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Home My WebLink About06-228 JULY 11, 2006 06-228 RESOLUTION (CARRIED__7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE:APPROVE AGREEMENT WITH WINNEBAGO COUNTY / FACILITATE PURCHASE OF HANDICAPPED ACCESSIBLE VOTING EQUIPMENT INITIATED BY:CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Winnebago County to facilitate purchase of handicapped accessible voting equipment is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. AGREEMENT BETWEEN WINNEBAGO COUNTY AND THE CITY OF OSHKOSH TO FACILITATE PURCHASE OF HANDICAPPED ACCESSIBLE VOTING EQUIPMENT THIS AGREEMENT IS MADE between Winnebago County, Wisconsin, and the City of Oshkosh, a Winnebago County municipal unit of government. WHEREAS, in order to comply with the requirements of the Help America Vote Act of 2002 ("HAVA"), the State Elections Board has allocated Eighteen Million Dollars ($18,000,000) in federal HAVA funds for the purchase of one (1) accessible voting system (the "system" or "systems") as required by HAVA for each polling location in the State of Wisconsin, and WHEREAS, the State of Wisconsin's Elections Board is offering reimbursement of up to Six Thousand Dollars ($6,000.00) for the purchase of one (1) accessible voting system per polling place for each of the forty-eight (48) polling places in Winnebago County, and WHEREAS, it would be more efficient for Winnebago County, through its County Clerk to coordinate the acquisition of the voting system for the forty-eight (48) polling places in Winnebago County on behalf of this Municipality and the other twenty (20) municipalities in Winnebago County that must otherwise obtain the system for their polling places; IT IS HEREBY AGREED AS FOLLOWS: 1. Winnebago County agrees to submit an Accessible Voting Equipment Funding application on behalf of the City of Oshkosh and other municipalities in Winnebago County, except the City of Appleton, to the State Elections Board. 2. Winnebago County shall purchase on behalf of the City of Oshkosh and other municipalities in Winnebago County, except for the City of Appleton, for each of its polling places the following accessible voting equipment: AccuVote-TSX core package (includes internal zero results printer, internal battery, internal modem, initial ballot station software license, 12-month warrant) Each TSX core package also includes the following: . 1 AccuView Printer Module w/canister & paper roll . 1 ADA Kit (headset and keypad) "Visually Impaired Ballot Station-VIBS" . 1 TS Software License . 1 PCMCIA memory card . 1 Voter Card Encoder . 1 Supervisor Card . 1 Administrator Card . 5 Voter Access Cards . Annual TS Software License fee/per unit 3. Winnebago County will make the advance payment to vendor for the total sum necessary to purchase the accessible voting equipment but not more than Six Thousand Dollars ($6,000.00), the maximum amount of the reimbursement funding. 4. Winnebago County will receive the reimbursement funding from the State of Wisconsin's Elections Board for the advance payment to the vendor. This funding will be used to reimburse Winnebago County for the purchase of the TSX units and for any other costs related to the use, setup or programming of this equipment. In the event that the State of Wisconsin's Elections Board pays the reimbursement funding to the City of Oshkosh, the City of Oshkosh shall promptly pay the reimbursement funding to Winnebago County. 5. In the event Winnebago County does not receive the reimbursement funding from the State of Wisconsin's Election Board, the City of Oshkosh shall promptly pay back to Winnebago County the actual amount that Winnebago County paid to the vendor to purchase their system. 6. The City of Oshkosh certifies that it is eligible to receive the benefits of this Agreement because its polling place(s) is fully accessible based upon the Wisconsin State Elections Board Polling Place Accessibility Survey. The City of Oshkosh understands that it must provide an accessible polling place complying with the accessibility, privacy, and independence requirements of HAVA regardless of this Agreement. 7. In the event the City of Oshkosh is deemed not to qualify for system reimbursement because its polling places are not fully accessible or for any other reason and Winnebago County is required to reimburse the State of Wisconsin's Elections Board the funding related to the system purchased for the City of Oshkosh, the City of Oshkosh shall promptly pay that sum to the State of Wisconsin's Elections Board. 8. Unless otherwise agreed, the system will be delivered to the office of the Winnebago County Clerk at 415 Jackson Street, Oshkosh, WI 54901, and it will be the responsibility of City of Oshkosh to transport the system to their polling location. 9. Title to the system software will be in the name of Winnebago County, and title to the system hardware will be in the name of the City of Oshkosh. 10. Municipality shall be solely responsible for the proper use and operation of the system in conducting its elections. 11. Except for the start-up supplies provided with the purchase under Paragraph 2 above, all supplies associated with the operation of the system shall be solely the expense and responsibility of the City of Oshkosh. 12. Except for the start-up training provided with the purchase under Paragraph 2 above, all training associated with the operation of the system shall be solely the expense and responsibility of the City of Oshkosh. 13. Except for the repairs provided for in the warranty and extended warranty agreements provided with the purchase under Paragraph 2 above, all repairs associated with the operation of the system shall be solely the expense and responsibility of the City of Oshkosh. 14. The City of Oshkosh shall be entitled to the exclusive use of the system hardware as long as it complies with all of the terms and conditions of this Agreement. Winnebago County will utilize the system software to program the City of Oshkosh's hardware at no charge to the City as long as the City maintains its hardware in proper working order. -2- 15. Notices required or deemed advisable under this Agreement shall be placed in writing and delivered personally or by mail upon Winnebago County to Sue Ertmer, Winnebago County Clerk, 415 Jackson Street, Oshkosh, WI 54901 and upon the City of Oshkosh at the office of its Clerk. 16. The parties agree fully to indemnify and hold one another harmless from and against all claims, actions, judgments, costs, and expenses arising out of damages or injuries to third persons or their property caused by the fault or negligence of the said party, its agents or employees in the performance of this Agreement. The parties shall give to each other prompt and reasonable notice of any such claims or actions and the other party shall have the right to investigate, compromise, and defend the same. 17. No waiver of any breaches of this Agreement shall be held to be a waiver of any other or any subsequent breaches. All remedies afforded in this Agreement shall be considered to be cumulative and in addition to any other remedies provided by law. 18. This Agreement shall be governed under the laws of the State of Wisconsin and is made at Winnebago County, Wisconsin, and venue for any legal action to enforce the terms of this Agreement shall be in Winnebago County Circuit Court. 19. The parties agree that there shall be no assignment or transfer of this Agreement nor of any interests, rights, or responsibilities herein contained except as agreed to in writing. 20. There shall be no modifications to this Agreement except in writing signed by both parties. 21. The entire agreement of the parties is contained herein and this Agreement supersedes all previous agreements whether written or oral and all negotiations as well as any previous agreements presently in effect between Winnebago County and the City of Oshkosh relating to the subject matter of this Agreement. All parties hereto having read and understood the entirety of this Agreement hereby affix their duly authorized signatures. WINNEBAGO COUNTY CITY OF OSHKOSH Mark L. Harris Winnebago County Executive Richard Wollangk Oshkosh City Manager Susan T. Ertmer Winnebago County Clerk 6/21/06 Pamela Ubrig City of Oshkosh Clerk -3-