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Res 066-2006 5/2/2006 l RESOLUTION NO. ��VO� RESOLUTION AMENDING THE INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR USE OF IVOTRONIC VOTING SYSTEM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Wichita County desires that transportation of the voting equipment be addressed in the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Resolution No. 60-2006 be amended to include the following paragraph in the agreement. "8. Election Equipment. All equipment necessary for any City election may be delivered to the polling locations and returned to the County by the County at a charge not to exceed ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per location by the City, if in a manner approved in advance by the County. A copy of this agreement as modified is attached hereto as Exhibit A. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 2" day of May, 2006. MAYOR ATTEST: , . City Clerk � � Interlocal Cooperation Agreement Befinreen The City of Wichita Falls, and Wichita County, Texas For the Use of the ES&S iVotronic Voting System THE STATE OF TEXAS § COUNTY OF WICHITA § This Agreement, made and entered into this day of , 2006 by and between the County of Wichita, Texas ("County"), a county governmental entity located in Wichita County, Texas, acting by and through its duly authorized County Judge, and the City of Wichita Falls, Texas ("City"), a municipal corporation located in Wichita County, Texas acting by and through its duly authorized City Manager, Witnesseth: Whereas, the City and County desire to enter into an agreement for the City's use of the iVotronic Voting System owned by Wichita County and; Whereas, such Agreement is authorized under Chapter 791, Government Code (Interlocal Cooperation Act). Now therefore, for and in consideration of the mutual covenants hereinafter set forth, the City and County agree as follows: 1. Services to be Performed. The City will lease up to one hundred (100) iVotronics from the County at a cost of Five Dollars ($5.00) per machine, per election. 2. Manner of Performance. The County will prepare the iVotronics for use by the City at a reasonabie cost not to exceed Fifteen Dollars ($15.00) per iVotronic. 3. Appointment of Tabulation Supervisor and Manaqer. In accordance with the Texas Election Code, City Council of the City of Wichita Falls shall appoint a Tabulation Supervisor and a Manager of the Central Counting Station for their election. 4. Appointment of Election Workers. The Presiding Judge of the Central Counting Station and the City Clerk shall appoint the election workers needed at the Central Counting Station to assist in the processing of the election results. 5. Pavment for Election Worker Services. All election workers provided herein shall be registered voters and residents of the City and shall be paid directly for their services by the City of Wichita Falls in accordance with the scale adopted by the City Council and in effect at the time of the election. The Tabulation Supervisor and Assistant will be paid at their regular rate at the time of the Election to include overtime and payroll costs, to be divided equally among all entities conducting an election at that time. 6. Appointment of Presidinq Judae. The City Council shall appoint a presiding judge for the Central Counting Station who shall be paid by the City in accordance with the pay scale in effect at the time of the election. 7. Election Materials. All material necessary for the conduct of the election shall be ordered and paid for by the City out of its current revenues. It shall be the responsibility of the City to receive and see that such materials are on hand and are appropriately distributed in time for use in the election. Such materials shall remain the property of the City, and the City assumes all responsibility for proper disposition of said materials following the conclusion of the election. This includes, but is not limited to, zip disk(s), CDR's, and other necessary materials necessary for the City to conduct their elections. Coding costs, and other processes needed to conduct the City's election, will be paid for by the City. As appropriate supplies and services required from ES&S will pass through the County Clerk and be charged back to the City. A five percent (5%) surcharge will be added to all pass through billing. 1 . � 8. Election Equipment. All equipment necessary for any City election may be delivered to the polling locations and returned to the County by the County at a charge not to exceed ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per location by the City, if in a manner approved in advance by the County. 9. Renewal of Aqreement. This agreement shall he renewed automatically each year unless either party notifies the other in writing no later than January 1 of each year. 10. Entire Aqreement. This Agreement, including any exhibits and or any amendments hereto, contains the entire Agreement between the parties, and prior proposals, discussions and writings by and between the parties and related to the subject matter hereof are superseded hereby. This Agreement may be modified or amended only pursuant to written instrument executed by both parties hereto. 11. Invaliditv. If any provision of this Agreement or any portion thereof is declared invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect. 12. Force Maieure. Notwithstanding any provision of this Agreement to the contrary, neither City nor County shall have any liability to the other for a failure of performance resulting from any cause beyond its control. 13. Governina Law. The laws of the State of Texas shall govern this contract, and all obligations hereunder of the parties are performable in Wichita County. 14. Damaqes. In the event that any of the equipment belonging to the County is damaged in any manner, City agrees to pay all costs of replacement of said machine(s) and/or equipment. The decision to repair or replace said machine(s) and/or equipment shall he determined by the manufacturer. 15. Liability. City agrees to protect and hold harmless the County from any and all personal injury or property damage claims resulting from the City's use of the County's election machines and equipment. This agreement as to liability by the City shall begin when the City takes possession of the voting machines/equipment, and will end when the County, in writing, accepts the return of the voting machines/equipment." This Agreement entered into by the City and County this day of , 2006. City of Wichita Falls, Texas Wichita County, Texas By: BY� Darron Leiker, City Manager Woodrow Gossom, County Judge Attest: Attest: Lydia Ozuna, City Clerk Lori Bohannon, County Clerk { 8. Election Equipment. All equipment necessary for any City election may be delivered to the polling locations and returned to the County by the County at a charge not to exceed ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per location by the City, if in a manner approved in advance by the County. 9. Renewal of Agreement.This agreement shall he renewed automatically each year unless either party notifies the other in writing no later than January 1 of each year. 10. Entire Agreement. This Agreement, including any exhibits and or any amendments hereto, contains the entire Agreement between the parties, and prior proposals, discussions and writings by and between the parties and related to the subject matter hereof are superseded hereby. This Agreement may be modified or amended only pursuant to written instrument executed by both parties hereto. 11. Invalidity. If any provision of this Agreement or any portion thereof is declared invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect. 12. Force Maieure. Notwithstanding any provision of this Agreement to the contrary, neither City nor County shall have any liability to the other for a failure of performance resulting from any cause beyond its control. 13. Governing Law. The laws of the State of Texas shall govern this contract, and all obligations hereunder of the parties are performable in Wichita County. 14. Damages. In the event that any of the equipment belonging to the County is damaged in any manner, City agrees to pay all costs of replacement of said machine(s) and/or equipment. The decision to repair or replace said machine(s) and/or equipment shall he determined by the manufacturer. 15. Liability. City agrees to protect and hold harmless the County from any and all personal injury or property damage claims resulting from the City's use of the County's election machines and equipment. This agreement as to liability by the City shall begin when the City takes possession of the voting machines/equipment, and will end when the County, in writing, accepts the return of the voting machines/equipment." This Agreement entered into by the City and County thisay of , 2006. City of Wichita Falls, Texas Wichita County, Texas By: n C7,,,, By: t)) Darren-L-e1ker,City '/������Man ger Woodrow Gossom, County Judge Attest: Attest: o l (.7-1 Lydii3 (tuna, City Clerk Lori Bohannon, County Clerk