HomeMy WebLinkAbout20061186.tiff INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 1st day of
February, 2006, by and between Louisville Fire Protection District ("Entity"), whose address is
895 West Via Appia, Louisville, CO, 80027, 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 Entity for its election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Entity 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. Entity agrees that the use of the above equipment shall be limited to the election
to be held on May 2nd, 2006.
3. The Election Department shall make the election equipment available for pick up
by Entity fifteen (15) days prior to the election.
4. Entity 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. Entity 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 Entity. Entity agrees to pay such charge within thirty (30)
days after the date of the election.
7. Entity agrees to be responsible for the election equipment for the period
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of time such equipment is in Entity's possession and shall bear the risk of loss in
case the election equipment is lost, stolen, or damaged while in the possession of
Entity. It is agreed that the replacement cost of each Accu-Vote unit is $6,500.00.
8. Entity 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, Entity shall execute an
acknowledgment that the equipment has been received and is in good condition
and repair. Upon the return of the equipment by Entity, the Election Department
shall inspect the election equipment and note the condition of such equipment on
a form to be provided to Entity.
10. Entity 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. Entity 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 be binding on either party, or its agents or
employees, hereto. This Agreement embodies all agreements between the parties
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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, Entity and County have executed this agreement as of the
date first above written.
ATTEST: Entity `ot.Aii,..al •' c t`\-to.) At
By: i j GOLC f L By: - Ciai
ATTEST: IL, ! BOARD OF COUNTY COMMISSIONERS
OF THE COUNT OF WELD
1/49�/ By: 727 41.
Deputy Cler "+-'r B r r�r � M. J. Geile, Chairman
APR 2 4 2066
APPROVED AS TO SUBSTANCE:
Steve Moreno, elW d County Clerk
and Recorder
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EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
1 Accu-Vote Device 74728
1 Accu-Vote carrying case NA
1 Accu-Vote power cords NA
1 Accu-Vote—ENDER CARDS NA
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