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Home My WebLink AboutVoter Equipment IGA For Recording Purposes Only REVIEWED ______________ LEGAL COUNSEL INTERGOVERNMENTAL AGREEMENT LOANING VOTER TABULATION EQUIPMENT and SOFTWARE This Agreement is made and entered into by and between all the undersigned counties, each being a political subdivision of the State of Oregon. RECITALS 1. Oregon counties are authorized pursuant to ORS 190.003 through 190.110 to enter into intergovernmental agreements for the performance of any or all functions which a party to the agreement has the authority to perform. 2. The undersigned counties find it beneficial to enter into this agreement in order for the counties to provide aid to each other in the event a county cannot complete election ballot tabulation at that county’s facilities. 3. Coos, Crook, Deschutes, Douglas, Jefferson, Klamath counties all use Election Systems and Software's 650 ballot tabulators. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is mutually agreed as follows: 1. RECITALS. The Recitals are incorporated by reference herein. 2. EFFECTIVE DATE. This Intergovernmental Agreement (“Agreement”) shall be effective upon signature of all the undersigned counties. 3. TERMINATION. 3.1 This Agreement may be terminated by any party upon 30 days written notice to the other parties. 3.2 Termination under this section shall not affect any obligations or liabilities accrued prior to the effective date of termination. 3.3 If one or more party terminates this Agreement, the Agreement shall remain in full force and effect for all other parties. 4. DEFINITIONS. The following definitions apply to this Agreement. 4.1. “Equipment” means the Election Systems and Software's 650 ballot tabulator equipment. Page 1 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 4.2. “Lending County” means the county that continues to have functioning Equipment and is lending the use of that County’s Equipment to a Visiting County. 4.3. “County” means any of the counties listed in Recitals Paragraph 3. 4.4. “Software” means Election Systems and Software's 650 ballot tabulator software associated with the Equipment. 4.5. “Visiting County” means the county that must borrow (the use of) Equipment because that County’s Equipment no longer functions or the County’s Clerk does not have access to that County’s Equipment. 5. VISITING COUNTY. 5.1. A Visiting County may notify any other County Clerk and request use of the other County’s Equipment and/or Software. 5.2. When requesting use of another County’s Equipment and/or Software, the Visiting County shall provide the potential Lending County with information regarding the amount and type of office space/room needed by the Visiting County for Visiting County’s staff and storage space for ballots and supplies. 5.3. The Visiting County shall be responsible for the transport and security of Visiting County’s ballots, supplies and staff to and from Lending County. 5.4. The Visiting County Clerk shall provide the Lending County the appropriate programming disks and test deck for the Visiting County to conduct the logic and accuracy tests before tallying the ballots begins. 5.5. Upon arrival at the Lending County’s facilities, the Visiting County shall provide the Lending County with Visiting County’s programming disks, test decks, ”zip” disks, canned air and any other supplies necessary to conduct the logic and accuracy tests before tallying the ballots begins and to complete the Visiting County’s ballot tabulation. 5.6. Visiting County agrees that tabulation of Lending County’s ballots shall have priority over tabulation of Visiting County’s ballots. 6. LENDING COUNTY. 6.1. Upon notification by a Visiting County and upon Lending County’s determination that Equipment and/or Software is available, Lending County shall make Equipment and/or Software available, to Visiting County. 6.2. Lending County shall provide Visiting County with appropriate office space/room needed by the Visiting County for Visiting County’s staff and storage space for ballots and supplies that can be secured by Visiting County. 6.3. Lending County shall allow Visiting County to remain onsite at Lending County’s location until Visiting County’s ballot tabulation is complete. 6.4. Where possible, Lending County may provide for simultaneous ballot tabulation with Visiting County. Page 2 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 6.5. Lending County shall allow Visiting County access to local media in the same manner as provided to Lending County. 7. CONSIDERATION. 7.1. Any Lending County expenses (i.e. copies, supplies, phone charges, etc.) associated with the tabulation of Visiting County’s ballots shall be the Visiting County’s responsibility. 7.2. Visiting County shall pay Lending County for the expenses described in Paragraph 7.1 within 30 days of the date of Lending County’s invoice to Visiting County. 7.3 Within 20 days of the completion of the Lending County’s election abstract, Lending County shall send cost bill or invoice to Visiting County for any costs associated with lending Visiting County use of Lending County’s office space/room and use of Lending County’s Equipment and Software. 8. ASSIGNMENT. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by any party. 9. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. 10. AGENCY AND PARTNERSHIP. No party is, by virtue of this Agreement, a partner or joint venturing with the other party and no party shall have any obligation with respect to the other party’s debts or liabilities of whatever kind or nature. 11. INDEMNIFICATION. 11.1 To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, Visiting County shall defend, save, hold harmless and indemnify the Lending County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to activities of the Visiting County or its officers, employees, contractors, or agents under this agreement and resulting from the tabulation of the Visiting County’s ballots. 11.2 To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the Lending County shall defend, save, hold harmless and indemnify the Visiting County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Lending County or its officers, employees, contractors, or agents under this Agreement. 11.3 No party shall be liable to the other for any incidental or consequential damages arising out of or related to this Agreement. 11.4 No party shall be liable for any damages of any sort arising solely from the termination of this Agreement or any part hereof in accordance with its terms. Page 3 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 12. NON-DISCRIMINATION. 12.1 All parties agree that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this agreement when employed by either party. 12.2 All parties agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101- 336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 13. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for its own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 14. NO WAIVER OF CLAIMS. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 15. SEVERABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 16. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. 16. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 17. ENTIRE AGREEMENT. 17.1 This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this Agreement which are not fully expressed herein. 17.2 This Agreement may not be modified or amended except by a writing signed by both parties. SIGNATURES ON FOLLOWING PAGES Page 4 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 COOS COUNTY: Dated this _______ of ___________, 2008 BOARD OF COUNTY COMMISSIONERS OF COOS COUNTY, OREGON ______________________________________ John Griffith, Chair ______________________________________ Nikki Whitty, Commissioner ATTEST: ______________________________________ ______________________________________ Coos County Clerk Kevin Stufflebean, Commissioner CROOK COUNTY: Approved by and through Crook County Elected Officials: _______________________________ Scott R. Cooper, County Judge _______________________________ Mike McCabe, County Commissioner _______________________________ Lynn Lundquist, County Commissioner Approved as to legal sufficiency: _______________________________ Dave Gordon, County Counsel Page 5 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 DESCHUTES COUNTY: Dated this _______ of ___________, 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ DENNIS R. LUKE, Chair ______________________________________ TAMMY (BANEY) MELTON, Vice Chair ATTEST: ______________________________________ ______________________________________ Recording Secretary MICHAEL M. DALY, Commissioner DOUGLAS COUNTY: BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY By_________________________________ Chair By_________________________________ Commissioner By_________________________________ Commissioner Date _______________________________ Page 6 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121 JEFFERSON COUNTY: JEFFERSON COUNTY BOARD OF COMMISSIONERS ____________________________________ Mike Ahern, Commission Chair ____________________________________ John Hatfield, Commissioner ____________________________________ Bill Bellamy, Commissioner KLAMATH COUNTY: KLAMATH COUNTY BOARD OF COMMISSIONERS ____________________________________ _______________ Chairman Date ____________________________________ _______________ C o m m i s s i o n e r D a t e ____________________________________ _______________ C o m m i s s i o n e r D a t e Approved as to form: ____________________________________ _______________ County Counsel Date Page 7 of 7 - INTERGOVERNMENTAL AGREEMENT - LOANING VOTER TABULATION EQUIPMENT and SOFTWARE – Deschutes County No. 2008-121