The URL can be used to link to this page

Home My WebLink AboutORANGE, COUNTY OF (36)INSURANCE NOT REQUIRED N N C C`' WORK MAY PROCEED N-2022-311 ePa , CERK OF THE COUNCIL t— egrshar of Voters O 13005Grand Ave, Building C Return FULLY EXECUTED TESanta Ana copy to COTC M-30 nopy VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit') executed October 5, 2022 ("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" orjointly as "Parties." 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 SANTA ANA ZOO, PARKING LOT property located at 1801 EAST CHESTNUT AVE, SANTA ANA, CA ("Property") on November 6, 2022, and terminating on November 6, 2022 ("Term"). 2. AREA AND USE: Permtter 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: and Pick - Delivery Date Period: Wednesday, November 6, 2022 Pick-up Date Period: Wednesday, November 6, 2022 Vote Center Dates Hours of Use* Wednesday, November 6 8am — 5pm *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 6, 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 DL: 1801 E Chestnut Ave, Santa Ana, CA Page 1 of8 Vote Center Entry Permit (Government Facility) Pop -Up v9.922 Registrar of Voters 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 provide 2 designated parking stalls for the County's exclusive use for placement of a temporary portable storage container for equipment and supplies. 2.3.2. The Permitter shall not disrupt, or allow to be disrupted, the organization or layout of the Property. 2.3.3. The Permitter shall not schedule, or allow to be scheduled, events or activities on the Property. 2.3.4. The Permitter shall provide restroom access for County staff. 2.3.5. The Permitter shall provide free parking for voters and County staff. UTILITIES, MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall be responsible for all maintenance and repairs (including but not limited to: 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. 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 ($0.00) 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 DL: 1801 E Chestnut Ave, Santa Ann, CA Page 2 of 8 Vote Center Entry Permit (Covenunent Facility) Pap -Up v9.9.22 Registrar o£ Voters 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. 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. hi 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. 8. 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 of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the Permitter, 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 Permitter; 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 Permitter a Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Permit. DL: 1801 E Chestnut Ave, Santa Ana, CA Page 3 oP8 We Center Entry Punrit (Govermne rt Facility) Pop -Up v9.9.22 Registrar of Voters C. County shall maintain the foregoing insurance coverages in force throughout the term of this Permit. 9. 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 City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 --Signatures Follow— DL: 1801 E Chestnut Ave, Santa Ana, CA Page 4 of 8 Wt. Centcr Entry Permit (Government Facility) Pop -Up v9.9.22 Rcgistmr arvotem 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�� 0—�l Date: TEMPLATE APPROVED 07212020 City of Santa Ana By See attached page Name Title Date: COUNTY COUNTY OF ORANGE By Bob Page, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 [additional signatures to follow] DL: 1801 E Chestnut Ave, Santa Ann, CA Page 5 of8 Vote Center Entry Permit (Government Facility) Pop -Up v9.9.22 Registrar of Vaters ATTEST: CITY OF SANTA ANA 1, `\ KRIS INE RIDGM ,(;e Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: hn M. Funk Chief Assistant City Attorney DL: 1801 E Chestnut Ave, Santa Ana, CA Page 6 of 8 Vote Center Entry Petanit (Govertunent Facility) Pop -Up v9.912 Registrar of Voters ENTRY PERMIT (LICENSE) Attachment 1 Pursuant to Section 2.2 of this Permit, Permitter shall 1. Remove any and all items from Property, except for the provided tables and chairs, if applicable. 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 to County facility primary contact and emergency contact information. DL: 1901 E Chestnut Ave, Santa Ana, CA Page 7 of 8 Vote Center Entry Permit (Government Facility) Pop -Up v9.9.22 Register of Voters FEESCHEDULE Attachment 2 N/A DE: 1801 E Chestnut Ave, Santa Ana, CA Page 8 of 8 Vote Center Entry Permit (Government Facility) Pop -Up v9.9.22 Registrar ofvolers Soto, Daniel From: CTrax <certificate-request@ctrax.jdidata.com> Sent: Monday, October 10, 2022 3:11 PM To: calvin.wong@ocgov.com; Soto, Daniel; Kimberly.Hostler@ocvote.gov Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor County of Orange Name: Project Vote Center Number: Project Entry Permit Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/10/2022 6:10 PM POLICY NUMBER EXPIRATION COI DATE ' PII,E NAME -------------- DATE SELFINSURED 11/07/2022 10/10/2022 ROV-City of Santa -1---- ---------- ---- ----------- Ana - COLpdf - -- -- -- SELFINSURED 11/17/21122 10/10/2022 ROV-City of Santa Ana - COI.pdf SELFINSURED 11/07/2022 10/10/2022 ROV-City of Santa Ana - COLpdf