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Home My WebLink AboutC-7790-3D - Vote Center Facility Use Agreement - Marina ParkAXXZX Registrar of Voters 1300 S Grand Ave, Building C Santa Ana VOTE CENTER ENTRY PERMIT (LICENSE) THIS IS A LICENSE TO ENTER ("Permit") executed July 3, 2023 ("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." 1. 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 MARINA PARK COMMUNITY CENTER, 2ND FLOOR, BAY ISLAND EVENT ROOM property located at 1600 W BALBOA BLVD, NEWPORT BEACH, CA ("Property") on February 22, 2024, and terminating on March 12, 2024 ("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. 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* Wednesday, February 28 8am - 5 m Thursday, February 29 8am - 5 m Friday, March 1 8am - 5 m Saturday, March 2 7:30am - 9 m Sunday, March 3 7:30am - 9 m Monday, March 4 7:30am - 9 m Tuesday, March 5 6:30am - 12am Wednesday, March 6 8am - 5 m *Vote Center hours are subject to change at any time by County based on the operational needs presented by the election turnout. DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 1 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters 2.1.2. Permitter specifically grants County permission to enter and use the Property for the purpose of delivering and picking up Vote Center equipment on the dates and hours as follows: Vote Center Equipment Delivery and Pick -Up Delivery Date Period: Thursday, February 22, 2024 through Wednesday, February 28, 2024 Pick-up Date Period: Thursday, March 7, 2024 through Tuesday, March 12, 2024 *Specific dates and hours to be provided by County by February 9, 2024. Permitter shall provide County staff with the means necessary to access the Property by Thursday, February 22, 2024. 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.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. If Permitter is not providing County staff with the means necessary to access the Property without the assistance of Permitter staff (i.e., Permitter is not providing County staff with the necessary keys to the Property), then Permitter shall close and secure the Property at the end of the hours stated in, or the end of the hours as provided by County pursuant to, Section 2.1.1 and Section 2.1.2. Permitter also shall secure the Property during the hours outside those stated in, or those provided by County pursuant to, Section 2.1.1. and Section 2.1.2. 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, February 16, 2024. 2.3.8. The Permitter shall provide electricity, including but not limited to, functioning electrical outlets on the Property. DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 2 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters 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 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 DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 3 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters 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. 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 PERMITTER CITY OF NEWPORT BEACH PO Box 1768 Newport Beach, CA 92658 Attention: Leilani I. Brown lbrown@newportbeachca.gov --Signatures Follow-- DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 4 of 7 Vote Center Entry Permit (Government 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 �Dty County ot�r Date: TEMPLATE APPROVED 06282023 ATTEST: Date: DL: 1600 W BALBOA BLVD, NEWPORT BEACH Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters PERMITTER CITY OF NEWPORT BEACH By — /61 N Grace K. Leung 'Iti e: City Manager Date: & I U 23 COUNTY COUNTY OF ORANGE f By 61�'I / Bo4 Page, Registrar of Voters Per Resolution No. 20-091 and Minute Order dated July 14, 2020 Date: � / _r 1,7 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: ron C. Harp, City Attorney 3 z3 we Page 5 of 7 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. DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 6 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters FEESCHEDULE Attachment 2 DL: 1600 W BALBOA BLVD, NEWPORT BEACH Page 7 of 7 Vote Center Entry Permit (Government Facility) v7.28.22 Registrar of Voters