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Home My WebLink AboutORANGE, COUNTY OF (11)ouHANCE ON FILE r`Q1Q lK MAY PROCEED iiJO'ILINSURANCE EXPIRES �tQ N CLERK OF COUNCIL Registrar of Voters 1300 S Grand Ave, Building C Santa Ana Return ORIGINAL executed copy to COTC, M•30 VOTE CENTER ENTRY PERMIT (LICENSE) CSHL�)ISiI�iaC�e�aS� i,6 N-2020-148 THIS IS A LICENSE TO ENTER ("Permit") executed September 8, 2020 ("Effective Date"), by and between CITY OF SANTA ANA, (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 SALVADOR COMMUNITY CENTER PERFORMANCE HALL property located at 1825 W Civic Center Dr, Santa Ana, CA ("Property") on October 23, 2020, and terminating on November 1L2020 ("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 Staff Hours Vote Center Public Hours Wednesday, October 28 8am— 5pm n/a Thursday, October 29 8am — 5pm n/a Friday, October 30 7:30am-9pm 8am-8pm Saturday, October 31 730am- m 8am-8 m Sunday, November 1 7:30am-9pm 8am-8pm Monday, November 2 7:30am-9 m 8am-8pm Tuesday, November 3 6:30am-IOpm 7am-8pm Wednesday November 4 8am — 5pm n/a DL: 1825 W Civic Center Dr, Santa Ana Page 1 of7 Vote Center Entry Permit (Government Facility) Registrar of Voters Vote Center Equipment Delivery and Pick -Up Delivery Date Period: Friday, October 23 through Tuesday, October 27 Pick-up Date Period: Thursday, November 5 through Tuesday, November 10 Permitter shall provide County staff with the means necessary to access the Property no later than Wednesday, October 28, 2020. 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, October 16, 2020. 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. 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. DL: 1825 W Civic Center Dr, Santa Ana Page 2 of7 Vote Center Entry Permit (Govenunent Facility) Registrar of Votem 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 October 26, 2020. 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 November 10, 2020. 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. 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. 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. 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 DL: 1825 W Civic Center Dr, Santa Ana Page 3 of7 Vale Center Entry Permit (Govenmlent Facility) Registrar of Votela resulting therefrom and damage to property, resulting from any act or occurrence arising out of County use of the Property, including, without limitation, 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 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 Agreement, 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 Agreement, County shall furnish to City a Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Agreement. e. County shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. 8. ASSIGNMENT AND SUBAGREEMENTS. Any assignment of this Permit requires the prior written approval of Permitter, which approval will not be unreasonably withheld, conditioned or delayed. 9. EMPLOYMENT. No County employee shall be considered as an employee of the Permitter under the jurisdiction of Permitter , 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 Permit , is not acting as an agent, officer, or employee of Permitter. 10. CONDITION OF LICENSE AREA UPON TERMINATION. Except as otherwise agreed to herein, at its sole cost, County shall, at the expiration or earlier termination of this Agreement, restore the Permit Area to its original condition in which it existed immediately prior to the Agreement, 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. 11. 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. DL: 1825 W Civic Center Dr, Sanh Ana Page 4 of7 Vote Center Entry Permit (Government Facility) Registrar of Voters 12. NOTICES: All written notices pursuant to this Permit shall be addressed as set forth below or as either Parry 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 City of Santa Ana Registrar of Voters 20 Civic Center Plaza Facilities Services Santa Ana, CA 92702 1300 South Grand Avenue Attention: Daisy Gomez Building C dog mezAsanta-ana.org Santa Ana, CA 92705 Attention: Administrative Manager With copies to: Email: Kimberly.Golden@rov.ocgov.com City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: Lisa Rudloff lrudloff iDsanta-ana.org City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: City Manager --Signatures Follow— DL: 1825 W Civic Cemer Dc, Sawa Ana Vote Cemer Entry Pennit (Government Facility) Regir;.r of Voters Pages of7 N-2020-148 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 RECOMMENDED FOR APPROVAL: - Kt4� Lisa Rudloff Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana By"—� Kristine Ridge City Manager ATTEST: t Daisy Gomez 7--Clerk of Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �faun4- A, R Laura A. Rossini Acting Chief Assistant City Attorney COUNTY COUNTY OF ORANGE By / V Neal Kelley, Registrar of Vot Per Resolution No. 20-091 and Minute Order dated July 14, 2020 Date: 1.1 Z 3 /hp DLt 1825 W Civic Center Dr, Santa Ana Page 6 of7 Vote Center Entry Penn it (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 Registrar of Voters within 20 days before the event if the facility cannot provide tables and chairs. 2. If Permitter Staff is assigned to open facility and is running late, they are to contact the County immediately at (714) 954-1901. 3. Permitter shall provide soap, water, paper towels in restrooms to ensure proper hygiene. Provide stock supplies available over the weekend. 4. Permitter shall provide to County facility primary contact and emergency contact information. 5. 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 Ann Fag. 7 of 7 Vote Cantor Entry Pemit (Covenunent Facility) Rogishar of Votela • COUNTY OF ORANGE .. CERTIFICATE OF SELF-INSURANCE Office of Risk Management, 601 N. Ross Street, Sth Floor, Santa Ana, CA 92701 Coverage: This is to certify that the County of Orange is self -insured for the following coverage: Type of Coverage Self -Insurance Limit General Liability: Bodily Injury and Property Damage $1,000,000 per occurrence $2,000,000 per aggregate Automobile Liability - Vehicles owned, non -owned, and hired $1,000,000 per occurence Workers' Compensation - $20,000,000 SIR applies Employers' Liability Statutory $1,000,000 per occurrence Terms. Conditions and Special Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers, agents and employees. Cancellation: Should any of the above described self -insured coverage be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Indemnified Party: City of Santa Ana, its officers, employees, agents, volunteers and representatives pursuant to the terms of the Vote Center Entry Permit. Certificate Holder City of Santa Ana 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ATTN: Risk Management Division 'ION 1825 W. Civic Center Dr., Santa Ana. CA 92701 RE: Vote Center - El Salvador Community Center Performance Hall DATE: October 23, 2020 - November 10, 2020 Effective Date: 10/23/20 Expiration Date: 11/10/20 Rhonda Marshall Risk Management 4) 285-5500 .e Certificate F4M,6:.0 P.. VSAVAl Risk Management Analyst