HomeMy WebLinkAboutIntergovernmental Agreement
Augusta Richmond GA
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YEAR: ;;20D9..
BOX NUMBER: } it>
FILE NUMBER: Il..e 3D ~
NUMBER OF PAGES: 1 <6'
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Secretary of State
214 State Capitol
Atlanta, Georitia 30334
Cathy Cox
SECRETARY OF STATE
August 2, 2002
County Commissioners
Dear County Officials:
As you are aware, Georgia is leading the nation in election reform. Thanks to the
vision and support of our General Assembly, as well as the hard work of you and your
local election officials, we are embarking on a bold new statewide voting initiative to
implement a uniform voting system in every precinct of the state by November 5, 2002.
The task of training election staffs and educating voters is indeed a tremendous challenge,
but is a challenge that is being received enthusiastically throughout the state.
To achieve the goal before us, the State of Georgia acquired an electronic voting
system through an intensive procurement process that will be provided to you -- at no
cost .- in quantities base'd upon industry standards, recomm~ndations from other states,
and the level of active registered voters on April 1, 2002.
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In order to participate in the statev.~de voting initiative and to assure consistency
in deployment and use of the voting system, each county will need to follow the terms of
an 'Intergovernmental Agreement' attached hereto. As you will note, the general terms
of the agreement are based on the requirements of the Georgia Election Code, as well as
rules and regulations that arc clJrrently being implemented by the State Election Board.
The terms of the Intergovernmental Agreement cover the ownership, delivery, care and
maintenance, use, insurance, risk management and warranty coverage on the voting
syst~ql.
The agreement goes further to address training, technical support and reporting
requirements that are important to ensure not only a secure and accurate election this
November, but also to ensure your understanding of and comfort with the new voting
system. As such, the terms, conditions and requirements of the Intergovernmental
Agreement require your adherence, without deviation, in order to achieve uniformity
throughout the state and for every Georgia voter.
(404) 656-2881 . (404) 656-0513 FAX. soswebOsos.state.ga.us. www.sos.state.ga.us
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County Commissioners
August 2, 2002
Page Two
You should note that your election officials have already experienced training on
the use of the voting system, and some have r:eceived delivery of several system
components. Voter education programs have started throughout the State and "Regional
Voter Education Coordinators" have been in touch with your election officials to
coordinate voter outreach efforts in your county, as well as the hiring of a "County
Coordinator" with proceeds of a state grant (as provided in the Intergovernmental
Agreement) that will be forthcoming.
Please review the Intergovernmental Agreement and attached Exhibits, execute
the required documents and return them to the attention of Linda Beazley, State Elections
Division Director, within 30 days from receipt of this correspondence. Upon receipt of
the executed agreement, as well as an executed copy of Exhibit C, we will move forward
in implementing other provisions of the agreement, including suggestions and financial
resources for local voter educational support.
Your participation and cooperation in this new and bold statewide voting
initiative will assure Georgia's place as a leader. I appreciate your partnership.
Thank you for working toward a successful November 5th!
Sincerely,
~
Cathy Cox
c: County Attorney
. County Election Superintendent
Jim Grubiak, Association of County Commissioners of Georgia
mTERGOVERNMENTALAGREEMENT
Checkli'st of Items to be Completed
1. INSERT COUNTY NAME IN THE BLANK. SPACE ON PAGE 1 OF THE AGREEMENT~
2. INSERT THE NAME OF THE COUNTY LIAISON, ALONG WITH REQUESTED
CONTACT INFORMATION, IN SECTION 12.4 OF THE AGREEMENT;
3. IN SECTION 15.2, ENTER THE COUNTY NAME & HAVE THE APPROPRIATE
COUNTY OFFICIAL EXECUTE THE AGREEMENT & RETURN TO LINDA BEAZLEY
AT THE FOLLOWING ADDRESS BY SEPTEMBER 4. 2002~
Linda Beazley
State Elections Director
Office of Secretary of State
2 Martin Luther King, Jr. Dive, S.E.
Suite 1104 - West Tower
Atlanta, Georgia 30334
4. COMPLETE THE "VOTER EDUCATION GRANT FORM" (EXHIBIT "C") & RETURN
ALONG WITH THE EXECUTED INTERGOVERNMENTAL AGREEMENT;
5. EXHIBIT "B" SHOULD BE COMPLETED AS VOTING SYSTEM COMPONENTS ARE
RECEIVED, i.e., the DRE units, the Optical scan units, the Server units, the VWD Units and
the Encoder cards (voting system components) are being delivered in staggered phases;
therefore, upon receipt of each component, the election official should record the serial
numbers onto the inventory log. Upon receipt of the final component of the voting system,
the Inventory Log should be completed and signed by the County Election
Superintendent and returned to Linda Beazley at th~ above-noted address.
6. THE "L&A TESTING REPORT' (EXHIBIT "D") SHOULD BE COMPLETED
IMMEDIATELY FOLLOWING L&A TESTING (which will take place just prior to the
November election) BEING CONDUCTED BY DIEBOLD AND THE COUNTY. THE TEST
REPORT SHOULD BE SIGNED BY THE ELECTION SUPERINTENDENT AND THE
DIEBOLD TECHNICIAL SUPPORT TECHNICIAN AND FAXED TO KATHY ROGERS
AT (404/651-9531) WITHIN 24-HOURS OF TEST COMPLETION;
7. EXHIBIT "E" SETS FORTH THE NAMES OF PRINTERS WHO HAVE QUALIFIED AS
CAPABLE OF PRINTING THE PROVISIONAL AND ABSENTEE BALLOTS. ONE OF
THESE PRINTERS SHOULD BE CONTACTED TO ARRANGE THE PRINTING OF
YOUR PROVISIONAL AND ABSENTEE BALLOTS, COUNTIES MAY ALSO DESIRE
TO CONTACT DIEBOLD (AS NOTED IN SECTION 10.1) TO FIND OUT IF OTHER
PRINTERS HAVE BEEN QUALIFIED. ALSO, THE COUNTY MAY CONTACT
DIEBOLD DIRECTLY FOR ASSISTANCE IN OBTAINING BALLOTS;
8. EXHIBIT "A" ADDRESSES THE STORAGE OF THE VOTING COMPONENTS AND
SHOULD BE STRICTLY ADHERED;
IF YOU HAVE ANY QUESTIONS REGARDING ANY OF THE ABOVE, PLEASE CONTACT
THE STATE ELECTIONS DIVISION: Clifford Tatum, State Elections Division Attorney at 404/657-
5352.
10.
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT memorializes the terms and conditions
under which the State, as determined by the Secretary of State (hereinafter "the Secretary of
State"), is furnishing a uniform system of direct electronic votin equipment (hereinafter "Voting
System") and certain services and grant funds to R; c..h.nuo 1\ County (hereinafter "the
County") as part of implementing a uniform statewide voting system under a.c.G.A. ~ 21-2-
300.
WHEREAS, the General Assembly of the State of Georgia has authorized the Secretary
of State to provide a Voting System for the casting and counting of electoral votes in County,
State and Federal elections in the State of Georgia and has further provided for and authorized
the financing for the purchase of the Voting System;
WHEREAS, with proceeds from State general obligation debt issued by the Georgia
State Financing and Investment Commission, the Secretary of State has, pursuant to a contract
dated May 3,2002 (hereinafter "Contract"), procured the Voting System that includes election
management software, direct recording electronic voting devices, optical scanners for use in
tabulating absentee and provisional ballots, and visually impaired voting devices; and as part of
the Contract, the Secretary of State has also procured services that include Voting System
training, software and technical support, and election database and ballot preparation (hereinafter
referred to as "Training" or "Services") for the initial use of the Voting System in the November,
2002 General Election in the State of Georgia;
WHEREAS, the Secretary of State has determined to allot the direct recording electronic
voting devices of the Voting System (hereinafter "DREs") among the counties according to a
ratio of one DRE for every two hundred active, registered voters listed on the State's Voter
Registration System for each county as of April 1, 2002, as well as one optical scanner per
County, and one visually impaired voting device per polling precinct;
WHEREAS, because the Voting System has been acquired with proceeds of State bonds,
the State shall have the ownership of the Voting System and through the Secretary of State
proposes to loan the Voting System to the County for use in the November 2002, General
Election; and
W,HEREAS, the Secretary of State accordingly has arranged for the allotted number of
DREs based on the above formula and other components of the Voting System and Services to
be delivered directly to the County pursuant to a deployment schedule under the Contract.
NOW, THEREFORE, the Secretary of State shall provide the County with its portion of
the Voting System described herein along with certain Services and grant funds, subject to the
terms and conditions set forth herein:
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1. Scope of Agreement.
1.1 Subject to and under the "Intergovernmental Contract Clause" of the Georgia
Constitution, the Secretary of State is tendering the loan of the County's portion of the
statewide uniform Voting System described herein, and the County is borrowing the
Voting System for use in the November 2002, General Election and other elections
thereafter as are held from time to time. The loan of the Voting System is revocable and
subject at all times to the direction of the Secretary of State to return or permit
modification or replacement of all or a portion of the Voting System pursuant to her
written instructions.
.1.2 In order to participate in the uniform statewide voting initiative enacted by the General
Assembly, the County must accept the terms of this Agreement, which acceptance will be
indicated by taking delivery of the Voting System or any component thereof, by
participating in the Training offered to County Election Officials on the use of the Voting
System, by accepting Services offered to County Election Officials, by accepting the
grant funds for voter education described below or by the return of an originally executed
counterpart of this Agreement to the Secretary of State, whichever first occurs.
2. Delivery and Storage of the Voting System.
2.1 The Vendor has undertaken to deliver the Voting System to the County pursuant to the
deployment schedule as proposed by the Vendor in the Contract referenced above, and as
may be modified upon mutual agreement of the Vendor and the Secretary of State. The
County shall designate a specific location or locations for delivery and storage
conforming to requirements of the Contract, Vendor and the Secretary of State.
2.2 As required by O.C.G.A. 921-2-379.9, the rules and regulations promulgated thereunder,
and instructions provided by the Secretary of State, the County shall take full
responsibility for the care, storage, and use of the Voting System.
2.3 The County shall comply with the instructions for the storage, care, maintenance and use
of the Voting System. The instructions include, but are not limited to, requirements for
adequate electrical supply, climate-controlled storage and other specifications set by the
Vendor in Exhibit "An attached hereto. The County shall protect the Voting System from
theft, damage, tampering and any other improper use not specifically set forth herein.
2.4 The County shall acknowledge and confirm receipt, possession, and storage of all
components of the Voting System received pursuant to this Agreement including the
physical address of the location where the components will be used during election
periods and stored during non-election periods. The County's confirmation shall be in
the form of an inventory log reflecting the type of components received, the number of
components received, and the serial number for each component received along with the
physical location of each component during use and storage. The inventory log shall be
in a form similar to Exhibit "B", except that the form should contain locations of the
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equipment and should be signed by the appropriate County election official and returned
to the State liaison listed in Section 11.4 no later than October 25, 2002.
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2.5 Should it become necessary to relocate the Voting System or any component of the
Voting System from one facility to another, the County shall notify the Secretary of State,
the Elections Division and any designee of the Secretary of State in writing regarding the
reason for the relocation and the proposed new location. Under no circumstances shall
the County relocate the Voting System or any component of the Voting System until.
written authorization has been received from the Secretary of State, except in emergency
situations beyond the control of the County. Any location must conform to the
requirements set forth in this Agreement.
3. Use of Voting System.
3.1 The primary purpose and use of the Voting System shall be for County, State, and
Federal elections as well as for municipal elections in which a written intergovernmental
agreement or contract exists between the County and the municipality establishing that
the County will provide election services to the municipality. The County may allow the
municipality to use the Voting System in local elections, provided the municipality has
had adequate training in the use and care of the Voting System and adequate and
appropriate technical support is available for preparation and administration of the
election. The County is further authorized to utilize the Voting System for other legal
purposes, including other local elections not specifically mentioned herein, provided
these uses do not violate the Georgia Elections Code or the rules and regulations
promulgated thereunder or interfere with the primary use of the Voting System.
3.2 The County shall follow all procedures regarding the use of the Voting System as
provided for in the Georgia Election Code and any rules and regulations promulgated
thereunder, as well as any provisions or rules promulgated by the Secretary of State.
3.3 Pursuant to a.c.G.A. ~ 21-2-300(b), the County shall provide polling places for the
operation of the Voting System that have a sufficient number of electrical outlets and
adequate electrical power and telephone lines as required by the aforementioned rules and
regulations and further supplemented by Vendor specifications for the proper use of the
Voting System.
3.4 The County shall use the Voting System to conduct elections in the polling place as well
as for absentee and provisional voting. The optical scanner units acquired, as part of the
Voting System, shall be used to tabulate absentee and provisional ballots. Any existing
optical scanner units in the possession of the County shall not be used to tabulate
absentee and provisional ballots.
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4. Relationships.
4.1 Only the Secretary of State shall have privity of contract with the Vendor of the Voting
System described herein, except in those instances in which the County may make
separate purchases under the Contract for its own account.
4.2 Pursuant to the aforementioned Contract, the Secretary of State has negotiated and
arranged for special pricing to be available to the County for the purchase of additional
Voting Systems and Services, including but not limite~ to additional DREs, optical
scanners, voting equipment training, voting equipment maintenance, warranty coverage,
technical support, and other items not specifically mentioned herein. The County is
authorized to use the special pricing under the provisions of the State's Contract. The
Secretary of State may provide advice and recommendations to the County on any
purchases, if requested by the County; however, any costs incurred by the County for the
purchase of any additional Voting Systems, Services or components of the Voting
System are the sole responsibility of the County. '
4.3 The ability of the County to use the negotiated prices under the provisions of the State
Contract for the purchase of additional Voting Systems, or any components of the Voting
System, including equipment, software, Services or warranties shall not modify the
existing relationship between the County and the Secretary of State nor shall it modify
this Agreement in any manner.
5. Insurance, Risk Management and Warranty.
5. 1 Beginning when the State accepts ownership of the Voting System from its Vendor under
the Contract, the Secretary of State will arrange with the Department of Administrative
Services to cover the Voting System under the "Property Program," by which the State's
Risk Management Services Division insures or self-insures state property against various
hazards. The Secretary of State will advise the County before the end of State Fiscal
Year 2003 whether the Secretary of State will continue coverage for the State Fiscal Year
2004. The County shall take all reasonable steps to protect the Voting System from theft,
damage, tampering, and any other improper use not specifically mentioned herein while
in storage or in use during an election pursuant to the Georgia Election Code and any
rules and regulations promulgated thereunder.
5.2 Because O.C.G.A. ~ 21-2-300 requires a uniform Voting System, the County shall not
modify the Voting System in any manner, including but not limited to, the attachment of
additional devices, or the installation of any software or cards not approved or authorized
by the Vendor and certified by the Secretary of State, unless such modifications have
been authorized by the Secretary of State in writing. The County may not upgrade the
Voting System with software or firmware versions or other functions of the Voting
System without explicit approval of the Secretary of State. Any proposed upgrades must
have passed Georgia certification requirements. Any authorization to modify or upgrade
the Voting System in any manner must be in writing from the Secretary of State.
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5.3 As provided in the Contract, the Secretary of State has acquired an initial warranty plan
for the Voting System provided to the County, which shall expire one year from the date
of "Final Acceptance of the Statewide Voting System." Final Acceptance will occur
when the Secretary of State has determined to her reasonable satisfaction that the Vendor
has satisfactorily completed all Deliverables then required to have been performed
through November 2,2002, and the statewide Voting System has passed Logic and
Accuracy Testing (hereinafter &&L&A Testing") in each County.
5.4 Under the Contract, the County may extend the warranty plan prior to expiration of the
plan. The cost to extend the warranty plan shall be the sole responsibility of the County.
The Secretary of State is not responsible for providing any extended warranty coverage
on the Voting System.
5.5 Any additional purchases or lease acquisitions of the Voting System acquired by the
County using County resources shall be identified separately by serial number and shall
be owned by the County and will be the sole responsibility of the Courity; any such
equipment will be subject to the same care, maintenance and use provisions of the
Georgia Election Code and any rules and regulations promulgated thereunder.
5.6 The County assumes all responsibility for the proper care, maintenance, and storage of
additional Voting Systems or components thereof obtained with County funds; however
the care, maintenance and storage of any additional Voting Systems or components
thereof, acquired by the County shall not reduce or displace the care and maintenance
required for the Voting System allotted to the County by the Secretary of State.
5.7 The Secretary of State and the County shall each be independently responsible for
carrying out its official responsibilities at its own sole cost, risk, expense and
responsibility with respect to activities under or related to this Agreement.
6. Technical Support.
6. 1 As required by a.c.G.A. ~ 21-2-300(c), the County shall provide or obtain adequate
technical support for the installation, set up, and operation of the Voting System for each
primary, election, and special primary and special election as the Secretary of State shall
determine by rule or regulation. Pursuant to the Contract, technical support services will
. be provided by the Vendor to the County for elections held during the 2002 General
Election through the 2004 General Primary Run-off: however, this technical support will
be gradually phased out over a 2 year period eventually terminating by the 2004 General
Primary Run-off, as provided in the Contract.
7. Voting System Training.
7.1 The County will participate in the Training required by a.c.G.A. ~ 21-2-300(d) and
provided by the Vendor under the Contract in order to train election officials and poll
workers in the proper use of the Voting System. The County shall participate in every
phase of training offered by the Vendor and any subsequent training conducted by the
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Vendor or the Center for Election Systems or any other agent as may be identified by the
Secretary of State. Nothing in this paragraph shall preclude the County from entering
into an agreement with the Vendor to conduct training, provide technical support, or
other related services, which shall be the sole responsibility of the County.
7.2 The County shall bear the costs, including transportation, subsistence, and lodging,
incurred by its election and registration officials in attending courses taught by or
arranged by the Secretary of State for instruction in the use of the Voting System. The
County shall send not less than two (2) members f!om its Election stafffor training with
the understanding that these members will assist the County in conducting training for its
remaining electioQ. officials.
8. Voter Educational Funding.
8.1 As a participant in the statewide voting initiative, the County shall be eligible to receive
an allocation of grant money for voter educational purposes from the Secretary of State.
The County's allocation will be based pro rata by formula on the number of active
registered voters registered in the County as of April 1, 2002.
8.2 Within 30 days of receipt of this Agreement the County shall provide the Secretary of
State with the infonnation requested in the Voter Educational Grant Allotment Form
attached hereto as Exhibit "C". As a condition of receipt and use of the voter educational
funding, the County promises to give the County Election Superintendent complete, .
discretionary access to the full amount of the grant, and the County Election
Superintendent must apply the grant money allotted to the County for use in the 2002
General Election cycle for voter educational purposes only.
8.3 The County Election Superintendent shall utilize all or a portion of the grant funds to
retain a county level voter education coordinator who will work in cooperation with the
State level voter education coordinators for uniform, consistent and broad-based voter
educational programs.
9. Reporting Machine Tests and Election Results.
9.1 The County shall provide the following reports to the Secretary of State:
(a) Upon completion of the L&A Testing for the November 2002, General Election, the
County shall forward, via facsimile, the L&A Testing Report attached hereto as
Exhibit "D" to the Secretary of State within 24-hours of the test being concluded.
This report will assist the Secretary of State in determining acceptance of the Voting
System from the Vendor and establishing warranty and insurance coverage relating to
the Voting System. .
(b) For the purposes of election night reporting, the County shall provide to the Secretary
of State via modem, facsimile or any other means necessary, the consolidated election
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results of all races held in the County. The County shall make the arrangements
necessary to perfonn this activity.
(c) In the event modem or other electronic means of reporting election results are not
available on election night the County shall utilize any of the alternative reporting
methods required or permitted under the Election Code or the rules and regulations
promulgated thereunder to submit election results to the Election Division of the
Secretary of State on election night.
10. Absentee and Provisional Ballot Printing.
..1 0.1 In order to obtain unifonn election results and to confonn to warranty requirements,
County shall obtain Absentee and Provisional Ballots that meet the required printing
specifications established by the Vendor. These specifications must be-met in order for
the ballot to be read by the optical scanner voting devices. As a matter of infonnation to
the County, without representation or warranty by the Secretary of State, the Vendor
qualifies that certain printers identified in Exhibit "En possess the capability to meet the
required printing specifications. The required printing specifications may be obtained
directly from the Vendor, Diebold Election Systems, Inc., by contacting Barry Herron,
Vice President of Sales and Marketing (800-433-8683), Diebold Election Systems, Inc. at
1611 Wilmeth Road, McKinney, Texas 75069.
10.2 The County acknowledges that its failure to obtain ballots that meet the required ballot
specifications may hinder the effectiveness and accuracy of the Absentee and Provisional
Ballot System, and may make warranties and technical support difficult or impossible to
enforce under the Contract. Furthennore, the County acknowledges that obtaining ballots
from a printing vendor that is not qualified or capable of meeting the required ballot
specifications may jeopardize the County's ability to meet its responsibility for
production, support and recovery of election results for the optical scan ballots.
11. Election Database and Ballot Preparation. (Service Bureau).
11.1 As part of the Services available to the Counties, in order to facilitate the use of the
Voting System and to provide safeguards in the conduct of the Election, the Secretary of
State has arranged for the Vendor to create the Election Database and Ballots necessary
. for DRE voting in each county in the November 2002, General Election and any
subsequent runoffs to that election ("Service Bureau").
11.2 Whether the County Election Superintendent chooses to use the Service Bureau or to
build the Election Database and Ballots for each precinct, the County Election
Superintendent, shall provide Election Database and Ballot information to the Vendor
within 3 business days upon request from the Vendor acting under direction of the
Secretary of State. The infonnation shall include all infonnation necessary to build the
Ballots needed for each precinct withi~ the County for the November 2002, General
Election and any subsequent runoffs to that election.
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11.3 The County Election Superintendent shall proof the Election Database within 2 business
days of receipt from the Vendor. The County Election Superintendent shall proof the
Ballot created by the Vendor within 24-hours of receipt of the Ballot proof from the
Vendor. The County Election Superintendent shall provide the Vendor and the Secretary
of State with written verification that the Database and Ballot for each precinct contains
accurate information for use in the November'2002, General Election.
11.4 It is the sole responsibility of the County Election Superintendent to have the County's
November 2002, General Election Database and precinct Ballots verified for use in the
November 2002, General Election. .
11.5 The Secretary of State shall not be responsible for verifying the accuracy of the County's
Election Database or precinct Ballots or for any County errors found within the Database
created by the Service Bureau or the County.
12. Miscellaneous.
12.1 Upon confirmation that the Voting System is in place and properly working, and upon the
successful completion of the November 2002, General Election, the County may dispose
of its existing voting equipment being replaced by the Voting System. Any revenue
obtained from the disposal of the County's existing voting equipment shall be retained by
the County and used in any manner determined by the County.
12.2 The County shall give immediate notice by telephone to the Elections Division Director
of the Secretary of State of any open records request for any computer programs,
computer software or any other documents or materials relating to the Voting System.
The County acknowledges that computer programs and computer software may be
exempted from disclosure when meeting the definitions and provisions ofO.C.G.A. ~ 50-
18-72(f) and that an open records request may affect State or Vendor rights. The County
. shall deliver to the Elections Division Director a copy of any written open records request
received by the County promptly by electronic facsimile or in any event within 24-hours
of its receipt the request. In so far as possible, the County will allow the Secretary of
State prior opportunity to comment on the County's response to any open records request
within this paragraph; however, such review shall be for the convenience of the Secretary
of State, without responsibility or liability to the County.
12.3 The County will comply with all laws, rules and policies applicable to its activities under
this Agreement.
12.4 The County and Secretary of State will each coordinate and conduct their ordinary
communications through liaisons designated by them. The Secretary of State initially
designates the following person listed below as her liaison under this Agreement. The.
County shall provide to the Secretary of State's Liaison, within 10 days from receipt of
this Agreement, the name and contact information of its liaison for purposes of this
Agreement:
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F or the Secretary of State:
Kathy Rogers, Deputy Director of Elections
2:MLK Jr. Drive, Suite 1104 West Tower
Atlanta, Georgia 30334
Telephone: 404-656-2871
FacsUnile:404-651-9531
E-mail: KRogers@sos.state.ga.us.
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For the County: R i U\. N..cl It 01_
(Address: 5".30 ~.f'fen't! S"- 'I
Telephone: 1 0", 5'till ... ~a 'II)
Facsimile: " f) C. 9""" - fA f" "I
E-mail: fltJo.i/rty~to.(..clItAJmd.5q.LA 5
13. Venue.
13.1 Any suit between the Parties respecting to or relating to this Agreement must be brought
in the Superior Court of Fulton County, Georgia, and the County irrevocably consents to
the jurisdiction of the Superior Court of Fulton County and waives any objection it may
now or later have to venue.
14. Exhibits.
14.1 The Exhibits annexed to this Agreement are hereby incorporated into it by reference.
15. Entire Agreement.
15.1 This Agreement contains the entire agreement between the parties with regard to its
subject matter and supersedes all other prior and contemporaneous agreements and
understandings between the parties. This Agre~ment may not be amended or modified
except in writing by the Secretary of State.
15.2 The Secretary of State has signed a master copy of this Agreement with the intent that her
facsimile signature shall act as an original for this Agreement.
. In witness whereof, the parties have caused their hand and seal as follows, or have
otherwise indicated their acceptance of this Agreement, as provided above:
CATHY COX
SECRETARY 0
STATE Ci:3P
ON BEHALF OF ~ rtflh1f~""'~ COUNTY
S OF GEORGIA
COIJ Name:
I~'II/" Title:
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EXHIBITS
A. STORAGE GUIDELINES
B. INVENTORY LOG
C. VOTER EDUCATIONAL GRANT ALLOTMENT FORM
D. L&A TESTING REPORT
E. VENDOR CERTIFIED BALLOT PRINTERS
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EXHIBIT "A"
STORAGE OF THE ACCUVOTE- TS
AND
STORAGE REQUIREMENTS
As instructed by the Vendor, AccuVote-TS should be stored with the printer
cover plate installed, the LCD lowered, each unit either in a collapsed poll booth/carrying
case or designated shipping packaging. Preferably, each unit is assigned a unique
shelving location with access to AC power for convenient battery charging. Units should
also be stored so that any individual unit may be removed from the storage subject with a
minimum amount of rearrangement of other units. The Accu V ote- TS may be stored in
any enclosed and habitable facility ordinarily used as a warehouse or polling place,
subject to a storage temperature of between +50 and 400 Celsius, and a relative humidity
of between 35 and 85% (with no dew condensation).
. Workspace:
Units should be stacked no more than 5 high
20 amp circuitry (dropped from ceiling is preferred to enable easy
access to cords) See attached circuitry diagram
Warehouse should be comfortable for workers
Approximately 3 ~ feet per unit (stacked 5 high) to accommodate
storage, movement, and testing of units
Standard tables
. Stacking:
. Wrring:
. Temperature:
. Floor space:
EXHIBIT "B"
INVENTORY LOG FOR VOTING SYSTEM
Direct recording electronic voting devices (ORE units)
Optical scanner voting devices (OS Units)
Visually impaired voting devices (VWD units)
Encoder Cards
Server
County Name: R'-th. t\\..G n d I
Address/Zip: S 3 0 6-r e1!n f ~ i . I fLM. 10 4- , A IA.~ Lt 6 ~ 1 Q- 11
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DRE Units: Total number of Units ----LL-.
List serial numbers below:
Storage Location: For f! 5 .,. /J ,. liS
e J!'AI.. ~ cJtlJO I
OS Units: Total number of Units
List serial numbers below:
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.
Storage Location:
VWD Unit: Total number of Units ~
List serial numbers below:
Storage Location:
Encoder Cards: Total number of Units -?
List serial numbers below:
Storage Location:
Server Units: Total number of Units --L-
List serial number below:
SIGNED BY COUNTY
NAME: L..... nn
Date:
Storage Location: Fe r~ 6-1 ~1J,. 115
. c/'e~' 6Jt401
LE~ONSUPERINrENDENr:A~~. ~
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Secretary of State
2 Martin Luther King, Jr. Drive
1104 West Tower
Atlanta, Georgia 30334
Cathy Cox
Secretary of State
EXHIBIT "C"
VOTER EDUCATIONAL GRANT ALLOTMENT FORM
In accordance with Section 8 of the Intergovernmental Agreement between the
County and the Secretary of State, County is submitting the following information in
request for Voter Educational Grant Funding.
COUNTY NAME:
R; c.,^ N..D 11 J
COuNTy TAX ID NUMBER: SSJ - ~~ D cf ~ 'I 'f
CITY ADDRESS/ZIP: 5" 30 &l'fel1 e 6+., RMJJocf
A.~ U 6 .J-&, 6-11 3D q 1/
The County promises to give the County Election Superintendent complete
discretionary access to the full amount of the Grant, and the County Election
Superintendent shall apply the grant money allotted to the County for use in the 2002
General Election cycle for voter educational purposes only.
The County Election Superintendent shall utilize all or a portion of the grant.
funds to retain at least one local voter education coordinator who will work in
cooperation with the State level voter education coordinators for uniform, consistent, and
broad-based voter education programs. The County shall provide the n~1' of the local
voter education coordinator contact information to the staff of the Secre " of State ~
EI~ctions Division no later than September 15, 2002. ( / 11-
SIGNED BY AUTHORIZED COUNTY AGENT: ~ !I'
I~ I '
PLEASE RETURN DOCUMENT VIA FACSIMILE AS SOON AS POSSmLE.
. .;
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Secretary of State
2 Martin Luther King, Jr. Drive
1104 West Tower
Atlanta, Georgia 30334
To b~
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D- I ~te~
Cathy Cox
Secretary of State
EXHIBIT "D"
L & A TESTING REPORT
County Name:
Address/Zip:
In accordance with Section 9 of the Intergovernmental Agreement between the
County and the Secretary of State, County submits Logic and Accuracy Testing
results as follows: .
L&A was performed on
Election.
. (date) for the November 5,2002, General
(#) DRE Units and (#) Optical Scan units were tested using
PCMCIA cards and memory cards prepared for use in the November 5, 2002, General
Election. This test included the loading of at least one PCMCIA card and one
memory card per precinct to the GEMS server from which sample reports were
printed verifying the accuracy of the ballot data, upload, vote tallying and reporting
software. As a result of this testing the County can confirm that: (Make one
selection)
(1)
accurate.
Logic and Accuracy testing was completed and found to be 100%
(2) Logic and Accuracy testing was conducted and the test results were not
100% accurate. The following defects, failures, malfunctions or problems occurred.
(Identify equipment by serial number and explain problem and solution in technical
detail. For example, if a machine failed, how did it fail, and was it replaced? If the
. machine was replaced, what is the serial number of the new unit?) Attach
explanation of inaccuracies on additional paper):
Please complete, sign and fax this form immediately to Kathy Rogers, Deputy
Director, Elections Division, 2 MI..J( Jr. Drive, Suite 1104 West Tower, Atlanta,
Georgia 30334, Phone Number: 404-656-2871; Facsimile: 404-651-9531.
SIGNED BY COUNTY ELECTION SUPERINTENDENT:
NAME: PHONE NUMBER:
FACSIMILE:
SIGNED BY DIEBOLD TECHNICAL SUPPORT TECHINICAN:
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E { E c'r ION' S" y S r.f M S
EXHIBIT "E"
July 29, 2002
Dear Georgia County:
We understand the short turn around time facing you after the September run off election.
The following printers have demonstrated to Diebold Election Systems in actual,
successful printing projects, their capability to produce timely, accurate absentee ballots
meeting the specifications or technical requirements for reading of such ballots by the
Diebold Election Systems Optical Scanners. These qualified printers have committed to
print your ballots timely and accurately:
Diebold Election Systems Printing Division
Fayetteville Office Supply
Midwest Printing
Hart
Thank you.
Diebold Election Systems, Inc.