HomeMy WebLinkAbout24-133 - King County Department of Elections - Ballot Drop Box Placement Agreement24-133
Council Approval N/A
LICENSE AGREMENT FOR THE PLACEMENT OF A BALLOT DROP BOX
This License Agreement ("Agreement") is entered into this 30th_ day of _September, 2024 (the
"Effective Date"), by and between the City of Tukwila, an independent municipal corporation of
the State of Washington, (the "Site Owner") 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: 15005
TUKWILA INTERNATIONAL BLVD TUKWILA, WA 98188 ("host location"); and
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, as more
particularly described in Attachment A ("site location"); and
WHEREAS, the "Site Owner" is willing to permit the County to place a ballot drop box at the
site 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:
Grant of Permit. The Site Owner hereby grants to the County a nonexclusive
license to access, enter, occupy and use an area at the site location for the purpose
of operating a mail ballot drop box (the "Drop Box").
2. Term. This Agreement 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 Agreement 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 Agreement shall be subject to the
termination provisions provided in Section 3 below.
Termination of Agreement. The County or the site owner may terminate this
Permit with ninety (90) days written notice to the other.
4. Compliance with Laws. In using the Drop Box at the site location, the County
shall at all times comply with all applicable federal, state and local laws, rules,
regulations and ordinances.
{ E F M 4872-0540-6186;1/ 13175.000001/1
Obligations of the County.
5.1 The County, its contractors or agents, shall securely affix the Drop Box to
an area at the site location.
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 the site 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 and defend the site owner for any claims relating to such work.
5.5 Upon the expiration of this Agreement, the County shall remove the Drop
Box and restore the site 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.
7. 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 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 made
to the Site Owner's employees. This waiver has been mutually negotiated.
Page 2 of 3
{ E F M 4872-0540-6186;1/ 13175.000001/1
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 Agreement. 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 Agreement shall be personally served, sent by
certified mail or by confirmed facsimile as follows:
If to the:
City of Tukwila
6300 Southcenter Blvd
Suite 209
Tukwila, WA 98188
Attn: Pete Mayer
If to the County:
King County Department of Elections
919 Southwest Grady Way
Renton, WA 98057
Attn: Julie Wise, KiLg County Director ofElections
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 Agreement 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 Agreement.
Title to the Drop Box area shall at all times remain with the Site Owner.
SITE OWNER
By: _Pete Mayer
Its: Deputy City Administrator
Date September 30, 2024
Approved as to Form:
D ... S neE by:
B�042F1 EB33F4BA..
Site Owner
Page 3 of 3
(E FM4872-0540-6186;1/13175.000001/1
KING COUNTY
By: Julie Wise
Its: Director of Elections
Date: October 4, 2024
Approved as to Form:
DU ector, King County Elections