2006-041
S;;QurDo<:tune>ltS\Ordioanc<:s\06\DenIO:O CoonlyVOIing EquipOfll_doc
ORDINANCE NO. cJ. to6 - o;j (
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE COUNTY OF
DENTON, TEXAS FOR RENTAL OF VOTING MACHINES AND EQUIPMENT, AND THE
PURCHASE OF SUPPLIES FOR THE MAY 13, 2006 ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, herein referred to as City, and the County of
Denton, Texas, herein referred to as County, are both local governments with the authority and
power to contract; and
WHEREAS, the County is agreeable to renting the election equipment and selling
election supplies to the City for the May 13,2006 Election; and
WHEREAS, the County of Denton and the City of Denton mutually desire to be subject
to the provisions of the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section
791.002 and contract pursuant thereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor Pro Tern, is hereby authorized to
execute an agreement between the City of Denton and the County of Denton providing for the
rental of election equipment and purchase of supplies, a copy of such agreement being attached
hereto and incorporated by reference herein.
SECTION 2. The City Manager or his designee is hereby authorized to make the
expenditures and take the actions set forth in the attached agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
'ItA- dayof ~
c~~cL
EULINE BROCK, MAYOR
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
4L
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S,iOur Docwn."ulC;mtracIS\06'Denum County Voting EquIpmCllt Cmtracldl>C
STATE OF TEXAS I)
I)
COUNTY OF DENTON I)
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE COUNTY OF DENTON, TEXAS
FOR THE RENTAL OF VOTING MACHINES AND EQUIPMENT AND
THE PURCHASE OF VOTING SUPPLIES
WHEREAS, the City of Denton, Texas, herein referred to as "Renter," and the County of
Denton, Texas, herein referred to as "County," are both local governments with the authority and
power to contract; and
WHEREAS, the County is agreeable to renting the election equipment and supplies set
forth below to the Renter; and
WHEREAS, the County and the Renter mutually desire to be subject to the provisions of
the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and to contract
pursuant thereto; and
WHEREAS, both parties have the authority to perform the governmental functions set
forth herein; and
WHEREAS, the Renter will make all payments for the services provided by the County
from current revenues available to it, and the County agrees that the compensation provided it
herein is an amount that fairly compensates it for the services performed under this Agreement;
NOW, THEREFORE, the County and the Renter for the mutual consideration expressed
below agree as follows:
SECTION I. Countv Obligations. Denton County, Texas, a corporate body politic,
hereinafter designated as "the County," represented in this agreement by the Elections
Administrator, hereby agrees to rent the following voting machines to the hereinafter-identified
organization on the terms stated below.
SECTION 2. Citv Obligations. The City of Denton, Texas, hereinafter designated as
"Renter," has requested the rental of five Hart eSlate DAU DRE voting machines and five Hart
eScan optical scan voting machines at $300.00 per machine, various election equipment and
supplies, and election progranuning per the terms stated below or Attachment A which is
attached and made a part of this Agreement.
SECTION 3. Ballot. A copy of the ballot shall be forwarded to Don Alexander,
Elections Administrator, Denton County, 401 West Hickory Street, Denton, Texas.
SECTION 4. Rental Period. The rental period of voting machines shall commence on
the 27th day of April, 2006 and shall not extend to a date which will interfere with subsequent
elections for which the County is responsible for providing the voting machines for public uses,
and to this end will, in compliance with the Election Code, Article 7.14, Section 20, obtain a
Court Order, at the Renter's expense, permitting the affected voting machine to be cleared and
available to the County, no later than the tenth day after the first election for which the voting
machines were rented.
SECTION 5. Condition of Machines. County will provide Renter only voting machines
that it believes to be in safe operating condition with the City's right to inspect the machines.
Failure of the City to object to the condition of the machines within forty-eight hours after
receipt of same shall establish that the machines are in good working order.
SECTION 6. Return of Machines. Renter agrees to return the voting machines in the
same condition as when received, normal and considerate usages wear excepted. Renter agrees to
reimburse the County for the costs to repair damages to the said machines during such time as
the County does not have control or custody of said machines.
SECTION 7. Deliverv. The said machines will be delivered by the County to Renter at
215 East McKinney, Denton, Texas, or other voting locations as designated by the Renter and
picked up by the County at said place or places for a delivery fee of$89.00 each.
SECTION 8. Liabilitv. The Renter agrees to and accepts full responsibility for the acts,
negligence, or omissions of all of the Renter's employees, and agents, in performance of this
Agreement with the County to the extent allowed by law. The County agrees to and accepts full
. responsibility for the acts, negligence, or omissions of all of the County's employees, and agents,
in performances of this Agreement with the Renter to the extent allowed by law. It is further
agreed that if a claim or liability shall arise. from the joint or concurring negligence of both
parties hereto, it shall be borne by them comparatively in accordance with the laws of the State
of Texas. This paragraph shall not be construed as a waiver by either party of any defenses
available to it under the laws of the State of Texas. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties, but that this Agreement shall
be for the benefit of the parties hereto.
SECTION 9. Governmental Function. The fact that the County and the Renter accept
certain responsibilities under this Agreement as a part of their responsibility for providing for
orderly election in the County and Renter makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the
Renter nor the County waives or shall be deemed hereby to waive, any immwrity or defense that
would otherwise be available to it against claims arising from the exercise of governmental
functions.
SECTION 10. Severabilitv Clause. If any section, article, paragraph, sentence, clause,
phrase, or word in this Agreement, or application thereto, any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Agreement, and the County and Renter hereby declare
they would have passed such remaining portions of the Agreement despite such invalidity, which
remaining portions shall remain in full force and effect.
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SECTION 11. Miscellaneous Provisions.
A. This Agreement represents the entire and integrated Agreement between the Renter and
the County and supersedes all prior' negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both the Renter and County.
B. The Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
C. The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the
parties hereto, and each party hereby certifies to the other that any necessary ordinances,
resolutions, or orders extending said authority have been duly passed and are now in full
force and effect.
EXECUTED in duplicate originals this. the 7fh. day of ~~ ,2006.
County of Denton, Texas
Renter, City of Denton, Texas
C~~Z
~ O-wf~
Don Alexander
Denton County Elections
Administrator
Euline Brock
Mayor
Attest:
Jennifer Walters, City Secretary
Appr ed as to Legal Form:
Edwin M. Snyder, City Att
By:
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