HomeMy WebLinkAbout2023 - 2024 Early Voting City Hall AgreementOctober21-No
Precinct(s) # Sebastian City Hall
AGREEMEN Tfor2023-2024
Re: Use of Facilities as Palling Place
THIS AGREEMENT, made this 24th day of January 2023, by and between the INDIAN RIVER
COUNTY SUPERVISOR OF ELECTIONS (Hereafter SUPERVISOR), and
Sebastian City Hall (Hereafter PROVIDER),
WITNESSETH.,
WHEREAS, polling in Indian River County has traditionally been held in places such as churches,
community centers, and civic organization buildings; and _
WHEREAS, orderly administration dictates that a contract for the use of these facilities be entered
into between the SUPERVISOR and the PROVIDER;
NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable
consideration, the receipt of which is hereby acknowledged, SUPERVISOR and PROVIDER agree as
follows:
1. PROVIDER shall allow the SUPERVISOR the use of its facilities as a polling place for the election(s) to
be held on:
March 9- March 16, 2024 - Presidential Preference Primary Election
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August 10 - August 17 M24 - PrhnaryElectlon
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mmbrr-A 2024 - Gener2lElectIOD o
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Any Speela1FJcc&oos
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2. PROVIDER shall allow the SUPERVISOR access to the facilities for the placement and removatef voting
equipment and other related equipment beginning one week before and ending one week after each
early voting. The Supervisor of Elections shall have access to the location for set up prior to the
commencement of the early voting period and sole occupancy on the days of early voting from 6:30
a.m. until the Election Board has completed all procedures.
3. SUPERVISOR shall pay the PROVIDER for the use of said facilities the sum of $ 0.00
4. SUPERVISOR will accept the facility as is. If modifications are requested by the SUPERVISOR,
excluding ADA compliance and safety measures, the SUPERVISOR shall reimburse the
PROVIDER for all modifications.
5. SUPERVISOR shall cause to be issued general liability insurance in the amount $200,0001 $300,000
covering "all elections at all polling places that are held during the above -described period:'
6. HOLD HARMLESS COVENANT: To the extent allowed by law, each party shall indemnify and hold the
other harmless from all claims brought during the term of this Agreement by third parties, including
reasonable attorneys' fees, court costs and expenses, which may arise out of or be attributed to the
negligence of the indemnitors employees in the performance of any of the covenants, agreements,
terms, or conditions to be performed or complied with under this Agreement. Neither party's liability to
the other shall include punitive damages or interest for the period before judgment. Nothing contained
herein shall be construed as a waiver of any immunity from, or limitation of, liability either party has under
the Doctrine of Sovereign Immunity of Section 768.28 Florida Statutes. Additionally, neither party shall
be liable pursuant to this Indemnity to pay a claim or a judgment by any one person or any claim or
judgment, or portions thereof, which when totaled with all other claims or judgments paid arising out of
the same incident or occurrence, which exceeds the limits of liability as set for the in Section 768.28(5)
Florida Statutes, provided, that the payment of said claim(s) shall be further limited to the actual amount
of insurance proceeds paid for such claim(s) covered by this indemnification. This indemnity specifically
excludes any requirement for one party to indemnify the other party for the other parry's negligence or
to assume any liability for the other parry's negligence as provided in Section 768.28(19) Florida Statutes.
IN WITNESS WHEREOF, SUPERVISOR and PROVIDER have entered Into this agreement on the
first date above written.
PROVER:
y Paul E. Carlisle
City Na+lageC
City of Sebastian
INDIAN RIVER COUNTY, FLORIDA
SUPERVISRP,DF ELECTIONS
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