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Precinct 1506 Citrus Cove Elementary SchoolCity of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 CONTRACT FOR ELECTION DAY POLLING C 'I This Contract is made as of the 6th day ofIF°ebruary 20n. � by and between the City of Boynton Beach, a Political Subdivision of the State of Florida, hereinafter referred to as the City; and by and Ivlaylee De ,les6s, City Clerk hereinafter referre l to as City Clerk and The School Board of Palm Bauch County, Florida, hereinafter referred to as the "Board' on behalf of (Citrus Cove Elementary ,School, 8400 Lawrence Road, Boyn-top Beach, FL 33436) hereinafter referred to as Facility, PRECINCT NUMBER(S). 1506 in conslderation of the mutual promises contained herein, the City and Facility agree as follows: ARTICI..F .1- SERVICES FACILITY'S responsibility tinder this Contract is to provide Election Day p0hng location services for the following Munlcipal Election Days scheduled for the City 2023 Election Cycle, as well as rnake a good faith effort to accommodate any additional Special Election Days that may be rep,u*ed due to unforeseen circumstances. A. eneir t/ unilcipa& Ile tt 3 —Tuesday, arca 14, 2023 B. Run-off Election Day —Tuesday, arca 28, 2023 The City's irepresentatives/liaiisons during the performance of this Contract shall be Ir'Vlaylee De Jesus, 56J.-742- 6061, cliltfloa FACILITY'S representative/liaison during the (performance of this Contract shall be: Nap_ ,.61-3x7-7573 rne/Title telephone no. Joseph M. Benches, SBA lie' Operating Officer mailing address ,...... 3300 Fores t HIV vd., Site B-302, West Palm Beach, H. 33 4016 Name aid telephone number of emergency contact person before and after regular business hours, MUST be available to answer In the event of any ernergency: ai d"� _. r mm _. q4I � 1 C"kA Name WorkTeiephone tonne/Cell) Phone Email (Nairne alid telephone number of con -tart person at Facility on Election Day-., 0y - e —: c' Name vu orkTelephone,.. ..n Florne%Cell Phone..... ... Email e Page 1 of 4 City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 Two alternate contacts: Name Work Telephone Home/Cell Phone Email 1,,b 1 , I ........_�.�_���. Name Work Telephone Home/Cell Phone Email ARTICLE 2 - SCHEDULE FACILITY agrees to allow voters, poll workers, poll watchers, other designated campaign representatives, and representatives of the City to enter and exit premises without delay or screening of any kind on Election Day, until completion of voting. This shall include but is not limited to: A. None of the above -listed individuals shall be required to present identification upon entry, including at any gate during the hours when the polls are open for voting. B. None of the above -listed individuals shall be required to undergo health screening upon entry to the FACILITY. FACILITY agrees to accept delivery of equipment and supplies at a time and date to be determined by FACILITY and the City prior to Election Day. FACILITY and the City will also determine a date and time for the City to remove equipment and supplies. Please provide the days and hours of operation at the FACILITY when access will be available for delivery and pickup of voting equipment. An election official will contact you to make arrangements: , l .fir ...L � II '" • " w FACIN...l lY.shall agree to provide a secure location to store Ellectioins Equipment upon delivery to the FAC1111..6IY and until removal. Please indicate where election ega,riprnent will Ilse stored and how it will Ilse secured: VC FACIIU FY slhAI agree to allow the City or the City's designee(s) to inspect avid set ulp the designated Pollhing Room on -the Monday prior to Election Day (Monday, (March .13, 2023, for the General (Election and Monday, March 22, 2023, for the Ruin-(: ff Elec'florn)a I::ACIILIITY agrees: To open tl°ne Polhing Locatioin arid Polling Roouin no later than 5:30 A.M. on Election Day Page 2 of 4 City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 FACILITY agrees to provide from 5;30 A.M. until completion of voting and clean-up on Election Day: — Chairs for election workers — Tables for election workers — Access to power outlets — Use of restroom facilities. — Air conditioning. ARTICLE 3 — REMEDIES This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 4 - EXCUSABLE DELAYS Board shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of Board or its employees. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies which have been classified by the Governor of Florida or the President of the United States as a State of Emergency and subsequently issue in an Emergency Order allowing for the specific breach of this Contract (i.e. an order specifically disallowing use of this or this kind of facility by the public), and abnormally severe and unusual weather conditions which render the FACILITY unusable. ARTICLE 5 - ENTIRETY OF CONTRACTUAL AGREEMENT The City and Board agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties. ARTICLE 6 - PUBLIC RECORDS This Contract is subject to the requirements provided under Section 119.0701, F.S. ARTICLE 7 - STATEMENT OF INDEMNITY The City shall be responsible for damages, to the extent permitted by law, arising out of injury or damage to persons or property caused by or resulting from the negligence of the City or any of its officers or employees. Nothing in this provision shall constitute a waiver of sovereign immunity. Page 3 of 4 City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, The City and FACILITY for purposes of executing this agreement on the dates set forth below. City of oyi n Beach, 0lee De Jesus, MMC, City Clerk (Signature) P Date Feb 6, 2023 Board Representative (Signature) Date Page 4 of 4