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3.10 Polling Place Agreements 2022 Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Clerk Etzel July 25, 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney Dave Kendall 3.10 – Polling Place Agreements STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve two Polling Place Agreements for 2022. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: In preparation for the 2022 elections, City staff has worked with Riverview Landing, ISD 728 and the City Attorney to develop a polling place agreement that outlines certain criteria for use of the facilities for election purposes. The Administrative Subcommittee reviewed this topic at their February 9 meeting. Staff has since provided copies of the agreements to ISD 728 and Guardian Angels. If any changes are proposed by either party, staff will have the City Attorney’s office review prior to execution. SUPPORTING DOCUMENTS ATTACHED: • Polling Place Agreement – Riverview Landing • Polling Place Agreement – ISD 728 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a Polling Place Agreement between the City of Otsego and Riverview Landing; and to approve a Polling Place Agreement between the City of Otsego and ISD 728; both subject to review by the City Attorney if any changes are needed; and authorize the Mayor and City Clerk to sign the agreements. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A City of Otsego│13400 90th Street NE, Otsego, MN 55330│Tel. (763) 441-4414 Fax (763) 441-8823 222677v1 Polling Place Agreement 2022 THIS AGREEMENT is made and entered into by and between the City of Otsego ("City"), a Minnesota municipal corporation, and Evans Park, Inc., doing business as Riverview Landing (“Riverview Landing”), a Minnesota nonprofit corporation. IT IS HEREBY AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: 1. LOCATION. Riverview Landing hereby agrees to provide the City with sufficient space (“Premises”) within the buildings located at the following addresses to the City for election purposes, for dates specified in Paragraph 2: • Guardian Angels Senior Community, 9200 Quantrelle Avenue NE, Otsego 2. DATES. Riverview Landing hereby agrees to provide said Premises to Otsego for election purposes on the following dates (“Election Dates”): • 5:00 p.m. to approximately 10:00 p.m., Monday, August 8, 2022 • 6:00 a.m. to approximately 11:00 p.m., Tuesday, August 9, 2022 • 5:00 p.m. to approximately 10:00 p.m., Monday, November 7, 2022 • 6:00 a.m. to approximately 11:00 p.m., Tuesday, November 8, 2022 3. STORAGE. The City shall deliver required election supplies (“Election Supplies”) on the Monday immediately prior to each election date. Riverview Landing hereby agrees to direct the delivery personnel and provide for secure storage of all voting equipment when not in use by election judges. Election Supplies will be picked up by 12:00 p.m. on the Wednesday following each election. 4. EQUIPMENT AND SERVICES. Riverview Landing hereby agrees to provide the following for use by the election judges on the Election Dates at each location: • 4-6 tables; • 15-25 chairs; • 2-4 wastebaskets; • 1 telephone; • Provide an On-Site Contact Person; • Provide a building key to allow the head election judge to access the building; • Access to restroom facilities for election staff and vote rs. 5. INDEMNIFICATION. Riverview Landing hereby agrees to defend, indemnify and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, causes of action, demands, lawsuits, damages, losses or expenses, including r easonable attorney's fees, arising out of or due to the act or negligence of Riverview Landing in connection with the provision of services in accordance with the terms of this Agreement. Also, Riverview Landing 222677v1 waives and releases the City and its officers, officials, employees and agents from any and all claims, demands, and causes of action of Riverview Landing resulting from or claimed to result from any failure of City, City Clerk, election judges, or any other officer, official, employee or agent of the City to fully and timely perform any of its, or their duties or obligations under this Agreement. 6. AMENDMENT AND TERMINATION. This Agreement may be amended in writing at any time by mutual consent of the parties and shall continue until terminated by resolution of the governing body of either the City or Riverview Landing. Any such resolution must be mailed to the other party to complete the termination. 7. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 8. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 9. SEVERABILITY. If any provision, term, or condition of this Agreement is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire Agreement. 12. NOTICES. Notices. All notices or other communications shall be deemed effectively delivered on the date of delivery if mailed certified or registered mail, return receipt requested, upon delivery using overnight courier, or personally delivered. All notices or other communications required or permitted to be given under this Agreement shall be in writing and delivered or addressed as follows: City: City of Otsego Attn: City Clerk 13400 - 90th Street NE Otsego, MN 55330 Riverview Landing: Evans Park, Inc., d/b/a Riverview Landing Attn: Mindy Smith 9200 Quantrelle Avenue NE Elk River, MN 55330 City of Otsego│13400 90th Street NE, Otsego, MN 55330│Tel. (763) 441-4414 Fax (763) 441-8823 222677v1 IN WITNESS WHEREOF, the City and Riverview Landing have caused this Agreement to be duly executed as of this ____ day of _____________, 2022. CITY OF OTSEGO By: ____________________________________ Jessica Stockamp, Mayor By: __________________________________ Audra Etzel, City Clerk Evans Park, Inc., doing business as Riverview Landing By: ____________________________________ By: __________________________________ City of Otsego│13400 90th Street NE, Otsego, MN 55330│Tel. (763) 441-4414 Fax (763) 441-8823 Polling Place Agreement 2022 THIS AGREEMENT is made and entered into by and between the City of Otsego ("City"), a Minnesota municipal corporation, and Independent School District No. 728, a Minnesota public corporation ("District"). IT IS HEREBY AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: 1. LOCATION. The District hereby agrees to provide the City with sufficient space (“Premises”) within the buildings located at the following addresses to the City for election purposes, for dates specified in Paragraph 2: • Prairie View Middle School, 8300 Maciver Avenue NE, Otsego • Otsego Elementary, 8125 River Road NE, Otsego 2. DATES. The District hereby agrees to provide said Premises to Otsego for election purposes on the following dates (“Election Dates”): • 5:00 p.m. to approximately 10:00 p.m., Monday, August 8, 2022 • 6:00 a.m. to approximately 11:00 p.m., Tuesday, August 9, 2022 • 5:00 p.m. to approximately 10:00 p.m., Monday, November 7, 2022 • 6:00 a.m. to approximately 11:00 p.m., Tuesday, November 8, 2022 3. STORAGE. The City shall deliver required election supplies (“Election Supplies”) on the Monday immediately prior to each election date. District hereby agrees to direct the delivery personnel and provide for secure storage of all voting equipment when not in use by election judges. Election Supplies will be picked up by 12:00 p.m. on the Wednesday following each election. 4. EQUIPMENT AND SERVICES. The District hereby agrees to provide the following for use by the election judges on the Election Dates at each location: • 4-6 tables; • 15-25 chairs; • 2-4 wastebaskets; • 1 telephone; • Provide an On-Site Contact Person; • Provide a building key to allow the head election judge to access the building; • Access to restroom facilities for election staff and voters. 5. INDEMNIFICATION. The District hereby agrees to defend, indemnify and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, causes of action, demands, lawsuits, damages, losses or expenses, including reasonable attorney's f ees, arising out of or due to the act or negligence of the District in connection with the provision of services in accordance with the terms of this Agreement. Also, the District waives and releases the City and its officers, officials, employees and agents from any and all claims, demands, and causes of action of the District resulting from or claimed to result from any failure of City, City Clerk, election judges, or any other officer, official, employee or agent of the City to fully and timely perform any of its, or their duties or obligations under this Agreement. 6. AMENDMENT AND TERMINATION. This Agreement may be amended in writing at any time by mutual consent of the parties and shall continue until terminated by resolution of the governing body of either the City or the District. Any such resolution must be mailed to the other party to complete the termination. 7. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 8. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota. 9. SEVERABILITY. If any provision, term, or condition of this Agreement is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire Agreement. 12. NOTICES. Notices. All notices or other communications shall be deemed effectively delivered on the date of delivery if mailed certified or registered mail, return receipt requested, upon delivery using overnight courier, or personally delivered. All notices or other communications required or permitted to be given under this Agreement shall be in writing and delivered or addressed as follows: City: City of Otsego Attn: City Clerk 13400 - 90th Street NE Otsego, MN 55330 District: Independent School District No. 728 Attn: Londa Chambers 11500 193rd Avenue NW Elk River, MN 55330 City of Otsego│13400 90th Street NE, Otsego, MN 55330│Tel. (763) 441-4414 Fax (763) 441-8823 IN WITNESS WHEREOF, the City and the District have caused this Agreement to be duly executed as of this ____ day of _____________, 2022. CITY OF OTSEGO By: ____________________________________ Jessica Stockamp, Mayor By: __________________________________ Audra Etzel, City Clerk INDEPENDENT SCHOOL DISTRICT NO. 728 By: ____________________________________ By: __________________________________