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INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 29`h day of
January, 2004, by and between the City of Evans ("Evans"), whose address is 1100 37`h St,
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 Evans for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Evans 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. Evans agrees that the use of the above equipment shall be limited to the municipal
election to be held on April 6, 2004.
3. The Election Department shall make the election equipment available for pick up
by Evans fifteen (15) days prior to the election.
4. Evans 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. Evans 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 Evans. Evans agrees to pay such charge within thirty(30)
days after the date of the election.
Page 1 of 3 Pages
2004-0970
CF C7a(
7. Evans agrees to be responsible for the election equipment for the period
of time such equipment is in Evans's possession and shall bear the risk of loss in
case the election equipment is lost, stolen, or damaged while in the possession of
Evans. It is agreed that the replacement cost of each Accu-Vote unit is $6,500.00.
8. Evans 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, Evans shall execute an
acknowledgment that the equipment has been received and is in good condition
and repair. Upon the return of the equipment by Evans, the Election Department
shall inspect the election equipment and note the condition of such equipment on
a form to be provided to Evans.
10. Evans 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. Evans 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,
Page 2 of 3 Pages
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, Evans and County have executed this agreement as of the
date first above written. mmlinft#
ATTEST: �;, •'•.9 E TOWN OF EVANS
• AL =
By: % rl • .Leie.zcc"
im Betz, Town erk LOS.....0. Sheielby, Mayor
R A (((JJJ
ATTEST: f � _ jd y ll �'"�! ��BOARD OF COUNTY COMMISSIONERSwt& I •F THE COUNTY OF WELD
, . -
/ ,' ':r f! . �By: L ' - 1
Dep
uty : :,:... i
P Y lerk to the � 1M � William H. Jerke„ Chairman Protem
MAR 17 2004
Page 3 of 3 Pages
EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
(4) Accu-Vote Device 71479, 81287, 81301, 81289
(4) Accu-Vote carrying case NA
(4) Accu-Vote power cords NA
(1) Accu-Vote—ENDER CARDS NA
Client#:23377 EVACI
ACORD,a CERTIFICATE OF LIABILITY INSURANCE DATE( 04DnYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood&Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9351 Grant Street,Suite 600 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver,CO 80229
720 977-7110 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Argonaut Insurance
CITY OF EVANS INSURER B:
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.
1NSR ADD'L - POLICY EFFECTIVE POLICY EXPIRATION
LTR NSRE TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YYI DATE IMM/DD/YY) LIMITS
A GENERAL LIABILITY 461001600 01/01/04 01/01/05 EACH OCCURRENCE $1,000,000
AMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES fEa occurrence) $500,000
CLAIMS MADE X OCCUR MED EXP(My one person) $Excluded
PERSONAL S ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
7 POLICY I�JEC P1 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
7 ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGEUABILITY AUTO ONLY-EA ACCIDENT $
—I ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
7 OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY IMITS I MI-
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
A OTHER 461001600 01/01/04 01/01/05
Accu-Vote Devices $26,000 Limit
$250 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: The rental is for 4-Accu-Vote Devices valued at$6,500 each for use between March
19 and April 7,2004
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 in DAYS WRITTEN
Weld County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
915 10th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Greeley,CO 80631 R MPH IVES
A l7F PiWR94b 1BSOYL In&44anee-
ACORD 25(2001108)1 of 2 #272506 DLB 0 ACORD CORPORATION 1988
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