HomeMy WebLinkAboutORANGE, COUNTY OF (33)NSURANCE NOT RGOI11RED
llIVIp'WORK Wi rRJCEED
CLERK OF COUNCIL
DATE
Registrar of voters Return FULLY EXECUTED
1300 S Grand Ave, Building C
Santa Ana COPY to COTC, M-30
N-2022-078
VOTE CENTER ENTRY PERMIT (LICENSE)
C r,o)C-,P\)4
THIS IS A LICENSE TO ENTER ("Permit") executed March 1, 2022 ("Effective Date"), by and
between CITY OF SANTA ANA, (hereinafter referred to as "Permitter") and the COUNTY OF
c 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
c�4 individually refereed to as "Party" or jointly as "Parties."
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 EL SALVADOR COMMUNITY CENTER, PERFORMANCE HALL property located at 1825
W CIVIC CENTER DR, SANTA ANA, CA ("Property") on May 24, 2022, and terminating on
June 14, 2022 ("Term"). County will not assign this Entry Permit 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
8am - 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
6:30am— 10 m
7arn— 8pm
Wednesday, June 8
8am— 5pm
n/a
DL: 1825 W Civic Center Dr, Santa Ana 1 ofs
Vow Center Entry Permit (Government Facility)
Registrar of Voters
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.
DL: 1825 W Civic Center Dr, Santa Ana 2 US
Vote Center Eitry Permit (Government Facility)
Registrar 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 event judgment
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: 1825 W Civic Center Dr, Santa Ana 3 of8
Vote Center entry Permit (Government Facility)
Registrar of Vatets
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 ofnot 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.
l l . NOTICES: All written notices pursuant to this Permit shall be addressed asset 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: t825 W Civic Center Dr, Santa Ana 4 of8
Vote Center Entry Permit (Govermnent 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
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: Daisy Gomez
dgomez@santa-ana.org
--Signatures Fellow—
DL. 1825 W Civic Center Dr, Santa Ana 5 of 8
Vote Center Ratty Permit (Govenment racility)
Rc&Uar of Votcta
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
"cputy
Date: TEMPLATE APPROVED 07212020
DL: t825 W Civic Center Dr, Santa Ana
Vote Center Entry Permit (Govermnent Facility)
Registrar of Voters
PERMITTER
City of Santa Ana
By: See attached signature page
Name
Title
COUNTY
COUNTY OF ORANGE
Bob Page,
Registrar of Voters
Per Resolution No. 20-091
and Minute Order dated July 14, 2020
Date:
6 of
N-2022-078
ATTEST:
AISY GOMEZ
-��M
'Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By f a.. N. ��a v-
Laura A. Rossini
Chief Assistant City Attorney
I.]0le]ah51d21INall a]:7\»:7�]r/_\R
ZtRutive Director of
Parks, Recreation & Community Services Agency
CITY OF SANTA ANA
i
KffiSTINE GE
City Manager
DL: 1825 W Civic Center Dn, Santa Ana 7 of8
Vote Center Entry Permit (Government Facility)
RegistlarofVoW.
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.
DL, 1825 W Civic Center Dr, Santa Ana 8 of 8
Vote Cooler Entry Pemtit (Government Facility)
Regis"r of Voters