HomeMy WebLinkAboutCONSENT Ballot drop box Port Ludlow JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Auditor Brenda Huntingford
Amanda Christofferson,Grants Administrator
DATE: June 1,2026
SUBJECT: Use Agreement for placement of ballot drop box on Port Ludlow Associates, LLC.
property
STATEMENT OF ISSUE:
The Auditors office in its duty to support the elections operations for Jefferson County has analyzed
necessity,use and condition of ballot drop boxes and determined that it is in the electorates best interest to
replace ballot drop boxes in the County. The goals for each ballot drop box location vary some will be
replaced with new boxes that are able to hold more ballots, some new boxes will be able to be utilized from
a vehicle for those people who are not able to access them on foot, some are being protected with bollards or
moved to avoid inadvertent damage.
ANALYSIS:
This Use Agreement formalizes the relationship between the County and property owners who have agreed
to allow the placement of ballot drop boxes on their property in order to best serve the voting precincts
electorate.
FISCAL IMPACT:
There is no fiscal impact associated with this Use Agreement.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners make a motion to approve of BALLOT DROP
BOX PROPERTY USE AGREEMENT for the location on Port Ludlow Associates, LLC property.
REVIEWED BY:
7/(JX
Jos . Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Ludlow Associates, LLC. Contract No: Ballot Use PLA,6.2026
Contract For: BALLOT DROP BOX PROPERTY USE AGREEMENT Term: Executed - December 31, 2028
COUNTY DEPARTMENT: Auditors Office
Contact Person: Amanda Christofferson
Contact Phone: 360-385-9232
Contact email: amchristofferson@co.jefferson.wa.us
AMOUNT: 0 PROCESS: — Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # NA RFP or RFQ
Munis Org/Obj ✓ Other: Use Agreement
APPROVAL STEPS:
STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ri N/A:n �Qyyu � _ ��. rL 5/20/2026
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ❑ N/A: 1 1 4frpt Z z ��/ rL 5/20/2026
Signature L Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/23/2026.
Risk Manager's understanding is that liability issues related to lessees on
PLA property have been negotiated/resolved.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/24/2026.
PAO assisted with drafting this document.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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INSTRUCTIONS
Do not apply digital signatures until the entire packet is ready to submit.
APPROVAL STEPS:
STEP 1: COMPLIANCE WITH JCC 3.55.080 3.55.080 and Chapter 42.23 RCW. Department Heads or Elected Officials for
departments who are proposing the contract must check one of the two boxes: (1) Check the "Certification" box, demonstrating
compliance with that JCC 3.55.080 and Chapter 42.23 RCW;or,(2)Check the"N/A"box,verifying that certification does not apply:
(a)For approval of contracts before a contractor is selected;or,(b)For contracts with other government agencies,including interlocal
agreements.Department Heads or Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a
person who has been trained to determine compliance with JCC 3.55.080 and Chapter 42.23 RCW.JCC 3.55.080 states: "All persons
involved in county purchasing are required to follow the rules regarding conflicts of interest as set forth in Chapter 42.23 RCW,as now
or hereafter amended, and, in addition thereto, are expressly prohibited from accepting, directly or indirectly, from any person,
company, firm, or corporation to which any procurement or contract is or might be awarded, any rebate, gift, money or anything of
value whatsoever,except where given for the use and benefit of the county."
STEP 2: CERTIFICATION THAT THE CONTRACTOR HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR
LOCAL AGENCY.Department Heads or Elected Officials for departments who are proposing the contract must check one of the two
boxes: (1) Check the "Certification" box, demonstrating that the contractor has not been debarred by a government agency; or, (2)
Check the"N/A"box, verifying that certification does not apply: (a) For approval of contracts before a contractor is selected; or, (b)
For contracts with other government agencies that do not involve grant funding, including interlocal agreements.Department Heads or
Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a person who has been trained to
determine whether contractors have been debarred by a government agency. Contractors who have been debarred by a government
agency are not eligible to contract with that agency or Jefferson County. Jefferson County does not want to contract with debarred
contractors because they are considered untrustworthy. In addition, where grant funding is involved, debarred contractors usually are
not eligible to receive grant money and,if they are given grant funding, the County may be required to repay spent grant funding. At a
minimum,checking the certified box requires checking:
• Exclusions Section of the Federal Government Services Administration System for Award Management (SAM) at
https://sam.gov/content/exclusions;and,
• The Washington State Department of Labor&Industries Debarred Contractors List website
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarL i st.aspx).
In addition,before checking the"Certification"box,the department should ask contractors to verify they have not been debarred by a
federal, state or local government agency. The department may satisfy Step 2 by attaching the standard debarment certificate
completed by the contractor. However, even if a standard debarment certificate is attached, the "Certification" box still must be
checked to satisfy Step 2.
STEP 3: RISK MANAGEMENT REVIEW. Risk management review of all contracts is required by the County's relationship with
the Washington Counties Risk Pool and by the County's risk management resolution. Risk management review involves determining
whether the contract is a valid contract and whether the contract language, including risk allocation provisions like indemnity and
insurance requirements,adequately protect the County from risks posed by the contract.
STEP 4: PROSECUTING ATTORNEY REVIEW. Legal review of all contracts by the Prosecuting Attorney's Office (PAO) is
required by the County's relationship documents with the Washington Counties Risk Pool and by the County's risk management
resolution. Review by the PAO involves determining whether the contract is a valid and unambiguous contract and may include
whether the contract language,including risk allocation provisions,adequately protect the County from risks posed by the contract.
STEP 5: REVISIONS, IF REQUIRED BY RISK MANAGEMENT OR THE PAO. If required, the department makes revisions
suggested by risk management or the PAO.Then,the department resubmits the revised contract to risk management and the PAO.
STEP 6: CONTRACTOR SIGNS. Obtain the contractor's signature before submitting to the Board of County Commissioners
(BoCC)for approval.
STEP 7: SUBMIT TO BOCC FOR APPROVAL.
1. Print 3 duplicate originals of the contract for the Commissioners'signature.
2. The submittal should include:
a. The 3 duplicate originals,each with PAO's signature approving the contract as to form;
b. This Contract Review Form showing approval by Risk Management and the PAO;and,
c. An Agenda Request.
3. Send all together in a hard copy packet to Attn:Julie/BoCC Office via interoffice mail to submit to the BoCC Agenda.The
Deadline for Agenda Items is Tuesday's by 4:30 p.m.in order to be included on the following Monday's Agenda. If the
submission does not meet this deadline,it will be added to the agenda for next Monday regular meeting of the BoCC.
QUESTIONS:
Questions about contracting and contract review should be presented first to the person in the department responsible for submission of
contracts for approval. If questions cannot be answered within the department,then questions should be presented to Risk Management
or the PAO's Civil Department. For questions about scheduling Agenda items, posting Agenda items, etc., please email or call Julie
Shannon,BoCC Office,x384.
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BALLOT DROP BOX PROPERTY USE AGREEMENT
Between
Jefferson County
Port Ludlow Associates, LLC.
This Ballot Drop Box Property Use Agreement (hereinafter "Agreement") is made and
entered into this day of , 2026, the date the last party has signed
("Effective Date"),by and between JEFFERSON COUNTY, a political subdivision of the state of
Washington (hereinafter "the County") and Port Ludlow Associates, LLC. pursuant to the
provisions of the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington.
Port Ludlow Associates, LLC. and the County may hereinafter be referred to collectively as
"Parties" or individually as a"Party."
RECITALS
WHEREAS, Port Ludlow Associates, LLC. owns that certain parcel of real property
located at 60 Paradise Bay Rd., Port Ludlow, WA, Jefferson County, Washington as described in
Exhibit A attached hereto and by this reference incorporated herein (hereinafter "Subject
Property"); and
WHEREAS, the County has purchased a ballot drop box of the type and nature
schematically depicted in Exhibit B attached hereto and by this reference incorporated herein
(hereinafter"Drop Box") to be installed and used by the County to collect ballots cast by voters in
general and special elections conducted by the Auditor of Jefferson County pursuant to Chapter
29A of the Revised Code of Washington; and
WHEREAS, Port Ludlow Associates, LLC. desires to make available to the County for
the installation,use and maintenance of the Drop Box those certain portions of the Subject Property
depicted and described in Exhibit A attached hereto and by this reference incorporated herein
(hereinafter collectively the"Premises"); and
WHEREAS, in 2017 the Washington State Legislature passed SSB 5472, which requires
the County Auditor to establish ballot drop boxes at designated locations within the County; and
WHEREAS,the Parties agree that it is in the best interest of the general public that a ballot
drop box should be located in this location, so as to facilitate and encourage public interest in
electoral participation by local residents; and
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NOW,THEREFORE,for and in consideration of the terms,covenants and conditions set
forth in this Agreement, and other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Port Ludlow Associates, LLC. and the County hereby agree as
follows:
AGREEMENT
1 Incorporation of Recitals. The above recitals are true and correct and are incorporated herein
by this reference as if fully set forth.
2 Grant of Use Right. Port Ludlow Associates, LLC. hereby grants to the County, and the
County hereby accepts from the Port Ludlow Associates, LLC the right to use the Subject
Property and Premises according to the terms, covenants and conditions set forth in this
Agreement.
3 Use Period. This Agreement shall commence on the Effective Date and terminate at midnight
on December 31,2028 (hereinafter"Use Period"). This Agreement shall automatically renew
for successive periods of one (1) year, each beginning January 1 and ending December 31
(hereinafter each a "Renewal Period"). Notwithstanding the foregoing, this Agreement may
be terminated at any time by either Party upon ninety (90) calendar days prior written notice
served on the other Party as provided in Section 10 below.
4 Delivery of Use; Acceptance. The County shall be entitled to use of the Premises as of the
Effective Date. The County has inspected the Premises and has determined to its complete
satisfaction the same are suitable for the uses described in Section 5.1 below.
5 Use of Premises.
5.1 Permitted Uses. The County shall use the Premises for the sole purposes of using,
maintaining and removing the Drop Box and for no other uses or purposes without
the prior written consent of the Port Ludlow Associates, LLC.
5.2 Prohibited Uses. The County shall not use the Premises in violation of any statute,
rule,ordinance,permit,order,regulation or code in effect and applicable to any part
thereof, nor shall it do or suffer to be done in or about the Premises, or bring into,
keep, or suffer to be brought into or kept in or about the Premises, anything that
may constitute a waste,hazard,nuisance or unreasonable annoyance to Port Ludlow
Associates, LLC. or its residents. Separate and apart from this Agreement, the
County shall be solely and exclusively responsible for obtaining any regulatory
approvals necessary to install the Drop Box.
6 The County's Responsibilities.
6.1 Maintenance. The County shall, at its sole cost and expense, maintain the Drop
Box throughout the Use Period in good repair and in a neat, clean, safe, sanitary
and graffiti-free condition. If the Drop Box is breached, damaged, vandalized or
defaced in any way, the County shall, in its sole discretion, either re-secure, repair
or replace the Drop Box as soon as practicable after receiving notice thereof; or
shall terminate this Agreement with thirty (30) days written notice to the Port
Ludlow Associates, LLC in which case the provisions of Section 14 shall apply.
6.2 Security. The County shall be solely responsible for the security of the Drop Box
and its contents. If any threat is made with respect to the Drop Box, such as an
incendiary or other device, the County shall, in its sole discretion, determine
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whether it will be solely responsible for dealing with and resolving that threat or
whether the threat should be referred to another agency.
6.3 Collection of Ballots. During the eighteen-day period prior to primary, general
and/or special elections, the County shall be responsible to empty and reseal the
Drop Box as required by Section 434-250-100 of the Washington Administration
Code.
7 The Port Ludlow Associate's Responsibilities. Port Ludlow Associates, LLC. shall:
7.1 Exercise due care and caution with respect to the Drop Box while conducting its
business operations in and about the Subject Property.
7.2 Notify the County if they become aware of the Drop Box being filled to capacity
and no longer capable of accepting ballots; and
7.3 Notify the County immediately if Port Ludlow Associates, LLC. becomes aware
that:
7.3.1 The Drop Box is breached, damaged, vandalized or defaced
in any way; and/or
7.3.2 Any threat is made with respect to the Drop Box.
8 Indemnification. To the extent of its comparative liability, each Party agrees to indemnify,
defend and hold the other Party, its elected and appointed officials, employees, agents and
volunteers, harmless from and against any and all claims, damages, losses and expenses,
including but not limited to court costs, attotney's fees and alternative dispute resolution
costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property(including the loss of use resulting therefrom)
which are alleged or proven to be caused by an act or omission,negligent or otherwise, of its
elected and appointed officials, employees, agents or volunteers. Port Ludlow Associates, LLC.
bears zero responsibility for the Drop Box itself, its security, its contents, or any claims arising from
its use by voters or the public.
In the event of any concurrent act or omission of the Parties, each Party shall pay its
proportionate share of any damages awarded. The Parties agree to maintain a consolidated
defense to claims made against them and to reserve all indemnity claims against each other
until after liability to the claimant and damages,if any,are adjudicated. If any claim is resolved
by voluntary settlement and the Parties cannot agree upon apportionment of damages and
defense costs, they shall submit apportionment to binding arbitration.
The Parties agree all indemnity obligations shall survive the completion, expiration or
termination of this Agreement.
9 Duration of this Agreement. This Agreement shall commence upon execution by both
parties, as signed and dated below, and shall remain in effect until either Party terminates
this Agreement, or the parties mutually agree to terminate, as follows. Either party may,
through its authorized officials, terminate this Agreement upon ninety (90) days written
notice to the other party. Termination of this Agreement by either Party does not affect or
diminish authority exercised prior to the effective date of such termination. Termination
shall not relieve either party of its obligation in Section 8 to indemnify the other Party.
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10 No Joint Acquisition of Property. This Agreement does not contemplate the joint
acquisition of property by the Parties.At termination,each party will remain the sole owner
of its own property.
11 Default; Remedies. In the event of a default under this Agreement, either Party may
pursue any remedy allowed by law.
12 Waiver. Failure by either Party to promptly enforce any right under this Agreement shall
not operate as a waiver of such right with respect to any future default.
Notices. Any notices required or desired to be given shall be given in writing by electronic mail
and U.S. Mail to the person(s) set forth below:
To Port Ludlow Associates, LLC.:
Attn: Diana Smeland
70 Breaker Lane
Port Ludlow, WA 98365
Telephone: 360-437-8342
Email: dsmelandna,portludlowassociates.com
Copy to: Port Ludlow Associates, LLC.
Attn: Accounting Manager
70 Breaker Lane
Port Ludlow, WA 98365
Telephone: 360-437-2101
To the County: Jefferson County Auditor
Attn: Brenda Huntingford
PO Box 563
Port Townsend, WA 98368
Telephone: 360-385-9118
Email: BHuntingford@co.jefferson.wa.us
Copy to: Jefferson County Commissioners
PO Box 1220
Port Townsend, WA 98368
Telephone: (360) 385-9100
Email:jeffbocc@co.jefferson.wa.us
Any Party,by written notice to the other in the manner herein provided,may designate
contact information different from that set forth above.
13 Counterparts. This Agreement may be signed in one or more counterparts, which taken
together shall constitute the complete agreement between the Parties,and signatures to this
Agreement by the Parties transmitted via facsimile or electronically by email shall be
acceptable and binding.
14 Prior Agreements; Modification. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned herein and no prior agreement,
letter of intent,negotiation or understanding pertaining to any such matter shall be effective
for any purpose. No provision of this Agreement may be modified, amended, or added to,
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except by an agreement in writing signed by the Parties or their respective successors in
interest.
15 Vacation of Premises. Upon expiration or earlier termination of the Agreement, the
County shall: (a) remove the Drop Box and any associated mounting hardware from the
Premises; and(b) leave the Premises in a neat,clean, safe and sanitary condition.
16 Severability. Any provision of this Agreement that found to be invalid, void, or illegal
shall in no way affect, impair, or invalidate any other provision hereof, and such other
provisions shall remain in full force and effect.
17 Governing Law; Venue. This Agreement shall be governed by and construed and
interpreted in accordance with the laws of the State of Washington. The venue of any
action between the Parties relating to the subject matter of this Agreement shall be in the
Superior Court for Jefferson County, Washington.
BOARD OF COMMISSIONERS PORT LUDLOW ASSOCIATES LLC
JEFFERSON COUNTY
Greg Brotherton, Chair Diana Smeland, President
Heidi Eisenhour, Commissioner
Heather Dudley-Nolette, Commissioner
ATTEST:
Carolyn Gallaway, Clerk of the Board
Date:
APPROVED:
Brenda Huntingford
Jefferson County Auditor
APPRO D AS FORM:
C June 24,2026
Philip C. Hunsucker
Civil Deputy Prosecuting Attorney
Jefferson County Prosecutor's Office
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Exhibit A
60 Paradise Bay Rd., Port Ludlow, WA
In the parking lot, beside a USPS box and PUD Utility Rate box.
e
Exhibit B
lCl � �1f)PitntL,
Ballot '
Dro)Boy , t °„
1picha "u,m,;,.
dad'
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