HomeMy WebLinkAboutInterlocal Agreement Port Ludlow Drainage District - 011624 674408 PGS : 9 AGR
11/13/2025 02:13 PM $311.50 JEFFERSON COUNTY COMMISSIONERS
Jefferson County WA Auditor's Office — Brenda Huntingford, Auditor
11111PAITICritlifiliiMANKIIII.IMIki 11111
RETURN NAME and ADDRESS
JEFFERSON COUNTY
P.O. BOX 1220
PORT TOWNSEND, WA 98368
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Document Title(s)
ILA JEFFERSON COUNTY AND PORT LUDLOW DRAINAGE DISTRICT
Reference Number(s) of Related Documents
Grantor(s) (Last Name.First Name,Middle Initial)
JEFFERSON COUNTY
Grantee(s) (Last Name.First Name.Middle Initial)
PORT LUDLOW DRAINAGE DISTRICT
Legal Description(Abbreviated form is acceptable.i.e.Section/rownship/Range/Qtr Section or Lot/BlockiSubdivision)
Assessor's Tax Parcel ID Number
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Signature of Requesting Party
INTERLOCAL AGREEMENT FOR CONDUCTING AN ELECTION
FOR THE PORT LUDLOW DRAINAGE DISTRICT
This Interlocal Agreement for Conducting an Election for the Port Ludlow Drainage District
("this Agreement") is between the Port Ludlow Drainage District, a special purpose district
("District"), and Jefferson County Washington ("the County").
WHEREAS, in accordance with RCW 85.38.125(2), if a special purpose district has at
least five hundred qualified voters, the special purpose district may choose to conduct its own
elections; and
WHEREAS, Port Ludlow Drainage District has more than five hundred qualified voters
and the District is choosing to conduct an election for the purpose of electing a new commissioner;
and
WHEREAS, under RCW 85.38.125(2), a special district that conducts its own elections
must enter into an agreement with the county auditor that specifies the responsibilities of both
parties;and
NOW THEREFORE, the parties agree to the following to specify the responsibilities of
both parties:
NOW, THEREFORE,the parties agree as follows:
1. General Election. The District shall hold a general election on the date specified in
RCW 85.38.100. The general election to elect a Port Ludlow Drainage District
Commissioner Position No.2 to a six-year term,which shall be conducted on Tuesday,
February 6, 2024.
2. Presumed Eligible Voters'List.Pursuant to RCW 85.38.1-10, the District is required
to compile a list of presumed eligible voters and provide it to the Auditor by the first
day in November preceding the special district general election. Since the District did
not provide the Jefferson County Auditor ("Auditor") with the list of qualified voters
by this date, the Auditor shall compile the list and charge the District for the costs
required for this preparation,and the Auditor shall not be held responsible for any errors
in the list.
3. Auditor's Assistance,Notice and Costs. The Auditor shall publish notice of election
in the newspaper of general circulation(The Port Townsend Leader) in the District at
least once not more than ten days nor less than three days before the election(January
31, 2024). The notice shall describe the election,give its date and times to be held, and
indicate the election site or sites in the district where ballots may be cast as provided
by the District. The District shall provide the information concerning date, time, and
location of the election site(s).
a. All costs of the Auditor incurred related to such general election shall be
reimbursed by the District.
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b. In addition to the obligations outlined in Section 3.d below,the Auditor may,at
their discretion, station a Deputy Auditor or Auditors at the election site who
shall observe the election and transport ballots to the Auditor's Office.
c. The Auditor shall count the ballots and certify the count of votes for each
candidate appearing on the ballot.
d. Voting by absentee shall be allowed in the District.A request for absentee ballot
may be made by an eligible voter by mail or in-person to the Auditor who
supervises the district election.
i. The Auditor shall provide an absentee ballot to each person requesting
an absentee ballot who is either included on the list of presumed eligible
voters or who submits information which, in the Auditor's opinion,
establishes his or her eligibility to vote, as required by RCW 85.38.130.
ii. The request for an absentee ballot must be made no more than forty-five
days before the election. To be valid, absentee ballots must be
postmarked on or before the day of the election and mailed to the county
Auditor.
iii. Absentee ballots will be made available and mailed on Wednesday,
January 17,2024.
e. The Auditor shall provide to the District: blue portable secure ballot cans and
two voting booths.
f. As requested by the District, the Auditor shall assign one County Elections
Official,to staff the polling location during the designated polling hours. The
Auditor,at the District's request,shall also assign a secondary County Elections
Official to assist in securing ballots and transport of the ballots from the polling
location to the secure storage at the Jefferson County Courthouse.
4. District Duties.Per RCW 8.38.130,for special district elections that are not conducted
by mail, the District shall appoint three voters of the District, who may be members of
the governing body, to act as election officials. The election officials shall distribute a
ballot or ballots to each voter of the District who arrives at the voting place during the
hours for the election on the day of the election and request a ballot.
a. The governing body of the District shall designate those hours from 7 a.m.to 8
p.m. during which the election shall be held; PROVIDED, that at least six
consecutive hours must be designated.
b. The District shall produce and distribute a ballot(s)to each voter of the district
who arrives at the voting place during the hours for the election on the day of
the election and requests a ballot.
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i. The District shall also submit a copy of the ballot as a "sample" ballot
to the Auditor.
ii. The District shall also produce a designation form for community
property,trusts,corporations,partnerships and multiple interests.As per
RCW 85.38.105 these designations must be made in writing.
5. Payment of Costs.Not later than sixty days following the certification of the election
results,the Auditor shall submit to the District an invoice listing the County's costs for
furnishing the services provided in assisting with the election. The District shall pay
the invoice within thirty days after receiving the invoice.
6. Term of Contract.The term of this Agreement is until May 31,2024,unless otherwise
amended or terminated.
7. Modification. Either party may request changes to the provisions contained in this
Contract. Such changes shall be mutually agreed upon and incorporated by written
amendment to this Contract. No variation or alteration of the terms of this Contract
shall be valid unless made in writing and signed by authorized representatives of the
parties
8. Records Retention and Audit. Per the Local Government Common Records
Retention Schedule(CORE) the District shall retain core official documentation and
certification of elections held and certified by the District for the retention period set in
Disposition Authority Number(DAN) GS2012-019 Rev. 1.
9. Filing of Agreement. Executed copies of this Agreement shall be filed with the
Auditor, as required by RCW 39.34.040.
10. Mutual Indemnity.For its comparative liability,each party agrees to indemnify,
defend and hold the other party, its officers, officials, employees, agents and
volunteers (and their marital communities), harmless from and against any
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 officers, officials, employees, agents or volunteers (and their marital
communities). A party shall not be required to indemnify, defend, or hold the
other party or its officers, officials, employees, agents and volunteers (and their
marital communities)harmless if the claim, damage, loss or expense for personal
injury, for any bodily injury, sickness, disease or death or for any damage to or
destruction of any property (including the loss of use resulting therefrom) is
caused by the sole act or omission of the other party or its officers, officials,
employees, agents or volunteers. If any concurrent act occurs or omission of the
parties and their officers, officials, employees, agents and volunteers, negligent
or otherwise, these indemnity provisions shall be valid and enforceable only for
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the comparative liability of each party and its officers, officials, employees,
agents or volunteers. 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 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 indemnification obligations of the parties shall not be
limited by the Washington State Industrial Insurance Act, Title 51 RCW, or by
application of any other workmen's compensation act, disability benefit act or
other employee benefit act. Each party expressly waives any immunity afforded
by such acts to the extent required by a party's obligations to indemnify, defend
and hold harmless the other party, its officers, officials, employees, agents and
volunteers (and their marital communities). A party's waiver of immunity does
not extend to claims made by its own employees directly against that party as
employer. The indemnity provisions of this section are a material inducement to
enter into this.Agreement and have been mutually negotiated. This section shall
survive the expiration or termination of this Agreement.
11. Compliance with Laws. Each party accepts responsibility for compliance with
federal, state, or local laws.
12. Survival. Those provisions of this Agreement that by their sense and purpose should
survive the term of this Agreement shall survive the term of this Agreement. Without
limiting the generality of the preceding sentence, and for the avoidance of doubt, the
provisions that survive the term of this agreement include: (a) controlling law; (b)
records retention and audit; and, (c)indemnification.
13. Severability. Any provision of this Agreement held to be prohibited or unenforceable
hati-b ffectiv csnl to the extent of such rohibit on or u— erlTnforceabili y p ty; without
invalidating the remaining provisions or affecting the validity or enforcement of such
provisions.
14. Contact Persons.The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. PORT LUDLOW DRAINAGE DISTRICT:
Commissioners
Port Ludlow Drainage District
P.O. Box 65261
Port Ludlow WA 98365
b. JEFFERSON COUNTY:
Jefferson County Elections
1820 Jefferson St., Port Townsend, WA 98368
Phone: (360)385-9119
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15. General Provisions.
a. No new or separate legal or administrative entity is created to administer the
provisions of this Agreement.
b. This Agreement contains all of the agreements of the parties with respect to any
matter covered or mentioned in this Agreement.
c. No provision of this Agreement may be amended or modified except by written
agreement signed by the parties.
d. This Agreement shall be binding upon and inure to the benefit of the parties'
successors in interest, heirs and assigns.
e. The parties do not intend,and nothing in this Agreement shall be construed to mean,
that any provision in this Agreement is to benefit any person or entity who is not a party.
f. This Agreement may be amended or supplemented only by a writing signed by duly
authorized representatives of all the parties.
g. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which counterparts together shall constitute the same instrument
which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different
times and places by the parties shall not affect the validity of this Agreement, so long as all the
parties execute a counterpart of this Agreement.
h. The parties agree that facsimile and electronic signatures shall have the same force
and effect as original signatures.
i Tf either party places tte—enforcement of this Agreement- in the hands of an
attorney, or files a lawsuit, each party shall pay all it sits own attorneys' fees, costs and
expenses.
j. It is understood and agreed that this Agreement is entered into in the State of
Washington. This Agreement shall be governed by and construed under the laws of the United
States, the State of Washington and the County of Jefferson, as if applied to transactions entered
into and to be performed wholly within Jefferson County, Washington between Jefferson County
residents. No party shall argue or assert that any state law other than Washington law applies to
the governance or construction of this Agreement.
k. The venue for any legal action shall be solely in the appropriate state court in
Jefferson County,Washington,subject to the venue provisions for actions against counties in RCW
36.01.050.
1. Each party shall be responsible for its own compliance with the Washington Public
Records Act, Chapter 42.56 RCW(as may be amended). This Agreement, once executed, will be
a "public record" subject to production to a third party if it is requested under the Chapter 42.56
RCW.
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m. No party may sell, transfer or assign any rights or benefits under this Agreement
without the written approval of all the parties.
n. This Agreement may not be terminated, as the election must proceed as required
under state law. If the District breaches the Agreement, it agrees that it will be liable for any costs
incurred by the Auditor in attempting to ensure that the election occurs as required under state law,
despite any breach by the District.
(SIGNATURES FOLLOW ON NEXT PAGE)
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed,
such parties acting by their representatives being thereunto duly authorized.
JEFFERSON COUNTY WASHINGTON PORT LUDLOW DRAINAGE DISTRICT
Board of County Commissioners
Jefferson County, Washington �/ �
sue'
( on_ fa iica>,7_3 page,
By: 4,12-Li' By:
Kate Dean, Chair Date Gary Rygmyr, Commissioner Date
By: ; ,, Q '�-- 14412,c( By:
Heidi Lisenho , Commissioner Date Dean Cole, Commissioner Date
By: , - By:
Greg Brotherton, Commissioner Date Michael Nilssen, Commissioner Date
SEAL: 4,"p c;,�;'''
(Af
4s•.
io .06.1.1 ZE
OFWP ''
ATTEST:
(//-W aalavtilii 7'/ /zyCarolyn Lallgway,C C, ate
Clerk of the Board
Approved as to form only:
O. C 144*-'"")
January 8, 2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed,
such parties acting by their representatives being thereunto duly authorized.
JEFFERSON COUNTY WASHINGTON PORT LUDLOW DRAINAGE DISTRICT
Board of County Commissioners
Jefferson County, Washington
By: By:
Kate Dean, Chair Date Gary Ryg yr, ' io at
&(_e(4,—
By: By:
Heidi Eisenhour, Commissioner Date Dean Cole, Co issio er Date
By: By: ( (1--tif4C ////T
Greg Brotherton, Commissioner Date Michael Nilssen, ommissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Brenda Huntingford,Auditor
DATE: January 16,2024
RE: Interlocal Agreement for Conducting an Election for the Port
Ludlow Drainage District
STATEMENT OF ISSUE:
The Port Ludlow Drainage District is a special purpose district in Jefferson County
Washington. In accordance with RCW 85.38.125(2) if a special purpose district has at least
five hundred qualified voters, the special purpose district may choose to conduct is own
elections. Port Ludlow Drainage District has more than five hundred qualified voters and the
District is choosing to conduct an election for the purpose of election a new commissioner.
ANALYSIS:
RCW 85.138.125(w) a special district that conducts its own elections must enter into an
agreement with the county auditor that specifies the responsibilities of both parties. This
Interlocal Agreement specifies the responsibilities of both parties.
FISCAL IMPACT:
All costs of the Auditor incurred related to such a general election shall be reimbursed by the
District.
RECOMMENDATION:
Recommend approval of this agreement.
REVIEWED BY:
z/V;,/
Mark McCauley, ClptntY Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port Ludlow Drainage District Contract No:,)e t(ins
G (94.24
Contract For: Conducting an Election Term: Until May 31, 2024
COUNTY DEPARTMENT: Auditor/Elections
Contact Person: Brenda Huntingford/Quinn Grewell
Contact Phone: (360)385-9358 /(360)385-9117
Contact email: bhuntingford@co.jefferson.wa.us
AMOUNT: All costs incurred will be reimbursed by the District 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# RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES OMPLIANCE W , • .S. 080 AND CHAPTER 42.23 RCW.
CERTIFIED: Q N/A:0 �'j�_�� .4„,..7 ) 5 'd�j
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DE D BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: O N/A: 0 4.As_...,vd,_ , c) 2L-J
Signatu Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/8/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/8/2024.
Contract prepared with the assistance of the PAO.
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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