5.5. SR 01-26-2004 - Laserfiche WebLink

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AGREEMENT BETWEEN THE CITY OF ELK RIVER AND INDEPENDENT SCHOOL DISTRICT NO. 728 THIS AGREEMENT is entered into between the City of Elk River, a nqunicipal corporation under the laws of Minnesota ("City"), and Independent School District No. 728, a public corporation organized under the laws of the State of Minnesota ("District"). WITNESSETH WHEREAS, the District desires to use the City's Election Equipment ("Election Equipment") for a March 30, 2004 District special election (~'the Election"); and WHEREAS, the City is willing to make the Election Equipment available to the District for the Election, in accordance with the terms and conditions stated herein. NOW, THEREFORE, it is mutually agreed that: The District may utilize the Election Equipment for the Election in accordance with the ten'ns and conditions stated herein. The Election Equipment to be used by District is identified as: one (1) Model 100 Optical Scan Precinct Counter Unit, one (1) Model 100 metal ballot box; and one (1) Model 100 cover cmwying case for each of the seven polling places contained within the School District. The District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ES&S) and is protected under federal copyright law or other laws, rules, regulations and decisions. The District shall protect and maintain the proprietary and trade secret status of the Election Equipment, and shall indemnify City for any claims made agains~ City by ES&S or others arising from or related to the District's use of the Election Equipment for the Election. The District shall be responsible for the Election Equipment while it is in the possession of the District. The District, either through insurance or a self- insurance pro,am, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the District's obligations contained in Sections 8 and 9 herein. The District agq'ees that the City is furnishing the Election Equipment without any express or irnplied warranties including, but not in any manner limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment.