Okaloosa County BOCC — September 15, 2015 — Order Agreement — reading text

n ELECTION tVt'llMI • SOfTWUll 11 208.JOHN GAl.T BlVO Of.tAHA, NE681 37-2364 (402)59l-O IOI Sales Order Agreement Customer P .O. II.------------ ht Bectk>n Date: ~M-•~rch ~1~5~2~0-1B~------- Es&nated Deivery Date: W eek of Odober 12 2015 Customer Contact. Ule: Paul Lux - Supervisor of Eledlons Phone Number: (850) 689· 5600 Customer Name: Okaloosa Counly. Fh>rida Fax Number: (850) 851 -7275 Type of Sale: GJ NEW Type of Equip: 0 NEW D REFURBIS HED Biii To: Shi To: Okaloosa County, Fforida Okaloosa County. Florida Paul Lux - Supervisor of Eledions Paul Lux - Supervisor of Elec:tions 302 Wilson St. N . - Suite 102 5479 Old Belhel Rd. Crestvtew FL 32536 Cr eslvfew FL 32536 Model 05200 Digital Im age Scanner with PlasUc B allot Box with Steel Door and e~Bin, 1 05200 60 $5,750.00 $345,000.00 Reverse Wound Paper Roll, and 4GB Jump Drive Model 05850 H igh Speed Olgttal Image Scanner with Steel Table, Report Printer, Audit 2 05850 Printer, Battery Bacl<up, llYo (2) USB Cables, Three (3) 8GB Jump Drives, Start·Up Kit, $ 111,500.00 $111 ,500.00 and Oust Cover 3 License Fee Initial Annual Ucense Fee Included Included AutoMARK Voter Assist Terminal with Transport Case, Power Card, Ink Cartridge, 1GB 4 Au1oMARK 60 $1,200.00 $72,000.00 Flashcard, Headset, and Two (2) Privacy Sleeves 5 s onware ElectlonWare - PYO Standard $35,850.00 $35,850.00 6 Installation Model 0$200 Scanners BO $115.00 $8,900.00 7 lnstallalionn'tafning Fee Model DS650 lnSlallatlon/Trainlno Fee (Isl Unit) $3,500.00 $3,500.00 8 Installation AutoMARK Terminals 60 $105.00 $8,300.00 9 Services Equipment Operations Training Day $1 ,575.00 $1 ,575.00 10 Services Software Training Oay $1,575.00 $7,875.00 11 Services Election On-Site Support Event $4,125.00 $8,250.00 12 Other Model OS200 Wireless Modem (Vertz.on) 60 $300.00 $18,000.00 13 Other "GB Jump Drives 20 $105.00 $2,100.00 14 Other 8GB Jump Olives 15 $152.34 $2,285.10 15 3rd P arty Items EVS ...5.0.0 PYO Network System (See Attached Purchase Agreement) $34 ,1 53.34 $34 ,153.34 Equipment Being Traded·ln by Customer lndudes: 82 • AcwVote OS Scanner wilh Ba?lot Box 18 Trade-In Allowance ($15,250.00) ($15,250.00) 12 - AccuVote OSX Scanner with Ballot Box 78 - AccuVole TSX T erminal 17 Shipping Shipplng & H andling $10,400.00 $ 10,400.00 Order Subtota l $ 650,438.44 Freight Biiiab ie: yes 0 no D Customer Discount ($28,000.00) Order To ta l $ 824 438.44 Customer Signature Date Title Trade-In Equipment: ES&S Is responsible f0< packaging, r emoving , and the cost associated with shipping the trade-In equipment rrom Cuslome(s site on a date to be mutually agreed upon by the parties. See ar.c.ompanylng Nationwide Capital, LLC loan Agreement for payment terms. Payment Terms Note 1: Any applicable state and local taxes are not included, and are the responsibility or the Customer. Warranty Period (Years): One (1) Year Aner Equipment Oellvery Hardware Maintenance and Software License, Maintenance and Support Services (Post-Warranty Period) The terms, conditions, and pr~ng for lhe H ardware Maintenance and Software Lice nse, Maintenance and Support Services (Post-Warranty Period) are set forth ln Exhibit A attached herelo. SEE GENERAL TERMS AND CONDITIONS Okaloosa County, FL· DS200·0S850·AM Front Side Sales Order Agreement Wrth PYO Network· 09 .04.2015 Sales Order Agreement 9/4/201 5 10:43 AM  GENERAL TERMS 1. Purchase/License Terms. Subject to the terms and conditions of this Agreement, ES&S the most recent update, or the second most recent update, provided to it by ES&S. This warranty is agrees to sell and/or license, and Customer agrees to purchase and/or license, the ES&S Equipment void for any units of equipment which: (i) have not been stored or operated in a temperature range and ES&S Software described on the reverse side. The payment terms for the ES&S Equipment and according their specifications, (ii) have been severely handled so as to cause mechanical damage to ES&S Software are set forth on the reverse side. Title to the ES&S Equipment shall pass to Customer the unit, or (iii) have been operated or handled in a manner inconsistent with reasonable treatment of when Customer has paid ES&S the total amount set forth on the reverse side for the ES&S an electronic product. The terms of post-warranty maintenance and support are set forth on Exhibit A Equipment. The consideration for ES&S’ grant of the license during the Initial Term for the ES&S b. Exclusive Remedies. ES&S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER Firmware is included in the cost of the ES&S Equipment. EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, 2. Grant of Licenses. Subject to the terms and conditions of this Agreement, ES&S hereby INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR grants to Customer nonexclusive, nontransferable licenses for its elections office employees to use FITNESS FOR A PARTICULAR PURPOSE. the ES&S Software, described on the reverse side, and ES&S’ firmware, which is delivered as part of 8. Limitation Of Liability. Neither party shall be liable for any indirect, incidental, punitive, the ES&S Equipment (“ES&S Firmware”), and related Documentation in the Jurisdiction while exemplary, special or consequential damages of any kind whatsoever arising out of or relating to this Customer is using the ES&S Equipment and timely pays the applicable annual Software and Agreement. Neither party shall be liable for the other party’s negligent or willful misconduct. ES&S’ Firmware License and Maintenance Fees set forth on Schedule A1. The licenses allow such bona total liability to Customer arising out of or relating to this Agreement shall not exceed the aggregate fide employees to use and copy the ES&S Software and ES&S Firmware