HomeMy WebLinkAboutPR 14549: PREMIER ELECTION SOLUTIONS - RENTAL, LICENSE & SERVICES AGREEMENTinteroffice
MEMORANDUM
<~
To: Mayor, City Council, and City Manager ;~~ ~/~.~
From: Val Tizeno, First Assistant City Attorney :~
Date: February 7, 2008
Subject: P. R. No. 14549- ;
Attached is P. R. No. 14549 as it pertains to entering into
a Rental, License, and Services Agreement with Premier Election
Solutions for the May 2008 Election Polling Locations.
MTS:ts
Attachment
cc: City Secretary
Director of Finance
Drew Stewart
Sales Representative
PREMIER ELECTION SOLUTIONS
P. O. Box 1019
Allen. TX 75003
z . pn9 54 9_memo
i
P. R. No. 14549
02/07/08 vt
RESOLIITION NO.
A RESOLDTION AS IT PERTAINS TO ENTERING-INTO A
RENTAL, LICENSE,, AND SERVICES AGREEMENT WITH
PREMIER ELECTION SOLIITIONS FOR THE MAY 2006
ELECTION POLLING LOCATIONS
WHEREAS, the City of Port Arthur will conduct the May 10, 2008
General Election; and
WHEREAS, there is a need to obtain the electronic voting
machines, equipment and supplies, which are necessary to conduct
the General Election; and
WHEREAS, the General Election Fiscal- Year. 2008 election
accounts .include a total amount of $103,800; and
WHEREAS, Premier Election Solutions has submitted a proposal,
attached hereto as Exhibit "A", for providing election services in
the amount of $54.,939.00; and
WHEREAS, the proposal includes equipment leasing, programming
of electronic voting machines, paper ballots, election official
training, equipment support, and 'tabulation services at the early
voting sites and the election day polling sites (a listing of all
of the voting locations is attached hereto as Exhibit "B").
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THS CITY
OF PORT ARTHDR, TSSAS:
z.pr19549
1'
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Secretary's office is herein
authorized to enter into a Rental, License, and Services
Agreement with Premier Election Solutions for the-May 10,-2008
;'
General Election, in substantially the same form attached hereto
as Exhibit "A"
be spread upon the Minutes, of the City Council.
READ, ADOPTED AND APPROVED on this day of
Section 3. That a copy of the caption of this Resolution
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
z.pi14549
APPROVED AS TO FORM:
~~ ~
(/ (/(i~ _ ~/~C, l
CITY ATT EY ~/"/ /,~ 6~ ~y~jl/ ~ /
APPROVED FOR ADMINISTRATION:
CITY MANAGER
PROVED AS TO THE AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
z.pr14549
EXHIBIT "A"
P.O. Bax 1019
P R E M I E R~M eoo-033 869 °~oTE,
, - , , ,.. Fax (214) 383-1596
RENTAL, LICENSE, AND
SERVICES AGREEMENT
CUSTOMER: City of Port Arthur PREMIER ELECTION SOLUTIONS, INC.
Addresses PO Box 1089 P.O. Box 1019 Overnight Deliveries:
For Notices and Port Arthur, TX 77641 Allen, 7X.75013 1253 Allen Station Pkwy.
Billing: Attn: Contracts Department Allen, TX 75002
Attn: Contracts Department
For Shipping 444 4th Street
(if different): Port Arthur, TX 77641
Contacts: Terri Hanks Therese Covington, Paralegal
Drew Stewart,. Sales Representative
Phone: 409-983.8117 469-675-8990, ezt.1136 // 469.675-8990, ext. 1116
Fax:. 214-383-1596 l/ 214-383-1596
Email: thanks@portarthur.net Marie.Covington@premierelections.com
Andrew.Stewart@ premierelections.com
County: Jefferson County Effective Date: Date of the last signature set forth below
State: TX i Term Date: December 31, 2008
Premier Election Solutions: Inc. ("Premier") and the Customer (as listed above) hereby enter into this Rental, License and Services
Agreement ("Agreement") as of the date of the last signature set forth below (the "Effective Date') and expires on the shown above
unless earlier terminated under Section 12 or extended under Section 2.1 below (tfie "Term'). The Customer and Premier are
sometimes hereinafter referred to collectively as the "Parties" and each individually as a "Party". This Agreement consists of this
"Signature Page," the below standard terms and conditions, and the following exhibit, attached hereto and incorporated herein by
this reference:
• Exhibit A -Pricing and Payment Schedule
The parties have executed this Agreement by their duly authorized representatives as of the Effective Date.
City of Port Arthur PREMIER ELECTION SOLUTIONS, INC.
Authorized Signature Date Authorized Signature Date
Printed Name, Title Printed Name, Title
APPROVED AS TO LEGAL FORM
Authorized Signature Date Authorized Signature Date
Therese Covin ton, Parole al
Printed Name. Title Printed Name, Title
Should the Customer have any questions or concerns regarding the applicable terms and
conditions, please contact the Premier Contracts Department at 469-675-8990, ext. 1136 or
via email at PremierContracts@premierelections.com. For any questions regarding the
attached quote/pricing, please contact the Sales Representative listed above.
Premier Election Solutions, Inc. Rental, License, and Services Agreement
January 9, 2008 Page t of 7 Version 2007-03
Definitions
1.1. "Premier Software" means Premier's proprietary software and firmware as delivered to Customer on digital
or magnetic media or loaded on the Hardware delivered hereunder, together with any user manuals or other
associated documentation.
1.2. "Hardware" means Premier's voting system machines as specified in Exhibit A.
1.3. "Licensed Software" means the Premier Software and Third-Party Software, collectively, together with any
user manuals or other associated documentation.
1.4. "Specifications" means descriptions and data regarding the features, functions and performance of the
Hardware and/or Premier Software, as set forth in associated user manuals or other applicable documentation.
1.5. "S~stem" means the Hardware and Licensed Software, collectively.
1.6. "Third-Partv Software" means software owned by a third party that is provided by Premier hereunder,
together with any user manuals or other associated documentation.
2. Term.
2.1. The Parties may extend the Term of this Agreement by agreeing in writing, before the expiration date set
forth above, on a later expiration date;
2.2. Section 7 (to extent of any payments still due) and Section 10 will survive any expiration or termination of
this Agreement in accordance with their respective terms; and
2.3. Terms of this Agreement that do not survive expiration or termination will nonetheless be effective in
determining the Parties' rights and obligations as to acts, omissions or events taking place before such expiration
or termination.
3. Premier's Responsibilities
3.1. Commencing on the Effective Date and continuing during the Term: Premier will-provide the services
described in the scope of work attached hereto as Exhibit A.
3.2. Premier shall rent the Hardware to Customer pursuant to Section 5 of this Agreement.
3.3. Premier shall license the Licensed Software to Customer pursuant to Section 6 of this Agreement.
3.4. Premier shall provide the services described in Exhibit A with respect [o System delivery, installation and
training and support.
3.5. Premier shall appoint a customer support representative, who will serve as a first point of contact with
Customer, will be authorized to make day-to-day decisions relating to this Agreement and will have access to
Premier's management for other decisions.
3.6. Premier shall have conducted criminal background checks on all on-site Premier personnel as a regular
course of doing business.
3.7. Premier shall notify the Customer in writing, via a-mail or phone call no less than one (1) hour prior to the
on-site visit of any Premier personnel to the Customer's Jurisdiction.
4. Customer Responsibilities
4.1. Customer shall provide Premier with physical accommodations reasonably required for Premier to perform
its obligations, including premises access, electrical power, data connectivity, heat, ventilation and air
conditioning.
4.2. Customer shall provide access [o information and personnel reasonably required for Premier to perform its
obligations.
4.3. Customer shall appoint a project manager, who will serve as a first point of contact with Premier, will be
authorized to make day-to-day decisions relating [o [his Agreement and will have access to Customer's
authorized officials for other decisions. .
4.4. CUSTOMER SHALL RETAIN ALL ORIGINAL. RENTAL EQUIPMENT PACKAGING, INCLUSIVE OF
INNER PLASTIC BAGS. AND TIES, TO ELIMINATE OR REDUCE THE EXPENSES OF REPACKAGING
SUPPLIES REQUIRED TO RETURN THE EQUIPMENT UPON COMPLETION OF RENTAL.
Premier Election Solutions, Inc. Rental, License, and Services Agreement
January 9, 2008 Page 2 of 7 Version 2007-03
4.5. Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the System
and promptly make all components of the System available for pick up by Premier.
5. Hardware
5.1. Premier agrees to rent the Hardware to Customer during the Term.
5.2. Customer acknowledges that, unless and until Customer exercises its purchase option, as between
Premier and Customer, Premier owns the Hardware and retains title thereto. Customer shall avoid damage or
loss to the Hardware, normal wear and tear excepted. Customer shall not permit any Hardware to be moved
outside the geographic area of Customer's jurisdiction ("Jurisdiction"), or that of their legal representative, or
surrender control of or sell any Hardware, and shall keep the Hardware free from security interests and other
encumbrances.
6. Licensed Software
6.1. Subject to the terms of this Agreement, Premier grants Customer anon-exclusive license, without the right
to transfer or sublicense, to use [he Premier Software only in object code form, only during the Term and only in
preparing for and conducting federal, state or local elections, run-offs, referenda and other similar voting events
[hat take place within the geographic area of the Customer's "Jurisdiction". The foregoing license may be
exercised on Customer's behalf by any of its officials; employees or volunteers authorized [o conduct Elections.
6.2. Subject to the terms of this Agreement, Premier agrees to sublicense the Third-Party Software to Customer
only in object code form, only for use during the Term as part of the System and only for the purposes described
in Section 6.1 above. This sublicense is conditioned on Customer's continued compliance with the terms and
conditions of the end-user licenses contained on or in the media on which Third-Party Software is provided.
6.3. Other than as expressly set forth in Sections 6.1 and 6.2 above, Premier does not; expressly or by
implication, assign or license any intellectual property rights to Customer or to any third party.
6.4. Upon expiration or termination of this Agreement for any reason, the licenses granted in this Agreement will
terminate without further action by either Party, and Customer will cease all use of the Licensed Software.
Payment
7.1. In consideration of the products; licenses and services provided. under this Agreement, Customer shall pay
Premier the amounts specified in Exhibit A at the times specified therein.
7.2. Customer is responsible for all sales, excise, personal property or other taxes or duties on the amounts
paid or products, licenses or services provided under this Agreement. If Customer is exempt from such taxes or
duties: Customer shall provide Premier with a tax exemption certificate.
8. Limited Warranties
8.1. Premier warrants that, during the Term, the Premier Software will perform free of defects that would prevent
the System from operating in conformity in all material respects with its Specifications, so long as such Premier
Software is operated with hardware and software approved by Premier for use with such Premier Software.
8.2. Premier warrants that, during the Term, the Hardware will perform free of defects that would prevent the
System from operating in conformity in all material respects with its Specifications, so long as such Hardware is
operated with hardware and software approved by Premier for use with such Hardware.
8.3. The warranties in Sections 8.1 and 8.2 do not apply to [he Third Party Software or to any other third-party
products. Notwithstanding the foregoing:
8.3.1. To the extent permitted by the manufacturers of Third-Party Software,, Premier shall, during the Term,
pass through to Customer all warranties such manufacturers make to Premier regarding the operation of
such Third-Party Software.
8.3.2. Premier warrants that, during the Term, all components of the Hardware and Premier Software will
interface and function properly with the Third-Party Software, so long as the Third-Party Software operates
in compliance with all applicable manufacturers' warranties.
8.4. Premier will promptly undertake repair or replacement of any Hardware or Premier Software that fails
during the Term to operate in accordance with any warranty under this Agreement. During the election cycle (one
Premier Election Solutions, Inc. Rental, License, and Services Agreement
January 9, 2008 ~ Page 3 of 7 Version 2007-03
EXHIBIT A
SEE ATTACHED QUOTATION FORM FOR
DETAIL RENTAL DESCRIPTION AND PRICING
Anv guote(sl attached to this Agreement shall be incorporated therein for all purposes.
Payment Terms
Customer shall pay the amounts indicated within 30 days from delivery of the equipment or receipt of
Premier's invoice, whichever first occurs.
Premier Election Solutions, Inc. Rental, License, and Services Agreement
January 9, 2008 ~ Page 6 of 7 ~ Version 2007-03
a
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Jurisdiction C' of Port Arthur
Contact Terri Hanks
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P R E M I E R
Ema rthucne
Ihanks
o
--- -- - - - ~ ~ - - Address PO Boz 108914444th Street
Port Arthur, TX 77641
Date of Election May 10, 2006 -
a. p
EMS Lap TOp Statipn Package laplop,GEM'S 51500.00 _ 1 _ 51,500.00
i
EIeCUea Calabase LOadee ana configpred a,cwaad so ao
Crossoer Catlle br TSx -hchtletl 5000 i
Nek+adeGNwun npn le br TSX i:KLtletl 5000 1
Spin m9D'.O Sanal Cagle br AVOS iwbtled 50.00 _ t
Bepod Printer x=loan 530000 ~ 1 5300.00
AVOS Accu Vote tkal canner
ttvVOte-0pVCal Scanner (OS) ec s~.p, 550000 1 5500.00
Memory Card 126 KB a'v~a $95.00 _ 1 ~ 595A0
SBaIIW BOx (EWCk) e.: m~ 525000 1 _ f2b0.00
wool Ender Card 125 rPack) ex~MR~'1 51500 1 S15A6
AVi % AccuVpte ouch Green
ccuvNe-Touch Screen (rS%) ra;x 532500 ]0 522,]50.00
PCMCIA Card, 126 MB rt~ua 59500 ]0 56,65000
oter Access Card Enwtlers n,e ~% 51500 d0 53.000.00
upervisor Card re~aa 5500 1 20 _( 5100.00
o4r Card ~.o~u SSW ( 140_ S]00.00
IBS Se1lHeatlphone and Ke padl eenrssn 510.00 I] 5680.00
' Prp rammm /Enwdin IBlpra
Dab Base Pmgwmming :m sconxss.sscu+annvnunrea 51.000.00 _ 1 _ 51.000.00
Adtlilipnal Language Piog~amming cefa,yng•na~ea.eza,ocer DSw "' 525000 _ 1 _ 5260.00
dio Becprding eewn "' 530000 _ 1 _ 5700.00
Atltlitknal tan va eAutlio Rewrdr aewu~0o&ea:e.,e iammal "' 550000 1 5500.00
Pa r8allot Prmtm
Paper Balbt Prmtinq sew rKlr~'emoayl "' S250.C0 ( 1 _ 5250.00
,w •rrpereawv 50.39 ( 3.00 ( 511]0.00
bc[ronic Backup of Election rc~a~e '^ 5500 50.00
wmin 8 upvod
ogi<fi ACCUwcy fiACCepta'rce Testing 55.4TA.00 t 55,460.00
Early Yptin9IIalnmq 613fs.oo f ~ 51,365.00
kction Oay Twining 52.]3000 _ 1 ~ SZ,T3a00
vumend0an and Bespurce CUStomizatioe. 56,300.00 _ 1 _ S1 p00A0
Mction Oay Suppod ao~e 51950.00 _ 1 _ 51,950.00
EMS Tesh BUDDen Sd,09o00 1
... .. ._ .~: .:.~ .. 51'095.00
~ :I 11 ~.
SuMotal 556,920.00
(560/unit) Shipping Per Diem 55,600.00
(540NDay) Traveling Per Diem 54,400.00
5 % Feh. Early Oisceunt 52,646.00
25%Equipment Discount 59,135.00
Total 554 939.00
4wvelinq Expenses aM SM1lpping Expenses are included in O,is Ouo[e^'
'Payment Terms: Customer shall pay the amounts indkated within 30 days hom tlelkmry at Ne equipment
or receipt N Premier's Invoke, whktevertirsl otturs "'
Premier Election Solutions, Inc. Rental, License, and Services Agreement
January 9, 2008 Page 7 of 7 Version 2007-03
EXHIBIT "B"
Electronic Voting Equipment Request
May 10, 2008 General Election
EARLY VOTING LOCATIONS ADDRESS ELECTRONIC
VOTING
UNITS
City Hall ' 444 Fourth Street I 6
Port Arthur Public Libra 461 5 Ninth Avenue ~ 7
i Fire Station No. 1 121 5 Woodworth ~ 2 ~
H.O.P.E. Building , 701 Rev. Dr. Ransom Howard Street ~ 2
Fire Station No. 3 ' 2232 Canal- (Port Acres) i 2 ii
j Fire Station No. 4 j
I 5030 South Gulfway Drive
(Sabine Pass) I 2
Saint Joseph's Hall . 800 Ninth Avenue ~ 5 ,
TOTAL EARLY VOTING UNITS 26
I
ELECTION DAY LOCATIONS ~
,
I ' ~
ADDRESS
i ELECTRONIC
VOTING ~
UNITS
! City Hall 444 Fourth Street ~ 6
r~ Sabine Pass Fire Station No. 4 j 5030 South Gulfway Drive ! 2 I
j Stephen F. Austin School ~ 2441 6151 Street j 6
Tyrrell Elementary School j 4401 Ferndale
I 6 j
j Stillwell Technical Center_ ~ _
4801 Ninth Avenue ~ 8 j
j Lee Elementary School ; 3939 Delaware
j 3 j
!Thomas Edison _ ~ _
3501 12~h Street 3
LDeQueen Elementary 740 DeQueen Boulevard ~ 3 ~
!Memorial Ninth Grade Campus ' 1023 Abe Lincoln I 5 j
.Taft Elementary School 2500 Taft Avenue I 2 j
I TOTAL ELECTION DAY UNITS '~I 44
TOTAL ELECT/ON UN/TS I 70
Includes One ADA Electronic Voting Unit