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HomeMy WebLinkAboutAgreement_General_6/9/2022_PBC Supervisor of ElectionsWendy Sartory Link Palm Beach County Supervisor of Elections f 1VTMTinI0 0 240 South Military Trail, West Palm Beach, FL 33415 0561.656,6200 Q561.656.6287 CONTRACT FOR ELECTION DAY POLLING LOCATION This Contract is made as of the _17 day of _May______, 2022_, by and between Palm Beach County Supervisor of Elections, a Political Subdivision of the State of Florida, by and through the Palm Beach County Board of Commissioners, hereinafter referred to as SUPERVISOR, and the VILLAGE OF TEQUESTA, a Florida municipal corporation, whose address is 345 TEQUESTA DRIVE, TEQUESTA FL, 33469 hereinafter referred to as the VILLAGE, in order to provide for the SUPERVISOR'S use of the VILLAGE'S council chambers, located at 345 Tequesta Drive, Tequesta, Florida 33469, as a polling location with a designated Polling Room, hereinafter referred to as the FACILITY. PRECINCT NUMBER(S) TBD AFTER REDISTRICTING*: ((3 p *Redistricting happens every 10 years following the Census. There is a possibility that the precinct boundaries in your area could change prior to the scheduled elections in 2022. PRECINCT NUMBER(S) PRIOR TO REDISTRICTING: TBD In consideration of the mutual promises contained herein, SUPERVISOR and VILLAGE agree as follows: ARTICLE 1- SERVICES The VILLAGE'S responsibility under this Contract is to provide Election Day polling location services at the FACILITY for the following Primary and General Election Days scheduled for the countywide 2022 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. Primary Election Day - Tuesday, August 23, 2022 B. General Election Day - Tuesday, November 8, 2022 SUPERVISOR'S representatives/liaisons during the performance of this Contract shall be Ghitza Serrano -Velez, (561)656-6211, ghitza@votepalmbeach.eov and Erica Aquino (561)656-6219 or erica@vote paImbeach.pov. The VILLAGE'S representative/liaison during the performance of this Contract shall be (Name, Title) -.Dl�i �Cl�l�� �1�A.rv►�. �l��a C11+� �D - ,telephone no. mailing address (if different) 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: Precinct Number(s) prior to Redistricting: TBD Precinct Number(s) after redistricting (TBD): Page 1 of 4 Wendy Sartory Link Palm Beach County Supervisor of Elections f !/ ® in o - . -• :- 0 240 South Military Trail, West Palm Beach, FL 33415 0561.656.6200 0561.656.6287 Name Work Telephone Home/Cellphone Email Name and telephone number of contact person at Polling Place on Election Day: l.�r; ►�Y��w;�l;a,,y,s 54�-7�� • oy43 510 i-?IoY �nyS3 �muv811 ialbik orf Name Work Telephone Home/Cellphone Email Two alternate contacts: �Y (Q Roo ArW-cr b1 1-2to -OTtt' 3 51 - 53,Y(o M Q 6 ey, aQi4 o�r Name'"'Work Telephone Home/Cellphone Email I i411q'M 5 761 - 7(4-04(o3 4 -72 -* 3 CXg �� Q (I -en 0 +66L A- log Name Work Telephone Home/Cellphone Email ARTICLE 2 - SCHEDULE The VILLAGE agrees to allow voters, poll workers, poll watchers, other designated campaign representatives, and representatives of the SUPERVISOR to enter and exit the FACILITY 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 shall be required to present identification upon entry, including at any gate. B. None of the above shall be required to undergo health screening upon entry. The VILLAGE agrees to accept delivery of equipment and supplies at the FACILITY at a time and date to be determined by The VILLAGE and SUPERVISOR prior to Election Day. The VILLAGE and SUPERVISOR will also determine a date and time for SUPERVISOR to remove equipment and supplies from the FACILITY. Please provide the days and hours of operation at the location when access to the FACILITY will be available for delivery and pickup of voting equipment. An election official will contact you to make arrangements: M — E 8- 3a Am — 5 : oo pnYN The VILLAGE agrees to provide a secure location to store Elections Equipment upon delivery to the FACILITY and until removal. Please indicate where election equipment ill be stored and how it will be secured: In k alW1 QM h�hin A �40CILe� S-e[.vrP A cars Precinct Number(s) prior to Redistricting: TBD Precinct Number(s) after redistricting (TBD): Page 2 of 4 Wendy Sartory Link Palm Beach County Supervisor of Elections O 240 South Military Trail, West Palm Beach, FL 33415 0561.656.6200 0561.656.6287 The VILLAGE agrees to allow SUPERVISOR or SUPERVISOR's designee(s) to inspect and set up a designated Polling Room at the FACILITY on the Monday prior to Election Day (Monday, August 22, 2022, for the Primary Election and Monday, November 7, 2022 for the General Election). The VILLAGE agrees (initial one): fTo open the designated Polling Room at the FACILITY no later than 5:30 A.M. on Election Day, OR; To provide SUPERVISOR or its assignee (Clerk) with a key to the designated Polling Room at the FACILITY. Please indicate contact information and instructions for delivery of key, if applicable: The VILLAGE agrees to provide from 5:30 A.M. until completion of voting and clean-up on Election Day (initial all applicable): Chairs for election workers (number of chairs provided Qf (i.uZu"l- Tables for election workers (number of tables provided Access to power outlets (number of power outlets available OU N'd4 Ia X� i�.Q�.o'�/ Us of restroom facilities. Air conditioning. 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 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 5 - EXCUSABLE DELAYS Precinct Number(s) prior to Redistricting: TBD Precinct Number(s) after redistricting (TBD): Page 3 of 4 Wendy Sartory Link Palm Beach County Supervisor of Elections f 10Z®Zin a 240 South Military Trail, West Palm Beach, FL 33415 0561.656.6200 ®561.656.6287 The VILLAGE 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 the VILLAGE 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 Early Voting/Election Day site unusable. ARTICLE 6 - ENTIRETY OF CONTRACTUAL AGREEMENT SUPERVISOR and the VILLAGE 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 7 - PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the VILLAGE: (i) provides a service; and (ii) acts on behalf of the SUPERVISOR as provided under Section 119.011(2) F.S., the VILLAGE shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. All agreements between the VILLAGE and SUPERVISOR are subject to the requirements provided under Section 119.0701, F.S. ARTICLE 8 - STATEMENT OF INDEMNITY SUPERVISOR shall be responsible for damages, as found legally liable for and 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 SUPERVISOR or any of its officers or employees. Nothing in this provision shall constitute as a waiver of sovereign immunity by either SUPERVISOR or the VILLAGE. IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SUPERVISOR and the VILLAGE for purposes of executing this agreement on the dates set forth below. Wendy Sartory Link, Palm Beach County Supervisor of Elections (Signature) N VILLA Representative (Signature) Date I. y'--n-- 22. Date Precinct Number(s) prior to Redistricting: TBD Precinct Number(s) after redistricting (TBD): Page 4 of 4 Wendy Sartory Link Palm Beach County Supervisor of Elections O 240 South Military Trail, West Palm Beach, FL 33415 0561.656.6200 0561.656.6287 CONTRACT FOR ELECTION DAY POLLING LOCATION This Contract is made as of the _17 day of _May______, 2022_, by and between Palm Beach County Supervisor of Elections, a Political Subdivision of the State of Florida, by and through the Palm Beach County Board of Commissioners, hereinafter referred to as SUPERVISOR, and the VILLAGE OF TEQUESTA, a Florida municipal corporation, whose address is 345 TEQUESTA DRIVE, TEQUESTA FL, 33469 hereinafter referred to as the VILLAGE, in order to provide for the SUPERVISOR'S use of the VILLAGE'S recreation center, located at 399 Seabrook Road, Tequesta, Florida 33469, as a polling location with a designated Polling Room, hereinafter referred to as the FACILITY. PRECINCT NUMBER(S) TBD AFTER REDISTRICTING*: rd 0 *Redistricting happens every 10 years following the Census. There is a possibility that the precinct boundaries in your area could change prior to the scheduled elections in 2022. PRECINCT NUMBER(S) PRIOR TO REDISTRICTING: TBD In consideration of the mutual promises contained herein, SUPERVISOR and VILLAGE agree as follows: ARTICLE 1- SERVICES The VILLAGE'S responsibility under this Contract is to provide Election Day polling location services at the FACILITY for the following Primary and General Election Days scheduled for the countywide 2022 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. Primary Election Day - Tuesday, August 23, 2022 B. General Election Day - Tuesday, November 8, 2022 SUPERVISOR'S representatives/liaisons during the performance of this Contract shall be Ghitza Serrano -Velez, (561)656-6211, ghitza@votepalmbeach.gov and Erica Aquino (561)656-6219 or erica@voter)almbeach.gov. The VILLAGE'S representative/liaison during the performance of this Contract shall be (Name, Title) C-Ye Q CO(b1 , POJU r- l -eC. 13 '4y-.e dv✓' telephone no. 5(0 l _-jW--Ni3 mailing address (if different) 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: n.,,.....�a n1....�L...../..\ .......a,. n,..J7..a..�,.a....., rnn n_,._...,_a w, Wendy Sartory 0 240 South Military Trail, West Palm Beach, FL 33415 0561.656,6200 0561.656.6287 !( Cow' b,R- 5U --7(F -0413 5(Qt -a !N -Sari q&ebm ® ` aaliorir Namir Work Telephone N Home/Cellphone Email Name and telephone number of contact person Polling Place on Election Day: NA C01b►w- 5fg, Nbauu- Name Two alternate contacts: Work Telephone Home/Cellphone Email Ken Kandefer 561-301-8980 kkandefer@tequesta.org Name Work Telephone Home/Cellphone Email Kathleen Worley 561-0475 561-440-0699 kworley@tequesta.org Name Work Telephone Home/Cellphone Email ARTICLE 2 - SCHEDULE The VILLAGE agrees to allow voters, poll workers, poll watchers, other designated campaign representatives, and representatives of the SUPERVISOR to enter and exit the FACILITY 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 shall be required to present identification upon entry, including at any gate. B. None of the above shall be required to undergo health screening upon entry. The VILLAGE agrees to accept delivery of equipment and supplies at the FACILITY at a time and date to be determined by The VILLAGE and SUPERVISOR prior to Election Day. The VILLAGE and SUPERVISOR will also determine a date and time for SUPERVISOR to remove equipment and supplies from the FACILITY. Please provide the days and hours of operation at the location when access to the FACILITY will be available for delivery and pickup of voting equipment. An election official will contact you to make arrangements: MWF 8.00 AM - ELM PM Tuesdag R Th racing 8.00 AM - 8.00 PM The VILLAGE agrees to provide a secure location to store Elections Equipment upon delivery to the FACILITY and until removal. Please indicate where election equipment will be stored and how it will be secured: Gymnasium fl......:.n..� lal......M�r/.� ...�...♦.. II n.J:..a�:..a:..... Tn(� n....-:.�..♦ A1...`L�../..) _L., .. .._J:.�..:.a:... /Tnt�\. Wendy Sartory Link Palm Beach County Supervisor of Elections 0 240 South Military Trail, West Palm Beach, FL 33415 0561,656.6200 0561,656.6287 The VILLAGE agrees to allow SUPERVISOR or SUPERVISOR's .designee(s) to inspect and set up a designated Polling Room at the FACILITY on the Monday prior to Election Day (Monday, August 22, 2022, for the Primary Election and Monday, November 7, 2022 for the General Election). The VILLAGE agrees (initial one): -X To open the designated Polling Room at the FACILITY no later than 5:30 A.M. on Election Day, OR; — To provide SUPERVISOR or its assignee (Clerk) with a key to the designated Polling Room at the FACILITY. Please indicate contact information and instructions for delivery of key, if applicable: The VILLAGE agrees to provide from 5:30 A.M. until completion of voting and clean-up on Election Day (initial all applicable): X Chairs for election workers (number of chairs provided ). X- Tables for election workers (number of tables provided ) X Access to power outlets (number of power outlets available ) -X Use of restroom facilities. X Air conditioning. 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 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 5 - EXCUSABLE DELAYS n.....:....Y w1..w.1....J.\ ....•... 1.. n.. Jin�.:��:.�-. TA(� n_-.:...,a �I. .._..L __/_\ _tam.. __J!_a.!�a... _ /Tn n.1_ Wendy Sartory Link Palm Beach County Supervisor of Elections O 240 South Military Trail, West Palm Beach, FL 33415 0561.656.6200 0561,656,6287 The VILLAGE 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 the VILLAGE 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 Early Voting/Election Day site unusable. ARTICLE 6 - ENTIRETY OF CONTRACTUAL AGREEMENT SUPERVISOR and the VILLAGE 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 7 - PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the VILLAGE: (i) provides a service; and (ii) acts on behalf of the SUPERVISOR as provided under Section 119.011(2) F.S., the VILLAGE shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. All agreements between the VILLAGE and SUPERVISOR are subject to the requirements provided under Section 119.0701, F.S. ARTICLE 8 - STATEMENT OF INDEMNITY SUPERVISOR shall be responsible for damages, as found legally liable for and 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 SUPERVISOR or any of its officers or employees. Nothing in this provision shall constitute as a waiver of sovereign immunity by either SUPERVISOR or the VILLAGE. IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SUPERVISOR and the VILLAGE for purposes of executing this agreement on the dates set forth below. wenay,)artory Link, Palm Beach County Supervisor of Elections (Signature) Date VILLAG (Signature) Date Drn ; -4- K1--knr/,J _!_ +n Dnr���F��..Ft..... TD11 n.,...: ,, ... PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."