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Precinct 1515 and 1516 Boynton Beach High SchoolCity of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 CONTRACT FOR ELECTION DAY POLLING LOCATION This Contract is made as of the 6th day of February 2023 , 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 Maylee De Jesus, City Clerk hereinafter referred to as City Clerk and The School Board of Palm Beach County, Florida, hereinafter referred to as the "Board" on behalf of (Boynton Beach High School, 4975 Park Ridge Boulevard, Boynton Beach, FL 33426) hereinafter referred to as Facility. PRECINCT NUMBER(S); 1515 and 1516 In consideration of the mutual promises contained herein, the City and Facility agree as follows: ARTICLE 1- SERVICES FACILITY'S responsibility under this Contract is to provide Election Day polling location services for the following Municipal Election Days scheduled for the City 2023 Election Cycle, as well as make a good faith effort to accommodate any additional Special Election Days that may be required due to unforeseen circumstances. A. General/Municipal Election Day—Tuesday, March 14, 2023 B. Run-off Election Day —Tuesday, March 28, 2023 The City's representatives/liaisons during the performance of this Contract shall be Maylee De Jesus, 561-742- 6061, cityclerk a bbfl.us FACILITY'S representative/liaison during the performance of this Contract shall be: Name itle _ /r Joseph M. Sanches, MBA/ Chief Operating Officer telephone no. 561-357-7573 w..p. mailing address 3300 Forest Hill Blvd., Suite B-302, West Palm Beach, FL 33406 Name and telephone number of emergency contact person before and after regular business hours, MUST be available to answer in the event of any emergency �A-fp�R- �6,�-Zv Name � „� � � ��� Work Telephone mHome/Cell_ Phone 7DEmail � � Name and telephone number of contact person at Facility on Election Day:�����'"'"O p p Y Name Work Telephone Home/Cell Phone Email Two alternate contacts: Name City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 .....W 40"2 7) 3M03 - Work Telephone Home/Cell Phone Email Namei Work Telephone �Horn�/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 ofvovoting equipment. An will contact You tomakearra� arrangements: I �D.. d �µ� � AcIp ine FACILITY shall agree to provide a secure location to store Elections Equipment upon delivery to the FACILITY and until removal. Pease indicatewhere, election equipment will be stored and how a secured: AE FACILITY shall agree to allow the City or the City's designee(s) to inspect and setup the designated Polling Room on the Monday prior to Election Day (Monday, March 13, 2023, for the General Election and Monday, March 27, 2023, for the Run-off Election). FACILITY agrees: — To open the Polling Location and Polling Room no later than 5:30 A.M. on Election Day 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. 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 far purposes of executing this agreement on the dates set forth below. City of B yn 4--Bea-ch, mayt6e De Jests, MMC, City Clerk (Signature) Date -- Feb 6, 2023 Board Representative (Signature) Date