HomeMy WebLinkAbout2021-4034DocuSign Envelope ID: 68784052-52E0-48BE-8064-1136F978C6EF
Contract # 2021-4034
Anoka County Contract No. C0008996
JOINT POWERS AGREEMENT BETWEEN
ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS
IN ANOKA COUNTY
TO ALLOCATE COSTS FOR ELECTION EXPENSES
This is a joint Powers Agreement ("JPA") between the County of Anoka ("County") and THE
MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY
("Governmental Entities") entered into pursuant to Minn. Stat. § 471.59, for the purchase,
maintenance and use of election equipment, including conducting elections, by the County on
behalf of the County and the Governmental Entities.
Section 1
Term
1. This JPA shall be in effect for a four-year term, beginning January 1, 2022 until
December 31, 2025, subject to automatic renewal on January 1 of each subsequent
calendar year beginning January 1, 2026.
Section 2
Contract Termination
2. During the initial four-year term, this JPA may only be terminated by written agreement of
the County with the affected Governmental Entity. Beginning January 1, 2026, a
Governmental Entity's participation in this agreement may be terminated by that
Governmental Entity providing written notice to the remaining parties no later than June 1 of
any year, effective on January 1 of the following year.
Upon termination of the agreement, all right, title, and interest in any election equipment
purchased by the County under the terms of this agreement for use by the Governmental
Entity shall remain with the County. Any Governmental Entity withdrawing from this
agreement assumes all costs, responsibilities and liabilities related to the purchase,
maintenance and use of voting equipment in the conduct of elections in that jurisdiction.
Any amounts of the Governmental Entity's share of the cost of procurement of the Voting
Equipment System and their proportional share of any other costs incurred by the County on
their behalf that remain unpaid as of the date of termination shall become immediately due
and payable by the Governmental Entity to the County.
Section 3
Voting Equipment System Definition
3. For purposes of this agreement, the Anoka County Voting Equipment System means a
system in which the voter records votes by means of marking a ballot, so that votes may
be counted by automatic tabulating equipment in the polling place where the
ballot is cast or at a counting center. An electronic voting system includes automatic
tabulating equipment; non -electronic ballot markers; electronic ballot markers,
including electronic ballot display, audio ballot reader, and devices by which the voter will
register the voter's voting intent; software used to program automatic tabulators
and layout ballots; computer programs used to accumulate precinct results; ballots;
system documentation; and system testing as well as software used to manage the
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assignment, deployment, chain of custody, and associated logistical operations of said
equipment in Anoka County.
Section 4
Applicability
4. This agreement, and the use of the Voting Equipment System defined herein, between the
County and the Governmental Entities is applicable for any election at which offices or
questions for the following categories are voted on:
Category A: Federal Offices
State Offices or Constitutional Amendments
Judicial Offices
County Offices or Ballot Questions
Soil and Water District Offices or Ballot Questions
Category B: Municipal (Township) Offices or Ballot Questions
Category C: School District Offices or Ballot Questions
Section 5
County Responsibilities
5. Except as otherwise provided in this contract or required by statute or state or federal rule,
the County shall be responsible for preparing the specifications for the purchase and
maintenance of the Voting Equipment System as defined herein and for the purchase and
maintenance of the system, including making all payments and expenditures for capital and
on -going operating costs related to the voting equipment system. In addition, for all
Category A, B, and C Elections, Anoka County shall:
5.1. Perform voting equipment system programming including ballots, ballot counters, ballot
markers, and other components of the voting equipment system used to mark, count,
record or report election returns and statistics.
5.2. Perform programming and testing of the State Election Reporting System interface,
subject to policies of the State.
5.3. Program and develop a voting equipment testing plan for each election according to
statutory requirements.
5.4. Provide ballot design and layout services and arrange for the printing of ballots to be
used in the elections.
Section 6
Governmental Entities' Responsibilities
6. Except as otherwise provided in this contract, each individual Governmental Entity shall be
responsible for and shall perform all duties and assume all costs associated with the
production of test decks, and conduct of pre -election and post -election tests and audits of
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precinct voting equipment for each election and shall utilize county -provided software, as
determined necessary by the County, to track the testing, assignment, deployment, chain of
custody, and associated logistical operations of said equipment in Anoka County, as follows:
6.1. When Category A and/or B offices or questions appear on the ballot:
6.1.1. The municipality shall be responsible for and assume all costs associated with
the production of test decks, and conduct of pre -election and post -election tests
and audits of precinct voting equipment for all elections which include a Category
A and/or B office or question.
6.1.2. The municipality shall assume all costs required to arrange for the use of polling
places in the manner required by the Minnesota election law, for ensuring the
physical set up of rooms and furnishings are conducive to the voting process,
and for ensuring that all necessary equipment and supplies are delivered to the
polling place for use on Election Day.
6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and
equipment from the Anoka County Elections and Voter Registration Office in
Anoka and other storage locations that may be arranged from time to time, and
transporting them to and from the polling place.
6.1.4. The municipality shall assume all costs related to issuing, receiving and
processing absentee ballots cast by in -person absentee voters in that
municipality including procurement and preparation of physical spaces,
equipment, and staff needed to administer the process, and costs for delivery of
voted ballots to the Anoka County Central Count Absentee Precinct.
6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying
Election Judges for all hours served including training, testing, election day
assignments, and any other work assignments associated with the election.
6.2. When only Category C offices or questions appear on the ballot:
6.2.1. The School District shall be responsible and shall assume all costs associated
with the production of test decks and conduct of pre -election and post -election
tests and audits of precinct voting equipment for all elections which include only
Category C offices or questions.
6.2.2. The school district shall assume all costs required to arrange for the use of
polling places in the manner required by law, for ensuring the physical set up of
rooms and furnishings are conducive to the voting process, and for ensuring that
all necessary equipment and supplies are delivered to the polling place for use
on Election Day.
6.2.3. The school district shall assume all costs related to picking up ballots, supplies
and equipment from the Anoka County Elections and Voter Registration Office in
Anoka and other storage locations that may be arranged from time to time, and
transporting them to and from the polling place.
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6.2.4. The school district shall assume all costs related to issuing, receiving and
processing absentee ballots cast by in -person absentee voters in the school
district including procurement and preparation of physical spaces, equipment,
and staff needed to administer the process, and costs for delivery of voted ballots
to the Anoka County Central Count Absentee Precinct.
6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying
Election Judges for all hours served including training, testing, election day
assignments, and any other work assignments associated with the election.
Section 7
Allocation of Election Expenses
7. Except as already specifically provided for herein, the Voting Equipment System
procurement, maintenance and support cost shall be divided between the county, its
municipalities, and school districts as follows:
7.1. The County shall incur 55% of the actual cost of procurement, operation,
and maintenance of the system over the duration of this contract.
7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur
30% of the actual cost of procurement, operation, and maintenance of the
system over the duration of this contract.
7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the
actual cost of procurement, operation, and maintenance of the system over the
duration of this contract.
7.4. Anoka County shall make all payments and expenditures for capital and on-
going operating and maintenance costs related to the system throughout the
duration of this contract.
7.5. The annual fee for each jurisdiction shall be established as follows:
7.5.1. Each individual municipality shall pay a fee equal to that percentage of
the total Anoka County population residing in that municipality at the time
of the most recent census multiplied by the municipal share (30%) of the
actual cost of procurement, plus the actual cost of operation and
maintenance of the system, as solely determined by the County,
calculated annually throughout the duration of the contract
7.5.2. Each individual school district shall pay a fee equal to that percentage of
the total Anoka County population residing in that school district at the
time of the most recent census multiplied by the school district share
(15%) of the actual cost of procurement, plus the actual cost of
operation and maintenance of the system, as solely determined by the
County, calculated annually throughout the duration of the contract.
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7.5.3. Each Governmental Entity shall be invoiced annually by June 1 for each
calendar year of the agreement for the above referenced fees. Said fees
shall be due and payable within thirty (30) calendar days of invoicing.
7.5.4. The Governmental Entities hereby agree that they will not reallocate any
of the costs incurred herein.
7.6. For each governmental entity, the County shall determine that proportion of the ballot
devoted to offices and questions for that entity as a percentage of the total number of
column inches on the ballot, and provide an invoice to the governmental entity for that
share of the cost of ballot printing, paper and normal delivery charges.
7.7. For each governmental entity, the County shall determine that proportion of the ballot
devoted to offices and questions for that entity as a percentage of the total number of
column inches on the ballot, and provide an invoice to the governmental entity for that
share of the cost of postage for domestic mailed absentee ballots and absentee
ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA).
Section 8
Documentation of Election Expenses
8. Documentation of actual expenditures as required by the County is required for the
allocation of election expenses pursuant to this agreement. Invoices or billing
statements are acceptable documentation for goods or services purchased for
vendors.
Section 9
Ownership
9. The Governmental Entities acknowledge that the County owns the Voting Equipment
System and that the Governmental Entities are authorized to use said Voting Equipment
System for official election related purposes. Use of the Voting Equipment System by the
Governmental Entities for any other purpose is strictly prohibited absent express written
consent of the County. The Governmental Entities hereby acknowledge and agree that the
Voting Equipment System may contain proprietary and trade secret information that is
owned by a third party and is protected under federal copyright law or other laws, rules,
regulations, and decisions. The Governmental Entities shall protect and maintain the
proprietary and trade secret status of the Voting Equipment System in their possession.
Section 10
Handling Of Equipment and Insurance
10. Each municipality shall be responsible for storage of elections equipment assigned by the
county to that municipality. Municipalities shall make all necessary elections equipment in
its possession available to other entities as directed by the county.
Each Governmental Entity acknowledges that it shall be responsible for the Voting
Equipment System while it is in the Governmental Entity's custody. Each Governmental
Entity, either through insurance or a self-insurance program, shall be responsible for all
costs, fees, damages and expenses including but not limited to personal injury, storage,
damage, repair and/or replacement of the Voting Equipment System while it is in the
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Governmental Entity's custody and this contract is in effect unless such costs, fees,
damages, and expenses are then currently covered under a manufacturer warranty
covering said equipment. The Governmental Entities shall be responsible for, provide
coverage for and shall provide proof of general liability and worker's compensating
insurance (Hold Harmless Agreement) for all individuals providing services required by this
contract. In addition to the foregoing, the Governmental Entities shall, during the term of this
contract, maintain, through commercially available insurance or on a self -insured basis,
property insurance coverage on all of the voting systems used or intended for use in this
agreement to cover all repairs or replacement of the voting equipment if damaged or stolen.
The Governmental Entities are responsible for any deductible under their policy.
Section 11
Independent Contractor
11. It is agreed that nothing in this contract is intended or should be construed as creating the
relationship of agents, partners, joint ventures, or associates between the parties hereto or
as constituting the County or the Governmental Entities as the employee of the other entity
for any purpose or in any manner whatsoever. The County is an independent contractor
and neither it, its employees, agents, nor its representatives are employees of the
Governmental Entities. From any amounts due the County, there shall be no deductions for
federal income tax or FICA payments, nor for any state income tax, nor for any other
purposes which are associated with an employer -employee relationship unless required by
law.
Section 12
Data Practices
12. All data created, collected, received, maintained, or disseminated for any purpose in the
course of this contract is governed by the Minnesota Government Data Practices Act, any
other applicable statute, or any rules adopted to implement the Act or statute, as well as
federal statutes and regulations on data privacy.
Section 13
No Waiver
13. 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 shall 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.
Section 14
Governing Law
14. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
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Section 15
Entire Agreement
15. 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 and hereby rescinds and replace all prior
Agreements with the respective Governmental Entities with this Agreement. All items
referred to in this Agreement are incorporated or attached and are deemed to be part of this
Agreement. 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.
Section 16
No Assignment
16. Neither party shall assign, sublet, or transfer this Agreement, either in whole or in part,
without the prior written consent of the other party, and any attempt to do so shall be void
and of no force and effect.
Section 17
No Warranty
17. The Governmental Entities agree that the County is furnishing the Voting Equipment System
on an "as is" basis, without representation or any express or implied warranties, other than
those provided by any maintenance agreement entered into by the County for the
maintenance of the Voting Equipment System, including but not limited to, fitness for
particular purpose, merchantability or the accuracy and completeness of the Voting
Equipment System.
The Governmental Entity's exclusive remedy and the County's sole liability for any
substantial defect which impairs the use of the Voting Equipment System for the purposes
stated herein shall be the right to terminate this agreement.
The County does not warrant that the Election Voting Equipment System will be error free.
The County disclaims any other warranties, express or implied, respecting this agreement or
the Voting Equipment System.
In no event shall the County be liable for actual, direct, indirect, special, incidental,
consequential damages (even if the County has been advised of the possibility of such
damage) or loss of profit, loss of business or any other financial loss or any other damage
arising out of performance or failure of performance of this Agreement by the County.
Except as otherwise specifically provided for in this agreement, County and the
Governmental Entities agree each will be responsible for their own acts and omissions
under this Agreement and the results thereof and shall to the extent authorized by law
defend, indemnify and hold harmless the other party for such acts. Each party shall not be
responsible for the acts, errors or omissions of any other party under the Agreement and the
results thereof. The parties' respective liabilities shall be governed by the provisions of the
Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This
paragraph shall not be construed to bar legal remedies one party may have for the other
party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement
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constitutes a waiver by the Governmental Entities or County of any statutory or common law
defenses, immunities, or limits on liability.
Section 18
Notice
18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the
other party addressed as follows:
To the Governmental Entity: To the person and address designated by each
Governmental Entity in writing.
To the County: Anoka County Administrator
2100 3rd Avenue, Suite 700
Anoka MN 55303
Copy to: Anoka County Elections Manager
2100 3rd Avenue, Suite 160
Anoka MN 55303
Section 19
Audit Provision
19. Both parties agree that either party, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of the other party and involve transactions relating to
this Agreement. Such materials shall be maintained, and such access and rights shall be in
force and effect during the period of the contract and for six (6) years after its termination or
cancellation.
Section 20
Survival of Provisions
20. It is expressly understood and agreed that the obligations and warranties of the
Governmental Entity and County hereof shall survive the completion of performance and
termination or cancellation of this Agreement.
Section 21
Authority
21. The person or persons executing this Joint Powers Agreement on behalf of the
Governmental Entity and County represent that they are duly authorized to execute this
Joint Powers Agreement on behalf of the Governmental Entity and the County and
represent and warrant that this Joint Powers Agreement is a legal, valid and binding
obligation and is enforceable in accordance with its terms.
(Rest of page left intentionally blank)
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands.
COUNTY OF ANOKA
DocuSigned by:
By:.- minmFor7m4m
Scott Schulte, Chair,
Anoka County Board of Commissioners
Dated: 11/23/2021
By:EDoAAcuSigg�need by:
27D3CB52C23646E
Rhonda Sivarajah,
Anoka County Administrator
Dated:
11/24/2021
APPROVED AS TO FORM:
DocuSigned by:
�aSbin Stbv�.v
BY . PG
Jason Stover
Assistant Anoka County Attorney
11/29/2021
Dated:
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CITY OF COLUMBIA HEIGHTS
BY'V- lr�tr
ada M6rq'uez p&mula, Its Mayor
Dated: . r �� I
By: 2d��
Sara Ion, Its City Clerk
Dated: Z a Z 13
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