t}1fi - Erie County
Contents
1. ARTICLE ll HARDWARE 1 Services Subject to the terms and conditions of this Exhibit B and Customer s one time election of which level of Hardware Maintenance Services it desires ES amp S shall provide either the Routine Maintenance Services described under Section 2 b of this Article li or the Remedial Maintenance Services described under Section 2 d of this Article with respect to the products listed on Schedule B1 the Products collectively the Hardware Maintenance Services Customer shall elect to receive Routine Maintenance Services or Remedial Maintenance Services by delivering written notice of its election to ES amp S no later than ninety 90 calendar days prior to expiration of the Warranty Period on the applicable Products 2 Maintenance Services The Hardware Maintenance Services to be provided to Customer under this Exhibit B for the ES amp S Equipment listed on Schedule B1 the Products shall be subject to the following terms and conditions a Inspection If Customer has elected not to receive Hardware Maintenance Services under this Exhibit B for a period of twelve 12 months or more ES amp S may require Customer to allow it to inspect the Products before it provides any Hardware Maintenance Services The purpose of such inspection shall be to determine whether or not the Products are fit for the ordinary purposes for which they are to be used normal wear and tear excepted Normal Working Condition The cost o2. SPA EDEN dI CERE RTAL Printer EA uid Factory Installed DL LLL LLL 700 Field Installed a e 850 PS O SO Optical Ballot Marking Device o Y ES amp S AutoMark Includes Terminal Transport Case Ink Cartridge A 5 090 and 256mb Flashcard Table for Voter Assist Terminal LLL 350 Additional ink Cartridge BORN RUE E eee Additional Flashcard 256mb o 1 1 90 bz x O al oe Election Management System Software ME UNITY Ballot Image Manager BIM A 10 000 UNITY Votronic Image Manager iVIM 10 000 UNITY Ballot On Demand BOD tid 5000 UNITY Data Acquisition Manager DAM kl 2 500 UNITY Election Data Manager EDM Ll 12 500 UNITY Election Reporting Manager ERM LU T 8 000 UNITY Hardware Programming Manager HPM a 20 000 UNITY AutoMark Information Management Software AIMS Ooo O 2 500 md ces dE xe Training Per Customer Per Day Rate eee eee cee 1 of 4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2009 through December 31 2009 Quatiy 1 4 May November Description Primary General Unit Price Total Price Equipment Operations ES amp S will provide classroom style 1 200 training with hands on practice using ES amp S equipment General operations tabulation procedures backups and general maintenance proced
3. 00 UNITY Ballot On Demand BOD 51 1 000 00 UNITY Data Acquisition Manager DAM 1 500 500 00 UNITY Election Data Manager EDM 2 500 00 1 600 00 UNITY Hardware Programming Manager HPM Eq 54000 4 000 00 Sa UNITY AutoMark information Management Software AIMS Part Ill Optional Item Pricing Okidata C9600HDN Ballot on Demand Printer with Guide o TOO TO Ogaa Results Accumulation Network 18 720 Voting Booths Model VI with Lamp NEED 215 Voting Booths Model VI Accessible with Lamp RES 245 Order Subtotal 16 495 00 Additional Discount Order Total County Name Customer Erie County Pennsylvania County contact person Address for delivery of equipment no PO box 140 West 6th Street Room 116 City State Zip Erie PA 16501 Phone number 814 451 6303 Delivery Date s County Purchasing Certification certify that this document represents a purchase order for Voting Systems and or Post Warranty Maintenance for such Voting Systems 1 certify that 1 sufficient county funds are available for any of this purchase that exceeds my allocation of federal HAVA and or State funds 2 the county portion of funds has been authorized and appropriated by the Board of Commissioners for this purchase 3 this Purchase Order is subject to the terms and conditions of the COSTARS 10 Voting Systems Contract and the Supplemental Terms and Conditions set forth on Exhib
4. 2 Updates During the Initial Maintenance Term and any renewals thereof ES amp S shall continue to provide updates in accordance with any update schedule determined by ES amp S Customer is responsible for obtaining any upgrades or purchases of third party hardware or software required to operate the Updates All Updates shall be deemed to be Software and shall be subject to all the terms and conditions of ES amp S license of the Software upon delivery Customer shall install Updates in accordance with ES amp S recommended instructions or may request that ES amp S install the Updates in the event Customer requests ES amp S to install an ES amp S Firmware Update ES amp S shall install such Update only in connection with the Routine Maintenance Services provided herein ES amp S may charge Customer at its then current rates to a install Updates or b provide maintenance and support on the Software which is required as a result of Customer s failure to timely install an Update Customer shall be responsible for any claim damage loss judgment penalty cost amount paid in settlement or fee which is caused by Customer s failure to install and use the most recent Update provided to it by ES amp S If Customer proposes changes in the Software to ES amp S such proposals will become ES amp S property ES amp S may in its sole discretion elect to make or not to make such changes without reference or compensation to Customer or any third party ES
5. ES amp S the Hardware Maintenance and Software Maintenance Fees set forth on Schedule B1 for the Initial Maintenance Term and each renewal period The Hardware Maintenance and Software Maintenance Fees for the Initial Maintenance Term are due in three 3 annual payments the first payment being due on the date of expiration of the Warranty Period and the second and third payments being due on the first and second anniversary of the date of expiration of the Warranty Period respectively After expiration of the Initial Maintenance Term ES amp S may increase the Hardware Maintenance and Software Maintenance Fees for a renewal period by not more than five percent 596 of the amount of the most recent Fees paid by Customer The Hardware Maintenance and Software Maintenance Fees for any renewal period shall be due and payable no later than thirty 30 days prior to the beginning of such renewal period The Software Maintenance Fee shall be comprised of i a fee for the Software Maintenance and Support provided for the ES amp S Firmware and ii a fee for the Software Maintenance and Support provided for all other ES amp S Software and shall be in addition to any fees or charges separately referred to in any Section of this Exhibit B or the Agreement If Customer elects to receive Software Maintenance and Support for an Add On or New Product during the Term or any renewal thereof ES amp S will charge an incremental Software Maintenance Fee for such services
6. to any corrections programs information or work product covered by this Agreement Schedule B1 DESCRIPTION OF PRODUCTS The Description of Products and the Pricing for such Products are set forth on the COSTARS Purchase Order Form Please check the Maintenance Program you wish to receive _Break Fix Depot Repair Program Complete Preventative Maintenance Program Per Unit Fees if Customer requests more than one Routine Maintenance visit in a 12 month period Customer shall pay 90 of the then current maintenance fee per unit Surcharge for Emergency Remedial Maintenance Services 150 of the then current maintenance fee per unit Customer s Designated Location Location of Services Customer s Designated Location for Preventative Maintenance Depot for Remedial Break Fix Maintenance Per Unit Surcharge for performance of Routine Maintenance visit at more than one Customer Designated Location 25 00 per unit for all units located at second or more locations ES amp S UNITY SOFTWARE AND FIRMWARE SUPPORT DESCRIPTION Software Maintenance and Support Services Provided by ES amp S Under the Agreement 1 Telephone support ES amp S will provide support on procedural questions of a specific nature not covered in ES amp S User Manuals e ES amp S will verify the appropriate steps to take to resolve issues identified by the Customer 2 Issue Resolution to be provided on a limited basis e ES amp S w
7. Ballot image Manager BIM T 10 000 UNITY iVotronic Image Manager iVIM LLL 810 00 UNITY Ballot On Demand BOD E o xe du SUD UNITY Data Acquisition Manager DAM LL LLL LLL 2500 UNITY Election Data Manager EDM NEED 12 500 UNITY Election Reporting Manager ERM 8 000 UNITY Hardware Programming Manager HPM seoono UNITY AutoMark Information Management Software AIMS Oo O OT 21 EM FEE O a EI Training Per Customer Per Day Rate AO PES MIELE 1of4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2008 through December 31 2008 Quantity May November Description Primary General Equipment Operations ES amp S will provide classroom style 1 200 training with hands on practice using ES amp S equipment General operations tabulation procedures backups and general maintenance procedures are covered Class size is limited to 20 EMS Software A system overview that covers the modules 1 200 licensed by Customer Class size is limited to 10 and course participant manuals are included Customer will ensure participants have an appropriate level of technical experience including intermediate skills in relational database administration Poll Worker ES amp S agrees to conduct Poli Worker Train the 1 200 Trainer classes Class size is limited to 20 Manu
8. Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2009 through December 31 2009 Quantity Description Primary General Part Complete System Pricing Optical Scan Precinct Tabulation I paa Model M100 Includes Scanner Double Bin Steel Ballot Box Start Up Kit PCMCIA Card and installation BEEN AERE internal Modem Landline Soft sided Transfer Carrying Case A t cu Security Lids ro PCMCIA Cards additional aaa Unit Price 200 70 Total Price Omni Drive aa ees o osoo o o o oS SSS S 04 aa Coie Optical Scan Central Count Tabulation Model M650 Includes Scanner Table Start Up Kit Dust Cover i ME 46 250 installation Ballot Boxes oOo 128 Ballot Joggers Ea ROME 550 Secrecy Sleeves Cardboard H E 3 NER MR ISS DRE Touch Screen iVotronic Voter Terminal includes Booth PEB 128mb Flashcard bn 2 500 and installation iVotronic ADA Voter Terminal includes Booth PEB 128mb 2 795 Flashcard and installation iVotronic Supervisor Terminal includes PEB 128mb Flashcard aie A a Power Supply Power Cord and installation 995 Printer Pack thermal printer onl 650 Additional Flash Cards 128mb VO OOOO aa S70 Additional PEB s BEND AA RENE 17 3 PEB Reader 1l 1 sl Flash Card Reader Writer Cd 30 Soft sided Carrying Bags FOCO A ses 17 3
9. ORDINANCE NUMBER 180 2007 Waiver of the Purchasing Code for a Three Year Contract Between Erie County Government and Election Systems and Software BE IT ENACTED by the County Council of the County of Erie pursuant to Article II Section 3B 1 of the Erie County Home Rule Charter that this 2007 General Fund Budget Waiver of Section 1C 1 of the County Purchasing Code for a three year contract between Erie County and Election Systems and Software for the maintenance of particular election equipment is hereby approved as outlined on the contract attached hereto as Exhibit A This ordinance shall be effective immediately upon adoption COUNTY COUNCIL OF THE Attest Date December 18 2007 n wA Pelea eph F 2 se Chairman a Li e Approyed j 4 Ronald G o Mark A ak fe County Executive Date Jh d 7 tS PT fae T HA E ast d ate Au David E Mitchell Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2008 May November Description Primary General Unit Price Total Price Part Complete System Pricing Optical Scan Precinct Tabulation EMEN RS RE Model M100 Includes Scanner Double Bin Steel Ballot Box Start NND NEN 4 995 Up Kit PCMCIA Card and installation Internal Modem Landline dul 3200 Soft sided Transfer Carrying Case O SO
10. Security Lids Sa A E 4 PCMCIA Cards additional e Omni Drive EA ES seoj SS oS IEA e ARE Optical Scan Central Count Tabulation Pe O A Model M650 Includes Scanner Table Start Up Kit Dust Cover and Rao ie ia installation BallotBoxes Z4 ZJd1 l 128 Ballot Joggers xxx d ae FA Secrecy Sleeves Cardboard o 3 E O A DRE Touch Screen IMA ER EE iVotronic Voter Terminal includes Booth PEB 128mb Flashcard EM ANE LU and installation iVotronic ADA Voter Terminal includes Booth PEB 128mb HEN NE 2 795 Flashcard and installation iVotronic Supervisor Terminal includes PEB 128mb Flashcard ae WEN 2 200 Power Supply Power Cord and instailation Communication Pack modem w thermal printer 995 Additional Flash Cards 128mb ES 70 Additional PEB s ose 75 PEB Reader ae E ae Flash Card Reader Writer OO TOO O 30 Soft sided Carrying Bags 105 a RTAL Printer ease HEC SEIEN LESE Factory Installed o Y 8700 Field Installed aa eee eee NNUS ara A E ERE Optical Ballot Marking Device EA AR A DORIA RON ES amp S AutoMark Includes Terminal Transport Case Ink Cartridge EN 5 090 land 256mb Flashcard Table for Voter Assist Terminal PEA ee lo OO te Additional Ink Cartridge 30 Additional Flashcard 256mb 890 EMEN ANY EV uci Meca MEM pM NECS Election Management System Software Cd o o UNITY
11. ailability ES amp S shall use reasonable efforts to promptly make available to Customer a product that is the same as or substantially similar to the Product for which Remedial Maintenance Services are being performed a Loaner Unit If the Remedial Maintenance Services are being performed pursuant to Subsection 2 d ii above Customer shall pay ES amp S for the use of the Loaner Unit at ES amp S then current rates including the cost of shipping e Exclusions ES amp S has no obligation under this Exhibit B to 1 assume the obligations under any existing or expired warranty for a Third Party Item ii repair or replace Product components that are consumed in the normal course of operating the Product including printer ribbons paper rolls batteries removable memory packs cancellation stamps ink pads or red stripe pens or iii repair any Product from which the serial number has been removed or altered In addition ES amp S may at any time in its discretion determine that any Product is no longer fit for Hardware Maintenance Services because it is in such poor condition that it cannot practically be restored to Normal Working Condition or cannot be restored to Normal Working Condition at an expense that is less than the then current value of the Product If such a determination is made ES amp S shall no longer be required to provide Hardware Maintenance Services for such Product ES amp S shall also refund to Customer an amount equa
12. als are provided up to 20 and a master template for duplication for Poll Workers is included Training Additional or subsequent training for County Election 1 200 Officials and Staff Per Customer Per Day Rate On Site Election Support 3 day Minimum ES amp S will provide 1 300 Software accumulation assistance on Election Day Night of each contracted election Public Test Logic and Accuracy Testing ES amp S will assist in the 1 300 development of logic and accuracy procedures according to State Elections Code and assist in the actual L amp A testing procedures Project Management A project manager appointed by ES amp S shall 1 500 ibe responsible for the overall planning communication management and coordination of ES amp S Services This person shall be the liaison for Customer with ES amp S as it pertains to all products services and obligations set forth in the contract Part Il Component Pricing Post Warranty Maintenance The terms for post warranty All rates reflect a per unit annual fee for the first three Hardware Maintenance and Software Maintenance and Support post warranty years Note the first post warranty are set forth on Exhibit B of the original Purchase Order period begins on June 1 2007 between ES amp S and the Count Break FixDepotRepairProgram CC Ss O Oy MATTE O NA REN SS oOo o SS Model 650 lNotAvalabe iVotronic I l
13. amp S represents to Customer that the Updates will comply with all applicable state law requirements at the time of delivery Customer shall be responsible to ensure that it has installed and is using only certified versions of Software in accordance with applicable law Customer shall pay ES amp S for any Update which is required due to a change in federal or state law 2 Reinstatement of Software Maintenance and Support If the Initial Maintenance Term or any renewal thereof expires without being renewed Customer may thereafter resume receiving Software Maintenance and Support upon a notification to ES amp S b payment of all fees which would have been due to ES amp S had the Initial Maintenance Term or any renewal period not expired as applicable and c the granting to ES amp S of access to the ES amp S Software so that ES amp S may analyze it and perform such maintenance as may be necessary before resuming the Software Maintenance and Support 4 Conditions ES amp S shall not provide Software Maintenance and Support for any item of ES amp S Software if such item requires such services as a result of a repairs changes modifications or alterations not authorized or approved by ES amp S b accident theft vandalism neglect abuse or use that is not in accordance with instructions or specifications furnished by ES amp S c causes beyond the reasonable control of ES amp S or Customer including acts of God fire riots acts of war t
14. c cou 1 995 1 7 7 ES amp S AutoMARK HO a 145 RA A Complete Preventative Maintenance Program IE ES Model 100 A R d 1s Model 650 a 32600 2 600 00 iVotronic A y gs ES amp S AutoMARK E occu Firmware Maintenance and Support Model 100 PES A 30 Model 650 295 295 00 Votronic E PEA 30 ES amp S AutoMARK SE NEM EL MERECE 2 of 4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2008 through December 31 2008 Quantity November Description Prima General Unit Price Total Price as HEEE Software Maintenance and Support A c UNITY Ballot Image Manager BIM 2 000 00 UNITY Ballot Image Manager BIM Pe O 22 000 2 000 00 UNITY Ballot On Demand BOD as 15000 1 000 00 UNITY Data Acquisition Manager DAM 500 500 00 UNITY Election Data Manager EDM 1 2500 2 500 00 UNITY Election Reporting Manager ERM 1 1 4600 1 600 00 UNITY Hardware Programming Manager HPM Ite d 8 1 4 000 4 000 00 UNITY AutoMark Information Management Software AIMS 500 f mk Part Ill Optional Item Pricing Okidata C9600HDN Ballot on Demand Printer with Guide D L 4595 Results Accumulation Network 818720 Voting Booths Model VI with Lamp 215 Voting Boot
15. duct while it is under normal use and service Customer shall promptly notify ES amp S and ES amp S shall use reasonable efforts to restore the Product to Normal Working Condition as soon as practicable The Remedial Maintenance Extended Warranty provides that ES amp S will repair or replace any component of our proprietary equipment or software which while under normal use and service a fails to perform in accordance with its documentation in all material respects or b is defective in material or workmanship Pricing Notes 1 Payment Terms a 100 of Order Total Due within thirty 30 Calendar Days after Purchase Order Execution b 10096 of Annual Maintenance Fee will be invoiced prior to the start of each annual maintenance period Payment terms are net 30 from invoice date Delivery Notes 1 ES amp S reserves the right to substitute Customer s selection of precinct accessibility equipment ES amp S AutoMARK or iVotronic ADA Voter Terminal as applicable with ES amp S alternative precinct accessibility equipment ES amp S AutoMARK or iVotronic ADA Voter Terminal as applicable for delivery and temporary use in Customer s May 2006 Primary Election In the event that ES amp S elects to make such temporary substitution ES amp S shall retrieve the substituted precinct accessibility equipment from Customer s location as soon as reasonably practicable after Customer s May 2006 Primary Election and deliver Customers selected precinct access
16. ecessitates a modification retrofit or replacement of any of ES amp S proprietary hardware to the extent such modifications retrofits or replacements are technologically feasible within the then existing hardware configuration ES amp S shall develop manufacture and certify such changes on a timeline to be agreed upon by the parties and at the Customer s sole cost and expense d Remedial Maintenance Services i Defects Under Normal Use and Service f a defect or malfunction occurs in any Product while it is under normal use and service Customer shall promptly notify ES amp S and ES amp S shall use reasonable efforts to restore the Product to Normal Working Condition as soon as practicable The services provided by ES amp S pursuant to this Subsection 2 d i are referred to herein as Remedial Maintenance Services ES amp S shall provide the Remedial Maintenance Services at its Depot provided however that if Remedial Maintenance Services are required for ten 10 or more Products at any given time Customer may elect to have them provided at its Designated Location provided further that all Remedial Maintenance Services provided for central count equipment shall be provided at Customers Designated Location Customer acknowledges that Product s identified on Schedule B1 as depot repair only may only be repaired at a Depot ii Defects Due to Customer Actions or Omissions If a defect or malfunction occurs in any Product as a
17. errorism or insurrection labor disputes transportation delays governmental regulations and utility or communication interruptions d Customer s failure to timely and properly install and use the most recent Update provided to it by ES amp S e Customer s failure to notify ES amp S within 24 hours after Customer knows of the need for such services or f if Customer is otherwise not in compliance with its obligations under this Agreement Any such Software Maintenance and Support shall be provided at the fees to be agreed upon by the parties if and when the need for such Software Maintenance and Support arises 5 Proprietary Rights ES amp S shall own the entire right title and interest in and to all corrections programs information and work product conceived created or developed alone or with Customer or others as a result of or related to the performance of this Exhibit B including all proprietary rights therein or based thereon Subject to the payment of all Software Maintenance Fees ES amp S hereby grants to Customer a non exclusive license to use that portion of such corrections programs information and work product that ES amp S actually delivers to Customer pursuant to this Exhibit B All licensed items shall be deemed to be ES amp S Software for purposes of this Agreement Except and to the extent expressly provided herein ES amp S does not grant to Customer any right license or other proprietary right express or implied in or
18. ervices If a defect or malfunction occurs in any Product while it is under normal use and service Customer shall promptly notify ES amp S and ES amp S shall use reasonable efforts to restore the Product to Normal Working Condition as soon as practicable The Remedial Maintenance Extended Warranty provides that ES amp S will repair or replace any component of our proprietary equipment or software which while under normal use and service a fails to perform in accordance with its documentation in all material respects or b is defective in material or workmanship Pricing Notes 1 Payment Terms a 10096 of Order Total Due within thirty 30 Calendar Days after Purchase Order Execution b 100 of Annual Maintenance Fee will be invoiced prior to the start of each annual maintenance period Payment terms are net 30 from invoice date Delivery Notes 1 ES amp S reserves the right to substitute Customer s selection of precinct accessibility equipment ES amp S AutoMARK or iVotronic ADA Voter Terminal as applicable with ES amp S alternative precinct accessibility equipment ES amp S AutoMARK or iVotronic ADA Voter Terminal as applicable for delivery and temporary use in Customer s May 2006 Primary Election In the event that ES amp S elects to make such temporary substitution ES amp S shall retrieve the substituted precinct accessibility equipment from Customer s location as soon as reasonably practicable after Customer s May 2006 Primary Elec
19. es This person shall be the liaison for Customer with ES amp S as it pertains to all products services and obligations set forth in the contract Part Il Component Pricing Post Warranty Maintenance The terms for post warranty Hardware Maintenance and Software Maintenance and Support are set forth on Exhibit B of the original Purchase Order between ES amp S and the Count OOOO Hof years Quantity Rate Fees MEE EE All rates reflect a per unit annual fee for the first three post warranty years Note the first post warranty period begins on June 1 2007 Break Fix Depot Repair Program Lc Model 100 pq ep _ Model 650 1 01 1 Y Not Available iVotonig A ss ES amp S AutoMARK PS ST 955 A ML ee Complete Preventative Maintenance Program ba cl 3i cca Hr cu Model 100 E A 58195 __ Model 650 po 2 00 2 600 00 iVotronie s Lem Z O ES amp S AutoMARK AE a 280 pol o3 i Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2010 through December 31 2010 Total Price l May a Description Primary General Unit Price Er eei amem Software Maintenance and Support MI MENS ASS UNITY Ballot Image Manager BIM 1 2 000 2 000 00 UNITY Ballot image Manager BIM 2 000 2 000
20. f such inspection will be at the current published ES amp S rate plus ES amp S Out of Pocket Expenses and shall be due from Customer within thirty 30 days of its receipt of ES amp S invoice therefore If any of the Products is not in Normal Working Condition ES amp S at the option of Customer i shall provide such repairs and replacements as ES amp S deems reasonable and necessary to restore such Product s to Normal Working Condition at Customer s expense with respect to the cost of any parts used in such repairs or replacements or ii shall not provide any Hardware Maintenance Services with respect to such Product s For purposes of this Exhibit B Out Of Pocket Expenses shall mean all travel meal and lodging expenses incurred by ES amp S employees or authorized representatives ES amp S Representatives who are required to travel to Customers Designated Location to provide services Customer s Designated Location shall mean Customer s owned or leased facility at which Customer desires ES amp S to perform the Hardware Maintenance Services Customers Designated Location is specified on Schedule B1 b Routine Maintenance Services An ES amp S Representative shall provide such services as may be necessary to keep the Products in Normal Working Condition Routine Maintenance Services once each twelve 12 months during the Initial Maintenance Term or any renewal thereof Customer may request that Routine Maintenance Services be perf
21. ger ERM 1 1 1 600 1 600 00 UNITY Hardware Programming Manager HPM 4 000 00 UNITY AutoMark Information Management Software AIMS 500 Part Ill Optional Item Pricing Okidata C9600HDN Ballot on Demand Printer with Guide 4 595 Results Accumulation Network tee il 18 720 Voting Booths Model VI with Lamp a jj 215 Voting Booths Model VI Accessible with Lamp io Uh ll 245 Other Shipping Charges Order Subtotal Additional Discount 16 495 00 Order Total 1 6 495 00 County Name Customer Erie County Pennsylvania County contact person Douglas Smith County Clerk Address for delivery of equipment no PO box 140 West 6th Street Room 116 City State Zip Erie PA 16501 Phone number 814 451 6303 Delivery Date s County Purchasing Certification certify that this document represents a purchase order for Voting Systems and or Post Warranty Maintenance for such Voting Systems certify that 1 sufficient county funds are available for any of this purchase that exceeds my allocation of federal HAVA and or State funds 2 the county portion of funds has been authorized and appropriated by the Board of Commissioners for this purchase 3 this Purchase Order is subject to the terms and conditions of the COSTARS 10 Voting Systems Contract and the Supplemental Terms and Conditions set forth on Exhibit A attached hereto and fully incorporated herein by this reference and 4 am autho
22. hardware or software User Guides Installation Instructions are provided for these processes Issue resolution for printers and modems not supported by ES amp S applications Issue resolution for requests made by non ES amp S service providers 10 Issue resolution for Audio files prepared by a non ES amp S approved vendor 11 Setup or Installation of Unity products not in accordance with Certificated Configuration Software Maintenance and Support Services Customer Responsibilities fa Customer shall have completed a full Unity training session for each product selected Customer shall have completed training at a proficiency level to successfully use hardware firmware and software products for General and Primary elections Customer shall have the ability to install application firmware and software and make changes to date and time settings Customer shall have the ability to change the stick batteries on the iVotronic system and the pick belts on the Model 650 Any other changes made by the customer must be pre approved in writing by ES amp S e Customer shall have the ability to store equipment in accordance with ES amp S requirements 2 Customer shall have reviewed a complete set of User Manuals 3 Customer shall have reviewed Training Checklists
23. hs Model VI Accessible with Lamp 8245 Other DAA Order Subtotal 16 495 00 Additional Discount aaa Order Total 16 495 00 County Name Customer Erie County Pennsylvania County contact person Douglas Smith County Clerk Address for delivery of equipment no PO box 140 West 6th Street Room 116 City State Zip Erie PA 16501 Phone number 814 451 6303 County Purchasing Certification certify that this document represents a purchase order for Voting Systems and or Post Warranty Maintenance for such Voting Systems certify that 1 sufficient county funds are available for any of this purchase that exceeds my allocation of federal HAVA and or State funds 2 the county portion of funds has been authorized and appropriated by the Board of Commissioners for this purchase 3 this Purchase Order is subject to the terms and conditions of the COSTARS 10 Voting Systems Contract and the Supplemental Terms and Conditions set forth on Exhibit A attached hereto and fully incorporated herein by this reference and 4 am authorized by the Board of Commissioners to submit this purchase order have attached a letter or meeting minutes from the Board of Commissioners authorizing this purchase m j2 07 Signature Date Print Name Mark A DiVecchio County Executive Title ELECTION SYSTEMS amp SOFTWARE INC Signature Date Print Name 3of4 Commonwealth of Pennsylvania Purchase Order
24. ibility equipment in reasonably sufficient time prior to Customer s November 2006 General Election for installation and use therefor 4 of4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2010 through December 31 2010 A A gt A la a May November Description Prima General Unit Price Total Price Part Complete System Pricing Optical Scan Precinct Tabulation EAE EHE ee Model M100 Includes Scanner Double Bin Steel Ballot Box Start 4 995 Up Kit PCMCIA Card and installation e ee internal Modem Landline he Sik 39200 Soft sided Transfer Carrying Case OO 70 Security Lids ENS EFIE NEUE d PCMCIA Cards additional e 4 ua 2980 Omni Drive Optical Scan Central Count Tabulation Model M650 Includes Scanner Table Start Up Kit Dust Cover and AAA BB BERE n 46 250 pes installation Balot Boxes BT Balot Jaggers HO Secrecy Sleeves Cardboard Jo 3 _ DRE Touch Sereen Touch Screen AR NER DEREN iVotronic Voter Terminal includes Booth PEB 128mb Flashcard 2 500 lid YR pur ere gt bem Flashcard and installation iVotronic Supervisor Terminal includes PEB 128mb Flashcard e Power Sup ply Power Cord and installation _ Communication Pack modem w thermalprinter o 995 Printer Pack the
25. ill provide issue resolution on a limited basis once the Customer has followed all issue resolution procedures as set forth in the User Manuals and as directed in the required training course If it becomes apparent that the Customer has not followed the appropriate User Manual and or training directives Customer will be advised to begin the issue resolution process over by following the procedures identified in the User Manuals or by utilizing ES amp S Election Services The Customer may also be advised that additional training 3 may be necessary to ensure the Customer has the appropriate level of issue resolution training ES amp S will provide Technical Bulletins on a schedule to be determined by ES amp S regarding specific issues the Customer may be experiencing Software Maintenance and Support Services Not Provided by ES amp S Under the Agreement 1 2 8 9 Network design layout or administration Training for any Unity product Election set up and programming Where how do start my programming of my Election Installation of Unity modules firmware or setting date or time User Guides Installation Instructions Training Checklists and Technical Bulletins are provided for these processes e Installation of Unity modules printers and peripherals These items shall be the responsibility of the Customer Third Party Interface Import from non ES amp S Voter Registration System Installation of third party
26. it A attached hereto and fully incorporated herein by this reference and 4 am authorized by the Board of Commissioners to submit this purchase order have attached a letter or meeting minutes from the Board of Commissioners authorizing this purchase Din Date Print Name Mark A DiVecchio County Executive Title ELECTION SYSTEMS SOFTWARE INC Signature Date Print Name 3of4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2010 20 o o iy o May November Description Primary General Unit Price Total Price Title Maintenance Notes 1 Break Fix Depot Repair Program ES amp S will repair or replace any component of our proprietary equipment or software which while under normal use and service a fails to perform in accordance with its documentation in all material respects or b is defective in material or workmanship The principal elements of this program are a Equipment requiring repairs must be sent to a location designated by ES amp S b Customer is responsible for freight to and from the designated ES amp S repair location c Repairs as a result of negligent care of the equipment are not covered under this program 2 Preventative Maintenance Program On Site Annual Routine Maintenance Services Includes cleaning lubrication and calibration services On Site Remedial Maintenance S
27. l to 1 that portion of the most recent fee paid for Hardware Maintenance Services that is attributable to such Product multiplied by 2 a fraction the numerator of which is the remaining number of days in the Initial Maintenance Term or renewal period for which such fee was paid and the denominator of which is the total number of days in such Initial Maintenance Term or renewal period f Sole Provider Access Customer shall not permit any individual other than an ES amp S Representative to provide maintenance or repairs with respect to the Products for so long as the Initial Maintenance Term or any renewal period is in effect Customer shall provide ES amp S Representatives with all information necessary to enable them to provide Hardware Maintenance Services Customer shall likewise provide full access to the Products and adequate working space for all Hardware Maintenance Services performed at its Designated Location including sufficient heat lights ventilation electric current and outlets g Storage When not in use Customer shall properly store the Products in accordance with the storage requirements established in the Documentation ARTICLE Ill SOFTWARE 1 Services Provided ES amp S shall provide maintenance and support services for the ES amp S Software Software Maintenance and Support to enable it to perform in accordance with its Documentation in all material respects and to cure any defect in material or workmanship
28. ormed more than once during any such twelve 12 month period Any such request shall be made at least sixty 60 days before the Routine Maintenance Services are desired The per unit fee for such additional Routine Maintenance Services is set forth on Schedule B1 and shall be due within thirty 30 days after invoice Routine Maintenance Services shall include cleaning lubrication and calibration services At the request of Customer ES amp S shall provide a reasonably detailed record of all Routine Maintenance Services performed with respect to one or more Products The Routine Maintenance Services will be provided either at Customer s Designated Location or at an ES amp S designated depot facility Depot as elected by Customer on Schedule B1 Customer shall pay all costs associated with shipping Product s to a Depot including insurance C Compliance with Laws in performing its obligations or enjoying its rights under this Agreement each party shall comply with all applicable laws and regulations In addition ES amp S represents and warrants to Customer that at the time of delivery the Hardware will comply with all applicable requirements of federal and state election laws and regulations that are mandatory and effective as of the effective date and wil have been certified by the appropriate state authorities for use in the Jurisdiction If a change in applicable federal or state election laws or regulations or certification standards n
29. result of 1 repairs changes modifications or alterations not authorized or approved by ES amp S 2 accident theft vandalism neglect abuse or use that is not in accordance with instructions or specifications furnished by ES amp S or 3 causes beyond the reasonable control of ES amp S or Customer including acts of God fire riots acts of war terrorism or insurrection labor disputes transportation delays governmental regulations and utility or communication interruptions or if Customer does not notify ES amp S within 24 hours after it knows of the defect or malfunction or is otherwise not in compliance with its obligations hereunder Customer shall pay ES amp S for the Remedial Maintenance Services at ES amp S then current rates as well as for the cost of all parts used in connection with such Remedial Maintenance Services iii Timing The date s on which any Remedial Maintenance Services shall be provided shall be mutually agreed upon by ES amp S and Customer If Customer requires ES amp S to provide emergency Remedial Maintenance Services which shall be defined as Remedial Maintenance Services that are provided within 48 hours after Customer notifies ES amp S of the need therefor and such emergency Remedial Maintenance Services are not needed as a result of an action error or omission by ES amp S Customer shall pay a surcharge as set forth on Schedule B1 iv Loaner Unit At Customers request and subject to product av
30. rized by the Board of Commissioners to submit this purchase order have attached a letter or meeting minutes from the Board of Commissioners authorizing this purchase D 1 0 Date Print Name Mark A DiVecchio County Executive Title ELECTION SYSTEMS amp SOFTWARE INC Signature Date Print Name 3of4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2009 through December 31 2009 A o NEN DEUM A May November Description i Primary General Unit Price Total Price Title Maintenance Notes 1 Break Fix Depot Repair Program ES amp S will repair or replace any component of our proprietary equipment or software which while under normal use and service a fails to perform in accordance with its documentation in all material respects or b is defective in material or workmanship The principal elements of this program are a Equipment requiring repairs must be sent to a location designated by ES amp S b Customer is responsible for freight to and from the designated ES amp S repair location c Repairs as a result of negligent care of the equipment are not covered under this program 2 Preventative Maintenance Program On Site Annual Routine Maintenance Services Includes cleaning lubrication and calibration services On Site Remedial Maintenance Services if a defect or malfunction occurs in any Pro
31. rmal printer only S 650 Additional Flash Cards 128mb CT 70 Additional PEB s___________________________ _____ ____ __ 75 IPEBReader 2 0 Flash Card Reader Writer pepe 0 Soft sided Carrying Bags INN INS NT IEA RTAL Printer Factory Installed Field Installed 850 SA all A A HA A ees EN lO Y Optical Ballot Marking Device AE FO E ES amp S AutoMark Includes Terminal Transport Case Ink Cartridge NEN BENE LU EET and 256mb Flashcard Table for Voter Assist Terminal EGO ES BIEN EE EE SS ae FCR aaa ee a aaa AE Additional Ink Cartridge Additional Flashcard 256mb A A Election Management System Software EA wl UNITY Ballot Image Manager BIM UNITY iVotronic Image Manager iVIM 10 00 UNITY Ballot On Demand BOD 85 000 UNITY Data Acquisition Manager DAM Bo A ee eee UNITY Election Data Manager EDM tid T 12 00 UNITY Election Reporting Manager ERM 8 000 UNITY Hardware Programming Manager HPM 20 000 UNITY AutoMark Information Management Software AIMS 2 500 LA ee Training Per Customer Per Day Rate as o ___ 1of4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2010 through December 31 2010 SAS ES O tty Description Primary General Unit Price Total Price Equipment Opera
32. rt ll Component Pricing Post Warranty Maintenance The terms for post warranty All rates reflect a per unit annual fee for the first three Hardware Maintenance and Software Maintenance and Support post warranty years Note the first post warranty are set forth on Exhibit B of the original Purchase Order period begins on June 1 2007 between ES amp S and the Coun of years Quantit Rate Fees Break Fix Depot Repair Program Model 100 Model 650 i iVotronic 55 i ES amp S AutoMARK 145 SAR AAA AO E e Model 100 195 Model 650 1 2 600 2 600 00 iVotronic 95 ES amp S AutoMARK 280 ER AN Firmware Maintenance and Support Model 100 30 Mode 650 1 295 Votronic ES amp S AutoMARK 20f4 Commonwealth of Pennsylvania Purchase Order Form COSTARS 10 Voting Systems Election Systems amp Software Erie County Pennsylvania January 1 2009 through December 31 2009 Quantit aaa May November Description Primary General Unit Price Total Price je A ee ES Software Maintenance and Support foe ara oe ed UNITY Ballot Image Manager BIM 1 2 000 UNITY Ballot Image Manager BIM 1 s2000 2 000 00 UNITY Ballot On Demand BOD 1 1 000 UNITY Data Acquisition Manager DAM 1 UNITY Election Data Manager EDM 1 2 500 00 UNITY Election Reporting Mana
33. tion and deliver Customer s selected precinct accessibility equipment in reasonably sufficient time prior to Customer s November 2006 General Election for installation and use therefor 4of4 EXHIBIT B POST WARRANTY MAINTENANCE SERVICES ARTICLE I GENERAL Te Term Termination This Exhibit B shall be in effect from the date on which the Warranty Period expires until the third anniversary thereof the Initial Maintenance Term The Maintenance Term shall automatically renew for an unlimited number of successive one year periods until this Exhibit B is terminated by the first to occur of a either party s election to terminate it upon expiration of the Initial Maintenance Term or any renewal thereof written notice of which shall be given to the other party at least sixty 60 calendar days prior to such annual expiration date b the date that is thirty 30 days after either party notifies the other that the other has materially breached this Exhibit B and the breaching party fails to cure such breach within such thirty 30 day period or c the date that is thirty 30 days after Customer fails to pay any amount due ES amp S under this Exhibit B The termination of this Exhibit B shall not relieve Customer of its liability to pay any amounts due ES amp S hereunder 1 Fees In consideration for ES amp S agreement to provide Hardware Maintenance Services and Software Maintenance and Support under this Exhibit B Customer shall pay to
34. tions ES amp S will provide classroom style 1 200 training with hands on practice using ES amp S equipment General operations tabulation procedures backups and general maintenance procedures are covered Class size is limited to 20 EMS Software A system overview that covers the modules 1 200 licensed by Customer Class size is limited to 10 and course participant manuals are included Customer will ensure participants have an appropriate level of technical experience including intermediate skills in relational database administration Poll Worker ES amp S agrees to conduct Poll Worker Train the 1 200 Trainer classes Class size is limited to 20 Manuals are provided up to 20 and a master template for duplication for Poll Workers is included Training Additional or subsequent training for County Election 1 200 Officials and Staff Per Customer Per Day Rate MA UMEN EDEN E On Site Election Support 3 day Minimum ES amp S will provide 1 300 software accumulation assistance on Election Day Night of each a E contracted election Public Test Logic and Accuracy Testing ES amp S will assist in the 1 300 development of logic and accuracy procedures according to State Elections Code and assist in the actual L amp A testing procedures Project Management A project manager appointed by ES amp S shall 1 500 be responsible for the overall planning communication management and coordination of ES amp S Servic
35. ures are covered Class size is limited to 20 EMS Software A system overview that covers the modules 1 200 licensed by Customer Class size is limited to 10 and course participant manuals are included Customer will ensure participants have an appropriate level of technical experience including intermediate skills in relational database administration Poll Worker ES amp S agrees to conduct Poll Worker Train the 1 200 Trainer classes Class size is limited to 20 Manuals are provided up to 20 and a master template for duplication for Poll Workers is included Training Additional or subsequent training for County Election 1 200 Officials and Staff Per Customer Per Day Rate gt ae eee On Site Election Support 3 day Minimum ES amp S will provide 1 300 software accumulation assistance on Election Day Night of each mun contracted election Public Test Logic and Accuracy Testing ES amp S will assist in the 1 300 development of logic and accuracy procedures according to State Elections Code and assist in the actual L amp A testing procedures Project Management A project manager appointed by ES amp S shall 1 500 be responsible for the overall planning communication management and coordination of ES amp S Services This person shall be the liaison for Customer with ES amp S as it pertains to all products Services and obligations set forth in the contract Pa
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