HomeMy WebLinkAboutC-7790-2C - Vote Center Facility Use Agreement - OasisRegistrar of Voters
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 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 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 OASIS SENIOR CENTER EVENT CENTER, LIBRARY GAME ROOM property located at
801 NARCISSUS AVE, CORONA DEL MAR, 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
8am —
5 m
Thursday, November 3
8am —
5 m
Friday, November 4
8am —
5 m
Saturday, November 5
7:30am
- 9 m
Sunday, November 6
1 7:30am
- 9 m
Monday, November 7
7:30am
- 9 in
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Vote Center Entry Permit (Government Facility) v7.28.22
Registrar of Voters
Tuesday, November 8
6:30am
— 12am
Wednesday, November 9
8am —
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.
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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
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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: 801 NARCISSUS AVE, CORONA DEL MAR
Vote Center Entry Permit (Government Facility) v7.28.22
Registrar of Voters
PERMITTER
CITY OF NEWPORT BEACH
PO BOX 1768
Newport Beach, CA 92658
Attention: Leilani I. Brown
lbrown@newportbeachca.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
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Date: TEMPLATE APPROVED 07212020
Attest
Leilani 1. Brown, MMC, City Clerk
Data: _ �' �l, �?�-:�-
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PERMITTER
CITY OF NEWPORT BEACH
By
KarX ✓Gt GG Le v rt�
We e;4-5
Date: 131 D 1
COUNTY
COUNTY OF ORANGE
1!�*V��By
Bob Pa e,
Registrar of Voters
Per Resolution No. 20-091
and Minute Order dated July 14, 2020
Date: y(Sal 2,11,
APPROVED S ZOCE
CITY TT0 E
By'
r C. Harp, City Attorney
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Vote Center Entry Permit (Government Facility) v7.28.22
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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 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.
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FEE SCHEDULE
Attachment 2
(not applicable, no fees anticipated)
DL_ 801 NARCISSUS AVE, CORONA DEL. MAR Paee 7 of 7
Vole Center Entry Permit (Government Facility) 0 2822
Reeistrar of Voters