CONTRACT FOR LEASE OF ELECTION EQUIPMENT
KERR COUNTY
CONTRACTING PARTY: City Clerk, City of Kerrville
ELECTION DATE May 12 , 2 0 0 7TYPE OF ELECTION:
General
This contract for lease of election equipment made by and between KERR COUNTY and
City of Kerrville ,hereinafter called the CONTRACTING PARTY, is based
on the following terms and conditions to-wit:
Puruose: KERR COUNTY and the CONTRACTING PARTY have determined that it is in
the public interest of the citizens of the county that the following contract be made and entered
into for the purpose of having KERR COUNTY furnish to the CONTRACTING PARTY
certain election equipment necessary for the CONTRACTING PARTY to conduct the
General Election (type of election) on May 12, 2007 (date of election)
Terms: The term of this CONTRACT FOR LEASE OF ELECTION EQUIPMENT begins
on the date signed and terminates 10 days after the election date described above.
Rental: The CONTRACTING PARTY shall be charged as indicated below:
The CONTRACTING PARTY shall pay KERR COUNTY a $50.00 per election
administration fee in addition to the election equipment lease expense described below.
ELECTION EQUIPMENT TO BE LEASED FROM KERR COUNTY:
	Early Voting and Election
Da	
	# of
Units	Lease
Cost	Per
Election	Total
eSlates		$37.50	2	75 0
JBC		$37.50	2	75.00
eScans		$67.50	2	135.00
Tall Com uter		$57.75	1	57.75
Pre Defining Lap
To		$52.50	
1	
52.SO
			TOTAL	395.25
Specific equipment to be leased shall be identified at the time of delivery by make, model and
serial number of each unit. Said acknowledgment shall be considered a part of this Contract for
the purpose of identifying the specific equipment leased. Only the actual expenses directly
attributed to the Contract may be charged pursuant to Section 123.033 of the Texas Election
Code. KERR COUNTY must submit the statement of actual costs to CONTRACTING
PARTY no later than ten days after the General Election (type of election) on
May 12 , 2 0 0 7 (date of election). The CONTRACTING PARTY agrees to pay costs
of the equipment within fifteen days of receipt of the statement.
PROGRAMMING: The CONTRACTING PARTY is solely responsible for programming the
election machines. All costs, direct and indirect, including, but not limited to, software
programming and labor expense shall be paid directly by the CONTRACTING PARTY.
Use: The CONTRACTING PARTY shall use the Direct Record Electronic Voting System
Equipment and supplies indicated above in a careful and proper manner. The CONTRACTING
PARTY shall take delivery of the equipment from the County Clerk of Ken County, Texas, and
deliver to its polling locations and return the same to the County Clerk of Kerr County, Texas, no
later than the day following the election as indicated. The CONTRACTING PARTY shall
comply with the Manufacturer's manual as to the use and operation of said election equipment
and any laws, ordinances and regulations relating to the possession, use and maintenance of the
election equipment and limit its use only for the purpose of holding the election described above.
Condition of Equipment upon Delivery to CONTRACTING PARTY: THE
CONTRACTING PARTY shall inspect the property within 24 hours of receipt of the election
equipment. The CONTRACTING PARTY agrees that unless the CONTRACTING PARTY,
within this period of time, gives written notice to KERR COUNTY specifying any defects in or
other proper objections to the equipment, it shall be conclusively presumed that the property is in
good condition and repair and that the CONTRACTING PARTY is satisfied with and has
accepted the property in such good condition and repair.
Condition of Equipment upon Return by CONTRACTING PARTY: KERR COUNTY
shall inspect the property within 72 hours after receipt of the election equipment. Unless KERB
COUNTY, within this period of time, gives written notice to the CONTRACTING PARTY
specifying any defects in or other proper objections to the equipment, the CONTRACTING
PARTY agrees that it shall be conclusively presumed between both parties that KERR
COUNTY has fully inspected and acknowledged that the property is in good condition and
repair and that I{ERR COUNTY is satisfied with and has accepted the property in such good
condition and repair.
Inspection: KERR COUNTY shall at all times, during election hours, have the right to enter on
the premises where the election is being held for purposes of inspecting the equipment and
observing its use.
Alterations: The CONTRACTING PARTY acknowledges that the equipment is technical and
the CONTRACTING PARTY shall make no alterations to the leased election equipment
without obtaining prior written permission from the County Clerk of Kerr County, Texas.
Maintenance and Repair: The CONTRACTING PARTY at its own cost and expense shall
keep the leased equipment in good repair, condition and working order and shall see that the
election equipment is not subject to careless or needless rough usage.
Loss and Damaee: The CONTRACTING PARTY assumes all risk of lost and damaged
election equipment from any cause. In the event of loss of, or damage to, the election equipment
leased, the CONTRACTING PARTY shall immediately notify KERR COUNTY, and, at the
option of KERR COUNTY, shall:
2
1. repair the election equipment, at its cost and expense, subject however to warranty
coverage provided by manufacturer;
2. replace the property with like property in good repair which property shall then
become subject to this lease; or
3. pay KERR COUNTY for, in cash, the replacement price of the equipment.
Indemnity: The CONTRACTING PARTY, to the extent allowable by state law, shall
indemnify KERR COUNTY and hold KERR COUNTY harmless from, all claims, actions,
proceedings, costs, damages and liabilities, including attorneys fees, arising out of, connected
with, or resulting from the leased equipment, including without limitation the selection, delivery,
possession, use ,operation, or return of the property.
Default: An occurrence of the following events shall, at the option of KERR COUNTY,
terminate this contract for lease of election equipment and immediately grant KERR COUNTY
right to possession of the election equipment leased:
Noncompliance of any of the above events, by the CONTRACTING PARTY
with any term, covenant, or condition of this agreement.
On the happening of any of the above events, KERR COUNTY may, without notice, take
possession of the leased equipment.
Attorney Fees: In the event of any action filed in relation to this contract, the prevailing party
shall be entitled to recover a reasonable amount of its attorneys fees incurred.
Assienment of Contract: This contract cannot be assigned or subleased without the written
consent of KERR COUNTY. Ownership of the property leased is and shall at all times remain
the sole property of KERR COUNTY, and the CONTRACTING PARTY shall not have right,
title or interest in the property.
Signed and dated this 26th day of
AAril
2007
City of Kerrvil e
CONTRACTING PA Y
epresentative
		
	m	y ~\
Kerr County Judge
ATTEST: Jannett Pieper, Kerr County Clerk
r
Depu g