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<br />MEMORANDUM OF UNDERSTANDING BETWEEN <br /> <br />THE STATE OF NORTH DAKOTA ACTING BY AND THROUGH THE <br /> <br />NORTH DAKOTA SECRETARY OF STATE AND THE COUNTY OF CASS <br /> <br />FOR THE PURCHASE AND MAINTENANCE <br /> <br />OF ELECTRONIC POLL BOOKS <br /> <br />This Memorandum of Understanding is hereby entered into by and between the County of <br />Cass (hereafter referred to as the County") and the State of North Dakota acting by and through the <br />North Dakota Secretary of State (hereafter referred to as the "State"). <br /> <br />NOW, THEREFORE, in consideration of the terms and conditions contained herein, the <br /> <br />parties hereto agree as follows; <br /> <br />1. The County acknowledges and agrees that the State will purchase the electronic poll <br />book solution from Election Systems and Software (hereafter referred to as "ES&S") <br />using federal Help America Vote Act ("HA V A") dollars, and the County hereby <br />authorizes the State to enter into an agreement for said purchase, in part, on behalf of <br />the County. <br /> <br />2. The County agrees to repay the purchase price, less the credit for rental expenses paid <br />to ES&S through the North Dakota Association of Counties, within five years of the <br />execution date of the purchase agreement. <br /> <br />3. The County acknowledges and agrees it is solely responsible for the continuance of a <br />maintenance agreement with ES&S following the expiration of the one year warranty <br />period, which begins on the signing date of the purchase agreement. Initial software <br />warranty cost is $119.25 per license and hardware maintenance is $45 per unit. <br /> <br />4. Based on the above, the County agrees to utilize the HA V A dollars of the State and to <br />repay the costs that are associated with purchase of the electronic poll book solution. <br />Each unit costs $3080, not including the $1125 per unit credit for each unit rented by <br />the County from ES&S for the June, 2008 election. <br />