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
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