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Home My WebLink AboutC-7790-4A - Vote Center Facility Use Agreement - Community RoomRegistrar of Voters 1300 S Grand Ave, Building C Santa Ana VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit") executed August 20, 2020 ("Effective Date"), by and between CITY OF NEWPORT 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." ] . 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 NEWPORT BEACH CIVIC CENTER COMMUNITY ROOM property located at 100 Civic Center Dr, Newport Beach, CA ("Property") on October 23, 2020, and terminating on November 10, 2020 ("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 Sam — 5pm n/a Thursday, October 29 Sam — 5pm n/a Friday, October 30 7:30am-9 m 8am-8pm Saturday,October 31 7:30am-9 m 8am-8 m Sunday, November 1 7:30am-9 m 8am-8pm Monday,November 2 7:30am-4 m 8am-8pm Tuesday, November 3 6:30am-10 m 7am-8pm Wednesday November 4 8am — 5pm n/a DL: 100 Civic Center Dr, Newport Beach Pagel of 6 Vote Center )entry Permit (Government Facility) Registrar of Voters Vote Center Equipment Delive and Pick -L1 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. 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. 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: 100 Civic Center Dr, Newport Beach Page 2 of 6 Vote Center Entry Permit (Government Facility) Registrar of Voters 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. 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: 100 Civic Center Dr, Newport Beach Page 3 of 6 Vote Center Entry Permit (Government Facility) Registrar of 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.Golden@rov.ocgov.com DL: 100 Civic Center Dr, Newport Beach Vote Center Entry Permit (Government Facility) Registrar of Voters PERMITTER City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attention: Leilani I. Brown lbrown@newportbeachca.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 �3 eputy Date. TEMPLATE APPROVED 07212020 AT rl : 41 41 Leilani I.roo n, City APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 8/7-7/-2-0162 - By:. Aaron C. Harp, City Attorney PERMITTER City of Newport Beach By Nam 4 v Q c.,r- Title (!;+� vYt.A. aT.-L Date:_ COUNTY COUNTY OF ORANGE By Neal Kelley, Registrar of )ers Per Resolution No. 20-091 and Minute Order dated July 14, 2020 Date: — -; �/ !8 /-6 DL' 100 Civic Center Dr, Newport Beach Page 5 of 6 Vote Center Entry Permit (Government Facility) Registrar of Voters ENTRY PERMIT (LICENSE) Attachment 1 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. Remove any and all items, except for the provided tables and chairs, if applicable. 3. If Permitter Staff is assigned to open facility and is running late, they are to contact the County immediately at (714) 954-1901. 4. Permitter 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: 100 Civic Center Dr, Newport Beach Page 6 of 6 Vote Center Entry Permit (Government Facility) Registrar of Voters