HomeMy WebLinkAboutAgreement A-19-172 with the State of California.pdfSCOPE OF WORK
A.NAME OF PROGRAM
EXHIBIT A
(Standard Agreement)
Fresno County
18G30110
Page 1 of 4
This program shall be known as "Voting System Replacement Contract 2018."
B.PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide the counties within the state of
California, as appropriated by Assembly Bill 1824, Chapter 38 (Stats.2018), (Voting
System Replacement Contracts), pursuant to California Elections Code sect ions
19400 and 19402, administered by the Secretary of State, with state funds to
reimburse counties for voting system replacement activities subject to the provisions
of this Agreement and all requirements of state and federal law, regulations and
procedures. Counties who receive the reimbursement of funds under this agreement
are subject to the following:·-
1.Counties may seek reimbursement for payments made pursuant to a purchase
agreement, lease agreement, or other contract made after April 29, 2015.
2.The funded activities must belong to one or more of the categories outlined below
in Section E -USE OF FUNDS.
3.If a county uses funding provided to it for activities described below in Section E -
USE OF FUNDS, #8, and those activities do not result in a voting system certified
by the Secretary of State to comply with the California Voting Systems Standards
by July 1, 2023, the county shall return the state funding provided for those
activities to the State. If the county does not return the funding by June 30, 2024,
the State Controller shall withhold any payment to the county in an equivalent
amount, as directed by the California Department of Finance.
4.Any voting system purchased or leased by a county for which the county seeks
reimbursement from the Secretary of State pursuant to this Agreement and that
does not require a voter to directly mark a ballot, must produce a paper version or
representation of the voted ballot or of all of the ballots cast on a unit of the voting
system. The paper version shall not be provided to the voter but shall be retained
by elections officials for use during the one percent manual tally described in
Elections Code Section 15360, or any recount, audit, or contest.
C.PROJECT CONTACTS
The program representatives during the term of Agreement will be:
a.For County: Brandi L. Orth (559) 600-3038
b.For State: Kathyrn Chaney (916) 695-1657
D.MATCHING FUNDS
EXHIBIT A
(Standard Agr�ement)
Fresno County
18G30110
Page 2 of4
Counties may seek reimbursement where the county has spent matching county
funds on voting systems replacement activities on a dollar-for-dollar basis, up to the
maximum amount of funds allocated for the contract. Matching funds may also
include federal funds such as Help America Vote Act (HAVA). State funds, such as
Voting Modernization Bond Act of 2002 (VMB) may not be used as matching funds.
E. USE OF FUNDS
Any Voting Systems Replacement Contract 2018 funds received pursuant to this
program shall be used by County only for one or more of the following purposes:
1.New voting systems that have been certified or conditionally approved pursuant
to the California Voting Systems Standards (CVSS).
2.Electronic poll books certified by the Secretary of State.
3.Ballot on demand systems certified by the Secretary of State.
4.Vote by mail ballot drop boxes that comply with any applicable regulations
adopted by the Secretary of State, including California Code of Regulations
(CCR) Title 2, Division 7, Chapter 3, sections 20130-20138.
5.Remote accessible vote by mail systems certified or conditionally approved by the
Secretary of State.
6.Telecommunication technologies to facilitate electronic connection, for the
purpose of voter registration, between polling places, vote centers, and the office
of the county elections official or the Secretary of State's office.
7.Vote by mail ballot sorting and processing equipment.
8.Research and development of a new voting system using only nonproprietary
software and firmware with disclosed source· code that have not been certified or
conditionally approved by the Secretary of State, but that would result in a voting
system certified by the Secretary of State to comply with the California Voting
Systems Standards, in addition to the following:
•Manufacturing of the minimum number of voting system units reasonably
necessary for either of the following purposes:
o Testing and seeking administrative approval for the voting system
pursuant to Section 19210 to 19214, inclusive.
o Testing and demonstrating the capabilities of the voting syste m in a
pilot program pursuant to paragraph (2) of subdivision (b) and
subdivision (c) of Section 19209.
EXHIBIT A
(Standard Agreement)
Fresno County
18G30110
Page 3 of 4
F.County shall not submit any claim for payment or reimbursement and shall not be
entitled to receive payment or reimbursement from State of Voting System
Replacement Contract 2018 funds for:
1.The cost of purchasing any motored vehicle;
2.The cost of leasing for more than thirty (30) days of any motored vehicle;
3.The cost of purchasing any real property;
4.The cost of leasing any real property;
5.The cost of promotional items and memorabilia;
6.General purpose equipment, including but not limited to, office equipment and
furnishings; ·modular furniture; telephone networks and component parts that are
not for the explicit use of facilitating electronic connections as defined above in
Section E -USE OF FUNDS, #6 of this document; and reproduction and printing
equipment that is not a component of a voting system, ballot on demand system,
or electronic poll book system;
7.General office supplies;
8.Any indirect rate or overhead costs distributed to county administrative support
services.
G.DISPOSAL OR SALE OF EQUIPMENT PURCHASED WITH VOTING SYSTEM
REPLACEMENT CONTRACT FUNDING
If a county elections officials disposes of voting systems or voting equipment
purchased with Voting System Replacement Contract funding:
1.No pre-approval or permission is required by the Secretary of State.
2.Sales should conform to county purchasing procedures. If those do not exist,
counties should rely on the State Administrative Manual (SAM Chapter 8600).
3.A solid audit trail should be maintained and include the following:
a.All information relevant to valuation.
b.Documentation relevant to the source of funding used for the original
purchase of the equipment being sold or disposed of.
EXHIBIT A
(Standard Agreement)
Fresno County
18G30110
Page 4 of 4
c.Information relevant to the actual sale or disposition, including the date,
amount of the actual sale, which equipment was involved (description and
inventory numbers) and receipts.
4.Prior to disposing or selling of any voting system or portion thereof, ensure the
equipment is formatted so there is no software or firmware remaining on the
equipment. All equipment should be taken back to a condition where it is solely a
non-functioning piece of hardware.
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1.Invoicing and Payment
Fresno County
18G30110
Page 1 of 3
A.For services satisfactorily rendered, and upon receipt and approval of the invoices submitted
with supporting documentation, the State agrees to compensate the Contractor for actual
expenditures incurred in accordance with the rates specified herein, which is attached hereto
and made a part of this Agreement.
B.Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than monthly in arrears to:
Office of Secretary of State
Attention: Accounts Payable
P.O. Box 944260
Sacramento, CA 94244-2600
Invoices-may be submitted via email to AccountsPayable@sos.ca.gov. Please contact
Accounts Payable at (916) 653-9165 for any further questions regarding invoices.
2.Budget Contingency Clause
A.It is mutually agreed that if the Budget Act or a Voting System Replacement Contract Spending
Plan amendment of the current year and/or any subsequent years covered under this
Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no
further force and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
B.If funding for any fiscal year is reduced or deleted by the Budget Act or a Voting System
Replacement Contract Spending Plan amendment for purposes of this program, the State shall
have the option to either cancel this Agreement with no liability occurring to the State, or offer
an Agreement amendment to Contractor to reflect the reduced amount.
3.Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in Government Code
Chapter 4.5, commencing with Section 927.
4.Failure to Properly Claim Maximum Amount of Voting System Replacement Contract Funds
Notwithstanding any provision of Agreement, County shall be entitled to receive only those
amounts for fully supported and appropriate claims, which are properly submitted, pursuant to the
provisions of Agreement and all applicable state and federal laws, regulations, and procedures.
5.Basis of Claims
Subject to the provisions of Paragraph #9 below, all claims for Voting System Contract
Replacement Funds under this program must be based on invoices submitted by the County. All
invoices or Agreements that are the subject of any claims must relate directly to expenditures
authorized pursuant to Exhibit A-SCOPE OF WORK, Section E -USE OF FUNDS.
6.Processing of Claims
EXHIBIT B
(Standard Agreement)
Fresno County
18G30110
Page 2 of 3
The Secretary of State shall establish the criteria and processes for submitting claims under this
Program. Such criteria shall include requirements that all claims:
A.Contain a face sheet that summarizes each expenditure made by the categories set forth in
Exhibit A-SCOPE OF WORK, Section E -USE OF FUNDS;
B.Include the total amount of the claim;
C.Identify whether additional claims are expected to be submitted;
D.Include the hourly charge of any contractor for which a claim is made for their time;
E.Include signed Contractor Activity Reports, please see sample, which is Exhibit G -
CONTRACTOR VOTING SYSTEM REPLACEMENT ACTIVITY REPORT, for each employee
and contractor's employee for whom reimbursement for time is being claimed. (Vendors who
receive payment from Voting System Replacement Contract funds are required to submit
···· timesrreets for a11y work paid for as time and materials); and· ·· · ---· --- --.... ·--···•----· ··--··--
F.Include a copy of the contract, if the contractor's invoice does not describe the activities
undertaken in such a manner that the State can determine whether the activities comply with
the provisions of this Agreement.
7.Retroactive Payments
Counties may claim reimbursement for expenses and activities permissible under the terms of this
Agreement that occur after April 29, 2015, and before June 30, 2021.
8.Payments of Claims
The Secretary of State shall advise the County of the status of the claim processing within 30
(thirty) days of receipt of the claim. Payments made by the State with respect to any claim shall be
sent directly by the State Controller's office to the County.
9.Deadline for Submitting Claims
The deadline for submitting any claim under this program is 30 (thirty) days after the expiration date
of this Agreement.
10.Multiple Claims
County can submit multiple claims for Voting Systems Replacement funds authorized above, within
the aggregate limit established for County.
11.Documentation to be Submitted
A, Each claim shall include a cover page that identifies the activity or service in Exhibit A -
SCOPE OF WORK and a summary sheet that includes the dollar amount associated with each
activity or service for which funds are being sought. Each claim shall also include originals or
true copies of all documentation of the payment for which reimbursement is sought, and of the
purchase agreement, lease agreement, or other contract pursuant to which the reimbursed
payment was made.
EXHIBIT B
(Standard Agreement)
Fresno County
18G30110
Page 3 of 3
B.The county shall certify to the Secretary of State the source and amount of match funding,
including supporting documentation of the source of funding such as a statement of account.
C.If applicable, approval by the County Board of Supervisors, along with the appropriate County
Resolution will be required.
12.Order of Processing
Claims shall be processed by the Secretary of State in order of receipt.
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
Fresno County
18G30110
Page 1 of 1
PLEASE NOTE: This page will not be included with the final agreement. The General
Terms and Conditions (GTC 04/2017) will be included in the agreement by reference to
Internet site: www.dgs.ca. govlolslresourceslstandardcontractlanguage. aspx
SPECIAL TERMS AND CONDITIONS
A.AUDITING
EXHIBIT D
(Standard Agreement)
Fresno County
18G30110
Page 1 of2
1.Receipt of Voting System Replacement funds by County indicates agreement, to be reimbursed by
the Secretary of State, by first providing matching funds spent on voting system replacement
activities described in Exhibit A-SCOPE OF WORK, Section E -USE OF FUNDS, on a dollar-for
dollar basis, up to a maximum amount of funds allocated for the contract, as allocated per county.
2.County shall maintain records in a manner that:
a.Accurately reflects fiscal transactions with necessary controls and safeguards;
b.Provides complete audit trails, based whenever possible on original documents (purchase
orders, receipts, progress payments, invoices, timesheets, cancelled warrants, warrant
numbers, etc.);
-· · ··· · ·· ·--· -------·---·-·c_-.... ,.Pruvides·�:rccnonting data so the costs can readiiy be determined throughout Agreen1ent ' period;
d.Accurately records and tracks the disposition of all equipment and sensitive property in
compliance with 41 CFR 105-71 and the California State Administrative Manual.
3.Records shall be maintained for three (3) years after termination of this Agreement and for at least
one (1) year following any audit or final disposition of any disputed audit finding.
4.If the final disposition of any disputed audit finding is determined to be a disallowed cost that the
Secretary of State has paid the County, the County shall return to the Secretary of State an amount
equal to the disallowance.
5.County shall permit periodic site visits by the Secretary of State, or the Secretary of State's
designee or designees, to determine if any Voting System Replacement Contract funds are being
used or have been used in compliance with this Agreement and all applicable laws.
B.GENERAL PROVISIONS
1.Voting System Replacement Contract funds can only be used for the purposes for which the Voting
System Replacement Contract funds are made.
2.No portion of any Voting System Replacement Contract funds shall be used for partisan political
purposes. All contractors providing services are required to sign an agreement, please see Exhibit
E -Additional Provisions, to abide by the Secretary of States' policy to refrain from engaging in
political activities that call into question the impartiality of the Secretary of State's Office.
3.Proceeds received by the County for the sale of equipment or sensitive property originall y
purchased by funds shall be deposited in an interest-bearing account and used in accordance with
procedures outlined in Exhibit A-SCOPE OF WORK, Section G -DISPOSAL OR SALE OF
EQUIPMENT PURCHASED WITH VOTING SYSTEM REPLACEMENT CONTRACT FUNDING.
Such sales shall tie reported in writing to the Secretary of State within 30 days of completion.
Interest earned on funds shall be reported to the Secretary of State within 90 days of the close of
each fiscal year. Upon expenditure of these funds and interest earned, County will report such
EXHIBIT D
(Standard Agreement)
Fresno County
18G30110
Page 2 of 2
expenditure to the Secretary of State, along with documentation of such expenditure, including
invoices, agreements or other documentation.
4.Funds not claimed by County within thirty (30) days of the end date of this contract, or any funds
claimed by a county that are not approved for use by the Secretary of State within one hundred
eighty (180) days of the end date of this contract, shall revert to the Secretary of State.
5.If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program,
the State shall have the option to either cancel this Agreement with no liability occurring to the
State, or offer an Agreement amendment to County to reflect any reduced amount.
6.This Agreement is subject to any restrictions, limitations or conditions enacted or promulgated by
the United States Government, or any agency thereof, that may affect the provisions, terms or
funding of Agreement in any manner.
7.County warrants by execution of this Agreement, that no person or selling agency has been
employed or retained to solicit or secure this contract upon agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by County for the purpose of securing---·--·---·---••r.·.m--·,trusih'E�S's:·For breach or violation of this warranty,-the-State·shalltill addition· to other ·remedies
provided by law, have the right to annul this contract without liability, paying only for the value of
the work actually performed, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
8.Nothing contained in this Agreement or otherwise, shall create any contractual relation between the
State and any subcontractor or vendor, and no subcontractor shall relieve County of its
responsibilities and obligations hereunder. County agrees to be as fully responsible to State for the
acts and omissions of its subcontractors and of persons either directly or indirectly employed by
any of them as it is for the acts and omissions of persons directly employed by County. County's
obligation to pay its subcontractors is an independent obligation from the State's obligation to make
payments to County. As a result, State shall have no obligation to pay or to enforce the payment of
any moneys to any subcontractor or vendor of County.
9.If a county uses funding provided to it for activities described in Exhibit A -SCOPE OF WORK,
Section E -USE OF FUNDS, #8, and those activities do not result in a voting system certified by
the Secretary of State to comply with the California Voting Systems Standards by July 1, 2023, the
county shall return the state funding provided for those activities to the State. If the county does not
return the funding by June 30, 2024, the State Controller shall withhold any payment to the county
in an equivalent amount, as directed by the California Department of Finance.
ADDITIONAL PROVISIONS
EXHIBIT E
(Standard Agreement)
Secretary of State Policy Regarding Political Activity in the Workplace
SECRETARY OF STATE POLICY REGARDING POLITICAL ACTIVITY IN THE WORKPLACE
Fresno County
18G30110
Page 1 of 2
The Secretary of State is the state's chief elections officer. It is, therefore, imperative that staff in the
Secretary of State's Office, and those who contract with the Secretary of State's Office, refrain from
engaging in any political activity that might call into question the office's impartiality with respect to
handling election issues. Accordingly, the policy of the Secretary of State's Office with respect to political
activity in the workplace, a copy of which will be given to every employee in the Secretary of State's office
and incorporated as an attachment to contracts with the Secretary of State's Office, is as follows:
1)No employee of or contractor with the Secretary of State's Office shall engage in political
campaign-related activities on state-compensated or federal-compensated time, except as
required by official duties, such as answering inquiries from the public. In those cases where the
-- --. -,-- - --------... -----.contractor with .the Secretary.of State'.s. O.fficeJs..a.courty, .. the. term '.'co11tractor". shall.apply only to ________ .
county elections office employees, county employees redirected to work temporarily for the
county elections office, or any person, firm, company or business that provides reimbursable
election-related services to a county elections office in furtherance of a contract. This prohibition
shall not apply while an employee is on approved vacation or approved annual leave. This
prohibition shall not apply to activities engaged in during the personal time of an employee.
2)No employee of or contractor with the Secretary of State's Office shall use any state property in
connection with political campaign activities. It is strictly prohibited to schedule political
campaign-related meetings or to conduct political campaign-related meetings in state office
space, even if after normal working hours.
3)No employee of or contractor with the Secretary of State's Office shall use his or her official
status with the Secretary of State's Office to influence political campaign-related activities or to
confer support for or indicate opposition to a candidate or measure at any level of government.
4)No employee of or contractor with the Secretary of State's Office may be involved with political
campaign-related telephone calls, letters, meetings or other political campaign-related activities
on state-compensated or federal-compensated time. Requests by employees to switch to
alternative work schedules, such as 4-10-40 or 9-8-80 work weeks, or to take vacation in order to
accommodate political campaign-related activities or to attend political campaign functions, will be
judged in the same manner and on the same basis as any other requests of this nature (i.e.,
existing needs of the office and discretion of the division chiefs).
5)The receipt or delivery of political campaign contributions or photocopies thereof on state property
is strictly prohibited, as is the use of office time or state resources (e.g., intra-office mail or fax
machines) to solicit or transmit political campaign contributions.
6)No employee of or contractor with the Secretary of State's Office may authorize any person to
use his or her affiliation with the Secretary of State's Office in an attempt to suggest that the
employee's or contractor's support or opposition to a nomination or an election for office or a
ballot measure is of an "official," as distinguished from private, character.
7)No employee of or contractor with the Secretary of State's Office may display political campaign
related buttons, posters, or similar materials in areas visible to individuals who are in public areas
of the Secretary of State's Office; nor may an employee of or contractor with the Secretary of
State's Office display political campaign-related posters or other materials on windows facing out
of the state office building.
EXHIBIT E
.(Standard Agreement}
Fresno County
18G30110
Page 2 of 2
8)No employee of or contractor with the Secretary of State's Office may use official authority or
influence for the purpose of interfering with or attempting to affect the results of an election or a
nomination for any public office.
9)No employee of or contractor with the Secretary of State's Office may directly or indirectly coerce
or solicit contributions from subordinates in support of or in opposition to an e lection or
nomination for office or a ballot measure.
10)An employee who is paid either partially or fully with federal funds, including the Help America
Vote Act of 2002 (HAVA), is subject to the provisions of the federal Hatch Act, and is, therefore,
prohibited from being a candidate for public office in a partisan election, as defined in the federal
Hatch Act. However, any employee who is to be paid either partially or fully with funds pursuant
to HAVA, shall first be consulted about the proposed funding and be informed about the
prohibitions of the federal Hatch Act. The employee, whenever possible, shall be given the
opportunity to engage in employment that does not involve HAVA funding.
11)Provisions limiting participation in political campaign-related activities as provided for in this policy
statement shall be included in every contract with the Secretary of State's Office .
. -· --.-•· ......... . •· ·---• ·• -·· ·-•-------·---· ____ ., _______ -.--.-�•••-,..,-••,._ .• -- •• _ . ., ... __ . __ _ ·····-..... ---.•••• ,._. ---- ·· ·-· --··------- ----�------------· --·---··-· ---!." -···
If you have questions concerning these restrictions, please refer them to the Secretary of Sta te Office
contact person listed in Exhibit A -SCOPE OF WORK.
Exhibit G
STATE OF CALIFORNIA· SECRETARY OF STATE
CONTRACTOR VOTING SYSTEM REPLACEMENT ACTIVITY REPORT
NAME COMPANY NAME
Contract Number: Location (Sacto/LA)
VOTING SYSTEM REPLACEMENT AtTIVITY HOURS 31 10 I 11 12 I 13 I 14 15 I 16 17 I 18 I I 19 I 20 I 21 I 22 I 23 I 24 I 25 I 26 I 27 I 28 I 29 I JO I 31
. 9 10
11
12 13 14 15 . 16
17 18 19 20 21
22 23
24
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18G30110
Page 1 of 1
Month/Year Voting System Replacement Coordlnator"s Approval
PROGRAM TIME REPORTING
DELIVERABLE NAME ORG HOURS
(Taken from proposal and contract) 0.0
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 -
0.0 MONTHLY I TOTAL 0.0