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HomeMy WebLinkAboutC-2687CITY OF PASADENA AGREEMENT 20,932 City of Santa Barbara Agreement No. 23,984 ELECTION EQUIPMENT 6 -26184. RENTAL AGREEMENT between CITY OF ARCADIA and CITIES OF PASADENA and SANTA BARBARA THIS EQUIPMENT RENTAL AGREEMENT is made, in triplicate, as of the 19th day of January, 2012, between the CITY OF ARCADIA, a municipal corporation ( "Arcadia "); the CITY OF PASADENA, a municipal corporation ( "Pasadena "); and the CITY OF SANTA BARBARA, a municipal corporation ( "Santa Barbara "); and WHEREAS, Pasadena and Santa Barbara have jointly purchased VOTE REMOTE VOTING EQUIPMENT (hardware and software) for the processing and handling of vote -by -mail ballots within the legal requirements of California Elections Code; and WHEREAS, Arcadia wishes to employ the VOTE REMOTE VOTING EQUIPMENT in its April 10, 2012, General Municipal Election; and WHEREAS, Pasadena conducts its Primary and General Municipal Elections in March and April of odd years, and Santa Barbara conducts its General Municipal Election in November of odd years; and WHEREAS, the VOTE REMOTE VOTING EQUIPMENT (hardware and software) is available for use by Arcadia during the period from February 10, 2012 to April 20, 2012. NOW, THEREFORE, Arcadia, Pasadena, and Santa Barbara agree as follows: 1. Pasadena and Santa Barbara shall jointly rent the VOTE REMOTE VOTING EQUIPMENT specified in Exhibit "A ", attached hereto, to Arcadia for the period from February 10, 2012 to April 20, 2012. 2. The VOTE REMOTE VOTING EQUIPMENT shall be delivered by Santa Barbara to Arcadia on or before February 10, 2012. Upon completion of the rental term, Arcadia shall deliver the VOTE REMOTE VOTING EQUIPMENT from Arcadia to Pasadena in coordination with the Pasadena City Clerk on or before April 20, 2012. Arcadia shall be responsible for any costs associated with delivery of the VOTE REMOTE VOTING EQUIPMENT. 3. As consideration for the use of the VOTE REMOTE VOTING EQUIPMENT, Arcadia shall pay a rental fee of Three Thousand Dollars ($3,000.00). This rental fee shall be shared equally by Pasadena and Santa Barbara. Checks shall be made payable to Santa Barbara in the amount of One Thousand Five Hundred Dollars ($1,500.00) and Pasadena in the amount of One Thousand Five Hundred Dollars ($1,500.00) on or before February 10, 2012. 4. Arcadia shall, at its sole cost and expense: a. Supply any consumable materials necessary for operation of the VOTE REMOTE VOTING EQUIPMENT. b. Cover the equipment while in its care, custody or control, for loss either with property insurance or on a self- insured basis. C. Be responsible for any liability issues, including, but not limited to, claims by its employees and by third parties that arise out of a use of the equipment while it has care, custody and control of the equipment. Joint and several liability provided by Government Code Section 895.2 is not to be applied to this AGREEMENT. d. Properly train its operators in the use of the voting equipment subject to this Equipment Rental Agreement. Training will be provided by Martin and Chapman. Arcadia shall address staff performance issues under its personnel policies should the voting equipment be misused or damaged by an operator. e. House and securely store the voting equipment in a secure location, free from exposure to the natural elements that might cause damage to said equipment (e.g. water, heat, cold, or direct and long -term exposure to sunlight). Arcadia agrees that it shall be liable to Pasadena and Santa Barbara on account of loss of the VOTE REMOTE VOTING EQUIPMENT by fire, theft, or natural disaster, or for damage caused during the transport of the equipment to Pasadena. f. Reimburse Pasadena and Santa Barbara for any loss or damage to the equipment while in Arcadia's custody or control, or restore the equipment to a condition similar or better than at the time of the loss. For the purposes of calculating a total loss under this paragraph, the equipment shall be presumed to have the amortized value set forth in Exhibit "B." g. Demonstrate that all equipment and software is in good working order at the time that the VOTE REMOTE VOTING EQUIPMENT is delivered to Pasadena at the end of the rental term. 2 5. Arcadia, Pasadena, and Santa Barbara agree that the provisions of this section are included in accordance with Government Code Section 895.4 and apply to Arcadia, Pasadena, and Santa Barbara. That each City, their officers and employees, shall not be deemed to assume any liability for the negligence caused by the other City using the VOTE REMOTE VOTING EQUIPMENT or of any officer or employee thereof, nor for any actions related to the use of the VOTE REMOTE VOTING EQUIPMENT by the other City. Further, Arcadia shall protect and save Pasadena and Santa Barbara, their officers and employees, harmless from any and all claims, damages, and costs, and shall assume the defense of all actions for any such damages or injuries alleged to have arisen out of the use of the VOTE REMOTE VOTING EQUIPMENT. 6. This Equipment Rental Agreement shall be governed by the laws of the State of California. Any changes to the Equipment Rental Agreement shall be in writing in a document duly executed by the parties, who may separately execute counterpart originals of this Equipment Rental Agreement (and any amendments thereto,) which together shall be deemed to constitute one and the same agreement. THE PARTIES have executed this Agreement with all the formalities required by law on the dates set next to their signatures. CITY OF PASADENA CITY OF SANTA BARBARA By: ark msk Its: City Jerk Date: Approvesd alto Form: y: V LMichele Beal Bagneris s: City Attorney Date: ! b, t'/ 3 Date: Approved as to Form: l• _ By: N. Scott Vincent Its: Assist nt City Attorney Date: 2/7 // Z CITY OF ARCADIA h ,l Jt, - - By: U�A Mussenden, Chief Deputy Its: City Clerk Date: January 31, 2012 Approved as to Form: By: S ephen P. Deitsch Its: City Attorney Date: January 31, 2012 Attachments: EXHIBIT A — Equipment List EXHIBIT B — Schedule of Amortized Value CI EQUIPMENT SHARING AGREEMENT — EXHIBIT A VOTE REMOTE EQUIPMENT LIST Equipment List: Vote Remote Scanner and Scanning Software Vote Remote Server, Monitor, and Keyboard, and Automated Signature Recognition Software Computer, Monitor, and Keyboard 61 EQUIPMENT SHARING AGREEMENT — EXHIBIT B VOTE REMOTE SCHEDULE OF AMORTIZED VALUE Jul 1, 2011 Initial cost $24,109 Schedule of Amortized Value Salvage value $2,500 VOTE REMOTE VOTING EQUIPMENT useful life (years) 12 Years Amount of Annual Depreciation Value of . 1 $3,324 $20,785 2 $3,047 $17,737 3 $2,770 $14,967 4 $2,493 $12,473 5 $2,216 $10,257 6 $1,939 $8,318 7 $1,662 $6,656 8 $1,385 $5,270 9 $1,108 $4,162 10 $831 $3,331 11 $554 $2,777 12 $277 1 $2,500 Total .0• Mailing addresses: City of Pasadena Office of the City Clerk Attn: Mark Jomsky, City Clerk 100 N. Garfield Avenue, Room S228 Pasadena, CA 91109 (626) 744 -4124 City of Santa Barbara City Clerk's Office Attn: Cyndi Rodriguez, City Clerk Services Manager P.O. Box 1990 735 Anacapa Street Santa Barbara, CA 93102 (805) 564 -5309 rl