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HomeMy WebLinkAbout17-110 - King County Elections - Ballot Box at Tukwila Community Center17 -110 Council Approval N/A PERMIT FOR THE PLACEMENT OF A BALLOT DROP BOX This Permit ( "Permit ") is entered into this ,(2e day of ( 16e2017 (the "Effective Date "), by and between "site owner ", an independent municipal corporation of the State of Washington, (the " ") and King County, a municipal corporation of the State of Washington (the "County ")(the "site owner" and the County collectively, the "Parties "). WHEREAS, the "site owner" is the owner of real property and improvements located at: WHEREAS, the County desires to utilize a portion of "host location" for placement of a ballot drop box where King County voters will be able to deposit their mail -in election ballots; and WHEREAS, the "host location" is willing to permit the County to place a ballot drop box at "host location" under the terms and conditions set forth below; NOW, THERFORE, for and in consideration of the conditions and obligations set forth below, the Parties agree as follows: 1. Grant of Permit. The "site owner" hereby grants to the County permission to access, enter, occupy and use an area at "host location" to be mutually agreed upon in writing executed by the Parties for the purpose of operating a mail ballot drop box (the "Drop Box "). Term. This Permit shall be effective as of the Effective Date and shall remain in effect for the initial term expiring on the three -year anniversary of the Effective Date (the "Initial Term "). The Permit may be extended (i) for a second term of one year (the "First Extended Term ") if agreed to in writing executed by the Parties at least ten (10) days prior to the expiration of the Initial Term and (ii) for a third term of one year (the "Second Extended Term ") if agreed to in writing executed by the Parties at least ten (10) days prior to the expiration of the First Extended Term. The duration of this Permit shall be subject to the termination provisions provided in Section 3 below. 3. Termination of Permit. The County or the "site owner" may terminate this Permit with ninety (90) days written notice to the other. Compliance with Laws. In using the Drop Box at, "host location" the County shall at all times comply with all applicable federal, state and local laws, rules, regulations and ordinances. 5. Obligations of the County. 5.1 The County, its contractors or agents, shall securely affix the Drop Box to an area at "host location" agreed upon by the Parties. 5.2 The County shall be responsible for all maintenance, repairs and upkeep to the Drop Box and shall keep the Drop Box in a clean and safe functioning condition for the duration of the Initial Term and any Extended Terms. 5.3 The County shall be responsible for the timely collection of ballots dropped off in the Drop Box and for opening and closing the Drop Box at the County's desired times. 5.4 The County shall keep "host location" free of all liens for work performed in installing and maintaining the Drop Box and will promptly pay amounts owed to any contractors for such installation work and indemnify the "site owner" for any liability relating to such work. 5.5 Upon the expiration of this Permit, the County shall remove the Drop Box and restore the "host location" to the same condition as existed before the placement of the Drop Box. 6. Actions /Activities of the "Site Owner" 6.1 The "Site Owner" shall not unreasonably obstruct or block access to the Drop Box during periods when the Drop Box is open without written permission from the County. 6.2 The "Site Owner" shall have no duty or obligation to monitor the Drop Box but may inform the County regarding any Drop Box repair, upkeep or other maintenance needs. Indemnification 7.1 The County shall defend, indemnify and hold harmless the "Site Owner ", its officials, officers, employees and agents from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable attorney fees) that arise out of or are related to the negligent acts or omissions of the County (and its officials, officers, employees and agents acting within the scope of their employment) in the performance of the County's obligations under this Permit or the exercise of the County's rights and privileges under this Permit. 7.2 The foregoing provisions specifically and expressly intend to constitute a waiver of the County's immunity under industrial insurance, Title 51 RCW, as respects the "Site Owner" only, and only to the extent necessary to provide the "Site Owner" with a full and complete indemnity of claims Page 2 of 3 made to the "Site Owner "'s employees. This waiver has been mutually negotiated. 8. Insurance. The "Site Owner" acknowledges, agrees and understands that the County is self - insured for all of its liability exposures. The County agrees, at its own expense, to maintain through its self - insurance program coverage for its liability exposures for the duration of this Permit. The County agrees to provide the "Site Owner" with at least thirty (30) days prior notice of any change in the County's self - insured status and upon request will provide the "Site Owner" with a letter of self - insurance as adequate proof of insurance. - 9. Notices. Notices required by this Permit shall be personally served, sent by certified mail or by confirmed facsimile as follows: If to the: Mayor of Tukwila 6200 Southcenter Blvd. Tukwila Washington 98188. If to the County: King County Department of Elections 919 Southwest Grady Way Renton, WA 98057 Attn: Julie Wise, King County Director of Elections Phone: (206) 477 -4140 10. Permissive Use. The County acknowledges that all of the County's access to and use of the Drop Box area before, during and after issuance of this Permit is permissive on the part of the "Site Owner" and that the County makes no claim to title to the Drop box area and is not acquiring any such title via this Permit. Title to the Drop Box area shall at all time -main with the "Site Owner ". By: Its: Elections Date 6 - Zo I -7 Approved as to Form: "Site Owner" Counsel Page 3 of 3 KING • UITX By: Date: Director of ti Approved as to Form: County Counsel