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Home My WebLink AboutC01-154 Votec Corp.X01 r — 02- 1 Contract for Software 'Services between VOTEC Corporation a -agle County, Colorado Contract for Software and Services THIS CONTRACT, made this c day of P _, 2001 by and between Eagle County, a body politic and corporate of the State of Coloradb, hereinafter referred to as COUNTY, and VOTEC CORPORATION, a corporation with a place of business in San Diego, California, hereinafter referred to as VENDOR. WITNESSETH: WHEREAS, in consideration of the covenants mutually exchanged, the parties desire to agree that the VENDOR shall provide Elections/Voter Registration licensed software and associated support services, and; WHEREAS, the parties desire to reduce this agreement to writing. HOW THEREFORE, for the consideration hereinafter stated the parties to this agreement agree as follows: SECTION I - VENDOR AGREES: To install, in a professionally competent manner, VEMACS Elections/Voter Registration System modules: • Voter Registration • Street Index • Absentee Voting • Early Voting • Candidate Filing • Poll Workers • Polling Locations • Campaign Finance • Petition Tracking • Election Imaging 2. VEMACS will meet the specifications listed in Attachment I in two installations. Functional specifications necessary to operate voter registration and conduct the November 2001 by -mail election will be installed and operating by July 15, 2001. Functional specifications for early voting, poll worker management, candidate filing, and FCPA will be installed and operating by December 31, 2001. 3. To update the id card report to print on card stock acquired by the County. 4. To appoint a VENDOR project coordinator to work with COUNTY throughout the implementation and acceptance process. 5. To adhere to COUNTY and State requirements for Elections in fulfilling contract services. Standards will be made available to the VENDOR by the COUNTY. 6. To handle all information made available by COUNTY in a confidential manner and in strict accordance with laws and COUNTY procedures. Page 1 Printed and Updated 5/7/01 a, Contract for Software Services between VOTEC Corporation `agle County, Colorado 7. To convert all data from the ASCII format provided by the COUNTY to the new required format. 8. To, following data conversion, provide the COUNTY with system reports necessary to assess the accuracy and completeness of the converted data. 9. To provide the COUNTY with listings of inconsistencies in the data files and a statement of potential impact on system operations. 10. To format reports to print on HP IV or newer HP laser printers. SECTION II - COUNTY AGREES: 1. To pay VENDOR, according to the payment schedule set forth below, for documented competent services rendered and accepted by COUNTY within thirty (30) days of invoice receipt. The maximum compensation payable under and by virtue of this contract shall not exceed Forty six thousand seven hundred and eighty five dollars ($46,785). Full payment of one - hundred (100) percent to be made upon transfer of daily data entry operations to the licensed software and verification of proper functioning through audit reports. The breakdown of costs is as follows: Conversion of files $ 7,500 8 Oracle seat licenses (6 in Eagle, 2 remote offices) $ 2,400 1 developer license for Crystal Reports $ 350 VEMACS license, including training and installation $ 36,535 Total Software $ 46,785 2. To provide computer access and on -site working space to support VENDOR employees assigned under this agreement. To appoint a COUNTY project manager to work with VENDOR throughout the Term of this contract. 4. To dedicate appropriate COUNTY personnel to the specification, installation, testing, training, and operation of the licensed software. 5. To adhere to the VENDOR's license agreement as shown in Attachment H. 6. To order, install, test, and maintain all hardware and operating system software including data backup software. 7. To promptly notify VENDOR of changes proposed or being made to the network hardware and/or software during the term of this Contract. 8. To provide the VENDOR a download to a PC of all existing voter data and related data in ASCII, flat file, fixed field format. A data dictionary must be provided. 9. To review all data conversion reports and correct, or provide direction to the VENDOR as to how to handle any inconsistencies or apparent errors in the data. Page 2 Printed and Updated 5/7/01 Contract for Software services between VOTEC Corporation eagle County, Colorado 10. To provide support for remote communications by the VENDOR with the network, including resolving technical communications problems occurring on site in the COUNTY. Access shall be on a dedicated PC under control of the COUNTY utilizing PCAnywhere supplied by VOTEC. Access shall also be permitted during non - business hours using password controls established by the COUNTY. 11. Remote access from external offices to the server is the responsibility of the COUNTY. 12. To provide system level access on the network to the VENDOR for system installation and testing. This includes "supervisor" access in order to load Oracle software and RCONSOLE or similar Windows NT privileges for software /data file maintenance after installation. SECTION III - BOTH PARTIES AGREE: 1. When providing the above - stated services for the COUNTY, it is expressly understood that VENDOR shall defend, indemnify, and hold harmless the COUNTY, and the officers and employees of the COUNTY from and against all losses, liability, damages, injuries, claims, demands, costs, and expenses arising out of and in connection with the performance of services. 2. With regard to establishing final specifications: a. COUNTY shall certify that all requirements are consistent with COUNTY's understanding and application of all applicable laws. 3. In the event of a conflict between this agreement and the terms and conditions of the attached Appendices, the terms and conditions of this agreement shall govern. 4. With regard to system installation: a. All hardware and all software provided by the COUNTY will be installed and tested before the VENDOR installs VENDOR provided software. b. All operationally essential system modifications will be tested by the COUNTY, with converted COUNTY data, and determined to be functioning in accordance with specifications prior to using the VEMACS software for daily operations. c. COUNTY will assist in the installation of the system by providing prompt responses to any hardware or communications problems that arise on site and by identifying any apparent inconsistencies between the installed system and the specified requirements. d. VENDOR will provide weekly email status reports during installation, customization, testing, and for the first four weeks after COUNTY begins daily operations on the VEMACS software. The frequency of subsequent status reports will be negotiated. This agreement shall remain in force until modified or terninated as set forth herein. The agreement may be modified at any time with the mutual written consent of both parties, executed by the persons signing hereunder or their successors. The agreement may be terminated by either party upon thirty (30) days written notice to the other party. In the event of a material breech, the Page 3 Printed and Updated 5/7/01 Contract for Software I ervices between VOTEC Corporation a eagle County, Colorado terminating party shall be responsible to provide services paid for or pay for services provided. This is a Colorado Contract and shall be construed and interpreted in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to this Contract or the breach thereof shall be adjudicated in Eagle County, Colorado. Notwithstanding anything to the contrary contained in this Contract, COUNTY shall have no obligations under this Contract, nor shall any payment be made to VENDOR in respect of any period after any December 31 of each calendar year during the term of this Contract, without an appropriation therefore by the COUNTY in accordance with a budget adopted by the Board of COUNTY Commissioners in Compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. Section 29 -1 -101 et seq.), and TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties executed this agreement on the day and year first written above. Eagle County: 5�aR� ©I Date VOTEC Corporation: Name and Title k 0 Date Page 4 Printed and Updated 5/7/01 ak Contract for Software .._..- Services between VOTEC Corporation a eagle County, Colorado ` Attachment I- Software License Agreement ATTACHMENT I- SOFTWARE LICENSE AGREEMENT Agreement dated this day of , 2001, by and between Eagle County, hereinafter referred to as the LICENSEE, and VOTEC CORPORATION of San Diego, California, hereinafter referred to as LICENSOR, for the installation, training, and licensing of the following Software Systems, hereinafter referred to as LICENSED SYSTEMS, to LICENSEE under the terms and conditions contained herein. (Headings used in this Agreement are for the convenience of the reader and do not add meaning to the Agreement.) 1. LICENSED SOFTWARE SUB- SYSTEMS: All screens, reports, and batch processes to support the mandated or otherwise agreed upon database functions of LICENSEE in the following areas: • Voter Registration • Street Index • Absentee Voting • Early Voting • Candidate Filing • Poll Workers • Polling Locations • Campaign Finance • Petition Tracking • Election Imaging Such programs as may be added to these sub - systems from time to time. Source code for the programs operating at the LICENSEE Elections Office shall be deposited with the LICENSEE to be protected according to the terms of this license agreement. This Code will become available to the LICENSEE for use in the event of VOTEC bankruptcy, the incapacity of those VOTEC personnel capable of maintaining the Election Department's system, or failure by VOTEC to maintain the system. The LICENSEE shall limit its use of this proprietary material solely to the discharge of the elections duties of the Elections Office. 2. INSTALLATION SITE AND COMPUTERS LICENSED SYSTEM is licensed for use computers operated by the LICENSEE Elections Department in support of voter file management and elections within LICENSEE's jurisdiction. 3. LICENSE LICENSOR agrees to grant, and LICENSEE agrees to accept, on the following terms and conditions, for valuable consideration the sufficiency of which is hereby acknowledged, a non- exclusive LICENSE to use the LICENSED SYSTEMS as set forth in this agreement. 4. SYSTEM REGISTRATION AND PROTECTION Page 5 Printed and Updated 5/7/01 a Contract for Software ,,services between VOTEC Corporation an eagle County, Colorado Attachment I- Software License Agreement LICENSEE agrees that the LICENSED SYSTEMS set forth hereinabove shall be used by the LICENSEE in the conduct of its business. The LICENSEE further agrees that all applicable LICENSOR copyrights and patent rights plus all LICENSOR copying protection, and security provisions will be strictly observed. 5. PROTECTION AND SECURITY LICENSEE acknowledges that the LICENSED SYSTEMS constitute a valuable asset of the LICENSOR, and the LICENSOR has proprietary rights and interest in and to the Systems and that portions thereof are confidential. Accordingly, LICENSEE agrees as follows: a) Working copies of the System in machine - readable format may be made by LICENSEE for backup purposes and in accordance with LICENSEE's standard software backup policies only. b) LICENSEE agrees that it shall not make any copies of manuals, flow charts, or other related documents, or portions thereof, directly or indirectly, except for purposes of maintaining voter files and conducting elections within LICENSEE's jurisdiction. c) LICENSEE agrees not to reveal the Licensed System materials including manuals, flow charts, program code, and related materials to any other parties other than LICENSEE's employees except as may be contractually stipulated in the event of catastrophic interruption of LICENSOR's business or as otherwise required by law. 6. PATENT AND COPYRIGHT INDEMNIFICATION LICENSOR agrees to defend and hold LICENSEE harmless to the extent allowed by law from any patent, trade secret, or copyright infringement claim arising out of LICENSEE's use of the LICENSED SYSTEM. 7. WARRANTY LICENSOR warrants the product, as delivered, will perform in the manner described in the accompanying System Documentation for a period of one year after delivery. LICENSOR warrants that the product, as delivered, supports the voter registration and election management requirements mandated by the State of Colorado and by the United States of America. LICENSOR further agrees to make the product conform to any subsequent legal requirements for the State of Colorado and of the United States of America within the one -year term of the installation warranty at no additional charge. The above warranty shall be voided if LICENSEE or its agents modify the source code licensed hereunder, unless such modification shall have been previously approved in writing by VOTEC. Modification of tables and /or records documented in the VEMACS Internal documentation shall constitute modification of the source code for the purposes of this Agreement. Modification of tables and/or records documented in the VEMACS User or Administrator documentation shall not constitute modification of the source code for purposes of this Agreement. Page 6 Printed and Updated 5/7/01 Contract for Software )Services between VOTEC Corporation ai ,,,Eagle County, Colorado Attachment I- Software License Agreement EXCEPT FOR THE FOREGOING, LICENSOR MAKES NO WARRANTIES EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SYSTEM, AND WARRANTIES OF MERCHANTABILITY FOR ANY OTHER PURPOSES OR FITNESS FOR ANY OTHER PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. 8. LIIVIITATION OF LIABILITY LICENSOR shall not be liable for any loss or damage caused by LICENSEE employees, consequential or otherwise, occurring out of or in connection with the use or performance of the System. LICENSOR may license the System to other customers without any consideration or liability to LICENSEE whatsoever. 9. TERMINATION This license is terminable by either party in the event of a material breech at any time if LICENSEE fails to comply with any of the terms, conditions or provisions of this License. In the event of default by LICENSEE of any of the terms of this Agreement and a subsequent termination by LICENSOR, the LICENSOR shall be entitled to immediate possession of the LICENSED SYSTEM and LICENSEE shall forthwith return all related documents, materials, data, copies of the System, and the like. 10. GENERAL This is a Colorado Contract and shall be construed and interpreted in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to this Contract or the breach thereof shall be adjudicated in Eagle County, Colorado. This Agreement is not assignable and any attempt to assign any rights, duties or obligations under this Agreement will be void. These terms and conditions are severable and should any be deemed invalid, then only that provision shall fail and the remainder of the terms and conditions shall be of full force and effect. All rights and remedies of the parties hereto, whether evidenced hereby or by any subsequent agreement, instrument or paper, shall be cumulative and may be exercised singularly or concurrently. Page 7 Printed and Updated 5/7/01 Contract for Software ,.--- Services between VOTEC Corporation a agle County, Colorado Attachment I- Software License Agreement In the event either party shall on any occasion fail to perform any term of this Agreement and the other party shall not enforce that term, failure to enforce on that occasion shall not prevent enforcement on any other occasion. IL ACCEPTANCE Acceptance by LICENSOR: Acceptance by LICENSEE: VOTEC Corporation Eagle County Authorized Signature# Authors ed Signature os Title Title r ®toaA9 1 0% Date Date Page 8 Printed and Updated 5/7/01 i Contract for Software ,; ' Services between VOTEC Corporation anLagle County, Colorado Attachment Il- Functional Specifications Functional Specifications for 7/1/01 Installation This document is part of the VEMACS software specifications for contractual purposes. All functions offered shall operate in a reliable and efficient manner when used according to VOTEC instructions. Voter Registration Voter Data Entry Registration Data • Query by Name or portion of a name • Query by Address or street range • Query by Voter ID number • Query by other ID number (Driver's license or SSN) • Query by combination of name and address • Query by combination of name and birth date • Duplicate search will use birth date if entered • Provide immediate count of possible duplicate voters • Order list of possible duplicate voters by name (default) or address • Allow immediate flagging as NVRA duplicate • Generate Voter ID number for new voter • Generate file number for precise document storage • Associate with NVRA source on screen or via batch number • Determine zip code from street and municipality • Automatically precinct voter • Record unprecinctable address for future resolution • Maintain USPS approved street types, unit types • Maintain zip +4 • Update voters with USPS approved zip +4 tables • Maintain separate mail address with municipality and zip +4 for US addresses • Maintain separate NCOA address • Maintain separate forwarding address • Maintain separate recent registered address • Accept previous out of county address for courtesy notice to previous county • Accept current out of county address for courtesy notice to would be registrant • Prepare mailing labels for "Resident" at address from which a voter has moved • Accept/Require birth date, birth place, party, race, sex, driver's license #, SSN as defined by state law • Maintain status and reason codes covering eligibility, age, notices sent, notices returned, inactivity, cancellation, ... • Maintain permanent or semi - permanent absentee status • Maintain operator ID and date of last update to voter record • Maintain registration history of registration record changes - initiated by voter or by election administrative changes • Allow override of registration date Page 9 Printed and Updated 5/7/01 1 Contract for Software LAervices between VOTEC Corporation an Eagle County, Colorado Attachment II- Functional Specifications • Maintain privacy flag to suppress addresses, phone number, other identifiers for designated public servants • Coordinate data entry with imaging • Save image of entire document • Cancel voter with a reason code and a comment • Re- instate canceled voter • Send notice of cancellation • Automatically set inactive after four years of inactivity • Automatically cancel military registrants at end of year • Automatically send letters requesting missing registration information • Automatically generate verification and confirmation notices • Maintain voting history for unlimited number of elections - include voting method, party of ballot selected, eligible but didn't vote when appropriate • Input voting history via bar code wand • Correct voting history on screen • Provide one button display of registration history - highlight changes • Provide one button display of polling place information • Provide one button display of district (electing entity) information • Provide one button display of officeholder information • Provide one button display of absentee information • Provide one button display of election roles (poll worker, candidate, ...) • Provide one button access to absentee request • Provide one button display of history of notices Reports • Daily Audit of adds, changes, cancellations highlighting what changed • Statistical reports on registration activity by categories • Voters by status by precinct • Voters by status by districts • Poll books with annotation for absentee status, need to show identification • Walking lists with voting history • Poll books • NVRA reports for state Data files • Public voter file or portion thereof on magnetic media • Secretary of State required data Returned Voter Mail Processing • Automatic generation of notices including ID cards • Queue notices for printing at scheduled times • Bar code notices with voter ID and notice ID • Scan returned mail by how returned (undeliverable, non - forwardable, by voter, with forwarding address, ...) • Automatically update voter status and reason codes • Automatically generate next notice when appropriate Page 10 Printed and Updated 5/7/01 Contract for Software I ,,Services between VOTEC Corporation an i agle County, Colorado Attachment H- Functional Specifications • Report statistics on returned mail • Check for voter activity to prevent false noticing Reports • Daily absentee requests by district and /or precinct • Statistical report of absentee activity Mail Ballot Elections • Prepare labels or magnetic media for mailing company • Manage absentee requests and voter cancellations between selection of voters and mailing of ballots by preparing pull and replace instructions along with new mailing labels • Sort mailing by zip code within ballot style or ballot style within zip to support tradeoff between ease of stuffing envelope and cost of postage Mapping / Streets / Districts • Maintain District file • Allow conversion of voter record intact if record does not match existing street ranges • Maintain Precinct file with splits when appropriate • Maintain street segment file with street range, precinct, precinct split, postal municipality, zip code • Segments can be odd numbers, even numbers, or both • Split street segments and automatically update voters • Combine street segments and automatically update voters • Show voter counts by street segment • Prevent overlapping street segments • Prevent deletion of street segments with voters assigned • Track special addresses — optionally prevent precincting voter at address • Print street index • Accept GIS centerline file • Share data with Arcinfo, Mapinfo — custom programming may be required Election Initiation • Enter an election code to identify election • Specify type and date of election • Default important dates with override capability (candidate filing, close of books, ...) • Default offices on ballot by election type • Default jurisdictions participating by election type • Add offices and jurisdictions having special elections • Specify which political parties are participating • Manage precinct consolidation • Manage polling place consolidation • Determine ballot styles • Produce ballot order • Pre -load polling place assignments Page 11 Printed and Updated 5/7/01 Contract for Software services between VOTEC Corporation an eagle County, Colorado Attachment H- Functional Specifications • Pre -load poll worker assignments NVRA List • Maintain master list • Track documents allocated and returned • Produce notification letters PC Desktop Imaging • Fast, small footprint scanners on each desktop • Attach images to any person, place, or thing whose data is maintained by VEMACS • Print images on laser printers • Combine images for 2 -sided or multi -page documents • Signature capture of images System Requirements Per Colorado Statute • Generate monthly NVRA report for Colorado Secretary of State. • Accept Input for individuals who will be eighteen years on or before next election. • Accept input to capture "native- born" or naturalized citizen. • Input last four digits of SSN and incorporate same into computer generated number. • Input complete SSN or last four digits of SSN if provided by elector. • Ability to "block" SSN from public viewing an reports. • Provide "date moved" variable field in Early Voting and Absentee module. The Compare actual date to critical date, IF actual date moved is less than or equal to critical date field THEN calculate new ballot type, store new address for validation and address update by permanent election staff member. IF actual date moved is greater than critical date, THEN do not calculate new ballot type but store new address for validation and address update by election division staff member. • Secretary of state reports in a media format acceptable to the SOS and within the time prescribed by the SOS... • Correspondence ( In addition to core components) • Voter Information Cards (VIC • MOS Card (Residential Address Change "moved out of state ") • RDI Card (Residential Address Change "in county ") • RDO Card (Residential Address Change `but of county ") • Confirmation Card (Continuance Card • Precinct Numbering as required by statute • Capture ballot serial numbers for absentee, mail and early voting. • Track voided, spoiled and reissued ballots by Ballot Style and Ballot Serial Number. Page 12 Printed and Updated 5/7/01 Contract for Software 'Services between VOTEC Corporation a eagle County, Colorado Attachment II- Functional Specifications Functional Specifications for 12/31/01 Installation Early Voting By Personal Appearance • Real time update to voting record to block double voting • Look up by ID number or name • Scan bar code from voter ID card • Browser based program for PC's in the field • Dial -up access from voting sites to central computer • Multiple elections available concurrently at any site • Restrict elections by site • Print voter information at voting site Mail And In-Office Absentee Requests And Returns Absentee data entry • Automatic preparation of permanent absentee materials • Identify early absentees - overseas, out of state, military • Query voter using name, address • Scan Voter ID from bar coded request form • Show outstanding ballot requests • Identify duplicate requests • Record state mandated information for request - how requested, by whom, • Allow different absentee address for each request, each election • Allow multiple election requests to be entered at the same time • Send registration form with absentee request or absentee ballot as specified by law • Select ballot by party, precinct, split, full or short ballot • Print label identifying precinct, ballot style, party, voter, whether first or later request • Manage early voting by personal appearance at designated sites • Allow ballot cancellation upon notification of intent to vote at polls • Scan bar coded return envelope - flag duplicate return • Print request and return information on poll books and on supplemental pages for election day delivery • Add to voting history as absentee upon request or return per state law Reprecincting / Redistricting • Make temporary copy of database including streets, precincts, districts, and voters • Operate in "what -if ?" mode • Create new precincts and districts • Alter assignment of precincts to districts • Alter street segment assignment to precincts • Report on new districts, precincts, streets with voter counts • Transfer new districts, precincts, streets to live data at scheduled time • Auto update voters with new precincts and districts Page 13 Printed and Updated 5/7/01 Contract for Software n fAervices between VOTEC Corporation an-,-eagle County, Colorado Attachment II- Functional Specifications Polling Place Management Polling Place master list • Maintain list of sites • Maintain contact information • Maintain accessibility information • Maintain capacity information • Maintain history Election specific list - coordinates with election initiation • Select sites for specific election • Assign working precincts • Prepare request to use letter, contract • Maintain supply requirements by polling place and assigned precincts • Support ballot order • Support payment vouchers Poll Worker Management Worker master file • Maintain worker profile with preferred work assignment • Maintain work history • Allow entry prior to registration • Maintain name worker prefers to be called instead of registered name • Maintain second language information • Maintain class history • Automatically assign to class per customer rules • Prevent assignment to more than one job per election Election specific list - coordinates with election initiation • Default assign workers to precincts and polling places • Allow assignment only if a registered voter • Assign specific job • Assign extra duties • Show partisan balance where appropriate • Report by precinct and polling place • Report vacancies by precinct and polling place • Assign classes • Produce notices • Track class attendance • Default pay computation by duties and class attendance • Produce payroll trial balance • Produce pay vouchers or export file Page 14 Printed and Updated 5/7/01 C" /Jl — l � LJ- — c.,/ � Contract VOTEC Co nation and Eagle County, Colorado Contract SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT THIS AGREEMENT entered into this ��( day of �L —Z as of between the body politic and corporate of the State of Colorado, hereinafter called COUNTY, and VOTEC Corporation of San Diego, California, hereinafter called CONTRACTOR or VOTEC. WITNESSETH: WHEREAS, COUNTY requires the services of a CONTRACTOR qualified to: provide modifications to VOTEC software for the Eagle County Clerk and Recorder; and WHEREAS, CONTRACTOR is qualified and willing to provide such services; NOW, THEREFORE, the parties hereto agree as follows: DEFINITIONS: VEMACS. VOTEC Election Management and Compliance System. The collective name for the VOTEC elections database software covered by this Agreement. LICENSED SUB - SYSTEM. A "LICENSED SUB - SYSTEM" is a set of computer code, validation tables, and associated documentation designed to manage the input, output, and storage of a major class of election data. The current sub - systems licensed separately by VOTEC are: Voter Registration, Street Index, Absentee Voting, Early Voting, Candidate Filing, Poll Workers, Polling Locations, Campaign Finance, Petition Tracking, Ballot Preparation, TotalVoteTm Ballot Counting, QuickSigTM Signature Digitizing, Election Calendar, Election Imaging, Election Results Broadcast, Affidavit Tracking, Precinct Committee, and ImageBytes TM. DATA MODEL UPDATE. An update to the definition of the data structure of VEMACS applied to a customer's production database. PRODUCT RELEASE. A combination of a DATA MODEL UPDATE and new and revised Oracle Forms, Oracle Reports, scripts, and executable programs required to produce the functionality defined by VOTEC for the PRODUCT RELEASE. PRODUCT RELEASES shall have distinct names / model numbers and be defined by the Oracle schema definition and the names and version dates of the Oracle Forms, Oracle Reports, scripts, and executable programs required to produce the functionality defined by VOTEC for the PRODUCT RELEASE. Page 1 of 9 k i 8 j Contract VOTEC 4&ration and Eagle County, Colorado S ARTICLE I - TERM This agreement shall commence as of and shall terminate on unless sooner terminated or further extended pursuant to Articles IV and V. ARTICLE II - SCOPE Services provided pursuant to this Agreement call for the maintenance and support of LICENSED SUB - SYSTEMS written by VOTEC and the Oracle software sub - licensed through VOTEC. Services will be provided in a competent and professional manner. The COUNTY'S LICENSED SOFTWARE SUB - SYSTEMS are: • Voter Registration • Street Index • Absentee Voting • Poll Workers • Polling Locations • Candidate Filing • Petition Tracking A. CONTRACTOR'S deliverables under this Agreement are as follows: 1) Coordinate upgrades of the Oracle database products that are mutually agreed as beneficial to the COUNTY's licensed VOTEC system performance. Coordination includes notification of COUNTY by VOTEC when and why an Oracle upgrade would be required and notification of VOTEC by COUNTY if and when such upgrade will occur. 2) Provide warranty support as follows: a) Correct any existing function that does not perform per the specifications of that PRODUCT RELEASE correctly. b) Improve any existing or added function of the installed PRODUCT RELEASE that performs uncharacteristically slowly and delays delivery of Board of Elections services. Improvement may be contingent upon the COUNTY upgrading Oracle and /or accepting installation of the then current PRODUCT RELEASE. c) Provide updates to the instructions for functions whose operation changes due to corrections or additions to the LICENSED SUB - SYSTEMS. Page 2 of 9 Contract VOTEC Corpo -ion and Eagle County, Colorado d) Provide telephone, and when requested, written answers to questions from designated Elections and Information Services staff regarding the operation of the LICENSED SUB - SYSTEMS. e) Provide support during COUNTY's scheduled work hours, which include extended voting hours during elections. f) Provide accelerated response time during elections. Return phone calls within one hour with same day resolution. g) Provide beta testing prior to new releases. h) Provide written documentation of problem resolution for requests submitted on VOTEC Action Request (VAR) forms. i) Assist COUNTY in defining a test environment including database and directory structure sufficient to allow COUNTY to test any update prior to installation in production. 3) Provide upgrades to the LICENSED SUB - SYSTEMS to keep the COUNTY's LICENSED SUB - SYSTEMS in compliance with State and Federal mandates. All State and Federal mandates to be addressed within 30 days of notification by COUNTY of intent to comply. a) Provide new or enhanced forms, batch processes, and /or reports required to keep the LICENSED SUB - SYSTEMS in compliance with State and Federal Elections Codes. b) Provide, concurrent with the upgrade, documentation for the changes and additions installed. 4) Provide Product Releases upgrades to the LICENSED SUB - SYSTEMS. These are upgrades produced as a result of a request of another customer or as a result of the desire by VOTEC to improve the product. Upgrades will be installed to correct an error in a current form or during an annual system evaluation by VOTEC. Upgrades will contain the same functionality as previous forms and reports but may include some operational changes, mutually agreed to be beneficial to the performance of COUNTY's system. Operational changes may include screen appearance, tab stop locations, entry order, etc. 5) Provide, concurrent with the upgrade, documentation for the changes and additions installed. Page 3 of 9 Contract VOTEC Corpora .gin and Eagle County, Colorado 6) Provide technology upgrades to the LICENSED SUB - SYSTEMS as developed by VOTEC and included in a PRODUCT RELEASE and mutually agreed to be beneficial to the performance of the COUNTY'S system, a) New versions of the screens, reports, and batch processes. b) Internet access to COUNTY specified data and forms. c) Workflow management for document images. d) Automated telephone inquiry of COUNTY specified data. Technology upgrades are not provided under Sections 4 of this Article. 7) Provide upgrades to the LICENSED SUB - SYSTEMS resulting from a direct request of COUNTY. CONTRACTOR's hours to provide these upgrades shall be billed separately as mutually agreed in advance of the installation. Subject to the conditions herein stated the CONTRACTOR shall: a) Provide new or enhanced forms, batch processes, and /or reports as requested by COUNTY and agreed by VOTEC. b) Provide documentation for the changes and additions installed. 8) COUNTY shall be notified in advance in writing of any requested VOTEC technical services which VOTEC considers to be outside the scope of Sections Al -A5 of this Article and which the CONTRACTOR expressly states will not be incorporated into the product releases provided to other users. Custom programming will be undertaken following submission of a VOTEC Action Request (VAR) Form with specifications, cost analysis by VOTEC, and written approval with a PO number from the County. The County will not pay for custom programming until the project is completed and VOTEC submits an invoice. B. COUNTY's responsibilities under this Agreement exclusive of payment are as follows: 1) Written authorization for extra charges as specified in Article II, Section A6. 2) Designate 2 contacts as liaisons to VOTEC. All communications concerning system operation, VAR status, and VAR specifications must come from the designated contacts. Typically, one person in the Elections office and one person from the County IS are the designated contacts. 3) Maintain phone lines, modems, printer, and computer hardware and software for connection to the server directly and to at least one PC workstation for VOTEC connection utilizing PCAnywhere. Page 4 of 9 } 7 Contract VOTEC Corpo�on and Eagle County, Colorado 4) Maintain user and menu security utilizing VEMACS forms. 5) Provide full specifications for all VAR requests. Additional specifications after a VAR has been submitted and processed may result in additional charges where such VAR requests work to be performed under Article II, Section A(6).Maintain all hardware and system software used to connect to and run VEMACS. 6) Maintain Oracle database including checking table sizes and space allocations. Patches or version changes should not be installed without consultation with VOTEC. 7) Upgrade Oracle version within 180 days of notice from VOTEC. Shorter notice may be employed for an upgrade upon mutual agreement of the COUNTY and VOTEC at the time such upgrade is proposed. If conflicts are known to exist, with other versions of Oracle residing on the same server, this period shall be extended to give the COUNTY sufficient time to resolve such conflicts. Patches or version changes should not be installed without consultation with VOTEC. 8) Designate an email address to receive emails from VOTEC of form, process, or report updates. The receipient of these emails must have the ability to copy attachments to the VEMS2000 directory and update VEMACS menus and security profiles. 9) Test VEMACS updates before distribution to all users and before going live. 10)AII request for technical service including questions for which you wish documented answers to be submitted on VOTEC Action Request (VAR) forms for facsimile transmission. 11)Provide problem diagnosis using Elections❑ and Information Services❑ staff to discriminate VOTEC issues from hardware and operating system software issues prior to forwarding problems to VOTEC. Typical problem diagnosis must include: • Operation of form or function using master VEMACS password. • Operation of form or function from different pc and print report on different printer. • Check date of form or report in VEMACS2000 directory to ascertain if function was recently updated. • Acsertain if new drivers or software not related to VEMACS has recently been loaded on pc or server. Remove new software or drivers and attempt function again. • Reboot problem computer or printer and attempt function again. • Determine when the problem function last operated correctly. 12) Prepare for upgrade to the latest PRODUCT RELEASE upon request by VOTEC: Page 5 of 9 Contract VOTEC CorporaLdn and Eagle County, Colorado - • Allocate time to test PRODUCT RELEASES, custom programs and reports. • Confirm that a full backup of VEMACS has been performed before VOTEC begins conversion. • VOTEC shall provide a specification and County shall review and approve the time and support required of the COUNTY. VOTEC shall accommodate any reasonable request to work around the obligations of the COUNTY. • Provide County resources to support the conversion, including testing VOTEC access to the conversion pc, technical staff on -call for problem solving, and any necessary network and logos passwords. • Note: Failure by COUNTY to accommodate a PRODUCT RELEASE installation within one year of the first request shall suspend VOTEC's responsibilities for maintenance and mandated upgrade support until installation of the latest PRODUCT RELEASE is accommodated by the COUNTY provided the PRODUCT RELEASE conforms to the provisions of Article II(A) above. VOTEC staff time to diagnosis problems originating solely from COUNTY purchased hardware and operating system software shall be billed at the then current rate. ARTICLE III - PAYMENT 1) In consideration of services specified in this Agreement, the COUNTY agrees to pay CONTRACTOR a total not to exceed for all services covered under this Agreement. 2) The hourly rate for additional programmer services shall be $180.00 per hour during the months of August, September, October, and November of every year and the months of January, February, March, and April of each Presidential election year. The hourly rate for additional services during other months shall be $140.00 per hour. 3) Programmer services scheduled prior to January in a Presidential election year or prior to August in other years but delayed by VOTEC shall be charged at the $140.00 per hour rate. 4) The fee stated in the first paragraph of this Article includes travel expenses for any trip required for VOTEC to provide timely and comprehensive response to provide Warranty or Mandated updates. 5) Shipping charges and phone charges for calls originated by VOTEC shall be borne by VOTEC. 6) The costs for hardware and non - VOTEC software arising from VOTEC fulfillment of State or Federal mandates shall be borne by the COUNTY. Page 6 of 9 Contract VOTEC Corpo ..co n and Eagle County, Colorado � 7) The costs for hardware and non - VOTEC software arising from installation of new technology as mutually agreed by COUNTY and VOTEC shall be borne by the COUNTY. 8) Travel expenses associated with new technology or with State or Federal mandates which require VOTEC presence in the State of Colorado shall be borne by the COUNTY. 9) Payment is due within 30 days of approval, by the COUNTY and VOTEC, of this Agreement. ARTICLE IV - TERMINATION 1) This Agreement may be terminated by the COUNTY for the COUNTY's convenience by giving written notice of termination to VOTEC via certified mail or delivery service. 2) This Agreement may be terminated by VOTEC if payment is not made when payment is due by giving written notice of termination via certified mail or delivery service, provided VOTEC shall provide the County 15 days notice to cure by making a delinquent payment prior to termination. 3) If VOTEC is unable to perform timely maintenance of mandated changes, VOTEC shall provide to the COUNTY all source code and documentation pertinent to the LICENSED SUBSYSTEMS licensed by COUNTY. COUNTY shall have no right to license or otherwise make said source code and documentation available to any party for any purpose other than support of COUNTY's registration and election functions. Termination of this contract by VOTEC or the County does not entitle the County to receipt of source code unless termination is the result of the inability of VOTEC to perform timely maintenance of mandated changes. Page 7 of 9 Contract VOTEC Corporatidn and Eagle County, Colorado ARTICLE V - CONTRACT EXTENSION The COUNTY shall have the option to extend this Agreement. Any modification, or extension shall be by formal written amendment and executed by the parties hereto. Fees for periods covered by contract extensions shall be governed by the document " VOTEC System Warranty, Support, and Involvement Contract Fees (7/00) ", The COUNTY's fees for extension of this contract will increase or decrease as the COUNTY's voter rolls increase or decrease. Fees for extending this Agreement shall be based on the eligible voter count at the preceding November election. COUNTY may extend this Agreement for more or fewer VOTEC services as needed. The Warranty, Mandates, Standard Updates, and Technology Upgrade Involvement portion of the fee must be paid without interruption for COUNTY to receive technology upgrades without additional charges for the VOTEC software required. Interruption of payment for this service during any extension of this Agreement makes further technology upgrades subject to the then current charges for these features. ARTICLE VI - GENERAL Performance hereunder shall be construed and regulated in accordance with laws of the State of Colorado. Any notices required by this Agreement shall be in writing and shall be delivered via registered or certified mail or delivery service addressed as follows: COUNTY: Eagle County Clerk & Recorder P.O. Box 537 Eagle CO 81631 -0537 CONTRACTOR: VOTEC Corporation 16980 Via Tazon, Suite 120 San Diego, California 92127 This document constitutes the entire Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment and signed by the parties. These terms and conditions are severable and should any be deemed invalid, then only that provision shall fail and the remainder of the terms and conditions shall be of full force and effect. All rights and remedies of the parties hereto, whether evidence hereby Page 8 of 9 fi y t 4 - Contract VOTEC Corpora won and Eagle County, Colorado w or by any other agreement, instrument, or paper, shall be cumulative and may be exercised singularly or concurrently. In the event either party shall on any occasion fail to perform any term of this Agreement and the other party shall not enforce that term, failure to enforce on that occasion shall not prevent enforcement on any other occasion. IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement. COUNTY — Eagle County, CO: <�)q- *?- Name and Title Date CONTRACTOR - VOTEC Corporation: Name and Title i Date c�R � otoarj Page 9 of 9 y 1 c C11 * ; VOTEC System Warranty, Support, and Involvement Contract Fees (7100) Oracle Annual Support Fees These fees are charged to offset our maintenance fees to Oracle Corporation. The fees are applicable 12 months from first use. If additional licenses are purchased, the maintenance fees will start one year from the date that the customer orders the licenses or from the date that the customer starts using those licenses whichever is earlier. Per named user per year $100 Per concurrent user per year $150 Oracle Webserver $600 VEMACS Annual Support Fees Fees for various levels of VOTEC maintenance, support, and involvement are based on the number of voters eligible to vote in the most recent November election preceding the first day of the contract year plus a base fee. Warranty Eligible Voters Mandates for the previous Standard Updates November Election Future Technology Base fee $14,000+ Fee per Voter 0 -100,000 $0.14 100,001 - 200,000 $0.11 200,001 - 400,000 $0.08 400,001 - 800,000 $0.05 800,001 + $0.003 The fees are cumulative. For example, the Warranty + Mandates + Standard Updates + Future Technology charge for a county of 125,000 active voters would be: $14,000 + (100,000 X 0.14) +(25,000 X 0.11) = $30,750