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INTERGOVERNMENTALAGffEEMENT FOR USE OF ELECTION EQUIPMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of this 9th day of
March, 2004, by and between the Town of Milliken ("Milliken"), whose address is 1101
Broad Street, Milliken, CO 80543 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), 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 Milliken for its municipal election.
NOW, THEREFORE, the parties hereby agree as follows:
1. County agrees to loan to Milliken 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. Milliken 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 Milliken fifteen (15) days prior to the election.
4. Milliken 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. Milliken 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 Milliken. Milliken agrees to pay such charge within
thirty(30) days after the date of the election.
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7. Milliken agrees to be responsible for the election equipment for the period
of time such equipment is in Milliken's possession and shall bear the risk of loss in
case the election equipment is lost, stolen, or damaged while in the possession of
Milliken. It is agreed that the replacement cost of each Accu-Vote unit is
$6,500.00.
8. Milliken 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, Milliken shall execute an
acknowledgment that the equipment has been received and is in good
condition and repair. Upon the return of the equipment by Milliken, the Election
Department shall inspect the election equipment and note the condition of such
equipment on a form to be provided to Milliken.
10. Milliken 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. Milliken 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 teens
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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, Milliken and County have executed this agreement as of the
date first above written.
ATTEST: THE TOWN OF MILLIKEN
By\a` � \1 By:
Nanette Fornof, Town rk Linda easner, Mayor
ATTEST: t2 41 �t La BOARD OF COUNTY COMMISSIONERS
h 77vtt�sl/ OF THE COUNTY OF WELD
t 432
By: Ur-
Deputy Clerk to th- , ' > Rob Masden, Chairman
MAR 2 9 2004
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EXHIBIT "A"
QUANTITY ITEM DESCRIPTION SERIAL
NUMBER(S)
1 Accu-Vote Device 73328
1 Accu-Vote carrying case NA
1 Accu-Vote power cords NA
1 Accu-Vote—ENDER CARDS NA
1 Voting Booth NA
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