HomeMy WebLinkAboutAGMT - Orange County/ROV (Vote Center Entry Permit (License) SB Senior Center Main Room 707 Electric Ave 01122022Registrar of Voters
1.300 S Grand Ave, Building C
Santa Ana
VOTE CENTER ENTRY PERMIT (LICENSE)
THIS IS A LICENSE TO ENTER ("Permit") executed January 12, 2022 ("Effective Date"), by and
between CITY OF SEAL BEACH (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 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 SEAL BEACH SENIOR CENTER, MAIN ROOM property located at 707 ELECTRIC AVE,
SEAL BEACH, CA ("Property") on May 17, 2022, and terminating on June 14, 2022 ("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 pennit 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 r
Vote Center
Staff Hours
Vote Center
Public Hours
Thursday, May 26
8am — 5 m
n/a
Friday, May 27
8am — 5 m
n/a
Saturday, May 28
7:30am - 6 m
8am - 5pm
Sunday, May 29
7:30am - 6 m
8am. - 5_ m.
Monday, May 30
7:30am - 6 m
8am. - 5pm
Tuesday, May 31
7:30am - 6 rn
8am - 5pm
Wednesday, June 1
7:30am - 6 m
8am - 5pm
Thursday, June 2
7:30am - 6 m
8am - 5pm
Friday, June 3
7:30am - 6 m
8arn - Spm
Saturday, June 4
7:30am - 9 m
8am - 8pm
Sunday, June 5
7:30am - 9 m
8am - 8pm
DL 707 Electric Ave, Seal Beach Page I ofd
Vote Center Entry Permit (Government Facility)
Registrar of Voters
Monday, June 6
7:30am - 9 m
8am - 8pm
Tuesday, June 7
6:30am — 10 0 . m
lam — 8pm
Wednesday, June 8
gam — 5 m,
n/a
I__ Vote Center Equipment Delivery and Pick -Up I
Delivery Date Period: Monday, May 23, 2022 through Wednesday, May 2S, 2022
Pick-up Date Period: Thursday, June 9, 2022 through Tuesday, June 14, 2022
Pennitter shall provide County staff with the means necessary to access the Property no later than
Tuesday, May 25, 2022. If Permitter is unable or unwilling to provide County staff with the means
necessary to access the Property, Pennitter 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 13,
2022.
2.2. PROPERTY EOUIPMENTAND 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 Pernitter 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.
DL 707 Electric Ave, Seal Beach Page 2 ol-6
Vote Center Entry Permit (Government Facility)
Registrar of Voters
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.
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.
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. 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 707 Electric Ave, Seal Beach Page 3 o1`6
Vote Center Entry Permit (Government Facility)
Registrarof 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.lIostlerLrov.ocgov.com
DL 707 Electric Ave, Seal Beach
Vote Center Entry Permit (Government Facility)
Registrar of Voters
PERMITTER
City of Seat Beach
211 8th St
Seal Beach, CA 90740
Attention: Gloria Harper
gharper@sealbeachca.gov
--Signatures Follow --
Page 4 of 6
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
e 11ty
Date: TEMPLATE APPROVED 07212020
PERMITTER
City of Seal ach
By
Name: Gloria D.
Title: City Clerk
Date: 01/22/2022
C_.
COUNTY OF ORANGE
By
NealKe ey,
Registrar o oters_
Per -Res on No. 20-091 _ {
and Minute Order dated July 14, 2020
Date: 0,
DL 707 Electric Ave, Seal Beach Page 5 of6
Vote Center Entry Permit (Government Facility)
Registrar of Voters
ENTRY PERMIT (LICENSE)
Attachment 1
Pursuant to Section'2.2 of this Pen -nit, 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 andis running late, they are to contact the County immediately at
(714) 954-1901.
4. Pennitter 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 707 Electric Ave, Seal Beach Page ti 06vote ceulerEntry permit (Govemmem racilhy)
Registrar al'Voters