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Agenda Item
ASR
Control 22-000690 |
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MEETING DATE: |
08/09/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Registrar of Voters
(Approved) |
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Department contact
person(s): |
Bob Page (714) 567-7620 |
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Kim Hostler (714) 567-5107 |
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Subject: Renewal and Approval of
Contract Amendment for Voting System Maintenance
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$333,462 |
Annual Cost:
FY 2023-24 $415,759 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 09/10/2019
#28 |
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RECOMMENDED ACTION(S):
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1. |
Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 3 to renew and amend contract with Hart InterCivic, Inc. for maintenance of the Hart InterCivic voting system for two years at the cost of $415,759 per year, for a total not to exceed amount of $17,028,203 for the life of the contract. |
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2. |
Authorize the County Procurement Officer or Deputized designee to make future non-material changes to the contract within the scope of work that do not increase the total contract price. |
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3. |
Pursuant to Contract Policy Manual Section 3-113, authorize County Procurement Officer or authorized Deputy to exercise a contingency contract cost increase, not to exceed a total of 10 percent of the original contract amount, $1,539,559 for the entire term of the contract, including renewals, within the scope of work set forth in the contract. The use of this contingency contract cost increase is subject to approval requirements established by the County Procurement Officer. |
SUMMARY:
Approval of Amendment No. 3 to renew the contract for maintenance of Hart InterCivic, Inc. voting system will ensure the ability of the Registrar of Voters to administer fair, accurate, accessible, and transparent elections for the more than 1.8 million registered voters in Orange County.
BACKGROUND INFORMATION:
On September 10, 2019, following the completion of a competitive procurement, the Board of Supervisors (Board) approved the execution of a three-year contract with two one-year options to renew the contract with Hart InterCivic, Inc. to provide a complete voting equipment solution for the purchase of all voting equipment and continued maintenance support.
In response to voting trends and impacts arising from COVID-19 Registrar of Voters (ROV) utilized $913,593.29 of the approved contingency amount during the first term of the contract for the purchase of additional equipment and related implementation and maintenance services.
To ensure that the Voting System remains operational for the County’s elections, ROV is proposing continuation of these services in accordance with the 2021 Contract Policy Manual Section 3.3-107. This Amendment No. 3 will add the additional equipment purchased to the maintenance and service coverage of the original contract at an additional cost, as seen in Attachment D, Contract Summary. Additionally, this Amendment No. 3 will renew the contract for two years. Renewing the contract for two years is warranted given the County’s substantial investment in the original purchase of the voting system and the importance of ensuring that the County can maintain this voting system without interruption.
The Orange County Preference Policy is not applicable to this contract amendment.
The Contractor's performance has been confirmed as at least satisfactory. ROV has verified there are no concerns that must be addressed with respect to Contractors’ ownership/name, litigation status or conflicts with County interests.
The Contract does not currently include subcontractors or pass through to other providers. See Attachment D for Contract Summary Form.
Nonstandard Indemnification Provision
Minor exception was taken to the indemnification provision. CEO/Risk Management and County Counsel have approved the contract terms and determined the risk was acceptable, Attachment C is the Risk Assessment Form as approved by CEO/Risk Management.
FINANCIAL IMPACT:
Appropriations for this Contract are included in the FY 2022-23 Budget and will be included in the budgeting process for future years.
The contracts contain language allowing the Registrar of Voters to terminate the contracts 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 contracts.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Amendment No 3 to Contract MA-031-20010105
Attachment B – Contract MA-031-20010105
Attachment C – Risk Assessment Form
Attachment D – Contract Summary Form