03/25/1974
CONTRACT t\lO. 6065
VOTING MACHINE CONTRACT
THIS AGREEMENT, approved, made, and executed in duplicate, this 25th
day of March , 1974, at Jamestown, New York, by and between the AUTOMATIC
VOTING MACHINE DIVISION OF AVM CORPORATION of Jamestown, New York, a
corporation organized under the laws of the State of Delaware, party of the first part and
hereinafter referred to as the "Company", and MONROE COUNTY, STATE OF FLORIDA,
party of the s~~cond part and here inafter referred to as the "County"; Witnesseth, that, for
and in consid~~ration of the agreements hereinafter stated and intending legally to be bound
hereby, the parties hereto agree with each other as fo I lows:
FIRST: The Company furnishes to the County, Eight (8) Automatic
Voting Machines of the 9 party row, 50 office column size, manually operated, Florida type,
at the price of Two Thousand One Hundred Seventy-two Dollars ($2, 172 _ 00) per machine,
F. O. B. Jame:;town, New York.
Payment for said machines shall be made in net cash within 30
days after recleipt of invoice.
SECOND: The County agrees to accept from the Company the said Eight
(8) Automatic Voting Machines at the price of Two Thousand One Hundred Seventy-two
Dollars ($2, 1j72.00) per machine, F.O.B. Jamestown, New York, which it promises to pay
as here inbefore stated.
The County agrees that it wi II be res pons ib Ie for the safety and
good care of said voting machines and keep them insured against loss and damage during the
time they are in the County's possession, and if any of said machines shall in any way become
damaged during that time, the County will pay for such repairs as shall be necessary to put
said machines in perfect condition, less ordinary wear and tear.
T HI R D:
The Company agrees as follows:
(a) To ship the said voting machines addressed to
on or before JMarch 1, 1974, of not prevented or delayed by strikes or work stoppages in its
plant or at plants of its suppliers, by war, or by causes beyond the Company's control.
(b) That each of the said machines shall contain nine (9) party
rows of 50 vc~ting pointers each for voting for candidates, one row of 50 devices for voting
for persons not nominated and one (1) row of voting pointers for voting on 25 Constitutional
Amendments or other questions.
(c) That it wi II furn ish with each machine, without charge to
the County, a mechanical model which is a duplicate of a portion of the face of the machine
to faci I itate the instruction of voters.
(d) That it will furnish, without charge, the necessary printed
directions for the care and preparation of said machines for elections, and will also furnish,
without addi1~ional cost to the County, all materials, supplies, return sheet packs, and election
officers instrluction manuals in a quantity sufficient for the first two (2) elections in which said
machines shall be used, with the exception that said materials and supplies shall not include
the printing l:lnd furnishing of sample ballots or ballot label strips for said machines, or the
imprinting of return sheet packs.
(e) That there are no express warranties, implied warranties
of merchantclbility or implied warranties of fitness for a particular purpose, which extend
beyond the description on the face hereof, except that the Company warrants to the County
on Iy and to no other subsequent Purchaser, owner or possessor, that:
(1) the machines, when shipped, will
comply with the requirements of the Election Laws of the State of Florida
governing their use;
(2) the mach ines wi II be so constructed
that they will at the time of delivery to the County, in an efficient and
correct manner do the work for wh ich they are designed, when prepared
and operated in accordance with the Election Laws govern ing their use
and the printed instructions furn ished by the Company; and
(3) it wi II make good by repair or
replacement (the method being at the Company's option) any imper-
fections or defects in materia I or workmanship in sa id machines for five (5)
years from date of shipments, provided said machines shall be cared for
properly, and prepared properly for elections, and provided such repair
or replacement is not rendered necessary by the elements, fire, accident,
improper operations, or through careless or malicious handling.
FOURTH:
This Agreement is freely assignab Ie by the Company but may not
be assigned by the County. Any such assignment, however, shall not relieve the Company from
being primariily liable under the terms and conditions of this Agreement, unless the County agrees
in writing in advance so to relieve the Company.
F I FT H :
The amount of any present or future Personal Property Tax, Sales
Tax, Use Ta>c, or other similar tax levied in the State of Florida is not included in the price,
and if the saine shall be applicable to the purchase of said machines, it shall be added to the
price and paid by the County in the same manner and with the same effect as if originally added
thereto.
IN WITNESS WHEREOF, the Company has caused its
corporate sea I to be hereun to affixed and these presents to be signed by
its
the day and year first abofe written, and the County has caused its
corporate seal to be hereunto affixed and these presents to be signed
at the same time by its
AUTOMATIC: VOTING MACHINE DIVISION
)\VM CORPORATION
Party of the First Part
,~_.
~.,
BY~~~
c, i
Executive Vice President
MONROE COUNTY, STATE OF
FLORIDA
Party of the Second Part
By4~/
Mayor and Chairman of the
Board of County commissioners
~ of Monroe Countv. Florida
ATTEST: C''',")
'_~X )/t;- 5/ C/c I ( M:z
.' Clerk
ATTEST:
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Sec rE~tary- Treasurer
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