HomeMy WebLinkAboutDiebold Election Systems-voting system agreement 2006
301~d'O 'ii<~~'3i;~
~~6 Z-ijV;lP~1
..tJIIL_~--~fi~. ,
\ I ':, r;:.~";'I 1:'.. 7..'..::". .....'..:'. "'.-"-\ 1:. ..... n I
\ . . dl" L.. 'J' d \,~'%I
Th;' Ag<"ment ;, ,ff"tivo th' JL day of Augus t , 2006 by ond bet . e~",,"A\k\!.si~~~~
("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 Atgtlst 8, '2J:fJ5 (Month day, Year) (the
"Agreement") between DESI and WinnebagoCounty, Wisconsin (hereinafter the "Assignor") for the purpose of
providing certain licensed software and firmware and hardware warranty services to and for the Assignor; and
WIIEREAS, 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
DESI to continue the provision of those services to the Assignee; and
WHEREAS, Assigneehas indicated a willingness to assume those aforementioned rights and obligations and to
relieve Assignor of any and all obligations under the Agreement for the DESI Software and DESI 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 DESland 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 DESl and the services
that are described in Exhibit C of the Agreement, for the following DESl Software and DESl Hardware:
1 AccuVote-TSX Package, Ballot Station v. 4.6.3 Package includes:
1 A VPM-AccuView Printer Module w/l?aper roll & security canister
1 PCMClA memory card-128mb
1 ADA Kit (headset and keypad)
1 V oter Card Encoder
1 V oter Access Cards
1 Supervisor Card
1 Central Administrator Card
1 Security Key Card
1 OSAA "Optical Scan Accullmlation Adaptor" (certification pending)
1 Software License Maintenance for 2nd Year (following initial license)
1 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 causedthisAgreement to be executed on the date first
written above.
DIEBOLD ELECTION SYSTEMS, INC. ASSIGNOR: WINNEBAGO COUNTY, WISCONSIN
BY'~~~ BY, WM//~
(A~Odzed Slgnatore) (Authorized Slgnatore)
NAME: ~"'J'4r d hCl e-/ elt\. NAME: 111 j?ifL/c L fix) 1'-1'-15'
(Please Print or Type) (Please Print or Type)
TITLE:'1,'0- f{)1JtlJC)-/hY\. 0,,^-IZ-I/iy, TITLE: WIIVJ...II-Jf'4~o c,~ txeC"7tv6
(Please Print or Typerreli-f'r9 J L,(; ;s4-/cs (Please Print or Type)
DATE: ;L-,} f- ;;>-dZ'j) DATE:;) 1:;107
{ I
::o;;;9~ WISCONSrn
s-. ~..A~
an I Ertmer, Winnebago County Clerk
NAME: Richard A. Wollangk
(Please Print or Type)
Leg 'Form
" ~. ~~,?...--
U gal Department
.:2 -.2 3 .~ zd7/
DAT~' .. ~'J~?~O~. ome:
B~...i ri-t1)lb~BY:~~A~
'~AME. PAMELA R. UBRIG .(J f'1AME:LYNN A.. LORENSON
TITLE: Ci tv Manager
(Please Print or Type)
DATE:
City Clerk
August 9, 2006
TITTlE:
Assistant City Attorney
TITLE:
DA':FE:
August 9, 2006