10-24-11 Regular Meeting of La Porte City Council

Browse Search

In consideration for the agreements set forth herein, the parties agree as follows: 1. Purchase of HVS Hardware and Equipment; License of Software: 1.1 Sale Hart agrees to sell and Client agrees to purchase the HVS Hardware, subject to the terms and conditions set forth in this Agreement. 1.2 Licenses and Sublicenses Simultaneously upon entering into this Agreement, Hart and Client will enter into the Hart Voting System Warranty, License, and Support Agreement ( "HVS License Agreement ") in the form of Exhibit A, the terms of which are incorporated herein by reference. The License Agreement sets forth additional terms applicable to Client's ownership and use of the HVS Hardware and license of Hart Proprietaiv Software, including warranty, support of software and hardware, license of software, and other terms. 1.3 Delivei v and Installation. Hart will cause the HVS Hardware with Software to be delivered to Client's premises on a date mutually agreed to by Hart and Client. A Hart representative may install the HVS Hardware containing the HVS Software at the Client's site on a mutually agreed upon date during Hart normal working hours, within ten (10) business days or as soon as is practicable for both Parties. Billing will occur on the date the HVS Hardware is shipped to the Client's site. If additional labor and rigging or Client - specified customization is required for installation due to Client's special site requirements, Client will pay those costs including costs to meet union or local law requirements. (a) Hart may provide onsite and offsite project management, operational training, and Election Day support for the first election in which the Equipment and Software are used. Project management may include equipment administration, ballot programming, and support for logic and accuracy testing. Training may include administrative staff training on HVS Software and Equipment, and training for polling place officials. Professional Service days cannot be exchanged for HVS or third party equipment, software, License & Support or Maintenance fees. If the Professional Services offered under the terms of this contract are not used prior to 60 days after the date of the Client's first election in which any portion of the Equipment and Software are used, the Professional Services shall expire. (b) Any additional training and/or professional services which may be identified and mutually agreed upon will be documented in a Service Order, including details regarding the type and location of the training and /or services and the cost for the additional training and /or services requested by the client. If agreed to and signed off in writing by Hart and Client, charges for the additional training and /or services will be invoiced to Client at Hart's then - current rates, plus travel, communication and other expenses. 1.4 Training and Documentation Hart will provide to Client one (1) electronic copy of the standard user -level documentation for the Software and standard operational training for the HVS System installed at the Client's location before the first election for which the Software will be used. Hart will provide Client operational training and on -site support at the first election in which the Equipment and Software are used. Charges for additional training or support services will be invoiced to Client at Hart's then - current hourly rates, plus travel, communication, and other expenses. Any additional training or support services will be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 1.5 User Documentation; Environmental Specifications Hart will provide to Client one (1) electronic copy of the applicable then - current user documentation and operator's manuals for the HVS Hardware and Software and, where applicable, environmental specifications for the Hardware. Client Page 2 of 15 HVS Agreement — Revised 09 -2011