HomeMy WebLinkAbout20040971.tiff INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT
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THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 29"' day of
January, 2004,by and between the Town of Johnstown ("Johnstown"), whose address is 101 K
Charlotte St, Johnstown, CO 80534 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 Johnstown for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Johnstown 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. Johnstown 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 Johnstown fifteen (15) days prior to the election.
4. Johnstown 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. Johnstown 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 Johnstown. Johnstown agrees to pay such charge within
thirty(30) days after the date of the election.
Page 1 of 3 Pages
2004-0971
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7. Johnstown agrees to be responsible for the election equipment for the period
of time such equipment is in Johnstown's possession and shall bear the risk of
loss in case the election equipment is lost, stolen, or damaged while in the
possession of Johnstown. It is agreed that the replacement cost of each Accu-
Vote unit is $6,500.00.
8. Johnstown 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, Johnstown shall execute an
acknowledgment that the equipment has been received and is in good condition
and repair. Upon the return of the equipment by Johnstown, the Election
Department shall inspect the election equipment and note the condition of such
equipment on a form to be provided to Johnstown.
10. Johnstown 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. Johnstown 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
Page 2 of 3 Pages
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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
parties hereto acknowledge and agree that no part of this Agreement is intended to
circumvent or replace such immunities.
IN WITNESS WHEREOF, Johnstown and County have executed this agreement as of the
date ove written.
4,1 OF J ow,vs
` TEST: •••. o THE TOWN OF JOHNSTOWN
A.L
B ? By:
Diana' eeley, Town Clerk Troy . Mellon, Mayor
ATTEST: / L 1� tiki i' ► 'C4: : • ' I OF COUNTY COMMISSIONERS
°DY' r ". .•g HE COUNTY OF WELD
Deputy Clerk to the Board "k J N—
William H. Jerke, , Chairman MAR 17 2004
'totem
Page 3 of 3 Pages
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EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
(1) Accu-Vote Device 73321
(1) Accu-Vote carrying case NA
(1) Accu-Vote power cords NA
(1) Accu-Vote—ENDER CARDS NA
03/10/2004 15: 34 9705870141 TOWNOFJOHNSTOWN PAGE 02
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ACORD„ CERTIFICATE OF LIABILITY INSURANCE DA'E"MfDeAT'
01/10/04
PRODUCER Lie 7Rt/A 1.303.757-5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CXRRA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creel North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Danner, Co 50209 INSURERS AFFORDING COVERAGE
INSURED NWRER A:g:eat. Ldkeq (BR), PBC
Teas of Johnstown
N6URER B.c1RVI
P.O. Box 609 -- -
NSURERC;REIII Indemnity Company
Johnstown, CO 80534 INSURER Cr
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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 REDUCCD BY PAID CLAIMS.
NSR ---..._ . .. _ _.__....... _._
ITN TYPE Cr INSURANCE POIJCY NUMBER POLICY POLICY EXPIRATION —.._. LIMITS
A GENERALLIAeILTM 01-9E-AP-0000001-00 01/01/04 01/01/05 EACH OCCURRENCE S 5,000,000
X COMAERCIN.OENERAL LIABILITY FRE DAMAGE(My away) $5,000,000
xi COMMA NADF I I occur; s,Mat EXP(Any coo Mesdl1 S
M SIOB R&D Aggregate PERSONAL&BOW INJURY 55,000,000
----- GENERAL AGGREGATE S
GCNL AGGREGATE LIMIT APPLIES PIM;
n PRODUCTS-COMFIOP Apo $5,000,000
—1 POLICY n PPR' LOO
A _AUTOMOBILEUASRITY 01-Ot-AP-0000001-DO 01/01/04 01/01/05
(ER ABnemtl NGLE LMfT $1,500,000
ANY AUTO
.. ALL OWNED AUTOS
ACISCHEDULED AUTOS (Pnr primLY a')
HIRED AUTOO
ROPILY INJURY
NOM:MRCP AUTOS • (Pe Reldenll
PROPERTY MACE $
IPe 4tsIdedad6eAl1
CARA(I UAREMY AUTO CYILY--EAACCOENT
QTHER THAN PAACC S
AUTO ONLY: ApG
EXCESS LIABILITY EACH OCC11RRPNCE S
7 OCCUR n CLARE LIAISE AGGREGATE S
DEDUCTIBLE
RETENTION I I
WORKERSCDMIENSATION ANO ITOUrMIHSI I FR ENPLOYRfl LIABILITY
E .EACH ACCIDENT S
EL.DISEASE_EA EMPLOYEE S
E L.DREAM-P(LICYLIMTT S
OTHER
B Property PR 01-2004 01/01/04 01/01/05 1,000,000
C Extaaa Property NIm333006 01/01/04 01/01/05 500,000,000
DESCRIPTION OF OPEi ATION&LOCATIOIIRNEHICLESEYCLUSION9 AMID)BY RNtORBEMENTISPECIAL PROVISIONS
Ad reepenta to the rental of (5) Atoll-Vote machined and (5)
voting booths to be need for the April 6, 2004 Election_
CERTIFICATE HOLDER I R I ADorTIN4AL INSURED;INSURER LETTER; CANCELLATION
SHOULD ANYOF THE ABDVE DESrnmEO POLICIES BE CANCELLED BEFCRETHE EXPIRATION
Weld County Election Department DATE THEREOF,THE IESOINO INSURER MAL ENDEAVOR TO MM. 30, DAYS WRITTEN
Rudy Banton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE T000 SO SHALL
PO Box 459 IMPOSE NO*ROGATION OR LIABILITY OF ANY KM UPON THE INSURER.ITS AGENTS I>A
REPRESENTATIVES.
Greeley, CO $0631 AuThORIZED REPRESENTATIVE
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ACORD 25-S(7/87) aeboe esker o ACORD CORPORATION 1989 1693668
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