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HomeMy WebLinkAbout20062215.tiff RESOLUTION RE: APPROVE AMENDMENT #1 TO VOTING SYSTEM AGREEMENT AND AUTHORIZE CHAIR TO SIGN - DIEBOLD ELECTION SYSTEMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Amendment #1 to the Voting System Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of the Clerk and Recorder, and Diebold Elections Systems, Inc., commencing upon full execution,with further terms and conditions being as stated in said amendment, and WHEREAS,after review,the Board deems it advisable to approve said amendment,a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Amendment#1 Voting System Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of the Clerk and Recorder, and Diebold Elections Systems, Inc., be, and hereby, is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 14th day of August, A.D., 2006. �,+"`'' �", ° I 114/14,A, BOARD OF C j NTY COMMISSIONERS i WELD CO " , COLORADO ATTEST: ge, / �;� .� . J. a le, Chair Weld County Clerk to the j � David E. Long, Pro-Tem BY: �, 2.l i*�tb ROL Dep Cle the oard Wil7 H. Jerl5 V I\141 APP AS TO Robert D. Masde� oS At mey AO(71/DLO 1 Glenn Vaad Date of signature: 2006-2215 CR0023 (2a Nil?, �icac oC1 em-:<0 D8--d3 O� P.O.Box 1019 E D Allen,TX 75013 Amendment One 469-675-8990 ELECTION SYSTEMS 80Fax x(214)383-1596 E) to the Voting System Agreement CUSTOMER: WELD COUNTY,COLORADO DIEBOLD ELECTION SYSTEMS, INC. Addresses Steve Moreno P.O.Box 1019 For Notices and Billing: Weld County Clerk and Recorder Allen,TX 75013 1402 North 17th Avenue Overnight Deliveries: Greeley,CO 80631 1253 Allen Station Pkwy Allen,TX 75002 Attn:Contracts Department For Shipping(if different): Contacts: Steve Moreno, Yolanda Hawkins,Contracts Department Weld County Clerk and Recorder Dana LaTour,Customer Service Regional Manager Bruce Barker,Weld County Attorney Phone: 970-353-3840 ext.3155// 469-675-8990 ext.1163// 970-356-4000 ext.4390 775-250-1722 Fax: 970.353.1964// 214-383-1596 Email: smoreno@co.weld.co.us yhawkins@Dieboldes.com// bbarker@co.weld.co.us LaTourD@Dieboldes.com THIS Amendment Number One('Amendment')to the Voting System Agreement("Agreement") dated Effective as of March 30,2006 is made and entered into by and between Weld County (hereinafter referred to as "Customer"), and Diebold Election Systems, Inc., a Delaware corporation,whose principal place of business is P.O. Box 1019,Allen,Texas 75013(hereinafter referred to as"DESI")and is effective as of the date of the last signature set forth below(Effective Date). The parties have executed this Amendment by their duly authorized representatives: WELD COU ,COLORADO DIEBO ELECTIO SYSTEMS, INC. 277 08/14/2006 a' Authonzed Signature Date Aut rized Si q ure Date M. J. Geile, Chair, Board of Co gra,/7/O otE. adca-r Printed Name,Titl ►�f y `s Printed Name,Title ATTEST: ,w` �� Approved as to Legal Form: r Authoriz S g atu 1 ' If• am t --p r Authorized Signature Date Deputy Clerk to the Board `, Yolanda Hawkins,Contracts Manager Printed Name,Title '".` • Printed Name,Title WHEREAS, Customer and DESI have identified the need to Amend the contract to add to the contract value a total of document the agreed changes to the Agreement in the form of this $26,350.00, yielding an even off set, the following as recapped Amendment with an even off set of funds;and from the Weld County change request letter dated July 26, 2006 NOW,THEREFORE,Customer and DESI mutually agree that: found below: Customer and DESI amend Exhibit A,Line 03 of the Agreement for • 157 AVPM soft carry cases (doubles) at a contract then AVPM soft carry cases (singles) reducing the quantity from 310 to quoted price of$75.00/unit;and 0 reducing the contract value by$26,350.00;and • 4 AccuVote units including paper roll and memory card at $3,150.00/units;and 2006-2215 Weld County,CO Amendment No.One to the Voting System Agreement Diebold Election Systems,Inc. Page 1 of 2 3/21/2006 • 4 AVPM printer units including paper roll,spindle,and canister inconsistency shall be resolved by giving preference to this at$350.00/unit;and Amendment, followed by the Agreement and any other provision, • 12 spare AccuVote-TSX spare memory Cards at$135.00/unit; term or material incorporated herein by reference. and Entire Agreement: This document and the documents referred to • Add 12 Voter Access Cards at$2.95/unit. herein or exhibits hereto are the entire Agreement between the parties about their subject matter and they incorporate or All other terms of the Agreement will remain in full force except: supersede all prior or contemporaneous, written or oral, Order of Preference: In the event of any conflict, ambiguity or statements, agreements or understandings by or between the inconsistency between the documents that make up this parties about such subject matter. Amendment and the Agreement, the conflict, ambiguity or • STEVE.MORENO WELD cou►rrr CLERK&RECORDER 1402 NORTH I7TM AVENUE WilDP.O.COX 9COLORADO 80532 COLORADO FM:(970)353-1984 July 26,2006 Yolanda Hawkins,Contracts Manager Diebold Election Synod.,Inc. 1253 Allen Station Parkway Allen,TX 75013 Dear Ms.Hawkins: Weld County would like to request the following changes to the Voting System Ak,wwwnt dated March 21,2006. I. Change the number of AVPM soft carry cases(singles)from 310 to O. The contract price should be adjusted downward accordingly at$85/unit. 2. Change the number of AVPM soft any cases(doubles)from 0 to 155. The contract price should be adjusted upward accordingly at S75/unit es quoted by Diebold. 3. Add 4 AccuVote TSx units including the paper roll and memory card at$3150/unit. 4. Add 4 AVPM printer units including paper roll,spindle,and canister at$350/unit. 5. Add 4 spare TSx spare memory cards at 5135/unit. 6. Add 2 double AVPM soil carry cases at$751unit. 7. Add 12 Voter Access Cards at$2.95/unit. The impact of these changes will result in no net change to the contact price as shown below: Single AVPM cases $(26,350) Double AVPM cases 11,625 Additional TSx manta 12,600 Additional AVPM's 1.400 Additional mammy cards 540 Additional AVPM carry cases 150 Additional voter access cards 35 $ . 0 Please create an amendment to the contract to reflect these changes. Sincerely, Steve Moreno Weld County Clerk&Recorder Weld County,CO Amendment No.One to the Voting System Agreement Diebold Election Systems,Inc. Page 2 of 2 3/21/2006 .EBOLD Diebold Election Systems,Inc. Overnight P.O.Box 1019 1253 Allen Station Parkway Men,Texas 75013 Allen,TX 75002 469-675-8990 fax 214383-1596 e-moil www.dieboldes.com August 7, 2006 Mr. Steve Moreno Weld County Clerk and Recorder 1402 North 17th Avenue Greeley, CO 80631 Telephone: 970-353-3840, ext. 3155 Dear Mr. Moreno: Enclosed please find two (2)original unilaterally signed Amendment One to the Voting System Agreement between Diebold Election Systems, Inc. and Weld County, Colorado. Please sign both and retum one original to us via traceable mail (i.e., Fed Ex). Should you have any further questions with regards to the Agreement, please contact Yolanda Hawkins at 469-675-8990, ext. 1163. Thank you very much for your assistance in this matter. Best Regards, crk ah►coss /Ziala.aftddon Diebold Election Systems, Inc. Contracts Department Ext. 1170 Enclosure Sr Hello