HomeMy WebLinkAbout20060687.tiff INTERGOVERNMENTAL AGREEMENT FOR USE OFELECTION'EOUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 16th day of January,
2006, by and between the Town of Erie ("Municipality"), whose address is 645 Holbrook Street Erie,
CO 80516, and the Board of County Commissioners of the County of Weld ("County"), whose address
is 915 10th Street, Greeley, CO 80631, on behalf of the Election Department of the Weld County Clerk
and Recorder("Election Department").
WITNESSETH:
WHEREAS, pursuant to Article XIV, Section 18(2)(a), of the Colorado Constitution and Part 2,
Article I, Title 29, C.R.S., governmental entities are encouraged and authorized to cooperate and
contract with each other to provide any function, service, or facility lawfully authorized to each, and
WHEREAS, the parties hereto wish to enter into a cooperative arrangement in which the County
loans certain election equipment to Municipality for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Municipality the election equipment, more particularly
described in Exhibit "A," attached hereto and incorporated by reference herein, upon
the terms and conditions of this Agreement.
2. Municipality agrees that the use of the above equipment shall be limited to the municipal
election to be held on April 4th, 2006.
3. The Election Department shall make the election equipment available for pick up by
Municipality fifteen (15) days prior to the election.
4. Municipality agrees to use the election equipment in a careful and proper manner and
shall make no alterations or modifications to the equipment without the Election
Department's express written consent.
5. Municipality agrees to return the above equipment in good working order and condition,
ordinary wear and tear resulting from the proper use of such equipment excepted, to the
Election Department within two (2) days after the date of the election.
6. A fee of$100.00 will be assessed for each Accu-Vote unit and no charge for each voting
booth loaned to Municipality. Municipality agrees to pay such charge within thirty (30)
days after the date of the election.
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7. Municipality agrees to be responsible for the election equipment for the period of time
such equipment is in Municipality's possession and shall bear the risk of loss in case the
election equipment is lost, stolen, or damaged while in the possession of Municipality. It
is agreed that the replacement cost of each Accu-Vote unit is $6,500.00.
8. Municipality agrees to maintain sufficient insurance to cover the loss of or damage to the
County's election equipment.
9. Prior to taking possession of the election equipment, Municipality shall execute an
acknowledgment that the equipment has been received and is in good condition and
repair. Upon the return of the equipment by Municipality, the Election Department shall
inspect the election equipment and note the condition of such equipment on a form to be
provided to Municipality.
10. Municipality agrees to assume all responsibility for the conduct of its election and
acknowledges that the County is not a participant in the election and has no responsibility
for any election results obtained from the use of the election equipment.
11. County is providing election hardware only and shall not be responsible for providing
memory cards, ballots, or election support and programming for the equipment.
Municipality understands that it will be responsible for obtaining the above items at its
own expense.
12. This Agreement, and any agreement or document referred to herein, constitute the entire
understanding between the parties with respect to the subject matter hereof and all other
prior understandings or agreements shall be deemed merged into this Agreement. This
Agreement may be amended only by written agreement signed by both of the parties
hereto.
13. It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties or their assignees, and nothing contained in this
agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties or their assignees receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
14. The parties hereby agree that neither has made or authorized any agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall
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be binding on either party, or its agents or employees, hereto. This Agreement embodies
all agreements between the parties hereto and there are no promises, terms, conditions,
or obligations referring to the subject matter whereof other than as contained herein.
15. No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties or their officers or employees may possess, nor shall any portion of this
agreement be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Agreement. The parties hereto acknowledge and
agree that no part of this Agreement is intended to circumvent or replace such
immunities.
IN WITNESS WHEREOF, Municipality and County have executed this agreement as of the date
first above written.
ATTEST: = P . /�
By: t lmay_ ( .2��G� O'OYi : x 1� 'l� '`/
UC�t��IL� � ,/c1. . ti' Y� qr� �,
Terry Andrews, City Clerk c t SEAL i /Andrew Moore,Mayor
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ATTEST: i M " �^`�'r ',`����: i�.o OF COUNTY COMMISSIONERS
OF THE COUN ' OF WELD
By: tbi -'Cl 0,1 tCtCt1 z; / %r?,:
t
Deputy Clime rk to the 1,r. M.J. Geile,Chairman
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0 8 2006
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EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL NUMBER(S)
1 Accu-Vote Device 82567
2 Accu-Vote Memory Cards N/A
1 Accu-Vote carrying case N/A
Accu-Vote power cords N/A
1 Accu-Vote—ENDER CARDS N/A
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