HomeMy WebLinkAboutR-2009-231 Poll Worker Agreement RESOLUTION NO. 2009-231
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR.
BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD
COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL
WORKERS FOR SPECIAL CITY ELECTIONS IN 2010; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the proper City officials are authorized to execute an agreement on
behalf of the City with Dr. Brenda C. Snipes, Supervisor of Elections of Broward County,
Florida in connection with the selection of pollworkers for the Special City elections scheduled
for 2010.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 10, 2009.
ATTEST:
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CASTRO
LOUISE STILSON, CMC mom° R-COMMISSIONER
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
BY:
I/ i
THOM S J. Af4ShRO
CITY ATTORNEY
AGREEMENT
THIS AGREEMENT, made and entered into the day of
2009 by and between:
Dr. Brenda C. Snipes,
SUPERVISOR OF ELECTIONS OF BROWARD COUNTY
(hereinafter referred to as the "Supervisor")
AND
CITY OF DANIA BEACH
A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
(hereinafter referred to as "City", "Town" or "Village")
WITNESSETH:
WHEREAS, BRENDA C. SNIPES, is the Supervisor of Elections of Broward County,
Florida, pursuant to the provisions of Article VIII Section 1(d) of the Florida Constitution and
serves in that capacity as a Constitutional Officer and under the State of Florida Election Code;
and
WHEREAS, the Supervisor has specific duties, functions, and responsibilities described
in the State of Florida Election Code contained in Chapters 97 through 106 of the Florida
Statutes, as amended from time to time; and
WHEREAS, among the duties and functions of the Supervisor is the engagement,
training, and assigning pollworkers, including Voting Systems Technicians (VST) in
connection with Federal, State, County, and certain Municipal and District elections described
in Chapter 102, Florida Statutes, including the appointment of election boards consisting of an
inspector and a clerk who shall perform their duties and functions as provided for in the State
Election Code; and
WHEREAS, Chapter 75-350, Laws of Florida (Special Acts, 1975 [the "Act"]), as
amended, provides for a uniform filing and election date for all municipal elections conducted
in Broward County, Florida, in addition to setting forth the requirements for qualification to
office, the conducting of elections and other matters affecting all municipalities within Broward
County, Florida; and
WHEREAS, during general elections conducted by the Supervisor, pollworkers are
hired by the Supervisor and function as her employees during the course of such elections;
however, in municipal elections, the aforesaid pollworkers are selected and hired by the
individual municipalities whose compensation is derived and paid for by such municipalities
for municipal elections described in the aforementioned Act; and
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WHEREAS, for convenience, consistency and the proper and efficient conduct of
municipal elections, it is common for municipalities in Broward County to specifically request
that the Supervisor select, train, and work directly with the pollworkers during municipal
elections, however, all payment due municipal election day pollworkers is the responsibility of
the requesting municipality for these specific services: and
WHEREAS, the Supervisor possesses the requisite legal authority, expertise,
personnel, and equipment to assist a municipality in selecting, engaging, training, and working
directly with pollworkers in the City's election; and
WHEREAS, the City desires to delegate and to assign to the Supervisor the power,
duty, and authority to select pollworkers for municipal elections pursuant to the terms,
conditions, and provisions of this Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged by the parties, the parties
hereto agree as follows:
ARTICLE 1.0
Recitals
1.1 The above recitals are true and correct and are incorporated herein as if set forth
in full hereunder.
ARTICLE 2.0
Duties of Supervisor
2.1 The Supervisor shall conduct the municipal election to be held by the City of
Dania Beach on the 9`s day of March, 2010 and the 13`h day of April, 2010, in accordance with
the State of Florida Election Code, as amended from time to time.
2.2 At the request of the City, the Supervisor shall select, assign, and train the
requisite number of pollworkers for the aforesaid election.
2.3 The Supervisor's decision as to placement and location in precincts and polling
places for such designated pollworkers shall be determined by the Supervisor in her sole and
absolute discretion, upon and subsequent to the execution of this Agreement.
2.4 The Supervisor shall provide City with payroll sheets after said election(s) for
the purpose of the City's payment of said Election Day workers.
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ARTICLE 3.0
City's Obligations
3.1 The City hereby engages the services of the Supervisor of Elections, as set forth
in this Agreement in connection with the engagement and assigning of pollworkers for all City
elections subject to the terms hereof and unless terminated by either party.
3.2 The City shall properly and timely pay pollworkers as required by law and upon
City checks or warrants issued directly to the pollworkers.
3.3 The City shall set the rate of pay for pollworkers. The Supervisor of Elections
will advise the City of current pay scale for County elections.
3.4 The City shall permit and hereby authorizes the Supervisor of Elections to
engage the Broward County Sheriff to assign and place poll deputies for each of the precincts
or polling places for said election referred to in this Agreement. Poll deputies should be
considered pollworkers for purposes of payment only. The City will also be responsible for
directly paying for each of these deputies in the same manner as described in Articles 2.4, 3.2
and 3.4 of this Agreement.
ARTICLE 4.0
Indemnification
4.1 To the extent permitted by law, the City shall indemnify, hold harmless and
defend the Supervisor from and against any and all claims, causes of action, which may arise
out of the engagement and assignment of pollworkers by the Supervisor or the performance of
any of the obligations imposed upon the Supervisor by this Agreement. This indemnification
and hold harmless provision shall be liberally construed in favor of the Supervisor and shall
apply nonetheless to the extent permitted by law. This indemnification shall permit the
Supervisor the right to retain legal counsel of her choosing in any matter or proceeding to
which or for which this indemnification arises. Nothing contained herein is intended nor shall
be construed to waive the City's rights and immunities under the common law or Florida
Statutes Section 768.28, as amended from time to time.
ARTICLE 5.0
Notices
5.1 All notices, consents, approvals, waivers, and elections which any party shall
require or shall desire to make or give under this Agreement shall be in writing and shall be
sufficiently delivered:
5.1.1 when mailed by certified mail, postage prepaid, return receipt requested;
5.1.2 by hand delivery to the named individuals representing the party to be notified;
or
4 RESOLUTION#2009-231
5.1.3 by private parcel delivery services, or facsimile transmission for which a receipt
is provided to the notifying party. Notices, including notice of a change of address or number,
shall be addressed or transmitted to the addresses and telephone numbers set forth below, that a
parry may be designated in the manner prescribed herein:
As to the Supervisor: Dr. Brenda C. Snipes, Supervisor of Elections
115 S. Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
Telephone No. (954)357-7061
With Copy To: Burnadette Norris-Weeks, Esq.
Burnadette Norris-Weeks, P.A.
401 North Avenue of the Arts
Fort Lauderdale, FL 33311
Telephone No. (954)768-9770
As to City: Louise Stilson, City Clerk
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Telephone No. (954) 924-6800 x 3623
With Copy to: Thomas J. Ansbro, City Attorney
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Telephone No. (954) 924-6800 x 3635
5.2 Notices, consents, approvals, waivers, and elections given or made as aforesaid
shall be deemed to have been given and received on the date of the mailing, delivery, or
transmission. When requested by either party, the other shall furnish receipts, paid bills or
documents to reasonably verify facts or representations made or pursuant to the requirements
of this Agreement.
ARTICLE 6.0
Disputes
6.1 Should a dispute arise regarding the interpretation of this Agreement, or in
performance of either party hereunder, and should a court action be commenced, the ultimate
prevailing party shall be entitled to receive reasonable attorney's fees and costs at both the trial
and appellate levels, including the cost and expense of paralegals. Any litigation arising from
this Agreement shall be prosecuted in Broward County, Florida.
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ARTICLE 7.0
Miscellaneous
7.1 It is further agreed that no modification, amendment, or alteration in the terms
and conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
7.2 Any portion of this agreement that is deemed unconscionable, unconstitutional,
or otherwise invalid, shall be severed from the agreement and the rest of the agreement shall
remain in full force.
7.3 The terms, provisions, covenants, and conditions herein shall be construed
solely in accordance with the laws of the State of Florida.
7.4 This Agreement shall be binding upon and shall inure to the benefit of the
successors and assigns of each of the parties hereto.
7.5 The parties hereto and their successors and assigns shall not record this
Agreement amongst the Public Records of Broward County, Florida.
RESOLUTION#2009-231
Signed in the presence of: As to City
CITY OF DANIA BEACH, FLORIDA
A Municipal Corporation of the State of Florida
BY:
ATTEST: Robert Baldwin, City Manager
Louise Stilson, CMC, City Clerk
STATE OF FLORIDA )
COUNTY OF BROWARD )
THE FOREGOING INSTRUMENT was acknowledged before me this day of
December, 2009, by Robert Baldwin, who is personally known to me.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
7 RESOLUTION#2009-231
As to Supervisor
SUPERVISOR OF ELECTIONS OF
BROWARD COUNTY, FLORIDA
WITNESSES:
BY:
Supervisor of Elections
Print Name
Print Name
STATE OF FLORIDA )
COUNTY OF BROWARD )
THE FOREGOING INSTRUMENT was acknowledged before me this day of
2009, by Brenda C. Snipes, who is personally known to me.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
8 RESOLUTION#2009-231