HomeMy WebLinkAboutAgreement A-19-227-1 with Dominion Voting Systems.pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (hereinafter “Amendment 1”) is made and
entered into this _____ day of ______, 2021, by and between COUNTY OF FRESNO, a Political
Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and DOMINION
VOTING SYSTEMS, INC., located at 1201 18th Street, Suite 210, Denver, CO 80202, (hereinafter
“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 19-227, dated 14th
May 2019 (hereinafter “Agreement”), pursuant to which CONTRACTOR agreed to provide a
comprehensive voting system, software, and support to COUNTY; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
increase the maximum compensation and modify equipment quantities under the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.That the existing Agreement Section Six (6), Page Three (3), Line 26, beginning with
the word “In” and ending on Page Three (3), Line Twenty-Seven (27) with the word “Agreement” be
deleted and the following inserted in its place:
“In no event shall services performed under this Agreement be in excess of Two Million
Nine Hundred Nine Thousand One Hundred Forty-seven and 98/100 Dollars ($2,909,147.98) during
the term of this Agreement.”
2. That all references in the Agreement to Exhibit A be changed to read Exhibit A-1, which
is attached hereto and incorporated herein.
COUNTY and CONTRACTOR agree that this Amendment 1 is sufficient to amend the
Agreement and, that upon execution of this Amendment 1, the Agreement and Amendment 1 together
shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
13th July
Agreement No 19-227-1
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EXECUTED AND EFFECTIVE as of the date first above set forth .
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1201 18th St., Suite 210
9 Denver, CO 80202
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EO
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FOR ACCOUNTING USE ONLY :
21 Fund :0001
22 Subclass : 10000
23 ORG: 28500100
24 Account: 7295
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Steve Bra au, Chairman of the Board
of Supe sors of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : _J...ci~..J\~,-· -~l~. "'!!!,f,,J~----
Dep (!!y)
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Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 1 of 8
EXHIBIT A-1
VOTING SYSTEM AGREEMENT
BY AND BETWEEN DOMINION VOTING SYSTEMS
AND FRESNO COUNTY, CA
PRICING SUMMARY AND DELIVERABLES DESCRIPTION
1. Pricing and Deliverable Summary - All pricing in U.S. Dollars.
Description Qty Unit Price Extension
Central Scanning Solution
ImageCast Central: Canon DR-G1130 scanner,
ImageCast Central Software License, Dell All-in-One,
iButton programmer and key, cables
4 $25,000.00 $100,000.00
ImageCast Central: Canon DR-G1130 spares with
Software License 2 $9,750.00 $19,500.00
Sub-Total: $119,500.00
In-Person Voting Solution
ImageCast X BMD (21 inch): ICX Firmware, Tablet,
5 voter activation cards, printer, cables, power cord 240 $3,175.00 $762,000.00
ICX Technician Smartcard 30 $8.10 $243.00
ImageCast Evolution (ICE): Internal Battery, Printer
w/Paper roll, 2x Memory Cards and iButtons 60 $8,200.00 $492,000.00
Mobile Ballot Printing (MBP) Kit Oki Data C712dn:
MBP printer, dell laptop, cables 100 $5,800.00 $580,000.00
UPS SMT 1500VA: 1000 watts 55 $714.00 $39,270.00
Sub-Total: $1,873,513.00
Peripherals
ATI Accessible Voting Kit for ICX USB 240 $375.00 $90,000.00
ImageCast X Voting Booth 240 $295.00 $70,800.00
ICX Transport Bag Set 240 $125.00 $30,000.00
8GB USB Flash Drive 50 $16.60 $830.00
Compact Flash Memory Card 16GB 120 $36.75 $4,410.00
ICE I-button Technician Key - Yellow 30 $25.00 $750.00
Sub-Total: $196,790.00
Election Management Hardware
Democracy Suite EMS Standard Server
Configuration - Up to 22 clients 2 $17,000.00 $34,000.00
EMS Client Workstation Configuration Kit 4 $1,700.00 $6,800.00
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 2 of 8
Adjudication Workstation Kit 7 $1,700.00 $11,900.00
Reformatting Station Kit 1 $1,200.00 $1,200.00
EMS Report Printer 2 $125.00 $250.00
Ballot and Report Printer – OKI C712dn 20 $1,800.00 $36,000.00
Paper Tray – OKI C712dn 20 $255.00 $5,100.00
G1130 Imprinter Kit 6 $400.00 $2,400.00
Sub-Total: $97,650.00
Software Licenses
Democracy Suite Standard (EMS) and Automated
Test Decks – Initial License Fee 1 $90,000.00 $90,000.00
ICC Adjudication Application – Initial License Fee 1 $75,000.00 $75,000.00
Mobile Ballot Printing System Application – Initial
License Fee 1 $15,000.00 $15,000.00
Sub-Total: $180,000.00
Estimated Shipping $21,945.00 $21,945.00
Purchase: Year 1 Sub-Total: $2,489,398.00
General Discount ($715,561.37)
Purchase: Year 1 Final Total: $1,773,836.63
Estimated Taxes $141,463.47
2. Payment Schedule - Dominion shall provide invoices to the Customer as described below.
The Customer shall pay invoices in a timely manner and no later than thirty (30) calendar days
from receipt of a Dominion invoice. Sales taxes are estimated and paid by Customer.
2.1 Year 1 Payment Schedule
ID Payment Invoice Date Payment Amount
1 System Acceptance $709,534.65
2 Certification of the November 2019 Election $886,918.32
3 Certification of the March 2020 Election $177,383.66
4 Estimated Taxes $141,463.47
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 3 of 8
2.2 Support Services Payment Schedule - Dominion shall provide invoices to the
Customer upon completion of the services as described below. The Customer shall
pay invoices in a timely manner and no later than thirty (30) calendar days from receipt
of a Dominion invoice.
Election and Support Services Qty Unit Price Extension
3 Day Election On-Site Support 6 $17,000.00 $102,000.00
Election Database Set Up 6 $25,000.00 $150,000.00
Train the Trainer: Pollworker 2 $2,000.00 $4,000.00
Democracy Suite System Training 5 $2,000.00 $10,000.00
ICC Operator Training 1 $2,000.00 $2,000.00
ICC Adjudication Training 1 $2,000.00 $2,000.00
ICX Operator Training 1 $2,000.00 $2,000.00
ICE Operator Training 1 $2,000.00 $2,000.00
Sub-Total: $274,000.00
2.3 Annual Software License Fees (Beginning in November 2020)
Annual Software Licenses Fees* Unit Price Extension
Democracy Suite (EMS) 1 $18,000.00 $18,000.00
ICC Adjudication Application 1 $15,000.00 $15,000.00
Mobile Ballot Printing Application 1 $3,000.00 $3,000.00
ImageCast Central - Firmware 8 $2,575.00 $20,600.00
ImageCast X BMD - Firmware 240 $150.00 $36,000.00
ImageCast Evolution - Firmware 60 $228.00 $13,680.00
Total $106,280.00
Estimated Taxes* $8,475.83
2.4 Optional Annual Hardware Warranty Fees (Beginning in November 2020)
Annual Warranty Fees*
ImageCast Central - G1130 8 $1,500.00 $12,000.00
ImageCast X - BMD (21") 240 $155.00 $37,200.00
ImageCast Evolution 60 $235.00 $14,100.00
Total $63,300.00
* Dominion reserves the right to increase the Annual Software License and Hardware
Warranty Fees up to three percent (3%) of the previous year’s fee. Increase in the Annual
Software License will see a corresponding increase in the estimated taxes.
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 4 of 8
3. Detailed Deliverables Description
3.1 ImageCast® Central Scanner (ICC). Each ImageCast® Central Scanner includes
the following components:
3.1.1 Canon DR-G1130 high speed document scanner
3.1.2 ImageCast® Central Software
3.1.3 OptiPlex 7440 All-in-One Series with pre-loaded software
3.1.4 iButton Security Key
3.1.5 iButton Programmer and iButton Key Switch & Cat5 RJ 45 Cables used with
Democracy Suite to transfer security and election information to the iButtons
for use with the ICC.
3.2 ImageCast® X (“ICX”).
3.2.1 Application: ImageCast X BMD is a touchscreen in-person voting device and
ballot marking device. Voting sessions are initiated on the tablet by either a
smart card or the entry of a numeric code based on activation. The ballot is
loaded directly onto the standalone device. All voting activity is performed at
the tablet, including accessible voting. Accessible voting interfaces connect
to the tablet via an Audio Tactile Interface or ATI. For all modes of voting,
after the voter reviews the ballot selections, a paper ballot is created for the
voter from a printer in the voting booth. The printed ballot contains a written
summary of the voter’s choices, as well as a 2D barcode which is read by
Dominion’s ImageCast Precinct or Central tabulator. No votes are stored on
the ImageCast X-BMD unit.
3.2.2 Components: ImageCast X BMD is composed of a 21” Avalue touchscreen,
Android OS 4.4.4, DC 19V input, HP LaserJet Pro M402dne laser printer, 6'
cable. 5 smart cards, and 8GB flash drive.
3.3 ImageCast® Evolution (ICE) Scanner and Tabulator is a precinct-level all in one,
digital scanner, ballot marker, and accessible voting tabulator. Each ImageCast®
(ICE) provided to the Customer shall consist of the following items:
3.3.1 Two (2) optical imaging heads for creating a duplex scanned image of each
side of the ballot. Ballots can be fed in all four (4) orientations.
3.3.2 Two (2) Compact Flash 8GB memory cards.
3.3.3 An integrated 19” diagonal full color LCD with built-in touch screen.
3.3.4 An internal thermal printer and one (1) paper roll for generating reports.
3.3.5 An integrated inkjet printer for producing marked paper ballot during the
accessible voter sessions.
3.3.6 Two (2) administrative security key (iButton) used with an integrated
receptacle (physically attached to the top of the unit and electrically
connected to the motherboard) used for a variety of verification and security
tasks such control, data confidentiality and integrity functions.
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 5 of 8
3.3.7 A motorized paper feed mechanism for detecting and moving the ballot within
the scanner. Ballots used with the ImageCast® must be 8.5” wide by a
variable length (11", 14", 17", and 22"). The paper feed mechanism is
physically capable of moving the ballot forward into the machine, across
image sensors, enabling complete image capture of both sides of the ballot.
3.3.8 An internal battery which is rated to provide a minimum of two (2) hours of
normal use in the absence of AC power.
3.3.9 The ImageCast Evolution is equipped with an integrated voting feature for
voters needing additional assistance. It uses a single ballot path which does
not require the voter to have to go to an additional unit to cast the vote. The
ImageCast Evolution features several accessible voting interfaces that allow
voters with various disabilities to effectively vote, review and cast a paper
ballot in a private and independent manner. The ImageCast Evolution offers
the following user interfaces - touch screen interface for visual ballot review
and ballot casting, accessible ballot marking interface (both audio and
visual), assistive input devices for accessible ballot navigation and voting,
including an ATI (Audio-Tactile Interface).
3.3.10 ImageCast Evolution is equipped with a textured molded plastic ballot box
per ImageCast Evolution unit. Ballot Box is made of a 3 compartments,
custom designed for use with the ImageCast Evolution.
3.4 ImageCast® Software. The Parties will enter into software licenses for the
ImageCast software, substantially in the form of Exhibit B to this Agreement. The
Dominion software includes, without limitation:
3.4.1 AuditMark®. For each ballot that is scanned and accepted into the unit, a
corresponding ballot image is created and stored for audit purposes. The
image consists of two parts described below.
• The top portion of the image contains a scanned image of the ballot.
• The bottom portion consists of a machine-generated type-out showing
each mark that the unit interpreted for that particular ballot. This is
referred to as an AuditMark®.
3.5 Democracy Suite Light Software consists of the following components:
3.5.1 Election File and iButton Creation Customer is authorized to create Election
Files and iButtons from EED to load on the ICX, ICE and ICC units.
3.5.2 Results, Tally and Reporting (RTR) Client Application is the application used
for the tally, reporting and publishing of election results.
3.6 ImageCast® Adjudication Application is a client and server application used to
review and adjudicate ImageCast® Central Scanner ballot images. The application
uses tabulator results files and scanned images to allow election administrators to
make adjudications to ballots with auditing and reporting capabilities. The
Adjudication Application examines such voter exceptions as overvotes, undervotes,
blank contests, blank ballots, write-in selections, and marginal marks. The application
works in two basic modes: election project setup and adjudication. The Adjudication
Application can be used in a multi-client environment.
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 6 of 8
3.7 Mobile Ballot Printing is an application used to search, preview and print ballots via
a local printer device. The application makes use of ballot information and PDFs
produced by the Election Event Designer application and information provided
through the customer voter registration system.
3.8 Implementation Services and Training. Dominion will provide the following training
as described herein.
3.8.1 Project Management Support. Dominion will provide project management
support to oversee the general operations of the project through the
Agreement Term. The project manager shall be responsible for arranging all
meetings, visits and consultations between the parties and for all
administrative matters such as invoices, payments and amendments. The
Parties shall develop and finalize a project implementation plan including a
training and delivery schedule. The Parties agree that during the course of
the implementation, changes to the project schedule may be required. Any
changes to the project schedule must be mutually agreed to by both Parties
and such agreement shall not be unreasonably withheld.
3.8.2 ImageCast® X – This training introduces the ImageCast® X system with an
emphasis on the operation of the hardware. Students can expect to learn
general operations, logic and accuracy testing, Election Day setup and
operation, and troubleshooting.
3.8.3 ImageCast® ICC – This training introduces the ImageCast® ICC with an
emphasis on the operation of the hardware. Students can expect to learn
general operations, logic and accuracy testing, ballot scanning operation,
troubleshooting and ballot adjudication.
3.8.4 EMS Server Installation, Configuration & Testing. Dominion will provide a
minimum total of one (1) day of direct onsite support for EMS Server
installation, configuration & testing.
3.8.5 Democracy Suite® EMS System– This training covers the restoring election
project backups, creating ICX and ICC files, tally and reporting.
3.8.6 System Acceptance Testing Support. Dominion will provide direct onsite
training and support during the System Acceptance Testing period.
a. Dominion will coordinate with the State of California and Customer to
acquire the State of California certified and approved trusted build.
b. Dominion shall provide an Acceptance Test Plan (“ATP”). The ATP shall
identify all tests necessary to demonstrate System compliance with the
requirements for California and the Customer.
c. Dominion shall be responsible for providing all training and training
materials required to support the Acceptance testing.
d. Dominion and the Customer shall finalize the development of the ATP
and procedures prior to the Acceptance testing phase.
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 7 of 8
e. Dominion shall assist the Customer in creating an ATP log sheet, to be
used as a control sheet showing which System items have been
received, tested, and accepted. This log sheet will be completed
individually for each item, noting any physical damage, and shall contain
the results of each test conducted.
f. Dominion will provide an ATP log sheet template to the Customer for
printing and distribution during the Acceptance test process. For each
System item, the Customer, working with a Dominion product specialist,
will complete the Acceptance test for each System item. Each form will
be signed and stored by the Customer with copies made or scanned for
Dominion to ensure that each System component is in proper working
order upon receipt and unpacking.
g. Throughout the Term of the Agreement, after delivery of any Dominion
Software or Dominion Hardware, the Customer will conduct Acceptance
testing of such components. Such Acceptance testing shall occur at a
time mutually agreed upon by the Parties, but no later than thirty (30)
business days after installation.
h. The Customer will provide Dominion with records that identify units that
did not successfully pass Acceptance testing. If defects are uncovered
during testing that result in an unsuccessful test, the affected System
component(s) will be rejected and the Customer will send a notice to
Dominion indicating the issues and reason for rejection. Upon receipt of
notice, Dominion will have fifteen (15) business days to repair or replace
the System component(s).
3.8.7 Pollworker Train the Trainer – This provides training to the Customer staff on
operations of a polling location including the ICX, troubleshooting and testing.
3.8.8 On-Site Election Day Support. Dominion will provide six (6) days (inclusive
of travel) of direct onsite election support for two (2) elections.
3.9 Election Ballot Definition Setup. Dominion shall provide election setup services
and support for the election database creation and ballot review for 6 Elections. Ballot
definition services will be provided in English and Spanish and includes the following:
Democracy Suite Election project setup, provide the Mail Ballot/Absentee PDF
artwork, verification and proofing for each Election, provide audio setup for audio
voting using a synthesizer. Any outside recording charges would be at the
Customer’s expense.
3.10 Disposal of Present Voting Systems. Dominion and County agree that Dominion
shall dispose of the present voting machines possessed by the Customer. Dominion
and Customer agree that Customer shall comply with any licensing requirements for
the removal of all software/firmware from the previous system, as may be required
from the previous license agreement.
3.11 Travel and Expenses included. All costs of Dominion transportation, lodging and
meal expenses are included during the Agreement Term.
Dominion Voting Systems Inc. Voting System Purchase Agreement
Exhibit A – Fresno County, CA Page 8 of 8
3.12 Ongoing telephone support. Telephone support shall be available for Customers
during the Term of the Agreement at no additional costs.
3.13 Other Services, Consumables or Equipment. Any other services, consumables or
equipment not specifically identified in this Agreement are available for purchase by
the Customer at the then current Dominion list price.
2019 2020 2021 2022 2023 Total
$1,773,836.63 ----$1,773,836.63
$141,463.47 ----$141,463.47
$22,000.00 ----$22,000.00
-$101,130.00 $106,280.00 $109,468.40 $112,752.45 $429,630.85
-$8,065.12 $8,475.83 $8,730.10 $8,992.01 $34,263.06
-$60,300.00 $63,300.00 $65,199.00 $67,154.97 $255,953.97
$42,000.00 $42,000.00 $42,000.00 $42,000.00 $84,000.00 $252,000.00
Total $1,979,300.10 $211,495.12 $220,055.83 $225,397.50 $272,899.43 $2,909,147.98
Revised Schedule A to Exhibit A-1
Election Support Services
Summary of Payment Schedule
Hardware/Software
Taxes on Purchase
Staff Training
Annual Licenses
Taxes on Licenses
Warranties