HomeMy WebLinkAboutC23-250 Dominion Voting Systems_second amendmentDominion Voting Systems Inc. Voting System Agreement
Second Amendment Page 1 of 4
SECOND AMENDMENT
TO THE VOTING SYSTEM ACQUISITION AGREEMENT
BETWEEN DOMINION VOTING SYSTEMS, INC.
AND EAGLE COUNTY, CO
This Second Amendment to the Voting System Agreement (“Second Amendment”) is
made and entered into as of this ____________ (the “Second Amendment Effective Date”) by
and between Eagle County, California (“Customer”) and Dominion Voting Systems, Inc., a
Delaware corporation (“Dominion”).
RECITALS
WHEREAS, on March 22, 2016, the Customer and Dominion entered into a Voting
System Acquisition Agreement (C16-082) (the “Original Agreement”);
WHEREAS, on March 1, 2022, the Customer and Dominion entered into a First
Amendment to the Voting System Acquisition Agreement (C22-154) (“First Amendment”)
(collectively the Original Agreement and First Amendment are referred to herein as the
“Agreement”); and
WHEREAS, the Customer and Dominion desire to amend the Agreement; and
THEREFORE, in consideration of the mutual covenants and obligations herein
contained, and other good and valuable consideration the receipt and adequacy of which are
hereby acknowledged, the Customer and Dominion agree as follows:
AMENDMENT
1. Recitals Incorporated. The above recitals are true and correct and incorporated
herein by this reference as if fully set forth.
2. Amendment of Paragraph 3. Paragraph 3 of the Agreement is amended to read
as follows:
“Term of Agreement. The Term of this Agreement shall begin on the Effective Date
and shall continue until December 31, 2023. This Agreement shall automatically renew
on an annual basis for an additional 4 years, subject to the license and warranty fees and
terms defined in Exhibit A, A-1, A-2, and B. The Customer, at its sole discretion, may
choose to terminate the Agreement prior to any annual renewal. Notification of
termination must be in writing and provided to Dominion within forty-five (45) calendar
days of expiration.”
3. Addition of Exhibit A-2. Exhibit A-2, attached hereto and incorporated by this
reference, is hereby added to the Agreement immediately following Exhibit A-1. All references
to “Exhibit A” in the Agreement are hereby replaced with references to “Exhibit A, Exhibit A-1
and Exhibit A-2.”
DocuSign Envelope ID: 99D4F3DF-A1A9-4DDD-8D77-7FB45D2E2B90
8/1/2023
Dominion Voting Systems Inc. Voting System Agreement
Second Amendment Page 2 of 4
4. Compensation. The performance of the Additional Services and Equipment
under this Amendment shall not exceed $56,000. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours unless
specifically authorized in writing by County.
5. All Other Terms. Except as expressly amended in this Second Amendment, all
other Agreement terms shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Agreement
to be effective as of the Second Amendment Effective Date.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its COUNTY
MANAGER
By: ______________________________
Jeff Shroll, County Manager
DOMINION VOTING SYSTEMS, INC.
A Delaware Corporation
___________________________
AUTHORIZED SIGNATURE
John Poulos
President & CEO
DocuSign Envelope ID: 99D4F3DF-A1A9-4DDD-8D77-7FB45D2E2B90
Dominion Voting Systems Inc. Voting System Agreement
Second Amendment Page 3 of 4
EXHIBIT A-2
TO THE MOBILE BALLOT PRINTING SYSTEM AND LICENSING AGREEMENT
BY AND BETWEEN
DOMINION VOTING SYSTEMS, INC.
AND THE COUNTY OF VENTURA
PRICING SUMMARY AND DELIVERABLES DESCRIPTION - 2022
1. Pricing Summary - Prices of equipment, technical facilities, software, and other related
services for voting, vote counting, and result processing. All pricing in U.S. Dollars.
DESCRIPTION1 QTY UNIT PRICE EXTENSION
In-Person Voting Solution: Polling Location Hardware
MBP Kit #2 Portable High Volume (M454dn/3420) 1 $6,380.00 $6,380.00
Ballot Marking Device Printer M404dn + Extender Tray Kit 15 $575.00 $8,625.00
ImageCast X Classic Tablet (Avalue - 21") 15 $2,175.00 $32,625.00
ImageCast X – Samsung Kits (RETURN – CUSTOMER TO
RETURN AT CUSTOMER’S EXPENSE)
13 (no charge) (no charge)
Sub-Total $47,630.00
Accessories
ImageCast X Classic (Avalue 15"/21") Transport Bag - Single 15 $99.00 $1,485.00
Sub-Total $1,485.00
Support Services
On-Site Services - Non-Election Day (/day) 1.0 $2,000.00 $2,000.00
Sub-Total $2,000.00
Purchase Total: $51,115.00
1 System components are subject to change dependent upon availability. An equivalent or
superior component model, certified for use by the Customer’s state, may be substituted by
Dominion.
ANNUAL FEES
Beginning June 1, 2024. All invoices will be issued on June 1st of each year.
ANNUAL FEES2
ImageCast X Annual Firmware License - Classic BMD 21" 2 $125.00 $250.00
ImageCast X Annual Hardware Warranty - Classic BMD 21" 2 $140.00 $280.00
MBP #2 HP M454dn Annual Hardware Warranty 1 $415.00 $415.00
Annual Total: $945.00
2 Beginning June 1, 2025 and each year thereafter, Dominion reserves the right to adjust the
DocuSign Envelope ID: 99D4F3DF-A1A9-4DDD-8D77-7FB45D2E2B90
Dominion Voting Systems Inc. Voting System Agreement
Second Amendment Page 4 of 4
Annual Warranty Fees within two percent (2%) of the then current fee.
2. Payment Schedule - Dominion shall provide invoices to Customer as described below.
Customer shall pay invoices in a timely manner and no later than thirty (30) calendar days
from receipt of a Dominion invoice. Payments specified in this Exhibit are exclusive of all
excise, sale, use and other taxes imposed by any governmental authority, all of which taxes
(other than income taxes owed by Dominion) shall be reimbursed by Customer.
ID Payment Invoice Detail Payment Amount
1 Equipment Acceptance $51,115.00
2 Annual Hardware Warranty Fees (beginning June 1,
2024) $945.003
3 Beginning July 1, 2025 and each year thereafter, Dominion reserves the right to adjust the
Annual Hardware Fees within two percent (2%) of the then current fee.
DocuSign Envelope ID: 99D4F3DF-A1A9-4DDD-8D77-7FB45D2E2B90
