DATE: December 6, 2016
TO: Board of Supervisors
SUBMITTED BY: Brandi L. Orth, County Clerk/Registrar of Voters
SUBJECT: Without Cause Partial Termination of Agreement No. 13-268 with OPEX Corporation
RECOMMENDED ACTIONS:
TITLE
1. Consider and approve Without Cause Termination in part for remaining services to be provided by OPEX Corporation Agreement No. 13-268 for Mail Matrix Sorter maintenance and support.
2. Approve and authorize the County Clerk/Registrar of Voters to give sixty (60) days prior written notice to OPEX Corporation terminating in part Agreement No. 13-268 pursuant to the Without Cause provision of the Agreement effective February 5, 2017.
REPORT
Approval of the first recommended action will allow partial termination of the OPEX Corporation Mail Matrix Sorter Agreement pursuant to the Without Cause Termination clause of the Agreement. The OPEX Mail Matrix Sorter was intended to sort ballots for elections, and is at the end of its life cycle. The Department no longer uses the OPEX Mail Matrix Sorter. The second recommended action will allow the County Clerk/Registrar of Voters to provide the vendor with sixty (60) days prior written notice that the Agreement will be terminated in part in accordance with the Without Cause Termination clause (Paragraph 3, Section C) of the Agreement effective February 5, 2017. The Department will continue to use part of the Agreement for maintenance and support for two OPEX Model 51 Mail Extractors. There is no increase in net County cost associated with the recommended action.
ALTERNATIVE ACTION(s):
Should your Board not approve the recommended action, the County Clerk will continue to pay for maintenance and support of the OPEX Mail Matrix Sorter, which will cost the Department $10,744 for the period of February 6, 2017 through July 5, 2017. Maintenance is not required because the sorter is no longer used by the Department and has become obsolete. The Department currently uses Election Systems...
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