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HomeMy WebLinkAboutIntergovernmental Agreement Augusta Richmond GA DOCUMENT NAME: .J: NT e-a. 50\1 'EO g rJ 1"\ Ef1J HI L f-J c;IU.GJn e;~ DOCUMENT TYPE: rt 9(2.ef::rl)f;.I\J, YEAR: ;;20D9.. BOX NUMBER: } it> FILE NUMBER: Il..e 3D ~ NUMBER OF PAGES: 1 <6' '. 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. , 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 ,. .. 'i 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: . 'I 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 2 " 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. 7 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. ., oJ 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. A -r 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 t: oJ 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 c v 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. .., I 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: o u 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. L 'I n f) /bo.,. Jf.lJ anA..' 'lOt/. ) 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: n ;;I EXHIBITS A. STORAGE GUIDELINES B. INVENTORY LOG C. VOTER EDUCATIONAL GRANT ALLOTMENT FORM D. L&A TESTING REPORT E. VENDOR CERTIFIED BALLOT PRINTERS ,,, 1V 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 3 oq I) 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: (! . 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~~. ~ ~ :J.- . . 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. . .; 8) . " -:-ffif: Secretary of State 2 Martin Luther King, Jr. Drive 1104 West Tower Atlanta, Georgia 30334 To b~ ~ ft.A(J l.,J -ed 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: c1J dd,le ~' D~ 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.