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COST SHARE AGREEMENT BETWEEN <br /> CITY OF ELK RIVER AND COUNTY OF SHERBURNE FOR <br /> ELECTION HARDWARE, SOFTWARE AND RELATED SERVICES <br /> This Agreement is entered into this day of , 2016 (the "Effective <br /> Date"), by and between the City of Elle River ("City"), 13065 Orono Parkway, Elle River, <br /> Minnesota 55330, and the County of Sherburne ("County"), 13880 Business Center Drive, Elle <br /> River, MN 55330, collectively referred to as the Parties. <br /> WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by <br /> agreement through action of their governing bodies, may jointly exercise powers common to the <br /> governmental units; and <br /> WHEREAS, under Minnesota law the Parties are empowered to purchase, use and <br /> maintain election hardware, software and related services. <br /> NOW, THEREFORE, in consideration of the premises and covenants contained herein <br /> and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows: <br /> 1. Purpose. The purpose of this Agreement is to establish the obligations of the Parties with <br /> respect to the use, maintenance and cost sharing of election hardware, software and <br /> related services. The election hardware and software covered by this Agreement are <br /> shown on the attached Exhibit A and are referred to herein as the "Election Equipment". <br /> 2. Term. This Agreement shall be effective upon execution by both of the Parties and shall <br /> continue in effect until terminated as provided in Section 5. <br /> 3. Duties of the County. <br /> 3.1 Solicitation and Award of Contract. In conformance with the provisions of <br /> Minnesota law, the County has prepared a Request for Proposals (RFP) for an <br /> electronic voting system that meets the requirements of Minn. Stat. § 206.57, to <br /> be used by all local government units in Sherburne County, including the Parties. <br /> The final decision on the vendor to whom the contract shall be awarded will be <br /> made by the Sherburne County Board of Commissioners. The contract will be <br /> awarded to a vendor whose proposal meets all of the standards for voting systems <br /> required by Minnesota law. The contract will include vendor-supplied technical <br /> maintenance and regular maintenance and upgrades of the Election Equipment, <br /> wherever stored, for at least five years from the date of purchase, including <br /> assurances of sufficient parts, supplies and accessories, warranty service, and <br /> trade-in allowance for all electronic voting systems owned by the Parties. <br /> 3.2 Repairs and Maintenance. The County will arrange and pay for all necessary <br /> repairs, maintenance and upgrades to the Election Equipment between election <br /> seasons. <br /> 1 <br />