Res 060-2006 4/18/2006 .
RESOLUTION NO. �g��Cxv
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
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, in order to comply with a State law mandate, Wichita County has
purchased an iVotronic voting system; and
WHEREAS, it is the desire of the City to use the County's equipment for
municipal elections.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute an agreement
with Wichita County for the City to use at municipal elections the iVotronic Voting
System (Direct Recording Equipment) owned by Wichita County. A copy of this
agreement is attached hereto as Exhibit A, setting out the terms and conditions.
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 18 day of April, 2006.
MAYO
ATTEST:
City Cler
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INTERLOCAL COOPERATION AGREEMENT BETWEEN
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 reasonable 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.
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5. Pavment for Election Worker Services. All election workers provided herein
shall be registered voters and residents of the City and shalt 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 Judqe. 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.
8. 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.
9. 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.
10. 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.
11. 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.
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12. Governinq Law. The laws of the State of Texas shall govern this contract, and
all obligations hereunder of the parties are perFormable in Wichita County.
13. 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.
14. Liabili . 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 A�REEnnENr entered into by the City and County as of the day and year first
above written.
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