HomeMy WebLinkAbout20021226.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION
EQUIPMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Use of Election Equipment between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office,
and the City of Greeley, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for Use of Election Equipment
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and the City of
Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: M��%(/� ?� Ig, j,:',i� �
Weld County Clerk to the ;s� `,„,,,,,,,-,2„
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, r,avid E. Lo/_, Pro-BY: Deputy Clerk to the Boars k
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APPRO 6 AS T 1...-7 / 571.--P
- • li H. Jerke
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ounty X-Itorney
XC? 7Ro ert D. Masden
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Date of signature: f.S CC i) Gam'\ 2002-1226
CR0019
INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 29th day of
April, 2002, by and between the City of Greeley ("Greeley"), whose address is 1000 10th Street,
Greeley, CO 80631, and the Board of County Commissioners of the County of Weld ("County"),
whose address is 915 10`h 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 the Greeley for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Greeley 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. Greeley agrees that the use of the above equipment shall be limited to the
municipal election on June 11`h, 2002.
3. The Election Department shall make the election equipment available for pick up
by Greeley 18 (May 24`h, 2002) days prior to the election.
4. Greeley 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. Greeley 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 7 (June 18th, 2002) 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 Greeley. Greeley agrees to pay such charge within thirty
(30) days after the date of the election
7. Greeley agrees to be responsible for the election equipment for the period of time
such equipment is in Greeley's possession and shall bear the risk of loss in case
the election equipment is lost, stolen, or damaged while in the possession of the
Greeley. It is agreed that the replacement cost of each Accu-Vote unit is
$6,500.00.
2002-1226
8. Greeley 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, Greeley shall execute an
acknowledgment that the equipment has been received and is in good condition
and repair. Upon the return of the equipment by Greeley, the Election Department
shall inspect the election equipment and note the condition of such equipment on
a form to be provided to Greeley.
10. Greeley 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. Greeley 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 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
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parties hereto acknowledge and agree that no part of this Agreement is intended to
circumvent or replace such immunities.
IN WITNESS WHEREOF, Greeley and County have executed this agreement as of the
date first above written. .k,
ATTEST: r'; i. : yi ;::( THE CITY OF GREELEY& Li ,,,:,,, LAir,—,, . . •, zere4
By: ' i * By:
Betsy der, Ay t ti , t 8 Jerry Wones, Mayor
TI:cJ 4(sCk-.j =At t�gc c
APPROVED AS TO SUBSt ICE `raw APPROVED AS T AL FORM:
By: %Y/ •
By: C _
Leonard Wiest, City Manager '-CV-Rick d , City Attorney
AVAILABLE FUNDS:
By: ,�
Tim Nash, Dir r of Finance
ATTEST: ►L /J ,��f E IL ,1? BOARD OF COUNTY COMMISSIONERS
��41 OF THE COUNTY OF WELD
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cv /� _ %/ �i:' i7v_?.... t.e By: L_
Deputy Clerk to the : �� c�}. (j�r,•t \� r/ Glenn Vaad, Chairm'�[5�—
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EXHIBIT "A"
OUANTITY ITEM DESCRIPTION SERIAL NUMBER
(2) Accu-Vote Device 81287
81288
(1) Accu-Vote carrying case NA
(1) Accu-Vote power cords NA
(1) Accu-Vote—ENDER CARDS NA
(1) Accu-Vote Ballot Boxes NA
(2) Voting Booth 13.08.152
13.08.153
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