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09-12-2001 Council Agenda
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09-12-2001 Council Agenda
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IV. RESPONSIBILITIES OF THE MUNICIPALITIES <br />A. Implementation <br />1. Each of the Municipalities shall appoint a Project Manager with the <br />authority to make binding decisions on behalf of the Municipality. <br />2. Within thirty (30) days of execution of this Agreement by a <br />Municipality, the Municipality shall notify the County, in writing, if it <br />wishes to make payment for the acquisition costs of tabulators and <br />administrative equipment ( "Equipment Costs ") on a one -time <br />reimbursement basis or over a five -year period. A Municipality may not <br />revoke its decision at any time after notice has been given. <br />B. Post - Implementation <br />Each of the Municipalities is responsible for testing and diagnostic services for <br />the tabulators located at the Municipality's site, including any backups. The <br />County is not liable for System failure or improper election results due to the <br />failure of a Municipality to test or diagnose its tabulators or to improperly test or <br />diagnose them. <br />C. Each of the Municipalities is responsible for payment in accordance with the <br />provisions of this Agreement. <br />V. OWNERSHIP /SOFTWARE LICENSE <br />A. The County will initially own all System Equipment. <br />13. Upon payment in full to the County in accordance with the terms of this Agreement, each <br />of the Municipalities will own the tabulator(s) it pays for. The County will maintain <br />ownership of backup tabulators, whether housed at the County's site or at the <br />Municipalities. <br />C. The County is the sole Licensee of the System software. <br />VI. WARRANTY <br />A. THE COUNTY MAKES NO REPRESENTATIONS AND EXTENDS NO <br />WARRANTIES WITH RESPECT TO THE USE OF THE SYS 1 EM OR <br />TABULATORS AND SPECIFICALLY DISCLAIMS ALL OTHER <br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED <br />TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS <br />FOR A PARTICULAR PURPOSE. <br />B. Vendor Warranty <br />1. The County represents that the tabulator /software vendor has warranted <br />the tabulators /software for a period of two years after delivery and has <br />stated that, upon transfer of ownership of tabulators in accordance with <br />the provisions of Section V.B. herein, the warranty from the tabulator <br />vendor transfers to the purchasing Municipality. <br />Elections JPA Page 32 <br />4 of 25 <br />
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