RESOLUTION NO. 2022-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE COUNTY OF SAN DIEGO TO USE LIBRARY FACILITIES
FOR THE TEMPORARY INSTALLATION OF MAIL BALLOT DROP BOXES WHEREAS, the City Council of the City of Carlsbad, California has determined that libraries are traditionally viewed as a trusted community resource for election activities; and WHEREAS, City of Carlsbad libraries have supported the San Diego Registrar of Voters' Mail Ballot Drop Off program for many election cycles and have consistently received some of the largest numbers of mail ballots; and
WHEREAS, this election cycle the San Diego Registrar of Voters' is implementing a new system to collect mail ballots via unstaffed mail ballot drop boxes, which will be securely placed inside library facilities, with regularly scheduled ballot collection by ROV staff; and WHEREAS, the County of San Diego requires a signed agreement for the installation of mail ballot drop boxes at City of Carlsbad libraries for this and each subsequent election season; and WHEREAS, without a delegation of authority from the City Council, each license agreement will need to be authorized by the City Council at a City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council delegates authority to the City Manager to sign both the 2022 license agreement attached hereto as Attachment A and future license agreements with the County of San Diego for the temporary installation of mail ballot drop boxes in library facilities.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of October. 2022, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Norby.
NAYS:
ABSENT:
None.
Hall.
~ ,r° MA TT HALL, Mayor
fvFAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
PSALCA-23027LI B
COUNTY OF SAN DIEGO
LICENSE FOR USE OF PRIVATE
FACILITIES AND PROPERTY
ATTACHMENT A
This license agreement ("License"), dated � ct . \3 f 1& 1- 2,, for purposes of reference only, is entered into between the County of San Diego, a political subdivision of the State of California ("County"), and the City of Carlsbad, a municipal corporation of the State of California ("Licensor")
RECITALS
A. Licensor owns prope1ties located at Carlsbad City Library 1775 Dove Lane, Georgina Cole LibraLy1250 Carlsbad Village Drive, and Library Learning Center 3368 Eureka Place ("Properties") in Carlsbad, California as fmther described in Section I and EXHBIIT "A" DESCRIPTION OF PREMISES of this License.
B. Licensor agrees to grant this License to County upon the following terms and conditions.
LICENSE
l. Premises. County may use a portion of the Prope1ties located at 1775 Dove Lane, 1250 Carlsbad Village Drive, 3368 Eureka Place, Carlsbad, California ("Premises") as further described in EXHIBIT "A" DESCRIPTION OF PREMfSES of this License.
2. Grant of License. Licensor hereby grants to County a non-exclusive license to use the Premises solely for the Permitted Use (defined in Section 4) and subject to the terms and conditions set fo1th in this License.
3. Term. The term ("Term") of this License shall commence upon execution of this license ("Commencement Date") and terminate November 30, 2022. This License can be terminated by County of Licensor at any time by providing thirty (30) days prior written notice to the other party.
4. Use. County may use the Premises for the sole purpose of the temporary installation of a ballot drop box ("Permitted Use").
5. Access. County shall have access to the Premises during Licensor's normal business hours every day during the Term and on Election Day, Tuesday, Nov. 8, 2022, from 7:00am to 8:00pm. County shall not interfere with Licensor's operations at the Property or Premises.
PSALCA-23027UB ATTACHMENT A
6. License. This License is not a lease and does not create or convey an easement or any interest or estate in real property to County.
7. Licensor Enti:y. Licensor and any other party that Licensor grants permission to may enter the Prope1ty, including the Premises covered by this License, at any time during the Term.
8. Insurance. Without limiting County indemnifications obligations to Licensor under this License, County shall provide and maintain, during the Term and for such other period as may be required herein, at its sole expense, insurance in the amounts and form specified below.
Insurance shall be in the following forms of coverage and minimum amounts specified below, be provided by insurance carriers with a Best's Rating of not less than A, Vil or a company of equal financial stability approved in writing by Licensor's Risk Management Division and remain in effect at all times during the Term.
a An occurrence policy of Commercial General Liability insurance including Premises, Operations, Products and Completed Operations, Contractual Liability and Independent Contractors Liability insuring County against liability for bodily injury, personal injury or property damage arising out of or in connection with County, their agents, representatives, employees or subcontractors performance of work or service under this License of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate. Licensor, · and Licensor's elected officials, officers, agents, employees, representatives, and volunteers ("Licensor's Pa11ies") shall be added as "Additional Insured" by separate endorsement to County's insurance (at least as broad as ISO form CG 2012). b. Certificates of insurance provided by County must evidence that the insurer providing the policy will give Licensor written notice of cancellation in accordance with the policy provisions.
lf County maintains broader coverage and/or higher limits than the minimums shown above, Licensor requires and shall be entitled to the broader coverage and/or higher limits maintained by County. As a requirement of this License, any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to Licensor. Licensor shall retain the right to review the coverage, fonn and amount of insurance required in th is License and may require County to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. Licensor retains the right to demand a ce11ified copy of any insurance poJicy required in this License, which shall be provided by County within after fifteen (15) days' notice days of receipt of a written Notice from Licensor.
County may fulfill some or all the insurance requirements contained in this License under a plan of self-insurance. County shall only be permftted to use self-insurance if in the opinion of Licensor's Risk Management Division, County's (i) net worth, and (ii) reserves for payment of the claims of liability against County are sufficient to adequately compensate for the lack of other insurance coverage required by this License. County's use of self-insurance shall not in any way limit liabilities assumed by Licensor under this License. 2 PSALCA-23027LIB ATTACHMENT A
9. County's Indemnity. Pmsuant to the provisions of Government Code Section 53069, County shall indemnify and hold harmless Licensor, its agents, emp]oyees and any lessees or sublessees occupying the Premises (if any) from and against all liability, cost, and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the propeity and employees of each pa1ty hereto) proximately caused by County, its agents, employees, or invitees by reason of the Permitted Use, or from County's breach of provision hereof.
10. Licensor's Indemnity. To the fullest extent permitted by law, Licensor shall defend and indemnify County and hold it harmless from and against all liabHity, cost, and expense for loss of or damage to property and for injuries to or death of any person related to this License which arise from neg I igence or willful misconduct of Licensor or Licensor's contractors, licensees, agents, servants or employees, and excluding library patrons and other members of the public.
11. Maintenance, Cleanup and Repair. County shall conduct its operations in an orderly manner and sball leave the Premises in as clean and good a condition as existed on the Commencement Date, normal wear and tear excepted. County agrees to promptly repair any damages to the Property directly caused by County, its employees, agents, or contractors during the Term of this License.
12. torage. County shall not store or leave any personal prope1ty or equipment on or in the Premises without obtaining prior written consent.
13. License on Site. County or County Parties shall possess a fully executed copy of this License any time County or County Patties enter the Property or use the Premises and must show a copy of this License to any representative of Licensor on demand.
14. Assignment. County sha!J not assign or transfer any interest in this License.
15. Notices. Any notice required or permitted to be given pursuant to this License shall be written and hall be effective (a) when personally delivered to the recipient; or (b) on the third business day after being sent by the United States Postal Service, postage prepaid and addressed to the patty as follows:
If to County:
I fto Licensor:
County of an Diego
Department of General Services
Real Estate Services Division
5560 Overland Avenue
Suite 410
San Diego, California 92123
Suzanne Smithson, Dfrector of Library & Cultural Arts
City of Carlsbad Library
1775 Dove Lane
Carlsbad, CA 920 11
3 PSALCA-23027LIB ATTACHMENT A
16. Entire Agreement. This License and any exhibits attached to this License constitutes the entire agreement between Licensor and County with respect to the subject matter contained in this License. All other representations, oral or written, are superseded by this License.
Neither party is relying on any representation outside of this License. This License may be changed only by written amendment signed by Licensor and County.
17. California.
Interpretation. This License shall be governed by the laws of the State of
18. Corporation in Good Standing. If Licensor is a California corporation, Licensor warrants that it is a corporation in good standing and is currently authorized to do business in California.
19. Authority to Sign. Licensor represents and wan-ants that it has full power and authority to execute and fully perform Licensor's obligations under this License without the need for any further action, and that the person executing this License on behalf of Licensor is the duly designated agent of Licensor and is authorized to act on behalf of Licensor.
THE REMAINDER OF TIDS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.
THE SIGNATURES ARE ON THE FOLLOWING PAGE.
4 PSALCA-23027LIB ATTACHMENT A
Licensor and County have caused this License to be executed by their duly authorized representatives.
ARLSBAD, a municipal
ft e State of California
Name: Scott Chadwick
Title: City Manager
Date: \::>tx:rZ2,.
ATTEST:
For Faviola Medina
City Clerk Services Manager
APPROVED AS TO FORM:
5 COUNTY:
COUNTY OF SAN DIEGO, a political
subdivision of the State of California
K • t E 11.
Digitally signed by Krista Elis
ns a IS Oate:2022.10.0314:16:48
By: -OTOO
Marko Medved, P.E., CEM, Director
Department of General Services
Date: 10/3/2022
EXHIBIT "A"
DESCRIPTION OF PREMISES
Address: 1775 Dove Lane, Carlsbad, CA 92011
PSALCA-23027LIB
Carlsbad City Library - Ballot drop box will be placed across from information desk, tethered to staircase. When entering main entrance, box will be on the right.
EXHIBIT "A"
DESCRIPTION OF PREMISES
Address: 1250 Carlsbad Village Drive, Carlsbad, CA 92008 Georgina Cole Library - Ballot drop box will be placed next to circulation desk, tethered to metal PSALCA-23027LIB
column. When entering main entrance , box will be on the right.
EXIDBIT "A"
DESCRIPTION OF PREMISES
Address: 3368 Eureka Place, Carlsbad, CA 92008
PSALCA-23027LIB
Carlsbad City Library Learning Center - Ballot drop box will be placed in lobby, tethered to staircase. When entering main entrance, box will be on the left. /
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