ORDER NO. 31250
ELECTION EQUPMENT CONTRACT WITH CITY OF KERRVILLE
Came to be heard this the 23rd day of March, 2009, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Election Equipment Contract with City of Kerrville for 2009 City of Kerrville
election.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Pat Tinley
MEETING DATE: March 23, 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Election Equipment
Contract with City of Kerrville for 2009 City of Kerrville election.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
CONTRACT FOR LEASE OF ELECTION EQUIPMENT
KERR COUNTY
CONTRACTING PARTY: City Secretary, City of Kerrville
ELECTION DATE: May 9, 2009 TYPE OF ELECTION: General
This contract for lease of election equipment made by and between KERB COUNTY and C~
of Kerrville, hereinafter called the CONTRACTING PARTY, is based on the following terms
and conditions to-wit:
Purpose: KERB 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 KERB COUNTY furnish to the CONTRACTING PARTY
certain election equipment necessary for the CONTRACTING PARTY to conduct the General
Election type of election) on May 9, 2009 (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 KERB COUNTY a $50.00 per election
administration fee in addition to the election equipment lease expense described below.
ELECTION EQUIPMENT TO BE LEASED FROM KERB COUNTY:
	Earl Votin and Election Da			
				
		# of Units	Lease Cost	Total
eSlates		2	$37.50	$ 75.00
JBC		2	$37.50	$ 75.00
eScans		2	$67.50	$ 135.00
Tall Com uter		1	$57.75	$ 57.75
La To Com uter		1	$52.50	$ 52.50
Administration Fee		1	$50.00	$ 50.00
TOTAL				$ 445.25
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 9, 2009
(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 Tax Assessor/Collector (or designated
employee) of Kerr County, Texas, and deliver to its polling locations and return the same to the
Tax Assessor/Collector (or designated employee) of Kerr County, Texas, no later than the day
following the election as indicated. The CONTRACTING PARTY shall comply with Tax
Assessor/Collector (or designated employee) written procedure for use of the equipment, which
shall be provided with the delivery of the equipment. The CONTRACTING PARTY shall also
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 KERR
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 KERR COUNTY is satisfied with and has accepted the property in such good
condition and repair.
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Inspection: KERR COUNTY shall at all times during the election 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 Tax Assessor/Collector (or designated
employee) 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 Damage: 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:
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: To the extent permitted by law, the CONTRACTING PARTY 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:
1. 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.
Assignment 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
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the sole property of KERR COUNTY, and the CONTRACTING PARTY shall not have right,
title or interest in the propert ~
Signed and dated this C~Q~ - day of /~/(~,~~ , 20 09
City of Kerrville
~ON'~~.ACT~~1Q~ $ARTY ~
Kerr County Judge
Repikseritative ~'
Don Davis, Interim City Manager
T:U.,egal\City Secretary\Election\May 2009U.ease-election equipment, county.doc
ATTEST: Diane Bolin, Kerr County Tax
Assessor/Collector or desi nated emplo e
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By: ~ eputy
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