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Home My WebLink About20060683.tiff • INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 16th day of January, 2006, by and between the City of Evans ("Municipality"), whose address is 1100 37th St Evans, CO 80620, 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 Depai Intent 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$1.00 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. Page 1 of 3 CC CGa'�i C .Th C tlf ACPa-7L�Ct_ 2006-0683 JIb / ZiP(n Cf : 04-sue' Eu.yNst tciis) 03 -0 0r, 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 Page 2 of 3 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, Munici and County have executed this agreement as of the date first above written. V O F fr ATTEST: ( AL Y SEAL 11 By: y: Kim [z,Ci Otk�•• eel.•.•• Harold eisberg,Mayor sORAOw ATTEST: Mil/a BOARD OF COUNTY COMMISSIONERS OF THE COUNT !F WELD By. ti b " 1-� lart City}/,I�,,� I ,e Deputy Clerk • the Bo M.J.Geile,Chairman 1161 I j ;15aitt _ MAR 0 8 2006 Page 3 of 3 EXHIBIT "A" QUANTITY ITEM DESCRIPTION SERIAL NUMBER(S) 4 Accu-Vote Device 73320, 73318 70498, 73323 4 Accu-Vote carrying case N/A 4 Accu-Vote power cords N/A 4 Accu-Vote—ENDER CARDS N/A Client#: 23377 EVACI ACORDT, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/24/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood&Peterson Ins.Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O.Box 578 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4687 W. 18th Street Greeley,CO 80632 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Argonaut Insurance City of Evans INSURER B: Pinnacol Assurance 1100 37th Street Evans,CO 80620 INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSN ADU'L LTR NSRC TYPE OF INSURANCE POLICY NUMBER PDATE IMM/DD/YYE I TOTE IMM/DD/YYIIN LIMITS A GENERAL LIABILITY 461001602 01/01/06 01/01/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s500 000 CLAIMS MADE El OCCUR MED EXP(Any one person) $ X BI/PD Ded:1,000 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 n POLICY n JECT n LOC A AUTOMOBILE LIABILITY 461001602 01/01/06 01/01/07 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY SCHEDULED AUTOS $ ers(Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY ILY(Per acct ent) $ PROPERTY DAMAGE (Per acc dens) GARAGE LIABILITY AUTO ONLY- EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCEI $ OCCUR n CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 8985 01/01/06 01/01/07 X I WCSTTU-I IOER EMPLOYERS'LIABILITY TORY IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $100,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 A OTHER property 461001602 01/01/06 01/01/07 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is provided for rental of 4 Accu-Vote Devices valued at$6,500 each for use. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Board of County Commissioners DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_ DAYS WRITTEN Weld County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 951 10th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Greeley,CO 80631 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fiona 'r Ot Soaj fls✓r s..aJCA , .vuc. ACORD 25(2001/08)1 of 2 #5337140/M336554 DSM © ACORD CORPORATION 1988 Hello