HomeMy WebLinkAbout20040840.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF INTERGOVERNMENTAL AGREEMENT FOR
USE OF ELECTION EQUIPMENT AND AUTHORIZE CHAIR TO SIGN
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 the form of an Intergovernmental
Agreement for Use of Election Equipment ("Equipment IGA"), which enables municipalities in
Weld County to use in municipal elections certain election equipment owned by Weld County,
and
WHEREAS, after review, the Board deems it advisable to approve the form of the
Equipment IGA, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to the Chairman of the Board of County Commissioners to execute
individual Equipment IGA's with municipalities on behalf of the County of Weld.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the form of the Equipment IGA between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and various
municipalities be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any Equipment IGA's consistent with the form of said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
gau ��ATTEST: IL
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Robert D. Masden, Chair
Weld County Clerk to t `B.:l,. wfr =�
'" '° , William H/lerke, Pro-Tem
BY: ���
Deputy Clerk to the B . UN \ //7 /.4d..„
M. 1�eile
AP OV AS TO FO
David E. Long
�minty ne EXCUSED
Glenn Vaad
Date of signature: j�o
2004-0840
CR0021
C� C 'f R 05 3/_07
INTERGOVERNMENTAL AGREEMENT FOR USE OF ELECTION EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this _ day of
, 200 , by and between the Town or City of
("Municipality"),whose address is ,and the
Board of County Commissioners of the County of Weld("County"),whose address is 915 10th 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),ofthe 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 ofthe above equipment shall be limited to the municipal
election to be held on
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.
6. A fee of$100.00 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 Pages
2004-0840
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 ofthe 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
memory cards, ballots, or 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 maybe amended only by written agreement signed by both ofthe parties
hereto.
13. It is expressly understood and agreed that the enforcement ofthe 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 ofthe 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
Page 2 of 3 Pages
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 ofthis Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess,nor shall anyportion 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.
ATTEST: MUNICIPALITY
By: By:
, Town or City Clerk , Mayor
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By:
Deputy Clerk to the Board , Chairman
v a nxnxxiw.mcf.,m I.iIi€.xe,,.]
Page 3 of 3 Pages
EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
Accu-Vote Device
Accu-Vote carrying case
Accu-Vote power cords
Accu-Vote—ENDER CARDS
Voting Booth
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