.4. Agreement with Hennepin County Regarding Electronic Pollbooks for Elections; Domeier (CR2016-049)May 17, 2016 Council Report 2016-049
Agreement with Hennepin County Regarding Electronic Pollbooks for Elections
Proposed Action
Staff recommends adoption of the following motion: Approve Hennepin County Agreement
A165109 allowing use of Electronic Pollbooks beginning in 2016.
Overview
In 2014, the state legislature authorized the use of electronic pollbooks. These devices are secure
tablets and printers that replace the current paper voter check-in process. It is anticipated that
electronic pollbooks will do the following:
1.Speed up lines at the polls;
2.Help election judges through each step of the process including election day registration;
and
3.Allow instantaneous absentee ballot updates to be received wirelessly.
Hennepin County has selected a pollbook vendor and has purchased tablets and peripherals. The
purchase cost will be covered in its entirety by Hennepin County and Hennepin County Elections
will cover any ongoing maintenance costs for electronic pollbooks in future budget years’ budget
requests without allocating additional costs to cities. Cities will be responsible for insuring and
storing the devices, preparing them for Election Day, and training election judges on their use.
City Attorney Riggs has reviewed the agreement.
Primary Issues to Consider
Hennepin County purchased pollbooks for use in all County polling places except for
Minneapolis beginning with the August 9, 2016 Primary Election.
The agreement governs the use of pollbooks by Hopkins.
Supporting Information
Agreement No. 165109
Amy Domeier, City Clerk
Financial Impact: $_______ Budgeted: Y/N ____ Source: ________________
Related Documents (CIP, ERP, etc.): ______________________________________
Notes: ______________________________________________________________
Agreement No. A165109
AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, a political subdivision of
the State of Minnesota ("County"), and the CITY OF HOPKINS ("City").
1. TERM OF THE AGREEMENT
This Agreement shall commence on June 6, 2016 and expire on February 28, 2023,
unless cancelled or terminated earlier in accordance with the provisions of this
Agreement.
2. EQUIPMENT LICENSE
During the term of this Agreement and subject to the terms herein, County hereby
provides to City and grants City a limited, revocabie, non-exclusive, royalty-free license
to use 24 KNOWiNK Poll Pad Hardware and Software units, 6 Verizon Jetpack Hotspot(s)
and 1 MR 18 Cisco Meraki wireless access point(s) (the "Election EquipmenY')
exclusively for official election use. County otherwise agrees in writing, said license is
restricted to access and use of the Election Equipment by City's employees, contracted
personnel and duly authorized election officials performing election duties and
responsibilities on behalf of City.
The parties may agree by written addendum executed by all the parties to modify the
quantity or definition of the Election Equipment included within the scope of this
agreement. County hereby delegates authority to execute such an addendum to the
Hennepin County Elections Manager. City hereby delegates authority to execute such an
addendum to its Mayor and City Clerk.
Unless the parties otherwise agree, City shall provide and/or maintain, at City's sole cost
and expense, secure wireless and other telecommunications necessary for the operation
of the Election Equipment. Further and as necessary, City shall acquire or otherwise
provide all subscriptions, accounts or other licenses necessary for the operation of the
Election Equipment.
City shall secure, safeguard and control the Election Equipment, including but not limited
to system authentication and passwords, in the same manner that City secures,
safeguards and controls its own critical or confidential equipment, systems, software,
data, passwords or other information. While the Election Equipment is in City's
possession, custody and/or control, City shall exercise best efforts to (i) use and handle
the Election Equipment in a manner that avoids damage or harm to the Election
Equipment; (ii) use and handle the Election Equipment in accordance with County
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direction and any third-party specification; and (iii) safeguard and secure the Election
Equipment from theft, loss or other damage.
City shall be responsible for implementation of the Election Equipment.
Unless the parties otherwise agree, County or its designated third-party vendor shall be
perform all maintenance and repair of the Election Equipment. City shall not repair,
change, modify or alter the Election Equipment unless expressly authorized by County
or its designee. If any Election Equipment needs repair or maintenance, City shall follow
the direction and process provided by County. City acknowledges and agrees that, as
directed by County, (i) City may be required to deliver, at City's sole cost and expense,
Election Equipment to County or its designee for maintenance and repair; and (ii) City
may be required to provide access to the Election Equipment for inspection,
maintenance or repair during City's regular business hours, including but not limited to
granting the right to enter into and upon the premises where the E�ection Equipment is
located.
Upon reasonable notice, County shall have the right to enter into and upon the
premises where the Election Equipment is located for the purposes of inspecting the
Election Equipment or observing its use. On an annual basis, during the term of this
Agreement, shall comply with County's request for verification of Election Equipment
inventory.
Upon the express written permission of County's Election Manager, or her/his
designee, City may sub-lease Election Equipment to a school district within City's
territorial boundaries. Said lease shall be made pursuant to a written agreement,
between City and the school district and shall include substantially the same terms as
those contained herein.
3. OWNERSHIP
County represents and warrants and City acknowledges and agrees that County is duly
authorized to grant the license herein exclusively for use by City in its official elections.
Pursuant thereto, use of the Election Equipment for any other purpose other than that
authorized herein is strictly prohibited absent express written consent of County.
City acknowledges and agrees that the Election Equipment may contain proprietary and
trade secret information that is owned by a third party and is protected under state and
federal patent, copyright law or other laws, rules, regulations and decisions. City shall
protect and maintain the proprietary and trade secret status of the Election Equipment.
4. DISCLAIMER, LIABILITYAND LIMITATION OF LIABILITY
COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE
ELECTION EQUIPMENT ON AN AS-IS BA515 WITH NO SUPPORT WHATSOEVER. THERE IS
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NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR
USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF
THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED.
CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE
DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANTTHE
PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR
CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THATTHE DATA SOURCE/SYSTEM WILL
BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND
CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA
SOURCE/SYSTEM IS FREE OF HARMFUL CODE.
IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LO55 OF BUSINESS OR
ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF COUNTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNN'S SOLE LIABILITY AND CITY'S
SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT,
INCIUDING BUT NOT LIMITED TO LIABILITY FOR EIECTION EQUIPMENT
NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR
CORRECTING THE ELECTION EQUIPMENTTO THE EXTENT AND DEGREE COUNTY IS
CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE
PERTINENT CIRCUMSTANCES.
Subject to the foregoing limitation of liability and to the provisions (below) regarding
responsibility for the costs related to lost, stolen, destroyed or damaged Election
Equipment, each party shall be responsible for their own acts and omissions and the
results thereof to the extent authorized by law. The parties are not agreeing, in any
manner whatsoever, to be responsible for the acts or omissions of the other party. As
applicable, County's liability is governed by the provisions of Minnesota Statutes,
Chapter 466 and City's liability is governed by the provisions of Chapter 466. The
statutory limits of liability for the parties may not be added together or stacked to
increase the maximum amount of liability for either or both parties.
5. ROYALTY FREE LICENSE - OTHER COSTS
Except as expressly set forth below, City shall not pay County any amount for the license
granted herein.
City shall be responsible for the cost and expense of Election Equipment delivery from
and to a location as directed by County.
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Except for routine wear and tear resulting from use in conformance with the terms
herein, City shall be responsible for and shall pay all costs, including but not limited to
shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or
damaged Election Equipment.
Upon expiration or termination of this Agreement for any reason, City shail, at City's
sole cost and expense, deliver, or have delivered, the Election Equipment to County or
its designee, comptete and in good order and working condition.
6. TERMINATION
This Agreement may be terminated by either party upon seven (7) day written notice to
the other. Termination of this Agreement by either party and for any reason shall not
relieve City of any duties or obligations hereunder including but not limited to the
obligation to safely and securely return and deliver the Election Equipment as set forth
above.
DATA PRACTICES
The parties, their officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
which may include the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
8. ADDITIONAL PROVISIONS
The parties shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted including but not limited to the
MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section
471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy.
No delay or omission by either party hereto to exercise any right or power occurring
upon any noncompliance or default by the other party with respect to any of the terms
of this Agreement shall impair any such right or power or be construed to be a waiver
thereof unless the same is consented to in writing. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be observed by the other
shalf not be construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained. All remedies provided for in this
Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies
available to either party at law, in equity, or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
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It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof. Except as expressly provided
herein, any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
City shall not assign, sublicense or transfer this Agreement or the rights, duties and
obligations herein, either in whole or in part, without the prior written consent of
County, and any attempt to do so shall be void and of no force and effect.
It is expressly understood and agreed that the obligations and warranties of City and
County hereof shall survive the completion of performance and termination or
cancellation of this Agreement.
THE REMAINDER OF THIS PAGE IS BLANK.
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Reviewed by the County
Attorney's Office
Date:
APPROVAL
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
County Administrator
Date:
CIN OF HOPKINS
By
Molly Cummings, Mayor
Date: May 17, 2017
By
Amy Domeier, City Clerk
Date: May 17, 2017
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