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INTERGOVERNMENTAL AGREEMENT FOR USE OF ULE ITIO l?EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 11th day of
Feburary, 2004, by and between the Town of Windsor("Windsor"), whose address is 301
Walnut St, Windsor, CO 80550 and the Board of County Commissioners of the County of Weld 1
("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").
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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 fanction, 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 Windsor for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Windsor 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. Windsor 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 Windsor fifteen (15) days prior to the election.
4. Windsor 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. Windsor 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 Windsor. Windsor agrees to pay such charge within thirty
(30) days after the date of the election.
Page 1 of 3 Pages
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7. Windsor agrees to be responsible for the election equipment for the period
of time such equipment is in Windsor's possession and shall bear the risk of loss
in case the election equipment is lost, stolen, or damaged while in the possession
of Windsor. It is agreed that the replacement cost of each Accu-Vote unit is
$6,500.00.
8. Windsor 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, Windsor shall execute an
acknowledgment that the equipment has been received and is in good condition
and repair. Upon the return of the equipment by Windsor, the Election
Department shall inspect the election equipment and note the condition of such
equipment on a form to be provided to Windsor.
10. Windsor 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. Windsor 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
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, Windsor and County have executed this agreement as of the
date first above written.
ATTEST: THE TOWN OF WINDSOR
WINO ,
By. `y1 OF, •- `• By. 74;(7/ , , 177/
Cat M. Ke cy:' t l>'; Wayne/Miller, Mayor
yy SEAL
ATTEST: y..y�%�1 BOARD OF COUNTY COMMISSIONERS
E L6 THE COUNTY OF WELD
Deputy C e k to the Bo tqb William x. Jerke, , Chairman Pro}em
.�...� ® °�~' MAR 17 2004
Page 3 of 3 Pages
•
EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
(2) Accu-Vote Device 73250, 83391
(2) Accu-Vote carrying case NA
(2) Accu-Vote power cords NA
(2) Accu-Vote—ENDER CARDS NA
TOWN OF WINDSOR
RESOLUTION NO. 20043- 14
BEING A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE TERMS
AND CONDITIONS OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF WINDSOR, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, COLORADO.
IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. That the Town of Windsor and the Board of County Commissioners of the County
of Weld, on behalf of the Election Department of the Weld County Clerk and Recorder, have
negotiated an Intergovernmental Agreement for Use of Election Equipment.
2. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of said Intergovernmental Agreement for Use of Election Equipment dated
February 11, 2004, a copy of which is attached hereto and made a part hereof.
3. That the Town of Windsor hereby authorizes the Mayor of the Town to execute said
Intergovernmental Agreement on behalf of the Town.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this
23rd day of February, 2004.
TOWN OF WINDSOR, COLORADO
By /VG4 - -16
7k
Mayor
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�� Town Clerk ��,. . .t9
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s; SEAL
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