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HomeMy WebLinkAboutRES 11-088 RESOLUTION NO. 11-088 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal agreement with Jefferson County for the rental of certain election equipment and supplies for the May 14, 2011 General Election. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. If - yor Becky Ames - i 1 / �1 STATE OF TEXAS § INTERLOCAL AGREEMENT § COUNTY OF JEFFERSON § (1- ease of Election Equipment) WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as authorized by Chapter 791 of the Local Government Code and the City of Beaumont, Texas, for the benefit of the citizens they serve, desire to enter into a lease agreement whereby the City of Beaumont will lease from the Jefferson County certain equipment and related supplies necessary or desired to conduct at election, and; WHEREAS, Jefferson County, Texas, has certain election equipment and supplies that can be made available for the municipal election to be held on or about May 14, 2011, and; WHEREAS, the City of Beaumont, Texas, desires to lease for an appropriate period certain quantities of election equipment and supplies to conduct its election; Now,therefore, know all men by these presents: 1. The City of Beaumont, Texas hereby agrees to lease and Jefferson County agrees to provide by lease the equipment and supplies listed in the attached Exhibit "A" incorporated herein for all purposes at the following rates: A. E-Poll book(complete set-up) $125.00 per unit B. Labels for Printer(260 per roll) $ 5.00 per roll C. Supply Bag $ 15.00 per unit D. Locks&Keys $ 2.00 each 2. The leased equipment shall be picked up by the City of Beaumont at a date and time to be mutually agreed by the parties at the Central Counting Station, 7963 Viterbo Road, Beaumont, Texas and shall be returned to the same location not later than 5:00 p.m. on May 28, 2011, subject to the provisions of paragraph 4 hereof. 3. The City of Beaumont, Texas upon taking possession of the equipment leased shall be responsible for the return of the equipment at the conclusion of the term of the lease in the same condition as received, reasonable wear and tear excepted. Items found to be damaged from whatever cause while in the possession of the City of Beaumont or not returned in the same condition as when received, reasonable wear and tear excepted, Cd required ire to be replaced of repaired by Jefferson County shall be subject to invoice tot y replacement. The parties agree that cost of replacement is as follows: A. E-Poll Book $ 2675.00 B. Bar Code Scanner&Holder $ 289.00 C. Key Board $ 25.00 D. Printer $ 115.00 E. Supply Bag(Large) $ 110.00 1 F. Supply Bag(Small) $ 90.00 4. In the event that a run-off election is required by the City of Beaumont then this lease shall be extended to cover the time reasonably required for such run-off and the Quantities required any run-off shall be leased on the same terms and conditions as the primary term of this agreement. Quantities desired for any run-off shall be specified in writing delivered by the City of Beaumont to the Jefferson County, Texas and are subject to availability. 5. Payment for the equipment herein leased is due not later than 30 days from the required return date for the equipment or June 2e whichever is later. Equipment not returned by the due date shall bear an additional lease charge of$5.00 per day per item the total not to exceed the replacement cost of the item. 6. City of Beaumont understands and agrees that Jefferson County is not responsible for is the programming the equipment for the election cti JeffersonsCountyadoesuno twarrantmthenu itabil it sole or responsibility of the City of Beaumont. fitness of the equipment leased for the intended purposes of the City of Beaumont except that the equipment is fit and suitable for the purpose of conducting an election if the equipment is properly programmed for that purpose. 7. The parties agree to use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code in an effort to resolve any dispute that may arise under this agreement. Provided however, that notice of any such dispute must be given to the other parry on or before 180 days from the termination of this agreement and not thereafter. 8. This agreement confers no rights on any person or entity who is not a party to this agreement and is not intended to be a waiver of any right of governmental or official immunity enjoyed by either of the parties, their agents, servants, officials or employees. 9. This writing constitutes the entire agree executed written agreement.ties concerning the subject matter hereof and may be amended only by duly 10. Any notice necessary or required by this agreement shall be effective if delivered by hand or by United States Mail, Certified Mail Return Receipt Requested and addressed as follows: To the City of Beaumont, Texas: Tina Broussard City Clerk 801 Main Beaumont, Texas 77701 To the County of Jefferson, Texas: Carolyn L. Guidry County Clerk P. O. Box 1151 Beaumont, Texas 77704 2 In Witness Whereof, each of the parties have caused this agreement to be executed on the day of , 2011. JEFFERSON COUNTY, TEXAS CITY OF BEAUMONT, TEXAS By: By' Jeff Branick Kyle Hayes County Judge City Manager Attest: Attest: 3