HomeMy WebLinkAbout750577.tiff RESOLUTION
WHEREAS, pursuant to law, the Board of County Commissioners,
Weld County, Colorado, is vested with the responsibility of
administering the affairs of Weld County, Colorado, and
WHEREAS, Weld County, Colorado, is the owner of 187
automatic voting machines which are being replaced by a newer
and more versatile type of voting machines; and
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has determined that it is in the best interests of
Weld County to advertise for sale and to complete the sale of
the aforementioned old voting machines pursuant to law; and
WHEREAS, the Board, upon motion duly made and seconded,
accepted the bid of AVM Corporation who is desirous of
purchasing the old voting machines; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that the proposed
agreement, copy attached hereto and made a part hereof by
reference, between AVM Corporation and Weld County, Colorado,
be and the same is hereby approved and accepted for signature
by the Board.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the
28th day of MaY , A.D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:, --77 '---7,-7 /"°.°
County Clerk and Recorder
and Clerk to the oard
B
eputy Cot} y Cler
APPROVED AS TO FORM:
l County A torney
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750577
AGREEMENT
THIS AGREEMENT, made this 28th day of May , 1975,
between AVM CORPORATION (AVM Election System Division), a Delaware
Corporation, with its principal office at 15 West Second Street, Jamestown,
New York 14701 (hereinafter called "AVM" and WELD COUNTY, COLORADO
(hereinafter called "Weld").
WITNESSETH:
WHEREAS, Weld desires to sell and AVM desires to buy one hundred
eighty-seven (187) voting machines on the terms and conditions set forth
below:
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein, the parties agree as follows:
1. Weld hereby agrees to sell and AVM hereby agrees to buy one
hundred eighty-seven (187) (see attached listing of serial numbers), com-
plete with all keys, and auxiliary equipment (hereinafter called "machine").
2. AVM agrees to pay Weld for the machines the sum of Four Hundred
Twenty-Five Dollars ($425. 00) each, for a total of Seventy Nine Thousand
Four Hundred Seventy-Five Dollars ($79, 475. 00) by check drawn to the
order of Weld. The purchase price set forth above was bid pursuant to
advertisement for bids, and is inclusive of all taxes however designated,
levied or based on such price, the agreement or the machines, including
but not limited to state and local excise, privilege, personal property, sales,
use or similar taxes.
Payment for the machines shall be made as follows:
A) Weld will use said machines in a city election to be held
May 20, 1975. A payment of Seven Thousand Nine Hundred
Forty-Seven and 50/100 Dollars ($7, 947. 50) (representing
10% of the total purchase price) will be due and payable by
AVM to Weld within thirty (30) days after that date. $7, 947. 50
B) The remaining balance of Three Hundred Eighty-Two and
50/100 Dollars ($382, 50) per machine shall be paid by AVM
to Weld as the machines are removed by AVM from their
present storage facility, with all machines to be removed
and remaining balance to be paid on or before December
31, 1975. $71, 527. 50
TOTAL PAYMENT $79, 475. 00
3, Weld hereby warrants to AVM that title conveyed to the machines
is good and their transfer rightful, and that the machines are free from
any security interest, lien, encumbrance, or claim. Weld further warrants
that the machines are merchantable of fair average quality.
4. AVM shall have the right to inspect the machines now located at
Weld storage facilities at reasonable times, at its own expense, and in
any reasonable manner it selects before accepting and making payment for
the machines. Inspection shall take place no later than thirty (30) days
from the date of this Agreement or be deemed waived. Inspection or waiver
of inspection shall constitute acceptance of the machines,
5. AVM shall be permitted to warehouse said machines at NO CHARGE
at their present location in Weld for a period of time not to exceed December
31, 1975.
6. Weld agrees to execute and deliver in form satisfactory to AVM
any bills of sale or other documents required by any statute of law neces-
sary to convey good title to the machines to AVM.
7. The signatories to this agreement representing Weld hereby
warrant that authority has been duly and properly conferred upon them to
sign this Agreement on behalf of Weld.
8. This Agreement constitutes the entire agreement between AVM and
Weld and supersedes all prior agreements and understandings. This Agree-
ment may not be modified, amended, altered or changed unless in writing
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and signed by AVM and Weld.
9. This Agreement shall be governed by and contrued according
to the laws of the State of Colorado.
IN WITNESS WHEREOF, this Agreement has been duly executed
the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST �� /jam
Weld County Clerk and Recorder
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and Clerk to the Board
QDoun4
Clerk 7")
APPROVED AS TO FORM,"_„____
County Attorney [./
A VM CORPORATION
( AVM ELECTION SYSTEM DIVISION)
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By ` (r. ✓ _ ._4,.YOtis--+i:"
Leo W. Pietrack
Vice President, Finance;
Treasurer & Secretary
ATTEST:
.—ardarople
Assistant Secretary
(SEAL)
-3-
WELD COUNTY, STATE OF COLORADO
AUTOMATIC VOTING MACHINE SERIAL NUMBERS
(130) 119, 001 - 119. 130 inclusive
( 16) 124, 696 - 124, 711 inclusive
( 2) 142, 188 & 142, 189
( 5) 146, 812 - 146, 816 inclusive
( 2) 151, 278 & 151, 279
( 30) 152, 614 - 152, 643 inclusive
( 2) 157, 675 & 157, 676
187 TOTAL
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