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HomeMy WebLinkAboutPort Ludlow Associates LLC Ballot Drop Box - 070626 BALLOT DROP BOX PROPERTY USE AGREEMENT Between Jefferson County Port Ludlow Associates, LLC. This Ballot Dlgp Box Pro erty Use Agreement (hereinafter "Agreement") is made and entered into this /.p day of , 2026, the date the last party has signed ("Effective Date"),by and betty J F ERSON COUNTY,a political subdivision of the state of Washington (hereinafter "the oun ) 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 1 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 2 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, attorney'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. 3 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: dsmeland@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(rco.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, 4 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 COMMISSI• ERS PORT LUDLOW ASSOCIATES LLC JEFF-_ iJeP : s 1 TY iii iik r sonc orz -f icrvi 29 or: rotes . , Chair ------ Diana Smeland, President t� 41.— -1 eidi 'isenhour, Commissioner atoll i / MP g0"Cy'' e.t r D dley-Nolktte, Corn .s Sip •,GZ11 • ATTEST t 1 Carolyn Galla 'ay, Clerk . he B��Y Ip Nd.0%'�� Date: —rill 1. 6, APPROVED: renda Huntingford Jefferson County Auditor APPRO .D AS ',• FORM: 0- C June 24,2026 Philip C. Hunsucker Civil Deputy Prosecuting Attorney Jefferson County Prosecutor's Office 5 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 COMMISS NERS PORT LUDLOW ASSOCIATES LLC JEFF" Y svt.e.(4 IS(A4441 g rot . Chair Diana Smeland, President leidi 'Isenhour,Commissioner tritall.AL 'e•tJRA dtey-Nol(:tte, Corn s•.• .• ' • ••.yam ATTEST. . c LC d s Carolyn Galla�'ay,Clerk he Bt4'1+ i •�• �►''� rr �M Date: -7'1/P tY APPROVED: ( -11 4 I renda Huntingford Jefferson County Auditor APPROV D AS TO FORM: C June 24,2026 Philip C. Hunsucker Civil Deputy Prosecuting Attorney Jefferson County Prosecutor's Office 5 Exhibit A 60 Paradise Bay Rd., Port Ludlow, WA In the parking lot, beside a USPS box and PUD Utility Rate box. I Exhibit I3 I0a1 Ipnr�Iniif 1 �• IIEur Ballot PROP 11,1 uri` Il Sill p.Arm. IA`�IIIi�Uk1 roe Sox • 0_1. I- • EItp. cpt���� 1 (ati.k 1 � j • 6 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 ( 26, 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: I I N/A:! I ,rQyyr�lyi t'z. r7Jni ��%Lo�te,ynL 5/20/2026 Signature UI 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: El N/A: J ,rQyrtc ��L2�2t6��/ idrL 5/20/2026 Signature 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 1