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Home My WebLink About20051341.tiff INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 30th day of March, 2005, by and between the City of Evans ("Municipality"), whose address is 1100 37th Street, Evans, CO 80620, 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 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 May 24, 2005. 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. `1. 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 ee©Q:20f 2005-1341 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 ballots, 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, Municipality and County have executed this agreement as of the date first above written. �C4O Sp ATTEST: l ATTEST: V? �••;;1'� nrA ii Y By: +✓ SEAL 4y: ;t ' /1 N/ Kim Betz ,Ci . 1 • Harold ' eisberg ,Mayor C .N•• ►�° / : )l Addet Vat BOARD OF COUNTY COMMISSIONERS 161 It s _. = , OF THE COUNTY OF WELD 11 'yra �r. . �/ tr.-1 R.,11 -17, C erk to the Boars' - William Jerke ,Chairman `` Ail MAY 0 2 2005 Page 3 of 3 &&e -/351/ • Exhibit "A" Quantity Item Description Serial Number(S) 4 Accu-Vote Device 73262 73246 72742 73267 4 Accu-Vote carrying case NA 4 Accu-Vote power cords NA 4 Accu-Vote—Ender Cards NA • Client#: 23377 EVACI ACQRDTM CERTIFICATE OF LIABILITY INSURANCE DAATE(M I DmTY) PRbDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood &Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4687 West 18th Street - HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR _ -' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greeley, CO 970-356-0123 7M5 1-_^^ 76 _15I !CI: 57 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Argonaut Insurance CITY OF EVANS INSURER B: Pinnacol Assurance 1100 37TH STREET INSURER C: EVANS, CO 80620 INSURER D: 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. 'NSR ADDR. POUCY EFFECTIVE POLICY EXPIRATION LTR NSRC TYPE OF INSURANCE POUCY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A GENERAL UABIUTY 461001600 01/01/05 01/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRFMISFS(Fa ocru ante) $500,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $Excluded X BI/PDDed:1,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY ri JEC I 1 LOC A AUTOMOBILE UABIUTY 461001600 01/01/05 01/01/06 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA UABIUTY EACH OCCURRENCE $ IOCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 8985 01/01/05 01/01/06 X I O ,I IMIT I IOTH- TORY LIMITS ER EMPLOYERS'UABILITY E.L.EACH ACCIDENT $100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$100,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 A OTHER property 461001600 01/01/05 01/01/06 Limit-$26,000 Deductible-$1,000 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 E• NCELLED BEFORE THE EXPIRATION Board of County Commissioners DATE THEREOF,THE ISSUING INSURER WILL END OR •MAIL '1 DAYS WRITTEN Weld County /NOTICE E CERTIFICATE H DER NA ED TOT LE ,BUT FAIL RE TO'O SO SHALL 915 10th Street IMPOSE NO OB ATIO OR LIA IUTY OF Y KIND 0 INSUR--,ITS A ENTS OR Greeley, CO 80631 REP ESENTATIV AUT ORIZED EP ACORD 25(2001/08) 1 of 2 #S312630/M303452 o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S312630/M303452 Hello