Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000375

 

MEETING DATE:

06/25/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Registrar of Voters   (Approved)

Department contact person(s):

Bob Page (714) 567-7620 

 

 

Kim Hostler (714) 567-5107

 

 

Subject:  Renewal Amendment for Equipment Storage and Delivery

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: FY 2024-25 $517,167
FY 2025-26 $580,000
FY 2026-27 $62,833

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     GF: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         8/10/2021 #26

 

RECOMMENDED ACTION(S):

 

 

Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 1 to renew and amend Contract with PODS Enterprises LLC for Equipment Storage, Delivery & Pick Up, commencing on August 10, 2024, through August 9, 2026, for an amount not to exceed $1,160,000, for a revised cumulative contract total amount not to exceed $2,900,000.

 

 

 

 

SUMMARY:

 

Authorization to execute Amendment No. 1 to renew the Contract with PODS Enterprises LLC will allow the Registrar of Voters to continue to meet the requirements of election operations to deliver equipment and supplies to Vote Centers.

 

 

 

 

BACKGROUND INFORMATION:

 

Beginning in March 2020, through the Voter’s Choice Act, California Elections Code section 4005, the County implemented a new way to vote. Vote Center voting replaced traditional polling place voting, offering many enhanced services to voters for an extended voting period instead of just a single election day.

 

The Voter’s Choice Act established a formula to determine the number of Vote Centers required for each election. Currently, counties are required to provide at least one 11-day Vote Center for every 50,000 registered voters and one 4-day Vote Center for every 10,000 registered voters. These parameters may be adjusted in the future via legislation changes. The number of Vote Centers for each election is set by the number of registered voters on the 88th day before election day.

 

To better fit the new voting method, election equipment storage and delivery requires secure, lockable, weather-resistant storage containers as well as pre-election delivery and post-election pick up of storage containers safely and securely to all Vote Centers.

 

On September 17, 2020, the Registrar of Voters (ROV) entered into an emergency contract (CT-031-21010417) with PODS Enterprises LLC for PODS Containers and Services. They ultimately provided 175 containers for storing, delivering, and picking up Vote Center equipment and supplies. An additional inclusion into the contract was 40 containers for on-site storage at ROV due to physical distancing guidelines for COVID-19. The total cost of the contract was $319,235.

 

On February 20, 2021, ROV entered into a contract (PO-031-21011280) for 13 PODS containers for storing and delivering Vote Center equipment for the March 9, 2021, Second Supervisorial District Vacancy Election. The total cost of the contract was $13,143.

 

On May 11, 2021, a Request for Proposals (RFP) for Equipment Storage, Delivery & Pick Up was released and advertised on the County's online bidding system. One responsive proposal was received by the deadline. A three-member Evaluation Committee reviewed the proposal based on their experience and expertise; project approach; proposed compensation; staffing and organization; references; and their overall responsiveness and ability to meet County Model Contract Terms, Conditions, Attachments and Exhibits as outlined in the RFP.

 

The sole respondent, PODS Enterprises LLC, was recommended by the Evaluation Committee for selection by the Board of Supervisors. On August 10, 2021, the Board of Supervisors approved this Contract with PODS Enterprises LLC, for a term of three years with two one-year extension options. ROV is requesting approval of Amendment No. 1 to the Contract for a two-year extension of the original three-year term. Prior to Contract expiration, ROV plans to issue a solicitation to continue services. The Orange County Preference Policy is not applicable to this contract renewal.

 

This Contract does not include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.

 

PODS Enterprises LLC has provided services to the County of Orange for the last three years and PODS Enterprises LLC’s performance has been confirmed as at least satisfactory.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Amendment will be included in Budget Control 031 FY 2024-25 Budget and will be included in the budgeting process for future years.

 

The contract contains language allowing the Registrar of Voters to terminate the contract without penalty with cause or after 30 days of written notice without cause in the event that funding is reduced and/or not available to continue funding the contract.

 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A – Contract MA-031-21011799
Attachment B – Redline of Attachment A MA-031-21011799
Attachment C – Contract Summary Form
Attachment D – Risk Assessment Form
Attachment E – California Elections Code (§4005)