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Home My WebLink AboutORANGE, COUNTY OF (46)Return FULLLY EXECUTED Copy to COTC, M-30 N-2023-193 rr 9�1}pp Registrar of voters 1300 S Grand Ave, Building C Santa Ana COPY VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit") executed September 21, 2023 ("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." 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 JEROME CENTER, MULTIPURPOSE ROOM, property located at 726 S CENTER ST, SANTA ANA, CA("Property") on February 19, 2024, and terminating on March 12, 2024 ("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. 2.1.1. 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 on the dates and hours as follows: Vote Center Dates Hours of Use* Thursday, February 22 8am — 5pm Friday, February 23 8am — 5pm Saturday, February 24 7:30am - 6pm Sunday, February 25 7:30am - 6pm Monday, February 26 7:30am - 6pm Tuesday, February 27 7:30am - 6pm Wednesday, February 28 7:30am - 6pm Thursday, February 29 7:30am - 6pm Friday, March 1 7:30am - 6pm Saturday, March 2 7:30am - 9 m Sunday, March 3 7:30am - 9pm DL 726 S CENTER ST, SANTA ANA Vote Center Entry Permit (Government Facility) v7.28.22 Regis6ar of Voters Pagel of 8 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. 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. 4. AUTHORIZATION FOR USE OF PROPERTY: Parties acknowledge and agree that the use of this property is provided pursuant to Elections Code section 12283. 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 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. DL 726 8 CENTER ST, SANTA ANA Page 3 oF8 Vote Center Unity Permit (Govemment Facility) J7.28.22 RegNtrar.Mters 8. EMPLOYMENT: No County employee shall be considered an employee of the Permitter under the jurisdiction of the 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. 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 Permitter, 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 Count, 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. 11. 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 CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92702 Building C Attention: Jennifer Hall Santa Ana, CA 92705 jhall@santa-ana.org Attention: Administrative Manager Email: Kimberly.Hostler@ocvote.gov --Signatures Follow— DL 726 S CENTER ST, SANTA ANA Page 4 o178 Vote Center Entry Permit (Goverment Facility) v7.28.22 Registrar of Voters 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 By ¢ Iai ny .ounty L n mseT Date: TEMPLATE APPROVED 06282023 PERMITTER CITY OF SANTA ANA By See Attached Signature Page Name Title COUNTY COUNTY OF ORANGE Lo Bob Page, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 DL 726 S CENTER ST, SANTA ANA Page 5 of8 Vote Center Entry Permit (Goverarnent Facility) v7.28.22 Registrar of Voters N-2023-193 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ndon Salvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager FOR APPROVAL: DL 726 S CENTER ST, SANTA ANA Page 6 of$ Vote Center Entry Pemut (Government Facility) v7.28.22 Re&=r 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 County 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 chairs, 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 726 S CENTER ST, SANTA ANA Page 7 of8 Vote Center Entry Permit (Covcnnnent Facility) V7.28.22 Registrar of Voto. FEESCHEDULE Attachment 2 DL 726 S CENTER ST, SANTA ANA Page 8 of8 Vote Center Entry Permit (Govennnent Facility) v7.28.22 Registrar of Vote s