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Home My WebLink AboutAGR-7231 - ORANGE COUNTY REGISTRAR OF VOTERS - VOTE CENTER ENTRY PERMIT (LICENSE) - EL MODENA BRANCH LIBRARY COMMUNITY ROOMa3} Registrar of Voters 1300 S Grand Ave,Building C Santa Ana VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER("Permit")executed July 16,2021 ("Effective Date"),by and between CITY OF ORANGE,(hereinafter referred to as"Permitter")and the COUNTY OF ORANGE,a political subdivision of the State of California(hereinafter referred to as"County"or"Permittee")without regard to number or gender. Permitter and County may sometimes hereinafter be individually referred to as Party" or jointly as "Parties." 1. PURPOSE: Pursuant to Section 12283 of the Election Code,which authorizes an Election Official to request the use of a public building to be used as a polling place or voting center as needed, and to provide in-person voting sites for voters, Permitter hereby grants to County use of the EL MODENA BRANCH LIBRARY, COMMiTNITY ROOM property located at 380 S HEWES ST, ORANGE, CA Property") on August 30, 2021, and terminating on September 21, 2021 ("Term"). 2. AREA AND USE: Permitter grants County and its invitees and licensees permission to enter and use the Property described above for the purpose of providing a vote center for voters. County agrees not to use the Property for any other purpose, nor to engage in or permit any other activity within or from the Property. County further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the Property and to comply with all governmental laws and regulations in connection with its use of the Property. 2.1. DATES AND HOURS OF USE AND ACCESS: Permitter specifically grants County and its invitees and licensees permission to enter and use the Property for the purpose of providing an early voting location as follows: Vote Center Dates Vote Center Vote Center Staff Hours Public Hours Friday, September 3 8am- Spm n/a Saturday, September 4 7:30am- 6pm 8am-Spm Sunda , Se tember 5 7:30am- 6 m 8am-Spm Monday, Se tember 6 7:30am - 6pm 8am-Spm Tuesda , Se tember 7 7:30am- 6 m 8am-Spm Wednesday, September 8 7:30am- 6 m 8am-Spm Thursday, September 9 7:30am- 6 m 8am-Spm Friday, September 10 7:30am- 6 m 8am-Spm Saturday, September 11 7:30am- 9 m g- gPm Sunday, September 12 7:30am- 9 m g - gPm Monday, September 13 7:30am - 9 m g - gPm DL:380 S I-IEWES ST,ORANGE Page 1 of 6 Vote Center Entry Permit(Govemment Facility) Registraz of Voters i uesday, September 14 6:30am- 10 m gpm Wednesday, September 15 8am- 5' m a I i Vote Center E ui ment Delive and Pick-U Delivery Date Period: Monday, August 30 through Wednesday, September 1 Pick-u Date Period: Thursda , Se tember 16 through Tuesday, Se tember 21 i Permitter shall provide County staff with the means necessa,'ry to access the Property no later than Thursday, September 2, 2021. If Permitter is unable or unwilling to provide County staff with the means necessary to access the Property, Permitter shall provi de staff to open and close the Property during the hours stated in the table above. Permitter shall provide any necessary parking passes to County staff no later than Friday, August 20, 2021. 2.2. PROPERTY EQUIPMENT AND SUPPLIES.The Permi'tter acknowledges and agrees that it will supply the County with the equipment and supplies listed in Attachment l. PERMITTER OBLIGATIONS. The Permitter acknowledges that the Gounty must have exclusive access to the Property during the dates and hours described in Section 2.1, above. To that end, the Permitter agrees to the following: 2.3.1. The Permitter shall secure the Property. 2.3.2. The Permitter shall prohibit access to the Property for purposes other than elections operations. i 2.3.3. The Permitter shall provide 2 designated parking stalls for the County's exclusive use for placement of a temporary portable storage containe,'r for equipment and supplies. 2.3.4. The Permitter shall not disrupt, or allow to be disrupted, the organization or layout of the Property. 2.3.5. The Permitter shall not schedule, or allow to b'e scheduled, events or activities on the Property. 2.3.6. The Permitter shall provide restroom access for County staff. 2.3.7. The Permitter shall provide free parking for voters and County staff. 2.3.8. The Permitter shall provide electricity, including but not limited to, functioning electrical outlets on the Property. 2.3.9. The Permitter shall ensure the Property has adequate lighting both inside the Property and outside the Property. 2.3.10. The Permitter shall, if identified by County, allow for drive-thru VBM option in their parking lot that would allow the voter's to drop-off their ballot without exiting their vehicles. Logistics and set up will be responsibility of County staff. DL:380 S HEWES ST,ORANGE Page 2 of 6 Vote Center Entry Permit(Govemment Facility) Registraz of Voters I i 2.4. E UIPMENT DELIVERY DATES. The Permitter shall coordinate with the County designated equipment delivery company to establish a mutually agreed upon date and time for portable storage container delivery for delivery no later than Augu'st 20, 2021. i I 2.5. EQUIPMENT REMOVAL DATES. The Permitter shallicoordinate with the County designated equipment delivery company to establish a mutually agreed upon date and time for portable storage container removal which shall occur no later thanl September 21, 2021. I 3. UTILITIES. MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall provide air conditioning and/or heating on the Property during the dates and hours described in Section 2.1,above. I Permitter shall be responsible for all maintenance and repairs(including but not limited to: fire alarm, HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance and repairs arise out of County's negligence or intentional acts not in accordance with the uses permitted herein,per Clause 2 (AREA AND USE) above, and excluding normal wear and tear. Couniy shall be responsible for payment of any janitorial service, telephone service, cable service, internet service, and any other costs not provided for in this section. i 4. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter against any and all claims, loss, demands, damages,cost, expenses or liability arising out of the use of the Property, except for liability arising out of the concurrent active or sole negligence of, Permitter including the cost of defense of any lawsuit arising therefrom. In the event Permitter is named as co- defendant, County shall notify Permitter of such fact and shal l represent Permitter,in such legal action unless Permitter undertakes to represent itself as co-defend'ant in such legal action, in which event County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the event judgment is entered against County and Permitter because of the concurrent active negligence of County and Permitter,their officers,agents,or employees,an apportionnient of liability to pay_such judgment shall be made by a court of competent jurisdiction. Neither Party;shall request a jury apportionment. 5. ATTORNEYS' FEES: In any action or proceeding to enforce or interpret any provision of this Permit, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorneys' fees, costs and expenses. 6. GOVERNING LAW AND VENUE: This Permit has been negotiated and executed in the State of California and shall be governed by and construed under tfie laws of the State of California. In the event of any legal action to enforce or interpret this Permit, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, riotwithstanding Code of Civil Procedure Section 394. 7. NOTICES: All written notices pursuant to this Permit shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail. Any written correspondence between the Parties shall be addressed as follows: DL:380 S HEWES ST,ORANGE Page 3 of 6 Vote Center Entry Permit(Government Facility) Registraz of Voters COUNTY PERMITTER County of Orange City of Orange Registrar of Voters 300 E Chapman Ave Facilities Services Orange, CA 92866 1300 South Grand Avenue Attention: Pamela Coleman Building C pcoleman@cityoforange.org Santa Ana, CA 92705 Attention: Administrative Manager Email: Kimberly.Golden@rov.ocgov.com Signatures Follow-- DL:380 S HEWES ST,ORANGE Page 4 of 6 Vote Center Entry Permit(Government Facility) Re istrar of Voters IN WITNESS WHEREOF,the Parties have executed this agreement the day and year first above written. APPROVED AS TO FORM: PERMITTER Office of County Counsel Orange County, California City of Orange 3 p I By A$.S fAr f Ci"I mA-rJA G I Name Title Date: TEMPLATE APPROVED 07212020 Date: ,I 2r- COUNTY COUNTY OF ORANGE. By r Neal Kelley; Registrar of Vot Per Resolution o. 20-091 and Minute Order dated July 14,2020 APPROVED AS T'0 FQR,M Date: "7.' f a MA E. INNING Senior A sistant City Attorn v I I DL;380 S HE WES ST,ORANGE Page.5 of 6 Vote Center Entry Pemiit(Government Facility) Registrar of Voters ENTRY PERMIT (LICENSE) Attachment 1 Pursuant to Section 2.2 of this Permit, Permitter shall 1. Provide four(4) six-foot tables and six (6) chairs. If Permitter is unable to provide this equipment, it shall notify the County within 20 days before the event if the facility cannot provide tables and chairs. 2. Remove any and all items, except for the provided tables and chairs, if applicable. 3. If Permitter Staff is assigned to open facility and is running late,they are to contact the County immediately at 714) 954-1901. 4. Permitter shall provide soap,water,paper towels in restrooms to ensure proper hygiene.Provide stock supplies available over the weekend. 5. Permitter shall provide to County facility primary contact and emergency contact information. 6. The designated area for POD placement will be in close proximity to the building and be finalized 20 days before Election period begins. DL:380 S HEWES ST,ORANGE Page 6 of 6 Vote Center Enhy Permit(Govemment Facility) Registrar of Voters