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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 Page 1 S:\OUf Docume,",\O,din.ncdJJ6'DCllloJl CIlUllly VOlinII' Equip Ord.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 4L Page 2 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. Page 2 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: Page 3