HomeMy WebLinkAboutAgreements/Contracts - ElectionsK19-031 # �L
BALLOT DROP BOX PROPERTY USE AGREEMENT — City of Electric City
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
City of Electric City, 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 City of Electric City owns and contains certain parcels of real
property consisting of the land and improvements collectively and commonly known as
Electric City, WA and contains 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 City of Electric City desires to make available to Grant County for the
installation, use and maintenance of a Drop Box that certain portion of the Subject
Property described 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, City of Electric City and Grant
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. City of Electric City hereby grants to Grant County, and Grant
County hereby accepts from City of Electric City the right to use the Subject Property
and Premises upon the terms, covenants and conditions set forth in this 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
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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 City of Electric City,
which consent may be granted, withheld, conditioned or delayed by City of Electric
City 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 City of
Electric City 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
City of Electric City 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 City of Electric City 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 City of Electric
City, 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.
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,
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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. City of Electric City's Responsibilities. In addition to any other responsibilities
expressly set for in this Agreement, City of Electric City 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 City of Electric City 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 public has reasonable access to the Drop
Box twenty-four (24) hours per day, seven (7) days per week for purposes of
casting election ballots.
8. Indemnification. Grant County shall indemnify, defend, and hold City of Electric City,
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 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 City of Electric City 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
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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: City of Electric City, Washington
Russell Powers, City Clerk
10 Western Ave
PO Box 130
Electric City, WA 99123
Telephone: 509-633-1510
Fax: 509-633-1401
Email: ecclerk@electriccity.us
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: miaderiund(d)-grantcountywa.gov
tgibb(a grantcountywa.gov
Copy to: Grant County Central Services
Attn: Thomas Gaines, Director
264 West Division Avenue
Ephrata, WA 98823
Telephone: 509-754-2011 x3276
Email: tgaines(@-grantcountywa.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
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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.
17. Vacation of Premises. Upon expiration or earlier termination of the Agreement,
Grant County 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 County fails to
complete the removal and/or restoration require under this section, City of Electric
City 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.
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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
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.
TTES
B bars J. Vas e
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
>5xcuse_0
•• _ i
� .I 4►t. .. � uCi Carter, Vi , -Chair
Richard Stevens, Member
City of Electric City
o
John Nordine II, May—or
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EXHIBIT A
(Parcel Number of Subject Property)
0 x
0, ; search..,
Parcel
010076000
Electric City, Town of
a ,-, •WS - Transportation - Highway
�Attn City Clerk
�Wl WESTERN AVE, ELECTRIC CITY
PO Box 130
Electric City WA
�EXEMPT FULL YEAR
99123-0130
a. , , .LOTS 28 & 29 BLOCK 3 ELECTRIC CITY
Land: $0 Land:
$0 District: 0002 - 0002
1$0: Improvements:
$0 Current Use/DFL.- No
Permanent Crop: $0 Permanent Crop:
$0 Senior/DisablUty Exemption: No
0 Total
> $0 Total Acres'
Ownership
Owner's Ndrne ownership
Electric City, Town of 100%
C City
Town of
Sales History
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EXHIBIT B
(Graphic Depiction of Premises)
The Drop Box will be in the parcel shown below:
)10596000 r
=lectric City, Town of
11 W GRAND AVE, ELECTRIC CITY -'
)10595000
Dectric City, Town of
19 W GRAND AVE, ELECTRIC CITY
)10594000
=Iectric City, Town of
15 W GRAND AVE, ELECTRIC CITY
)10593000
Jectric City, Town of
I1 W GRAND AVE, ELECTRIC CITY
)10592000
Dectric City, Town of
10 WESTERN AVE, ELECTRIC CITY
)10581003
lectric City, Town of
29 W GRAND AVE, ELECTRIC CIT
)10551001
=lectric City. Town of
106 SUNNY DR, ELECTRIC CITY
)10305000
lectric City, Town of
)10302008
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