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HomeMy Public PortalAboutAgreement_2020-08-25 to 2025-08-25_Los Angeles County_24-Hour VBM Ballot Drop Off BoxHOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 ATTACHMENT XVI VOTE CENTER FACILITY DROP BOX USE AGREEMENT (PUBLIC) Agreement and authorization is granted by _________________ (‘Host’) and the Los Angeles County Registrar-Recorder/County Clerk (‘RR/CC’) for the use of the designated facility space specified below: For and in consideration of the following conditions, both parties hereby agree as follows: Term: This Agreement is entered into this _____ day of _____________, 20____ upon the execution hereof by the Parties and shall expire five (5) years thereafter (Initial Term), unless sooner terminated or extended, in whole or in part, as provided in this agreement. Upon expiration of the initial term, and upon mutual agreement executed by the RR/CC and Host, parties may renew this Agreement for an additional __-year period ("Extended Term"). Use of the Facility: Upon receiving notice from RR/CC no later than ___ days prior to an Election or no later than ___ days prior to an odd-year or special, unscheduled election, Host permits access to the agreed upon designated space/drop box location as stated in the 24-Hour Drop Box Plan (Attachment A). Facility Requirements: Host permits access to the agreed upon designated space for the installation of the 24-Hour Drop Box as depicted in the Designated Space Schematic (Attachment B). Host will ensure access to the designated space and the 24-Hour Drop Box to the public. Host will permit access to RR/CC staff and vehicles to take all actions necessary to install, uninstall and/or modify drop box, open/close drop box, retrieve ballots, perform maintenance, and comply with applicable laws and regulations governing drop boxes. xx HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 In the event there is an issue related to the drop box, host will contact RR/CC at the contacts listed in the 24-Hour Drop Box Plan to report the issue. RR/CC will be responsible for all costs associated with the purchase and installation of the 24- Hour Drop Box. The 24-Hour Drop Box will be removed following the completion of the initial term of this agreement, at the completion of the extended term, as otherwise provided herein or as mutually agreed upon in writing by the parties. RR/CC will be responsible for all costs associated with the removal of the 24-Hour Drop Box. Upon removal, the RR/CC will return the designated space to the condition it was in at the time of installation, or as close as possible to the condition it was in at the time of installation. Parking Requirements: Host agrees to provide sufficient parking, including accessible spaces, and a waiver of any parking fees for RR/CC staff and voters where possible. Public Voting Period: Host agrees to provide RR/CC staff access to the designated space twenty-four (24) hours a day beginning thirty-one (31) days before an election. Promotions and Political Material: Host agrees to remove any political campaign signage or literature and not engage in audible dissemination of electioneering information within 100 feet of the designated space and not conduct any promotional activity tied to the public voting period without prior authorization from RR/CC. Termination of the Agreement: Except for the occurrence of a natural disaster causing damage or otherwise adversely affecting the designated space/drop off location, or unforeseen building/structural damage to the designated space/drop off location, which shall be solely determined by the RR/CC, Host shall not cancel or change the location and this Agreement shall remain in effect, with all conditions set forth. For avoidance of doubt, Host and RR/CC stipulate that the novel coronavirus COVID-19 pandemic is excluded as a natural disaster or ground for termination for purposes of this Agreement. RR/CC may at any time and without reason, revoke its request to use the designated facility space/drop box location. In the event any provision of this Agreement contradicts County of Los Angeles Board policies or any applicable laws, rules, and regulations, RR/CC may terminate this Agreement, effective immediately upon written notice Amendment of the Agreement: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties. This Agreement may be modified or amended only upon the mutual written consent of both the Host and the RR/CC. Any amendment shall become effective upon the mutual written consent of both the Host and the RR/CC. Certificate of Self-Insurance: RR/CC will provide a certificate of self-insurance. Indemnity Agreement: Host shall indemnify, defend and hold harmless County of Los Angeles (County), its trustees, elected and appointed officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the Host, its trustees, officers, agents, employees, or volunteers. County shall indemnify, defend and hold harmless Host, its trustees, officers, agents, employees, and volunteers from and against any and all liability, including, but not limited to, claims for injury or damages, demands, actions, fees, loss, costs and expenses (including reasonable attorney and expert witness fees) arising out of or incurred in connection with the performance of this agreement, but only in proportion to and to the extent such liability, loss, demands, actions, fees, costs and expenses are caused by or result from the negligent or intentional acts or omissions of the County, its trustees, officers, agents, employees, or volunteers. Electronic Signatures: The Host and RR/CC agree to facsimile and electronic scanned versions of original signatures of authorized signatures of each party have the same force and effect as original signatures such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions. THE ABOVE SITE INDEMNITY AGREEMENT APPLIES TO ONLY ELECTIONS CONDUCTED BY LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK IN WITNESS WHEREOF, and executed as the date first above written above, the Parties to this agreement do hereby agree and consent to all terms and conditions provided herein. Los Angeles County Facility Name Registrar-Recorder/County Clerk _____________________________________ ___________________________________ Signature & Date Signature & Date _____________________________________ ___________________________________ Printed Name and Title Printed Name and Title August 25, 2020 HOA.102614243.1[]HOA.102604586.1 24-HOUR DROP BOX PLAN 1RYHPEHU 3, 2020 Primary Election The following constitutes the mutually agreed upon 24-Hour Drop Box Plan for the 1RYHPEHU 3, 2020 Primary Election by _____________________________ (‘Host’) and the Los Angeles County Registrar-Recorder/County Clerk (‘RR/CC’) for the use of the facility space specified below: Contact List – Host Primary Contact Name Phone # Email Address Alternate Phone # Secondary Contact Name Phone # Email Address Alternate Phone # After Hours Emergency Contact Name Phone # Email Address Alternate Phone # Contact List – RR/CC Primary Contact Name Phone # Email Address Alternate Phone # After Hours Emergency Contact Name Phone # Email Address Alternate Phone # ATTACHMENT A HOA.102614243.1[]HOA.102604586.1 Access Schedule Host has agreed to grant access to the public and RR/CC to the designated space and drop box for the following dates: Start Date End Date During the above period, the public and RR/CC shall have access to the designated space twenty-fours (24) a day for the entirety of the voting period. Designated Space, Parking, and Public Access RR/CC agrees to make best efforts to limit signage and vehicle traffic to the mutually agreed upon areas depicted in Attachment ‘B’. Additional Access Considerations Please specify any additional considerations necessary in providing RR/CC access to the designated space (Alarm Codes, Gate keys, Access Badges, Parking Passes, etc.): HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 Designated Space Schematic (Attachment B) Box shall be installed in the space marked below. In the event an alternative location is identified and agreed upon by both parties, this agreement can be amended with a revised Attachment B. HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1 HOA.102746542.2[]HOA.102746542.1[]HOA.102746542.1[]HOA.102744850.1[]HOA.102614007.1