Snohomish County 2022 Ballot Drop Box Licensing AgreementDocuSign Envelope ID: F31 B42CC-58FO-4B26-8F7D AOB6CB095FC2
LICENSING AGREEMENT FOR BALLOT DROP BOX LOCATIONS
I
This licensing Agreement (the "Licensing Agreement") is entered into this l 0 day of 2023
(the "Effective Date"), by and between City of Edmonds, a municipal corporation of the State of
Washington (the "City"), and Snohomish County, a political subdivision of the State of Washington (the
"County") (the City and the County collectively, the "Parties").
WHEREAS, the City is the owner of certain real property and improvements (each a "Property"
and collectively, the "Properties");
WHEREAS, the County desires to utilize portions of the Properties for placement of mail ballot
drop boxes where Snohomish County voters will be able to deposit their mail -in election ballots; and
WHEREAS, the City is willing to permit the County to place mail ballot drop boxes at one or more
of the Properties under terms and conditions set forth below;
NOW, THEREFORE, for and in consideration of the conditions and obligations set forth below, the
Parties agree as follows:
1. List of Properties. The Properties that may be used for the placement of mail ballot drop boxes
are listed in Exhibit 1 to this Licensing Agreement. The Parties, acting through their respective Project
Managers, may make additions and deletions to the list of Properties as mutually agreed in writing.
2. Grant of License. The City hereby grants to the County a license to access, enter, occupy and
use an area on each of the Properties listed in Exhibit 1 for the placement of mail ballot drop boxes
(each a "Drop Box" and collectively, the "Drop Boxes"). The Drop Box location on each Property shall be
mutually agreed upon in writing by the Parties' respective Project Managers; subject to reasonable
relocations from time to time in the reasonable discretion of the City.
3. Term. This Licensing Agreement shall be effective as of the Effective Date and shall remain in
effect until December 31, 2022, with an option for four (4) additional 12 month renewals. Each twelve
(12) month renewal option shall automatically be exercised and become effective for that period of time
unless either the County or the City gives written notice to the other party by no later than October 1 of
the preceding calendar year that it has determined that the Licensing Agreement shall not be renewed
for the next option period. PROVIDED, HOWEVER, that the County's obligations after December 31,
2022, are contingent upon local legislative appropriation of necessary funds for this specific purpose in
accordance with the Charter and applicable law.
4. Termination of Licensing Agreement. The County or the City may terminate this Licensing
Agreement at any time upon ninety (90) days written notice to the other Party.
5. Compliance with Laws. In using Drop Boxes at the Drop Box Locations, the County shall at all
times comply with all applicable federal, state and local laws, rules, regulations and ordinances.
DocuSign Envelope ID: F31B42CC-5BFO-4B26-BF7D-AOB6CB095FC2
6. Amendments. No changes or additions shall be made to this Licensing Agreement except as
agreed to by both Parties and reduced to writing and executed with the same formalities as are required
for the execution of this Licensing Agreement.
7. Obligations of the County.
7.1 The County shall securely affix each Drop Box only at the Drop Box Locations agreed to
in writing by the Parties prior to any affixation or preparatory work by the County, its
contractors or agents.
7.2 The County shall be responsible for all maintenance, repairs and upkeep to the Drop
Boxes and shall keep the Drop Boxes in a clean and safe functioning condition for the duration
of the Initial Term and any Renewal Terms.
7.3 The County shall be responsible for timely collection of ballots dropped off in the Drop
Boxes and for opening and closing the Drop Boxes at the County's desired times.
7.4 The County shall keep the Properties free of all liens for work performed in installing
and maintaining the Drop Boxes and will promptly pay amounts owed to any contractors for
such installation work and indemnify the City for any liability relating to such work.
7.5 Upon expiration or termination of this Licensing Agreement and within 90 days of such
notification, the County shall remove the Drop Boxes and restore all Drop Box Locations to the
same condition as existed before placement of the Drop Boxes.
S. Actions/Activities of the City.
8.1 The City shall not unreasonably obstruct or block access to the Drop Boxes during
periods when such boxes are open without written permission from the County.
8.2 The City shall have no duty or obligation to monitor the Drop Boxes but may inform the
County regarding any Drop Box requiring repair, upkeep or other maintenance.
9. Indemnification.
9.1 The County shall defend, indemnify and hold harmless the City, 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 act 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 Licensing Agreement or the exercise of the County's rights and privileges
under this Licensing Agreement.
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9.2 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 City only, and only
to the extent necessary to provide the City with a full and complete indemnity of claims made to
the City's employees. This waiver has been mutually negotiated.
10. Insurance. The City 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 Licensing Agreement. The County
agrees to provide the City with at least thirty (30) days prior written notice of any change in the County's
self -insured status and upon request will provide the City with a letter of self-insurance as adequate
proof of insurance.
11. Proiect Managers. The Project Managers for each of the Parties are:
For the County: For the City:
Garth Fell Angie Feser
County Auditor Parks and Recreation Director
12. Notices. Notices required by this Licensing Agreement shall be personally served, sent by
certified mail or confirmed facsimile as follows:
If to the City:
City of Edmonds,
Public Works Department
211010`h St. SW,
Edmonds, WA 98026
Attn: Facilities Manager, Jim Stevens
and
City of Edmonds
Parks, Recreation and Cultural Services
700 Main Street
Edmonds, WA 98020
Attn: Parks and Recreation Director
Phone: 425-771-0230
If to the County:
Snohomish County Elections
3000 Rockefeller Ave, M/S 505
Everett, WA 98201
Attn: Elections Manager
Phone: 425-388-3625
DocuSign Envelope ID: F3iB42CC-58FO-4B26-8F7D-AOB6CB095FC2
13. Permissive Use. The County acknowledges that all of the County's access to and use of the Drop
Box Locations before, during and after issuance of this Licensing Agreement is permissive on the part of
the City and the County makes no claim to title to the Drop Box Locations and is not acquiring any
such title via this Licensing Agreement. Title to the Drop Box Locations shall at all times remain with the
City.
City of Edmonds
FA
;t'WSM
Slpned dy:
1/7/2022
aVff5eA'a5743R Date
Attes ghtnVWted:
By, self pp-sst�
Scott Passey, City Clerk
Snohomish County
(d=I�tu�ZZ
Garth Fell Date
County Auditor
DocuSign Envelope ID: F31042CC-5BF0.4B26-8F7D-AOB6CB095FC2
Licensing Agreement for Ballot Drop Box Locations
Between the City of Edmonds and Snohomish County
Exhibit 1
Drop Box Locations
Property
Address
Edmonds library
650 Main Street
Edmonds 98020