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Home My WebLink AboutORANGE, COUNTY OF (32)INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE. Registrar of voters 1300 S Grand Ave, Building C Santa Ana Return FULLY EXECUTED copy to COTC, M-30 p C A C_ VOTE CENTER ENTRY PERMIT (LICENSE) PCL? THIS IS A LICENSE TO ENTER ("Permit") executed Marc @Nx between CITY OF SANTA ANA, (hereinafter referred to as N-2022-07 h 1. PURPOSE: Pursuant to Section 12283 and 12284 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 free of charge, Permitter hereby grants to County use of the ROOSEVELT-WALKER COMMUNITY CENTER, MULTIPURPOSE ROOM property located at 816 E CHESTNUT AVE, SANTA ANA, CA ("Property") on May 24, 2022, and terminating on June 14, 2022 ("Term"). County will not assign this Entry Perrut and/or License. 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 Staff Hours Vote Center Public Hours Wednesday, June 1 8am - 5pm n/a Thursday, June 2 8am - 5pm n/a Friday, June 3 gain - 5pm n/a Saturday, June 4 7:30am - 9pm 8am - 8pm Sunday, June 5 7:30am - 9pm 8am - 8pm Monday, June 6 7:30am - 9 m 8am - 8pm Tuesday, June 7 6:3Oam— 1 Opm 7arn— 8pm Wednesday, June 8 gain _ 5prn n/a DL: 816 E Chestnut Ave, Santa Ana Vote Center Entry Permit (Government Facility) Registrar of Voters 1 of8 Vote Center Equipment Delivery and Pick -Up Delivery Date Period: Thursday, May 26, 2022 through Wednesday, June 1, 2022 Pick-up Date Period: Thursday, June 9, 2022 through Tuesday, June 14, 2022 Permitter shall provide County staff with the means necessary to access the Property no later than Tuesday, May 31, 2022. If Permitter is unable or unwilling to provide County staff with the means necessary to access the Property, Permitter shall provide 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, May 20, 2022. 2.2. PROPERTY EQUIPMENT AND SUPPLIES. The Permitter acknowledges and agrees that it will supply the County with the equipment and supplies listed in Attachment 1. PERMITTER OBLIGATIONS. The Permitter acknowledges that the County 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. 2.3.3. The Permitter shall provide 2 designated parking stalls for the County's exclusive use for placement of a temporary portable storage container 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 be 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 and functioning 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. OL: 816 8 Chestnut Ave, Santa Ana 2 0£8 Vote Center Enhy Permit (Govermnent Faodity) Regis'Mr of Voters 2.4. EQUIPMENT 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 May 20, 2022. 2.5. EQUIPMENT REMOVAL 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 removal which shall occur no later than June 14, 2022. 3. UTILITIES AND MAINTENANCE: 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. 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. 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 shall represent Permitter, in such legal action unless Permitter undertakes to represent itself as co-defendant in such legal action, in which event County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the eventjudgment is entered against County and Permitter because of the concurrent active negligence of County and Permitter, their officers, agents, or employees, an apportionment 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 the 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, notwithstanding Code of Civil Procedure Section 394. 7. INSURANCE REQUIREMENTS. a. County shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from an act or occurrence arising out of County use of the Permit Area, including, acts involving County vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount DL: 816 E Chestnut Ave, Santa Ana 3 o1`8 Vole Center Etary Pemdt (Government Facility) Regishar of Voters of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. County shall maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Pursuant to state law, County is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of services under this Permit, County agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Certificate of Self -Insurance: Prior to execution of this Permit, County shall furnish to City a Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Permit. e. County shall maintain the foregoing insurance coverages in force throughout the term of this Permit. EMPLOYMENT. No County employee shall be considered as an employee of the Permitter under the jurisdiction of Licensor, nor shall such County employees have any Permitter pension, civil service, or other status while an employee of County. County shall have no authority to contract on behalf of Permitter. It is expressly understood and agreed by both Parties hereto that County, while engaged in carrying out and complying with any terms of this License, is not acting as an agent, officer, or employee of Licensor. 9. CONDITION OF PERMIT AREA UPON TERMINATION. Except as otherwise agreed to herein, at its sole cost, County shall, at the expiration or earlier termination of this Permit, restore the Permit Area to its original condition in which it existed immediately prior to the Permit, leave the Permit Area in a neat and clean condition to the sole satisfaction of City, free of trash, and debris, and remove all property and materials of County. 10. RELATIONSHIP OF PARTIES. The relationship of the parties hereto is that of Permitter and County, and it is expressly understood and agreed that Permitter does not in any way or for any purpose become a partner of or a joint venture with County in the conduct of County's business or otherwise. 11. 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: 816 E Chestnut Ave, Santa Ana 4 of 8 Vote Center Entry Permit (Government Facility) Registrar of Voters COUNTY County of Orange Registrar of Voters Facilities Services 1300 South Grand Avenue Building C Santa Ana, CA 92705 Attention: Administrative Manager Email: Kimberly.Hostler@ocvote.gov PERMITTER City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: Daisy Gomez dgomez@santa-ana.org --Signatures Follow— DL: 816 E Chestnut Ave, Santa Ana 5 of8 Vote Center Entry Permit (Government Facility) Registrar of Voters IN WITNESS WHEREOF, the Parties have executed this agreement the day and year first above written. APPROVED AS TO FORM: Office of County Counsel Orange County, California B duty Date: TEMPLATE APPROVED 07212020 DL: 816 E CI.Awt Ave, Santa Ana Vote Center Entry Permit (Government Facility) 2eglstmrofVotess City of Santa Ana By: See attached signature page Name Title Date: COUNTY COUNTY OF ORANGE a Bob Page, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 6 of - (2 . e cQ \ Scope of Work The goal for La Academia is to educate, motivate, inspire, and mobilize our community through soccer. Our program will focus on providing all levels of soccer to our community, as well as giving access to the social, emotional, and cultural capital needed for upward mobility in our society. Our recreational program will serve as the introduction to the game and program. We will be one of the few programs that will offer multiple training sessions during the week, capped by small games. The elite academy will provide a more intense and rigorous training by some of the best soccer trainers and coaches from our community. Here our academic requirements will go into effect in order to participate in all things La Academia will offer. From clinics, college tours, MLS games, international games, and international travel, La Academia will provide an experience that will be unmatched. Field request for recreational league • 1 field • 3-5pm; Monday -Friday Field-fequest-W-e"li a aca emy 11--i-field— tlpMendsy-Friday---=� ,• WPekends3a _Jnpm____, Summer soccer camp • 1 field KOL� • June 13th -August 4th • Monday -Friday; 8-4pm N-2022-077 ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: fQA.gn® N. Laura A. Rossini Chief Assistant City Attorney Parks, Recreation & Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager DL: 816 E Chestnut Ave, Santn Ana 7 of8 Vote Center Entry Permit (Government Facility) Registrar of Voters ENTRY PERMIT (LICENSE) Attachment I 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. GL: 816 E Chestnut Ave, Santa Ana 8 of 8 Vote Center Entry Pemnit (Govemment Facility) Registrar of Voters