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HomeMy WebLinkAboutAGMT - Orange County/ROV Vote Center Entry Permit (License) Fire Station 48 Community Room 3131 N Gate Rd• Registrar of Voters t , % 1300 S Grand Ave, Building C Santa Ana VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit") executed August 1, 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 CITY OF SEAL BEACH FIRE STATION 48, COMMUNITY ROOM property located at 3131 N GATE RD, SEAL BEACH, CA ("Property") on October 27, 2022, and terminating on November 15, 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 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 Equipment Delivery and Pick -Up Delivery Date Period: Thursday, October 27, 2022 through Wednesday, November 2, 2022 Pick-up Date Period: Thursday, November 10, 2022 through Tuesday, November 15, 2022 *Specific dates to be provided no later than October 14, 2022. Vote Center Dates Hours of Use* Wednesday, November 2 Sam — 5 m Thursday, November 3 8am — 5 m Friday, November 4 8am — 5 m Saturday, November 5 7:30am - 9 m Sunday, November 6 7:30am - 9 m Monday, November 7 7:30am - 9 m DL: 3131 N GATE RD, SEAL BEACH Page I of 7 Vote Center Entry Pennit (Government raciliry) v7.28.22 Registrar of Voters Tuesday, November 8 6:30am — 12am Wednesday, November 9 8ain — 5 rn *Vote Center hours are subject to change based on the operational needs presented by the election tunlout. Pennitter shall provide County staff with the means necessary to access the Property no later than Wednesday, November 2, 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. 2.2. PROPERTY EQUIPMENT AND SUPPLIES. The Pennitter acknowledges and agrees that it will supply the County with the equipment and supplies listed in Attachment 1. 2.3. PERMITTER OBLIGATIONS. The Pennitter 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 Pennitter 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 Pennitter 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 Pennitter 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 Pennitter shall provide free parking for voters and County staff. If parking passes are necessary for County staff parking, the passes shall be provided no later than Friday, October 14, 2022. 2.3.8. The Permitter shall provide electricity, including but not limited to, functioning electrical outlets on the Property. 2.3.9. The Pennitter 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: 3131 N GATE RD. SEAL BEAC11 Page 2 or7 Vote Center Entry I'ennit (Government Facility) v7.28.22 Registrar or Voters 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. 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. Upon mutual agreement in advance of a not to exceed cost, County 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 if approved in writing and noted in section 4 below. An estimated cost breakdown of fees shall be included in Attachment 2. 4. AUTHORIZATION FOR USE OF PROPERTY. Parties acknowledge and agree that the use of this property is provided pursuant to Elections Code section 12283. 4.1. PERMIT FEE: If applicable, County agrees to pay Permitter in arrears a one-time payment in an amount not to exceed N/A dollars ($N/A) as a fee for the use of the Property ("Permit Fee") during the Term. The Permitter will provide an invoice to the County on the Permitter's letterhead describing the service rendered and the permit fee amount. Invoice and support documentation are to be sent to: ROV Attn: Accounts Payable PO Box 11298 Santa Ana, CA 92711 Said Permit Fee shall be submitted to N/A. 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. 6. 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. 7. 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 DL: 3131 N GATE RD, SEAL BEACH Page 3 of 7 Vole Center Entry Pennit (Government Facility) v7.28.22 Registrar of Voters 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. 8. NOTICES: All written notices pursuant to this Pen -nit 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 snail, or seventy-two (72) hours after deposit in the United States Mail. Any written correspondence between the Parties shall be addressed as follows: COUNTY County of Orange Registrar of Voters Facilities Services 1300 South Grand Avenue Building C Santa Ana, CA 92705 Attention: Administrative Manager Email: Ieimberly.Hostler@ocvote.gov DL: 3131 N GATT RD. SEAL BEACH Vote Center Entry Pennit (Government Facility) v7.29.22 Registrar of voters PERMITTER CITY OF SEAL BEACH 211 8th St Seal Beach, CA 90740 Attention: Gloria Harper gharper@sealbeachca.gov --Signatures Follow -- Page 4 of 7 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 eputy Date: TEMPLATE APPROVED 07212020 DL: 3131 N GATE RD, SEAL BEACH Vote Center Entry Pennit (Government Facility) v7.28.22 Registrar of Voters PERMITTER CITY O"EAL BEACH Name: Gloria D. Title: City Clerk Date: 2?(/0 / COUNTY COUNTY OF ORANGE Bob Plage, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 Date:_-( 3 p 1 -2-2,- Page 5 of 7 ENTRY PERMIT (LICENSE) Attachment 1 Pursuant.to•Sq tion 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 Co -614y within 20 days before the event if the facility cannot provide tables and chairs. 2. Remove any and all items from Property (Voting Room referenced in Section 1), except for the provided tables and chaiys', if applicable. Said room shall be free and clear by Set Up Day. 3. Permitter shall provide soap, water, paper towels in restrooms to ensure proper hygiene. Provide stock supplies available over the weekend. 4. If Permitter Staff is assigned to open facility and is running late, they are to contact the County immediately at (714) 954-1901. 5. Penmitter 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: 3131 N GATE RD. SEAL BEACH Page 6 of 7 'Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters FEESCHEDULE Attachment 2 DL: 3131 N GATE RD. SEAL BEACH Page'7 of 7 Vote Center Entry Pennit (Govemtnent-Facility) v7.28.22 Re;istrar of Voters • Registrar of Voters g 1300 S Gland Ave, Building C Santa Ana VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit") executed August 1, 2022 ("Effective Date"), by and between CITY OF SEAL BEACH, (hereinafter referred to as "Permitter") and theL 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 CITY OF SEAL BEACH FIRE STATION 48, COMMUNITY ROOM property located at 3131 N GATE RD, SEAL BEACH, CA ("Property") on October 27, 2022, and terminating on November 15, 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 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 Equipment Delivery and Pick -Up Delivery Date Period: Thursday, October 27, 2022 through Wednesday, November 2, 2022 Pick-up Date Period: Thursday, November 10, 2022 through Tuesday, November 15, 2022 *Specific dates to be provided no later than October 14, 2022. Vote Center Dates Flours of Use* Wednesday, November 2 8am — 5 m Thursday, November 3 Sam — 5 m Friday, November 4 Sam — 5 m Saturday, November 5 7:30am - 9 m Sunday, November 6 7:30am - 9 m Monday, November 7 7:30am - 9 m Page 1 of 7 DL: 3131 N GATE RD, SEAL BEACH Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters Tuesday, November 8 6:30am —12am Wednesday, November 9 Sam — 5 m *Vote Center hours are subject to change based on the operational needs presented by the election turnout. Permitter shall provide County staff with the means necessary to access the Property no later than Wednesday, November 2, 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. 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. 2.3. 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. If parking passes are necessary for County staff parking, the passes shall be provided no later than Friday, October 14, 2022. 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: 3131 N GATE RD, SEAL BEACH Page 2 of7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters 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. 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. Upon mutual agreement in advance of a not to exceed cost, County 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 if approved in writing and noted in section 4 below. An estimated cost breakdown of fees shall be included in Attachment 2. 4. AUTHORIZATION FOR USE OF PROPERTY. Parties acknowledge and agree that the use of this property is provided pursuant to Elections Code section 12283. 4.1. PERMIT FEE: If applicable, County agrees to pay Permitter in arrears a one-time payment in an amount not to exceed N/A dollars ($N/A) as a fee for the use of the Property ("Permit Fee") during the Term. The Permitter will provide an invoice to the County on the Permitter's letterhead describing the service rendered and the permit fee amount. Invoice and support documentation are to be sent to: ROV Attn: Accounts Payable PO Box 11298 Santa Ana, CA 92711 ,Said Permit Fee shall be submitted to N/A. 5. 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. 6. 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. 7. 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 DL: 3131 N GATE RD, SEAL BEACH Page 3 of 7 Vote Center Entry Pennit (Government Facility) v7.28.22 Registrar of Voters 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. 8. 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: 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 DL: 3131 N GATE RD, SEAL BEACH Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters PERMITTER CITY OF SEAL BEACH 211 8th St Seal Beach, CA 90740 Attention: Gloria Harper gharper@sealbeachca.gov --Signatures Follow -- Page 4 of 7 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 wuty Date: TEMPLATE APPROVED 07212020 DL: 3131 N GATE RD, SEAL BEACH Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters PERMITTER a CITY O"EAL BEACH Im dame: Gloria D. Title: City Clerk Date: COUNTY COUNTY OF ORANGE By Bob Page, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 Date: t Page 5 of 7 ENTRY PERMIT (LICENSE) Attachment 1 ion 2.2 of this Permit, Permitter shall 1'$*':, .', 6o-�i`de;four t4) six-foot tables and six (6) chairs. If Permitter is unable to provide this equipment, it shall -=r <$o� tify th�`C6 � y within 20 days before the event if the facility cannot provide tables and chairs. . ti 2. ,Aemove anyfand}all items from Property (Voting Room referenced in Section 1), except for the provided ".tables and,'A , if applicable. Said room shall be free and clear by Set Up Day. 3. Permitter shall provide soap, water, paper towels in restrooms to ensure proper hygiene. Provide stock supplies available over the weekend. 4. If Permitter Staff is assigned to open facility and is running late, they are to contact the County immediately at (714) 954-1901. 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: 3131 N GATE RD, SEAL BEACH Page 6 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters FEESCHEDULE Attachment 2 DL: 3131 N GATE RD, SEAL BEACH Page 7 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters Winnie Bell From: Tagaloa, Adele <Adel e.Taga loa @ ocvote.gov> Sent: Friday, August 12, 2022 3:54 PM To: Gloria Harper Cc: Carrillo, Imelda; Fallon, Leah; Castro, Roxana; Tran, Thu Mai; Larraga, J; Charobee, David; Anthony Nguyen; Winnie Bell Subject: RE: City of Seal Beach - Vote Center Agreements - Statewide General Election 2022 Good afternoon Gloria, Attachment 2, page 7 is typically used for the few sites that has fees, like a hotel. All agreements that we sent will have a blank Attachment 2. All the best, Adele Tagaloa I Vote Center Site Lead I Orange County Registrar of Voters 1300 S Grand Avenue, Bid C I Santa Ana, California 92705 1714-567-7576 adele.tagaloa(@Ocvote.gov ORANGE COUNTY REGCSTRAR OF VOTERS From: Gloria Harper <gharper@sealbeachca.gov> Sent: Thursday, August 11, 2022 11:10 AM To: Tagaloa, Adele <Adele.Tagaloa@ocvote.gov> Cc: Carrillo, Imelda <Imelda.Carrillo@ocvote.gov>; Fallon, Leah <Leah.Fallon@ocvote.gov>; Castro, Roxana <Roxana.Castro@ocvote.gov>; Tran, Thu Mai <ThuMai.Tran@ocvote.gov>; Larraga, J <J.Larraga@ocvote.gov>; Charobee, David <David.Charobee@ocvote.gov>; Anthony Nguyen <anguyen@sealbeachca.gov>; Winnie Bell <wbell@sealbeachca.gov> Subject: RE: City of Seal Beach - Vote Center Agreements - Statewide General Election 2022 [Attention: This email originated from outside the County of Orange. Use caution when opening attachments or links. Good afternoon, Included in the Vote Center Agreements this year, on page 7 is a Fee Schedule — Attachment, 2; however, there is not a Fee Schedule attached. Please provide a copy at your earliest convenience for our records. Thanks, Gloria Harper, City Clerk City of Seal Beach 211 Eighth Street Seal Beach CA 90740 (562) 431-2527 Ext. 1305 Civility Principles: 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: Tagaloa, Adele <Adele.Tagaloa@ocvote.gov> Sent: Monday, August 01, 2022 3:03 PM To: Gloria Harper <gharper@sealbeachca.gov> Cc: Carrillo, Imelda <Imelda.Carrillo@ocvote.gov>; Fallon, Leah <Leah. Fallon @ocvote.gov>; Castro, Roxana <Roxana.Castro@ocvote.gov>; Tran, Thu Mai <ThuMai.Tran@ocvote.gov>; Larraga, J <I.Larraga@ocvote.gov>; Charobee, David <David.Charobee@ocvote.gov>; Anthony Nguyen <a nguyen @seal beachca.gov> Subject: City of Seal Beach - Vote Center Agreements - Statewide General Election 2022 Good afternoon We appreciate your support in partnering with us to host Vote Centers for the 2022 Statewide General Election. Attached are the Vote Center Agreements for signature for the following locations: >7 Day Vote Center Seal Beach Senior Center - Main Room 4 Day Vote Center City of Seal Beach Fire Station 48 - Community Room We are requesting the original signed agreements to be received by August 15, 202.2 or sooner. We can also arrange to pick up the original signed agreements from you. If we can be of any assistance, please do not hesitate to contact us. All the best, Adele Tagaloa I Vote Center Site Lead I Orange County Registrar of Voters 1300 S Grand Avenue, Bid C I Santa Ana, California 92705 714-567-7576 adele.tagaloa@ocvote.gov ORANGE COUNTY REGISTRAR OF 11 RS