HomeMy WebLinkAbout06-251
AUGUST 8, 2006
06-251
RESOLUTION
(CARRIED
7 -0 LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE AGREEMENT I VOTING SYSTEM
INITIATED BY:
CITY CLERK
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Assignment and Assumption Agreement with Diebold Election Systems, Inc. and
Winnebago County is hereby approved and the proper City officials are hereby authorized
to execute and deliver the agreement in substantially the same form as attached hereto,
any changes in the execution copy being deemed approved by their respective signatures,
and said City officials are authorized and directed to take those steps necessary to
implement the terms and conditions of the Agreement.
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Agreement is effective the _ day of , 2006 by and between Diebold Election Systems, Inc.
("DESI") and Winnebago County, Wisconsin ("Assignor") and the City of Oshkosh, Wisconsin ("Assignee") sometimes
individually or collectively referred to as "Party" or "Parties".
RECITALS
WHEREAS, DESI executed a Voting System Agreement dated (Month day, Year) (the
"Agreement") between DESI and Winnebago County, Wisconsin (hereinafter the "Assignor") for the purpose of
providing certain licensed software and firmware and hardware warranty services to and for the Assignor; and
WHEREAS, the Assignor desires to assign its rights and obligations under the Agreement to Assignee in order
for Assignee to continue to receive the licensed software and firmware services and hardware warranty services and for
DES I to continue the provision of those services to the Assignee; and
WHEREAS, Assignee has indicated a willingness to assume those aforementioned rights and obligations and to
relieve Assignor of any and all obligations under the Agreement for the DES I Software and DES I Hardware listed below.
NOW THEREFORE, in consideration of the premises and mutual promises herein contained, the Parties
hereto agree as follows:
1. Assignor agrees to assign and Assignee agrees to assume all rights and obligations of the Assignor
under the Agreement for the purchase of Extended Software Maintenance Services, for the software and
firmware owned by DESI and licensed by DESI and described in Exhibit B of the Agreement, and for the
purchase of Extended Hardware Warranty Services for the hardware manufactured by DES I and the services
that are described in Exhibit C of the Agreement, for the following DES I Software and DESI Hardware:
AccuVote-TSX Package, Ballot Station v. 4.6.3 Package includes:
I A VPM-AccuView Printer Module wI paper roll & security canister
I PCMCIA memory card-128mb
I ADA Kit (headset and keypad)
I Voter Card Encoder
I Voter Access Cards
1 Supervisor Card
1 Central Administrator Card
I Security Key Card
1 OSAA "Optical Scan Accumulation Adaptor" (certification pending)
1 Software License Maintenance for 2nd Year (following initial license )
I Extended Warranty for 2nd Year (following initial warranty)
DESI agrees to continue the provision of services to Assignee under the Agreement for the following
fees:
Extended Maintenance and Warranty Fees
Software License Maintenance for the 2nd Year (following initial license)
Extended Hardware Warranty for 2nd Year (following initial warranty)
$5.00
$95.00
2. The Parties represent and warrant that all necessary approvals and authority to enter into this
Agreement have been obtained, the persons executing this Agreement on behalf of the Parties have the express
authority to do so, and in so doing, to bind the Parties and that the execution of this Agreement by the Parties
does not violate any provision of any by-law, charter, or regulation of the Parties.
3. This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin,
United States of America.
4. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter
herein, and shall supersede any previous communication, representation, or agreement whether oral or written.
In the event of any conflict between the terms of this Assignment and Assumption Agreement and the Voting
System Agreement, the terms of the Voting System Agreement shall control.
5. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date first
written above.
DIEBOLD ELECTION SYSTEMS, INC.
ASSIGNOR: WINNEBAGO COUNTY, WISCONSIN
BY:
BY:
(Authorized Signature)
(Authorized Signature)
NAME:
(Please Print or Type)
NAME:
(Please Print or Type)
TITLE:
(Please Print or Type)
TITLE:
(Please Print or Type)
DATE:
DATE:
ASSIGNEE: CITY OF OSHKOSH, WISCONSIN
BY:
NAME:
(Please Print or Type)
TITLE:
(Please Print or Type)
DATE: