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HomeMy WebLinkAboutAgreement_General_1/15/2021_First Baptist Church of TequestaVillage 345 Tequesta Drive Tequesta, FL 33469 CONTRACT FOR POLLING PLACE LOCATION 561-768-0700 www.tequesta.org This Contract is made as of the 1T day of , 2021, by and between the Village of Tequesta, herein referred to as MUNICIPA ITY and First Baptist Church of Tequesta, 423 Tequesta Drive, Tequesta, FL, 3349, herein referred to as FACILITY. PRECINCTS: 1078, 1088 AND 1094 In consideration of the mutual promises contained herein, SUPERVISOR and FACILITY agree as follows: ARTICLE 1— SERVICES FACILITY'S responsibility under this Contract is to provide polling place services for the 2021 Municipal Election Cycle, including the following scheduled Election Days, as well as make a good faith effort to accommodate any Special Election Days that may be required due to unforeseen circumstances: • General Election — March 9, 2021 • Run -Off (if necessary) — March 23, 2021 SUPERVISOR'S representative/liaison during the performance of this Contract shall be Lori McWilliams, Village Clerk, 561-768-0443, Imcwilliams@teguesta.orrg. FACILLITY'S representative/liaison during the performance of this Contract shall be (Name, Title) Telephone: Cj (c I 309 Name and telephone number of emergency contact person before and after regular business hours: Name Phone Alt. Phone In 7&9 aS C ku-rch Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Frank D'Ambra Council Member Laurie Brandon Council Member Bruce Prince Village Manager Jeremy Allen Name and telephone number of contact person at Polling Place on Election Day: 5 A vc::� Name Phone Alt. Phone Email Two alternate contacts: M1 KE �Z,c1 q flso,� (5� i 3i3 -�►�� �11K�c� gk scku�cti . ,Jed Name Phone Alt. Phone Email NCAA ADA,As ( 561) 7,;L-1-1T S5 tJoak@ a has u k..j e+ Name Phone Alt. Phone Imail ARTICLE 2 — SCHEDULE FACILITY shall agree to allow voters, poll workers, poll watchers, other designated campaign representatives, and representatives of the SUPERVISOR 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: • None of the above shall be required to present identification upon entry, including at any gate. • None of the above shall be required to undergo health screening upon entry. FACILITY shall agree to accept delivery of equipment and supplies at a time and date to be determined by FACILITY and SUPERVISOR prior to Election Day. FACILITY and SUPERVISOR will also determine a date and time for SUPEVISOR to remove equipment and supplies. Please provide the days and hours of operation at the location when access to the premises will be available for delivery and pickup of voting equipment. An election official will contact you to make arrangements: m©.�-jdq, -roves, wej, ThLkr-s. (9-� CIoSe.o� t�r,d�s FACILITY shall agree to provide a secure location to store election equipment upon delivery to Polling Location and until removal. Please indicate where election equipment will be stored and how it will be secured: FACILITY shall agree to allow SUPERVISOR or SUPERVISOR'S designee(s) to inspect and set up the designated polling location on the Monday prior to Election Day. FACILITY shall agree (initial one): To open the Polling Place no later than 5:30am on Election Day, OR: S To provide SUPERVISOR or its assignee (Clerk) with a key to the Polling Place. Please indicate contact information and instructions for delivery of Key: -�'1 all J1J&Vk TaVIA6 (5�1) ev- cl�lkvx.l„ c.kfI� (5(F% 7L(g5/-7 -0aIna FACILITY shall agree to provide from 5:30am until completion of voting and clean-up on Election Day (initial all applicable): 'Chairs for election workers (number of chairs provided ) pw Ne-e� All Tables for election workers (number of tables provided ). ✓ Access to power outlets (number of power outlets available ). Use of restroom facilities. Air conditioning. ARTICLE 3 — PAYMENTS TO FACILITY A. FACILITY is allowing the use of their facilities to the MUNICIPALITY at no charge. ARTICLE 4 — 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 in 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 statue 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 5 — EXCUSABLE DELAYS FACILITY shall not be considered in default by reason of any failure in performance if such failures arises out of causes reasonable beyond the control of FACILITY or its subcontractors and without their fault or negligence. 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 polling place unusable. Upon FACILITY's request, SUPERVISOR shall consider the facts and extent of any failure to perform the work and, if FACILITY's failure to perform was without its fault or negligence, the Contract Schedule or any other affected provision of this Contact shall be revised accordingly, subject to SUPERVISOR'S right to change or terminate this Contract at any time. ARTICLE 6 — ENTIRETY OF CONTRACTUAL AGREEMENT SUPERVISOR and FACILITY agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understanding 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 hereto in accordance with the Article 25 — Modifications of Work. ARTICLE 7 — PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, F.S. if the FACILITY: (i) provides a service; and (ii) acts on behalf of the SUPERVISOR as provided under Section 119.011(2) F.S., the FACILITY shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. All agreements between FACILITY and SUPERVISOR are subject to the requirements provided under Section 119.0701, F.S. IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SUPERVISOR and FACILTY for purposes of executing this agreement on the dates set forth below. MUN PALITY Jer&y Allen, Village Manager (Signature) FACILITY Pastor Mike Richardson (Signature) Date Date Memorandum TO: Jeremy Allen, Village Manager FROM: Lori McWilliams, Village Clerk DATE: January 28, 2021 SUBJECT: Polling Location Agreement with First Baptist Church of Tequesta Description: With the demolition of the Village's Parks and Recreation Center, we have reached out to the First Baptist Church of Tequesta to utilize their Fellowship Hall facility for the March 9, 2021 municipal elections. Fee: Pro Bono The church has agreed to not charge the Village for use of their facility.