Okaloosa County BOCC — September 15, 2015 — Legal Approval — reading text

Zan Fedorak From: Greg Stewart Sent: Wednesday, September 09, 2015 8:38 AM To: Shirley Young Cc: Zan Fedorak; Paul Lux; Parsons, Kerry Subject: Re: Okaloosa County, FL - DS200/DS850-AM Sales Order Agreement Zan- | have talked with Paul Lux on the voting machine contract. It is approved by legal and good to be placed on the next BOCC agenda. Sent from my iPhone On Sep 9, 2015, at 8:20 AM, Shirley Young <syoung@co.okaloosa.fl.us> wrote: Mr. Stewart, Would you please call Mr. Lux regarding your two issues? 689-5600 From: Greg Stewart Sent: Wednesday, September 09, 2015 8:08 AM To: Shirley Young; Zan Fedorak Cc: Paul Lux; Parsons, Kerry Subject: RE: Okaloosa County, FL - DS200/DS850-AM Sales Order Agreement Thank you for forwarding the agreement. The two major issues that we saw were the absence of any warranties on the machines and the indemnification provisions. It appears that these issue were brought to their attention earlier (along with several other issues that were addressed by them) and they refused to accept any changes on those issues. Assuming that is correct, | am really not sure what else we can do. My understanding is that there really is no alternative nationwide without paying an arm and a leg. Even with that we will probably get the same type of agreement. If my understanding is correct and they have refused to address those items, then | think we will need to accept the contract as is. Gregory T. Stewart County Attorney Okaloosa County, Florida Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e- mail communication, including your e-mail address, may be subject to public disclosure. From: Shirley Young Sent: Friday, September 04, 2015 11:43 AM To: Zan Fedorak; Greg Stewart Cc: Paul Lux Subject: FW: Okaloosa County, FL - DS200/DS850-AM Sales Order Agreement Attached, please find the most current ES&S contracts and agreements. Any changes should be sent directly to tmpick@essvote.com with a courtesy copy to syoung@co.okaloosa.fl.us and 1 plux@co.okaloosa.fl.us for follow-up. ES&S is ready to execute the agreement(s) and overnight the original signatures in order to meet the noon deadline on September 9 to make the agenda on the 15™. From: Pick, Tina [mailto:tmpick@essvote.com] Sent: Friday, September 04, 2015 10:48 AM To: Shirley Young Cc: Paulson, Susan Subject: FW: Okaloosa County, FL - DS200/DS850-AM Sales Order Agreement Shirley, please find a revised agreement per our earlier conversation. TP From: Pick, Tina Sent: Thursday, September 03, 2015 9:01 AM To: 'Shirley Young' Cc: Paulson, Susan Subject: Okaloosa County, FL - DS200/DS850-AM Sales Order Agreement Good Morning Shirley, attached you will find all of the documents that we discussed and revised. Once they have been reviewed, please let me know and | will have ES&S sign the agreement and overnight the originals to you. Please let me know if you have any questions. Thank You and Have a Great Day! Tina M. Pick | Contract and Quote Support Administrator Election Systems & Software, LLC 11208 John Galt Blvd. | Omaha, NE 68137 tel (402) 970-1254 | fax (402) 970-1291 tmpick @essvote.com From: Shirley Young [mailto:syoung@co.okaloosa.fl.us] Sent: Wednesday, September 02, 2015 1:26 PM To: Shirley Young; Pick, Tina Cc: Paul Lux Subject: RE: BCC decision Timeline is as follows: The contract needs to come from you for one last review, then it goes to our legal department, any changes need to be made, then we need a signed original from you by noon, Wednesday September 11. We must take delivery of equipment on or after October 1 of 2015. I know this seems like a tight turnaround, but | think we are close. Keep in mind our legal department is S..l..o..w.... the quicker you can send something (today would be great), the better off we will all be. Thanks, Shirley From: Shirley Young Sent: Wednesday, September 02, 2015 8:21 AM To: 'tmpick@essvote.com' Cc: Paul Lux Subject: BCC decision The Board decided a three-year payment for the entire amount is what they would like to have. If you could gather the information together for one last review, that would be great. We would need the entire document if you don’t mind just to be sure we are all reviewing the same thing. Thanks so much, Shirley Young, CERA Chief Deputy of Operations/Administration Okaloosa County Supervisor of Elections Election Headquarters (Crestview): 850.689.5600 Branch Office (Fort Walton Beach): 850.651.7272 Visit us online at www.govote-okaloosa.com