HomeMy WebLinkAbout2010-209 C? �v
SEQUOIA
dominion VOTING
ysystems A TRUE COPY
CERTIFICATION OAST PAGE
July 15 , 2010 R 1 G I V �� �� OFFS J . K . BARTON , CLERK
Kay Clem, Supervisor of Elections
Indian River County Supervisor of Elections
4375 43rd Avenue
Vero Beach, FL 32967
Dear Supervisor Clem:
This letter is to advise you that on June 4, 2010 , Dominion Voting Systems , Inc . ("Dominion") acquired
substantially all of the assets of Sequoia Voting Systems , Inc . (" Sequoia") . As part of the transaction
(" Sale") , Dominion has acquired Sequoia ' s inventory and all intellectual property, including software,
firmware and hardware, for Sequoia ' s precinct and central count optical scan and DRE voting solutions .
This includes BPS , WinEDS , Teamwork, Edge, Edge2 , Advantage, Insight , Insight Plus and 400C
systems . Dominion will also retain Sequoia ' s facilities in Denver, Colorado and San Leandro , California
and will consolidate Sequoia ' s Jamestown, New York facility with Dominion ' s existing Jamestown
facility.
Your current contracts with Sequoia listed on Schedule 1 attached hereto (the "Contracts") were not
assigned to Dominion upon the closing of the Sale because the Contracts may not be assigned without
your consent . As a result of the Sale, Sequoia no longer owns any inventory or intellectual property
related to the products in your contracts, and no longer employs any customer service or technical
personnel . Dominion has hired the customer service and technical personnel of Sequoia necessary to
ensure capable, experienced and responsive customer service for Indian River County Supervisor of
Elections .
Sequoia and Dominion request that you provide your consent to the assignment of the Contract(s) to
Dominion by countersignature below . Upon Dominion ' s receipt of your consent, Dominion agrees to
accept the assignment of the Contract(s) and agrees to perform all obligations of Sequoia thereunder
arising from and after the date of` this assignment [including the obligations of Sequoia for the repair,
replacement or return of products manufactured or sold prior to the date of this assignment under the
Contract(s)] .
Please send the signed and completed assignment document to the following :
Tuyet Ha Kevin Hurst
Dominion Voting Systems Sequoia Voting Systems
130 Doolittle Drive, Suite 9 717 17a' St . Suite 310
San Leandro , CA 94577 Denver, CO 80202
Dominion looks forward to the opportunity of continuing to support the products and associated services
in your jurisdiction. If you have any questions, please contact Phil Foster with Dominion Voting Systems
at ( 888 ) 421 -7264 .
Sincerely,
John Poulos Kevin Hurst
Dominion Voting Systems , Inc . Sequoia Voting Systems , Inc .
Page 1 of 3
° A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON , CLERK
Domuuon Voting Systems , Inc . Sequoia Voting Systems , Inc . .
By: John Poulos By: Kevin Hurst
Title : President and CEO Title : Chief Executive Officer
The undersigned hereby consents to the assignment of the Contracts from Sequoia Voting Systems , Inc .
to Dominion Voting Systems , Inc . on the terms set forth above this 7th day of September ,
2010 ,
dayrau itl� Ia7 G7 t' O ,
Indian River County Boardb��C; . ° • ° • . • �ps .,,;
of County Commissioners �� � '°.e `;D APPROVED, ASTOFORM
e ° _
By pj�e i,.s
Peter D . O ' Bryan , Cha=p an ALAN $• POLAcKm H
COUNTYATTORNEY
Date approved by BCC . 9 / 7 / 10 • « , Pn
Page 2of3
-a.
Schedule 1
List of Assigned Contracts
• Sequoia 400-C Optical Scan Ballot Counter Extended Warranty Agreement — October 1 , 2009
through September 30 , 2010
• Optech Insight Plus Extended Warranty Agreement — March 1 , 2010 through September 30 , 2010
• Agreement Between Indian River County Board Of County Commissioners And Indian River
County Supervisor Of Elections And Sequoia Voting Systems , Inc . — January 29 , 2008
® An Agreement Between Indian River County, A Political Subdivision Of The State Of Florida,
Upon The Recommendation Of Kay Clem, Supervisor Of Elections Of Indian River County,
Florida And Sequoia Voting Systems , Inc . For The Purchase Of The AVC Edge® Electronic
Voting System - 2001
STATE OF FLORIDA
INDIAN RIVER COUNTY puna unuun ,;
THIS IS TO CERTIFYTHATTHIS IS
A TRUE AND CORRECT COPY OF
THE LONFILE IN TMIS
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OFFIC
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FREY K . BART ICL
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Page 3 of 3
C
Dovnimion Voting Systems, in.c . sequoia Voting systems , Cnc . .
By: John Poulos By: Devin Hurst
Title: President and CEO Title : Chief Executive Officer
The undersigned hereby consents to the assignment of the Contracts :om Sequoia Votii.g Systems , Inc .
to Dominion Voting Systems , Inc. on the terms set forffi above this 7th day of September
2010 .
Indian River County Board g
of County Commissioners
F
I A11
r
Bye
Peter JD . OBryan , Cha` rman ,: ..
Date approved by BCC a 9 / 71 1Q
Page 2 of 3