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HomeMy WebLinkAboutAgreements/Contracts - Elections (002)K19-015 BALLOT DROP BOX PROPERTY USE AGREEMENT — Grant County Public Hospital District #5 This Ballot Drop Box Property Use Agreement (hereinafter "Agreement") is made and entered into as of the effective date (defined in Section 22 below) by and between the Grant County Public Hospital District #5, located in the City of Mattawa, a Washington municipal corporation and political subdivision of the state of Washington and Grant County (hereinafter "Grant County"). The parties collectively referred to as "Parties." RECITALS WHEREAS Grant County Public Hospital District #5 contains that certain parcel of real property consisting of the land and improvement collectively and commonly known as Grant County Public Hospital District #5 Mattawa, WA described with the parcel number and associated information in attached Exhibit A (herein "Subject Property"); and WHEREAS Grant County has secured funds in its 2018 budget to purchase, install, use and maintain a ballot drop in various locations throughout Grant County to collect ballots cast by voters in general and special elections conducted by the Auditor of Grant County pursuant to Chapter 29A of the Revised Code of Washington; and WHEREAS Grant County Public Hospital District #5 desires to make available to Grant County for the installation, use and maintenance of the Drop Box that certain portion of the Subject Property depicted in attached Exhibit B (hereinafter "Premises"); and WHEREAS the Parties agree that it is in their mutual interest and in the best interest of the general public that a Drop Box be located upon the Subject Property so as to facilitate and encourage public interest in electoral participation by local residents. NOW, THEREFORE, for in and 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, Grant County Public Hospital District #5 and Grant County hereby agree as follows: AGREEMENT 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. Grant County Public Hospital District #5 hereby grants to Grant County, and Grant County hereby accepts from Grant County Public Hospital District #5 the right to use the Subject Property and Premises upon the terms, covenants and conditions set forth in this Agreement. -1- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement 3. Use Period. This Agreement shall commence on the Effective Date and expire midnight on December 31, 2028 (hereinafter "Use Period"). Thereafter, this Agreement shall automatically renew for successive periods of one (1) year each beginning January 1 and ending December 31 (hereinafter each "Renewal Period") unless earlier terminated as provided herein below. 4. Delivery of Use; Acceptance. Grant County shall be entitled to use the Subject Property and Premises as of the Effective Date. Grant 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 Subject Property and Premises; Change of Location/Removal. 5.1. Permitted Uses. Grant County shall use the Subject Property or Premises for the sole purposes of installing, using, maintaining and removing the Drop Box and for no other uses for purposes without the prior written consent of Grant County Public Hospital District #5, which consent may be granted, withheld, conditioned or delayed by Grant County Public Hospital District #5 in its sole and absolute judgment and discretion. 5.2. Prohibited Uses. Grant County shall not use the Subject Property or 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 Subject Property or Premises, or bring into, keep, or suffer to be brought into or kept in or about the Subject Property or Premises, anything that may constitute a waste, hazard, nuisance or unreasonable annoyance to Grant County Public Hospital District #5 or its residents. Separate and apart from this Agreement, Grant County shall be solely and exclusively responsible for obtaining any regulatory approvals necessary to install the Drop Box. 5.3. Change of Location/Removal. If during the Use Period or any Renewal Period Grant County Public Hospital District #5 determines the Drop Box is no longer compatible with its use and occupancy of the Subject Property, it may require Grant County to either: (a) move the Drop Box to a newly -designated location upon the Subject Property, whereupon Grant County Public Hospital District #5 shall reimburse Grant County for the documented, reasonable cost of such move and for restoring the previous location to the condition required in Section 17 below. Upon completion of such move, the newly -designated location shall for all purposes hereunder become the "Premises"; or (b) remove the Drop Box from the Subject Property, whereupon Grant County Public Hospital District #5 shall reimburse Grant County for the documented, reasonable cost of moving the box to a new location and for restoring the previous location to the condition required in Section 17 below. The foregoing notwithstanding, Grant County shall not be required to move or remove the Drop Box during the six (6) month period between June 1 and November 30. -2- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement 6. Grant County's Responsibilities. In addition to any other responsibilities expressly set forth in this Agreement, Grant County agrees to: 6.1. Installation. Install the Drop Box in a good and workmanlike manner in accordance with the manufacturer's specifications and with all laws, rules, regulations, ordinances, permits and requirements of all governmental agencies having jurisdiction. 6.2. Maintenance. 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, Grant County shall re - secure, repair or replace the Drop Box as soon as practicable after receiving notice thereof. 6.3. Security. Provide 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, Grant County shall be solely responsible for dealing with and resolving that threat. 7. Grant County Public Hospital District #5 Responsibilities. In addition to any other responsibilities expressly set for in this Agreement, Grant County Public Hospital District #5 agrees to: 7.1. Exercise Due Care. Exercise due care and caution with respect to the Drop Box while conducting its business operations in and about the Subject Property and shall, at its sole cost and expense, repair any and all damage to the Drop Box caused by the negligent or willful conduct of its elected or appointed officials, contractors, servants, agents or employees. 7.2. Notification. Notify Grant County immediately if Grant County Public Hospital District #5 becomes aware that: (a) the Drop Box has been breached, damaged, vandalized or defaced in any way; and/or (b) any threat is made with respect to the Drop Box. 7.3. Public Access. Ensure the general Box twenty-four (24) hours per day, casting election ballots. public has reasonable access to the Drop seven (7) days per week for purposes of 8. Indemnification. Grant County shall indemnify, defend, and hold Grant County Public Hospital District #5, its elected or appointed officials and employees harmless from all claims, liabilities, costs, attorney fees and expenses of any kind, type or nature whatsoever arising out of or in any way relating to: (a) Grant County's use of the Subject Property and/or the Premises pursuant to this Agreement, specifically including, without limitation, any use of and/or entry onto the Subject Property by any member of the public in relation to the Drop Box; (b) any activity, work, or thing done, permitted or suffered by Grant County in or about the Subject Property and/or the Premises; (c) any breach or default in the performance of any obligation to be -3- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement performed by Grant County under this Agreement; or (d) any act or omission of Grant County or of its elected or appointed officials, contractors, servants, agents or employees cause by negligence or willful misconduct and then only to the extent of its or their proportionate share of liability. Grant County's obligation to indemnify Grant County Public Hospital District #5 under this Section 8 includes an obligation to indemnify for losses resulting from death or injury to Grant County's elected or appointed officials, contractors, servants, agents or employees, and Grant County hereby waives any and all immunities it now has or hereafter may have under Title 51 RCW (Industrial Insurance), or other worker's compensation, disability benefit or other similar act that would otherwise be applicable in the case of such a claim and further acknowledges that such waiver was mutually negotiated by the Parties as required by RCW 4.24.115. 9. Default; Remedies. In the event of a default under this Agreement, either Party may pursue any remedy allowed by law. 10. 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. 11. Notices. Any notices required or desired to be given shall be by telephone, electronic mail and U.S. mail to the person set forth below: To: Grant County Public Hospital District No. 5 Dana Fox, Admin/Superintendent P O Box 1581 Mattawa, WA 99349 Telephone: 509-830-8019 Fax: 509-932-5363 Email: mcmcadmin(asmwireless.net To Grant County: Grant County Auditor — Elections Division Attn: M. Jaderlund/Trisha Stevens 35 C St NW, Rm. 203 Ephrata, WA 98823 Telephone: 509-754-2011 x2733 (M. Jaderlund) 509-754-2011 x2777 (Trisha Stevens) Email: miaderlund(a grantcountywa.gov tgibb(a)-grantcountywa.gov -4- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement Copy to: Grant County Central Services Attn: Thomas Gaines, Director 264 West Division Avenue Ephrata, WA 98823 Telephone: 509-754-2011 x3276 Email: tgaines(d)grantcount a.gov Copy to: Grant County Prosecuting Attorney/Civil Division Attn: Deputy Prosecuting Attorney Kevin McCrae 35 C Street NW, Law & Justice Building Ephrata, WA 98823 Telephone: 509-754-2011 x3916 Email: kmccrae(a)_grantcountywa.gov Any Party, by written notice to the other in the manner herein provided, may designate contact information different from that set forth above. Any notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such Party. 12. Negotiation and Construction. This Agreement was negotiated by the Parties with the assistance of their own legal counsel and shall be construed according to its fair meaning and not strictly for or against either Party. 13. Time. Time is of the essence of this Agreement and of every term and provision hereof. If the date for any performance under this Agreement falls on a weekend or holiday, the time shall be extended to the next business day. 14. 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 shall be acceptable and binding. 15. Prior Agreements. 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 amended or added to, except by an agreement in writing signed by the Parties or their respective successors in interest. 16.Attorney Fees and Costs. If either Party requires the services of an attorney in connection with enforcing the terms of this Agreement, whether or not suit is brought, or in the event suit is brought for the recovery of any sums due under this Agreement or for the breach of any term, covenant or condition hereof, the substantially prevailing Party shall be entitled to reasonable attorney fees and all costs incurred in connection therewith, including, without limitation, the fees of experts and professionals, whether at trial, on appeal or without resort to suit. -5- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement 17. Vacation of Premises. Upon expiration or earlier termination of the Agreement, Grant Count shall: (a) remove the Drop Box and any associated mounting hardware from the Premises; and (b) restore the Premises to substantially the same condition existing on the Effective Date, reasonable wear and tear excepted, and leave the same in a neat, clean, safe and sanitary condition. If Grant fails to complete the removal and/or restoration require under this section, Grant County Public Hospital District #5 may cause such work to be completed and charge the documented, reasonable cost thereof to Grant County. 18. Cost of Performance. Except as otherwise expressly provided in this Agreement, all covenants and agreement to be performed by either Party shall be performed at that Party's sole cost and expense. 19. Severability. Any provision of this Agreement that proves 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. 20. 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 Grant County, Washington. 21. Exhibits. The following exhibits are attached hereto and by this reference incorporated herein as if fully set forth: Exhibit A - Parcel Information of Subject Property Exhibit B - Graphic Depiction of Premises -6- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement 22. Effective Date. "Effective Date" means the date the Grant County Executive (who shall be the last person to sign) shall have signed this Agreement as indicated opposite his name below. ST: e / ` ,,�7JL111/ "1 �rara J. Vasq e Clerk of the Board BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Tom Taylor, C air f4v &y 5) 'D Cindy Carter, 4 Viw-Chair Richard Stevens, Member GRANT COUNTY PUBLIC HOSPITAL DISTRICT #5 Dana Fox, Admin/Superintendent 7 - Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement EXHIBIT A (Parcel Number of Subject Property) ' nttP.gv-rN3.t=ifter.Ccm.-:.-ss f_ - C< Car6..$€G Tai:., _l'at'h,. .Tari' �Convat � �Sdea _ Assessor Treasurer Appraisal MapSifter 030063000 Hospital District a5 65 - Services - Professional �PO Box 1581 213 SECOND ST, MATTAWA �Mattawa WA EXEMPT FULL YEAR 99349 LOTS I8 TO 20 BLOCK 6 MATTAWA 213 SECOND ST, MATTAWA -217 SECOND ST, MATTAWx 1. �n5c:e P :zoa mrtr� �I'MaF.T. InXlffln • �111 ,1.'t� !Land: $14,175 Land: $0 District: 0006-0006 Improvements: $138,470 Improvements: $0 Current Use/DFL: No Permanent Crop: $0 Permanent Crop: $0 Senior/Disability Exemption: No Total $152,645: Total $0 Total Acres: Ownership t s Hospital District 35 100% Hospital District #5 -. 0% _ Sales History -8- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement EXHIBIT B (Graphic Depiction of Property) The Drop Box would be in the parcel in this picture: -s- Civil 8/Departments/Elections/Ballot Drop Box Property Use Agreement