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HomeMy WebLinkAboutCAG1985-002 - Original - Puget Sound Cities Insurance Authority - Creation of The Puget Sound Cities Interlocal Insurance Authority - 05/18/1985 A RISK MANAGEMENT D GROUP Cl ry Of ,iCENT CITY Cla October 1, 1985 Dear Board Member: Enclosed is an updated certified copy of the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Athority. Please make any necessary file or information copies which you may need and then forward the enclosed copy to your City Clerk for storage. Sincerely, Jill Makela Authority Secretary c Enclosure � �— / 7f r PUGET SOUND CITIES INSURANCE AUTHORITY 4719 BROOKLYN AVE N.E. SEATTLE,WA.98105 (206)54 050 INTERLOCAL AGREEMENT: CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY I hereby certify that this copy of the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority is full and complete. lUfi/ fr'S� Date Authority Secretary 1 INTERLOCAL AGREEMENT ; CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY THIS AGREEMENT is made and entered into in the State of Washington by and among the municipal corporations organized and existing under the Constitution or laws of the State of Washington; hereinafter collectively referred to as "Member Cities" or "Cities" ; and individually as "Member City" or "City" which are parties signatory to this Agreement and listed in Appendix As which is attached hereto and made a part hereof . Said Cities are sometimes referred to herein as "parties" . RECITALS WHEREAS) Ch . 48 .62 RCW provides that two or more local governmental entities may ; by interlocal agreements provide insurance for any purpose by any one or more of certain specified methods ; and WHEREAS) each of the parties to this Agreement desires to join together with the other parties for the purpose of pooling their self- insured losses and jointly purchasing excess insurance and administrative services in connection with a joint protection program for said parties ; and WHEREAS) it appears economically feasible and practical for the parties to this Agreement to do soi NOW, THEREFORE ) for and in consideration of all of the mutual benefits ) covenants and agreements contained herein ) the parties hereto agree as follows : ARTICLE I Definitions The following definitions shall apply to the provisions of the Agreement : (a ) "Authority" shall mean the Puget Sound Cities Interlocal Insurance Authority created by this Agreement . 2 (b) "Board of Directors" or "Board" shall mean the governing body of the Authority . (c) "Claims" shall mean demands made against the Authority arising out of occurrences which are within the Authority's joint protection program as developed by the Board Of Directors . (d ) "Excess Insurance" shall mean that insurance purchased on behalf of the Authority to protect the funds of the Authority against catastrophes or an unusual frequency of losses during a single year . (e ) "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority . ( f ) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Authority . (g ) " Insurance" shall mean and include self— insurance through a funded program and/or any commercial insurance contract . (h ) "Executive Director" shall mean that employee of the Authority who is appointed by the Board of Directors , and responsible for the management and administration of the Joint protection program Of the Authority . ARTICLE 2 Purposes This agreement is entered into by Cities in order to provide more comprehensive and economical liability coverage , to provide for the economical Or self insurance pooling Of insurance coverage for all form of insurance available or required by law for municipal corporations and for which State law authorizes the formation Of pooling Organizations to provide such insurance ) to reduce the amount and frequency of Cities ' losses , and to decrease the cost incurred by Cities in the handling and litigation Of claims . This purpose shall be accomplished through the exercise of the powers of Cities jointly in the creation of a separate entity, the Puget Sound Cities Interlocal Insurance ( the Authority' s to administer a joint protection program wherein Cities will pool their losses and claims , jointly purchase excess insurance and administrative and other services including claims adjusting) data processingp risk management consulting) loss prevention , legal and related services . 3 It is also the purpose of this Agreement to provide , to the extent permitted by law, for the inclusion at a subsequent date of such additional municipal corporations organized and existing under the Constitution or laws of the State of Washington as may desire to become parties to this Agreement and members of the Authority, subject to approval by the Board of Directors . It is also the purpose of this agreement to provide, to the extent permitted by law, that the "Authority" may , in the discretion of its Directors , contract with non-member Cities or other municipal corporations in the State Of Washington to provide , at a reasonable charge , such non-member Cities or municipal corporations administrative and Other services including claims adjusting , data processing , risk management consulting , loss prevention and training if they elect to independently self- insure some or all of their liability risks . ARTICLE 3 Parties to Agreement Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement and, in addition , with such other parties as may later be added to and signatories of this Agreement pursuant to Article 19 . Each party to this Agreement also certifies that the deletion of any party from this Agreement , pursuant to Articles 20 and 21 , shall not affect this Agreement nor such party's intent to contract as described above with the other parties to the Agreement then remaining . ARTICLE 4 Term of Agreement This Agreement shall become effective on January 1 , 1981 ) and shall continue for not less than three years until and unless terminated as hereinafter provided . 4 ARTICLE 5 Creation of Authority Pursuant to Ch . 48 .62 RCW the debts , liabilities and obligations of the Authority shall not constitute debts , liabilities or obligations of any party to this Agreement . ARTICLE 6 Powers of Authority (a ) The Authority shall have the powers common to Cities and is hereby authorized to do all acts necessary for the exercise of said common powers , including , but not limited to , any or all of the following : 1 ) To make and enter into contracts ; 2) To incur debts , liabilities or obligations ; 3) To acquire ) hold or dispose of propertyi contributions and donations of property ) funds ) services and other forms of assistance from persons ) firms , corporations and governmental entities ; 4) To sue and be sued in its own name and 5) To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement , or otherwise authorized by law . ( b ) Said powers shall be exercised pursuant to the terms Hereof and in the manner provided by law . ARTICLE 7 Board of Directors (a ) The Authority shall be governed by the Board of Directors which is hereby established and which shall be composed of one representative from each Member City who is an employee or official of that City ) as appointed by the City Council , Commission , or appointing official of that City . Each City Council , Commission ) or appointing official , in addition to appointing a member of the Board ► shall appoint at least one alternate who also shall be an officer or employee of that City . 5 The alternate appointed by a City shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member for whom he or she is an alternate is absent from said meeting . (b) Each member or alternate of the Board shall be appointed for a one year term and until a successor is appointed . Each member or alternate shall serve at the pleasure of the City by which he or she has been appointed as long as he or she is an officer or employee of that City . (c ) Each member of the Board shall have one vote . ARTICLE 8 Powers of the Board of Directors The Board of Directors of the Authority shall have the fallowing powers and functions : (a ) The Board may elect from its members , pursuant to Article 10 of this Agreement , an Executive Committee to which it may give authority to make and implement any decisions , including those involving the administration of the Authority, except those decisions that would require an amendment of this Agreement , under Article 26 herein . (b ) The Board may review all acts of the Executive Committee , and shall have the power to modify and/or override any decision or action of the Executive Committee upon a majority vote of the entire Board of Directors . (c ) The Board shall review, modify , if necessary , and approve the annual operating budget of the Authority . (d ) The Board shall receive and review periodic accounting of all funds under Article 14 and 15 of this Agreement . (e ) The Board shall have the power to conduct on behalf of the Authority all business of the Authority which the Authority may conduct under the provisions hereof and pursuant to law . M The Board shall determine and select a joint protection program for the Authority . (g) The Board shall determine and select all necessary insurance , including excess insurance , necessary to carry out the protection program of the Authority . 6 (h) The Board shall have the authority to contract for or develop various services for the Authority , including, but not limited to claims adjusting, loss control and risk management consulting services . ( i ) The Board shall appoint an Executive Director of the Authority and shall receive and act upon reports of the Executive Director . (j ) The Executive Director shall have the power to hire such persons as the Board authorizes for the administration of the Authority, including the "borrowing" of management- level employees from one or more of the Member Cities to assist in the development phase of the joint protection program of the Authority, subject to the approval of the Member City . Any Member City whose employee is so "borrowed" according to this provision shall be reimbursed by the Authority for that employee ' s time spent or services rendered on behalf of the Authority . ( k ) The Executive Director shall have the general supervisory control over the day-to-day decisions and administrative activities of the Authority . ( 1 ) The Board shall have such other powers and functions as are provided for in this Agreement , including , but not limited to, the power to authorize the contracts with non-member Cities or municipal corporations and the "Authority" , to provide services to such non-members as set forth in Article 21 upon such terms and conditions as the Directors shall decide appropriate . ARTICLE 9 Meetings of the Board of Directors (a ) Meetings . The Board shall provide for its regular , adjourned regular and special meetings ; provided, however , that it shall hold at least one regular meeting annually . (b) Minutes . The Board of the Authority shall cause minutes of regularr adjourned regular and special meetings to be kept and shall , as soon as possible after each meeting , cause a copy of the minutes to be forwarded to each member of the Board and to each City . (c ) Quorum . A majority of the members of the Board shall constitute a quorum for the transaction of business , except that less than a quorum may adjourn from time to time . A vote of the 7 majority of those members present at a meeting shall be sufficient to constitute action by the Board . ARTICLE 10 Executive Committee The Board of Directors may appoint at any time of the year during a board meeting an Executive Committee of the Board of Directors which shall consist of an odd number of not less than five nor more than nine members , as determined by the Board of Directors . Two of the members of the Executive Committee shall be the President of the Board of Directors , and the Vice President of the Board of Directors ; the remainder of the members , after their original election ; shall be elected by the Board of Directors at the same time the officers of the Board are elected in January of each calendar year . The President of the Authority) or the Vice President in his or her absence , shall serve as the Chairperson of the Executive Committee . The Board of Directors may delegate any of the powers of the Board as outlined in Article 8 to the Executive Committee and may establish and delegate any other powers and duties the Board deems appropriate . ARTICLE 11 Officers of the Authority (a ) President and Vice President . The Board shall elect a President and Vice President of the Authority at its first meeting ) each to hold office for one year term and until successor is elected . Thereafter in January of each succeeding calendar year , the Board shall elect or re—elect the President and Vice President for the ensuing year . In the event the President or Vice President so elected ceases to be a member of the Board , the resulting vacancy in the office of President or Vice President shall be filled at the next regular or special meeting of the Board held after such vacancy occurs . In the absence or inability of the President to act , the Vice President shall act as President . The President , or in his or her absence ► the Vice President , shall preside at and conduct all meetings of the Board and shall be a member and the Chairperson of the Executive Committee . (b) Executive Director . The Executive Director shall have the general administrative responsibility for the activities of 8 the joint protection program and shall appoint all necessary employees thereof . (c ) Treasurer . The Treasurer shall be appointed by the Board and shall be a person other than the Executive Director . The duties of the Treasurer are set forth in Article 14 and 15 of this Agreement . (d) Attorney . The Board of Directors shall select an attorney for the Authority . The attorney may be , but is not required to be) a City Attorney from a Member City . In the event the attorney is precluded from acting because of a conflict of interest or legal impediment ) or for other good reason) the Board may employ independent counsel as the attorney for the Authority . The attorney shall serve at the pleasure of the Board of Directors . ARTICLE 12 Insurance Coverage (a ) The insurance coverage provided for Member Cities by the Authority shall allow or require protection for comprehensive liability) personal injury) errors and Omissions ) contractual liability ) and such other areas of coverage as the state shall require or the Board shall determine . (b ) The Authority shall maintain an insurance limit for Member Cities determined by the Board of Directors to be adequate . The Board may arrange purchase of a group policy for Member Cities interested in obtaining additional coverage above this limit ) at an additional cost to those participating Cities . (c ) The Board may arrange for the purchase of any other insurance deemed necessary to protect the funds of the Authority against catastrophes . ARTICLE 13 Development of the Joint Protection Program (a ) As soon as practicable after the effective date of this Agreement) but prior to the effective date of the joint protection program) the Board of Directors shall adopt the Authority ' s joint protection program) including the insurance coverage provided for in Article 12) the amount of initial 9 premiums , the precise cost allocation plan and formula , the pro forma financial statement of the Authority, and the amount and type of excess insurance to be procured . (b ) The joint protection program provided by the Authority shall extend to all city department operations except transit , aviation and hospitals , unless otherwise excluded by the Board of Directors . (c ) The initial premium for each City shall be determined by the Board, in its discretion, based upon a fair formula which shall consider , but not be limited to , total City payroll , administrative experience of the City, the previous loss experience of the City, the liability risks of the City and the costs to the Authority of adding the City as a member . (d ) The cost allocation plan and formula adopted by the Board shall provide for an adjustment in the Member Cities ' premiums at the end of the first year of operation , and annually thereafter , in order to produce a premium for the following year for each City that is equal to the sum of the following three items : 1 ) That amount of losses borne individually by the City, as determined by the Board ; and 2) The City's share of pooled losses and other expenses , as determined by the Board ; and 3) The City' s contribution to a catastrophe fund and reserves for incurred-but-not-reported losses , the amount of such fund and reserves to be determined by the Board . (e) The Board may make such premium adjustments retrospective to the prior year and each Member City shall pay any additional premium required by such retrospective adjustment . ( f ) , The Board shall adopt criteria for ' determining each City' s annual share of pooled losses , expenses and contribution to a catastrophe fund which may include the City' s payroll as compared to the total payroll of all Member Cities , the City ' s individual loss experience , and such other criteria as the Board may determine to be relevant . (g ) The annual readjustment of the amount of premium shall be made and notices for readjusted premium amounts and the next year 's premiums shall be distributed at least ninety (90) days prior to the close of each fiscal year . This premium amount , together with any readjusted amount due under paragraph (a ) above , shall be due and payable on or before fifteen ( 15) days after the beginning of the fiscal year . ( h) Inasmuch as some Member Cities may experience an unusual frequency of losses during a single fiscal year , which could increase their final premium substantially above the prepaid premium for that year and cause budgetary problems , the 10 Board may provide for payment of a portion of such additional premium to be made over a period of time , not to exceed three yearsi plus reasonable interest . ARTICLE 14 Accounts and Records (a ) Annual Budget . The Authority shall annually adopt an operating budget, pursuant to Article 8(c ) of this Agreement . (b) Funds and Accounts . The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice . Books and records of the Authority shall be in the hands of the Treasurer and shall be open to any inspection at all reasonable time by representative of Member Cities . (c) Executive Director ' s Report . The Executive Director , within one hundred and twenty ( 120) days after the close of each fiscal year , shall give a complete written report of all financial activities for such fiscal year to the Board and to each Member City . (d ) Annual Audit . The Board may provide for a certified ) annual audit of the accounts and records of the Authority which audit shall conform to generally accepted auditing standards . When such an audit of the accounts and records is made by a Certified Public Accountant ; a report thereof shall be filed as a public record with each of the Member Cities . Such report shall be filed within six (6) months of the end of the year under examination . (e) Costs . Any costs of the audit , including contracts with, or employment ofp Certified Public Accountants , in making an audit pursuant to this Article , shall be borne by the Authority and shall be considered included within the term "administrative costs . " ARTICLE 15 Responsibility for Monies (a ) The Treasurer of the Authority shall have the custody of and disburse the Authority ' s funds subject to Board approval . He or she shall have the authority to delegate the signatory function to such persons as are authorized by the Board it (b) A bond in the amount set by the Board , but not less than one million dollars ($1 , 000 , 000) shall be required of all officers and personnel authorized to disburse funds of the Authority, such bond to be paid for by the Authority . (c) The Treasurer ' s duties shall include : ( 1 ) Receive and receipt for all money of the Authority and place it in the treasury to the credit of the Authority ; (2) Be responsible upon his or her official bond for the safekeeping and disbursement of all of the Authority' s money so held by him or her ; (3) Pay, when due , out of money of the Authority so Held by him or her , all sums payable on outstanding debts of the Authority ; (4) Pay any other sums due from the Authority money only upon request for payment signed by the President of the Board or the Executive Director . The Board may designate an alternate signature for each ; and (5) Verify the report in writing on the first day of July, October , January and April of each year to the Authority and to Member Cities the amount of money held for the Authority, the amount of receipts since the last report, and the amount paid out since the last report . ARTICLE 16 Responsibilities of the Authority The Authority shall perform the following functions in discharging its responsibilities under this Agreement : (a ) Provide insurance coverage as necessary, including but not limited to a self— insurance fund and commercial insurance, as well as excess coverage and umbrella insurance , by negotiation or bid, and purchase , as necessary . (b) Assist Cities in obtaining insurance coverages for risks not included within the basic coverage of the Authority . (c ) Assist each City' s assigned risk manager with the implementation of that function within the City . (d ) Provide loss prevention and safety and consulting services to Cities as required . (e) Provide claims adjusting and subrogation services for claims covered by the Authority ' s joint protection program . 12 ( f ) Provide loss analysis by the use of statistical analysis , data processing, and record and file-keeping services , in order to identify high exposure operations and to evaluate proper levels of self-retention and deductibles . (g ) Provide for Citiesi as needed , a review of their contracts to determine sufficiency of indemnity and insurance provisions . (h) Conduct risk management audits to review the participation of each City in the program . The audit shall be performed by the Executive Director or , at the discretion of the Board, an independent auditor may be retained by contract to conduct the audits . ( i ) The Authority shall have such other responsibilities as deemed necessary by the Board of Directors in order to carry out the purposes of this Agreement . ARTICLE 17 Responsibilities of Member Cities Member Cities shall have the following responsibilities : (a ) The City Council , Commission; or appointing official of each City shall appoint a representative and at least one alternate representative to the Board of Directors ) pursuant to Article 7 of this Agreement . (b ) Each City shall appoint an employee of the City to be responsible for the risk management function within that City , and to serve as a liaison between the City and the Authority as to risk management . (c ) Each City shall maintain an active safety officer and/or committees and shall consider all recommendations of the Authority concerning the development and implementation of a loss control policy to prevent unsafe practices . ( d) Each City shall maintain its own set of records ) as a loss log, in all categories of loss to insure accuracy Of the Authority' s loss reporting system . (e ) Each City shall pay its premium and any readjusted amount promptly to the Authority when due . After withdrawal or termination) each City shall pay promptly to the Authority its share of any additional premium and accrued interest at a rate 13 determined by the Board when and if required of it by the Board under Article 22 or 23 of this Agreement . ( f ) Each City shall provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the joint protection program under this Agreement . (g) Each City shall in any and all ways cooperate with and assist the Authority, and any insurer of the Authority, in all matters relating to this Agreement and covered losses ; and will comply with all by- laws , rules and regulations adopted by the Board of Directors . ARTICLE 18 Interim Period and Effective Date of Program (a ) Interim Period . Once this Agreement has been initially signed, the estimated deposit charge for each City shall be developed and presented to each City by written notice . Each City shall have thirty (30) days from the receipt of such notice to withdraw from the Agreement . After the end of this thirty (30) day period , and prior to December 1 , 1980; each City' s actual deposit charge shall be determined . Each City which signed the Agreement shall be bound thereby unless the actual deposit charge for the first year exceeds the estimated deposit charge in the written notice . If the actual deposit charge exceeds the estimated deposit charge, a Member City may nevertheless , e elect to proceed with its participation in the joint protection program by informing the Authority , in writing, of its decision to that effect . ( b ) Effective Date . After each City' s actual deposit charge for the first year has been determined , written notice to that effect shall immediately be given to all cities . The joint protection program shall become effective thirty (30) days from the date of such notice . (c ) Joint Protection Program . After this Agreement becomes effective , the Authority shall develop the details of the Joint Protection Program more fully described in Article 12 and 13 of this Agreement . 14 ARTICLE 19 New Members After the effective date of the joint protection program is established by the Authority, according to the provisions of Article 18; additional cities shall not be permitted to become signatories to this Agreement , Or to enter the joint protection programp during the first year of operation . Following the first year of Operation, the Authority shall allow entry in the program of new members approved by the Board at such time during the year as the Board deems appropriate . Cities entering under this Article will be required to pay their share of organizational expenses as determined by the Board , including those necessary to analyze their loss data and determine their premiums . ARTICLE 20 Withdrawal (a ) A Member City may withdraw as a party to this Agreement pursuant to requirements of Article 18. (b ) A Member City which signs the Agreement and enters the joint protection program pursuant to Article 18 may not withdraw as a party to this Agreement and as a member of the Authority for a three-year period commencing on the effective date of the joint protection programs as determined by Article 18. (c ) After the initial three-year noncancellable commitment to the programs a Member City may withdraw only at the end of any fiscal years provided it has given the Authority a twelve-month written notice of its intent to withdraw from this Agreement and the joint protection program . ARTICLE 21 Cancellation The Authority shall have the right to cancel any Member City ' s participation in the joint protection program upon a three- quarters vote of the entire Board of Directors . Any City so cancelled shall be given one hundred and eight ( 180) days notice 15 prior to the effective date of the cancellation . Any city so terminated shall have a period of six months coverage of the program, if they so desire . ARTICLE 22 Effect of Withdrawal (a ) The withdrawal of any City from this Agreement shall not terminate the same and no City by withdrawing shall be entitled to payment or return of any premium, consideration of property paid, or donated by the City to the Authority , or to any distribution of assets . (b ) The withdrawal of any City after the effective date of the joint protection program shall not terminate its responsibility to contribute its share of premium or funds to any fund or insurance program created by the Authority until all claims , or other unpaid liabilities , covering the period the City was signatory hereto have been finally resolved and a determination of the final amount of payments due by the City or credits to the City for the period of its membership has been made by the Board of Directors . In connection with this determination, the Board may exercise similar powers to those provided for in article 23( c ) of this Agreement . ARTICLE 23 Termination and Distribution (a) This Agreement may be terminated any time during the first three noncancellable years by the written consent of all Member Cities , and thereafter by the written consent of three- fourths of the Member Cities ; provided, however , that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims , distribution of assets and all other functions necessary to wind up the affairs of the Authority . (b ) Upon termination of this Agreement , all assets of the Authority shall be distributed only among the parties that have been Members of the joint protection program, including any of those parties which previously withdrew pursuant to Article 20( d) or 21 of this Agreement , in accordance with and proportionate to their cash ( including premium) payments and property (at market value when received ) contributions made during the term of this 16 Agreement . The Board shall determine such distribution within six months after the last pending claim or loss covered by this Agreement has been finally disposed of . (a ) The Board is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority . These powers shall include the power to require Member Cities , including those which were Member Cities at the time the claim arose or at the time the loss was incurred ) to pay their share of any additional amount of premium deemed necessary by the Board for final disposition of all claims and losses covered by this Agreement . A City' s share of such additional premium shall be determined on the same basis as that provided for annual premiums in Article 13( d) and (e) of this Agreement , and shall be treated as if it were the next year ' s annual premium for that City , subject to the limits described in Article 13(h) of this Agreement . ARTICLE 24 Provisions for By-Laws and Manual As soon as practicable after the first meeting of the Board of Directors , and within the first twelve months of the Authority' s existence , the Board shall cause to be developed Authority by- laws and a policy and procedure manual to govern the day-to-day operations of the Authority . Each Member City shall receive a copy of any by- lawsi policy statement or manual developed under this Article . ARTICLE 25 Notices Notices to Member Cities hereunder shall be sufficient if mailed to the office of the City Clerk of the respective Member City . 17 ARTICLE 26 Amendment This agreement may be amended at any time by the written approval of all City Councils or Commissions of Cities signatory to its or by an amendment adopted in the manner provided for in the By- Laws . ARTICLE 27 Prohibition Against Assignment No City may assign any right , claim or interest it may have under this Agreement , and no creditor , assignee or third party beneficiary of any City shall have any right , claim or title to any part, share , interest ] fund , premium or asset of the Authority . ARTICLE 28 Agreement Complete The foregoing constitutes the full and complete Agreement to the parties . There are no oral understandings or agreements not set forth in writing herein . IN WITNESS WHEREOF) the parties hereto have executed this Agreement by Authorized officials thereof on the date indicated in Appendix A. APPENDI A DATE: ATTEST : 0 A T E LQL G��S_--- CITY OF ------------ BY - A--- -- >- ATTEST DATE:.�..7 -�? ��.__ CITY OF _ -7 12 ---�2eC4,A.—, ATTEST . DATE : _ D_�� CITY OF _ !�lo�r0e. - ---- ------------------ i BY: ---4t4 - - ------ ATTEST : . DATE: Aaril 3_ 1985 CITY OF MERCER ISLAND_______-- BY - __wr - ----------- Mayor ATTEST : � GATE _APril___._12$5_ CITY OF __Ki rJlgi(Id ________________ BYEr_--- --------------- --------- Mayor Doris Cooper ATTES DATE: }Ap_r j_l 5.,,_ 1985 CITY OF __ ABERDEEN ______________ BY : Geor Irwin, Ma or ATTEST ; red Thurman, Finance Dir. DATE :_April_8._1485 CITY OF �entraliat_Wa__________ BY : -- --- ---- ------ - ------ ack Gelder, Mayor ATTEST : Rich Hanna, i Clerk DATE : T'/a=�'S__-- CITY OF _ QCT-f1- B12��s1[�f2 BY - - - - ----- ATTESTS DATES y1� ems_ CITY OF - Medina __________________ - -------- BY ' - ------ -- - - ------ ATTEST w DATE_-_!__________ CITY OF —Z----- --------------- BY ATTEST ° ------------------ DATE - 4/"o-).f 005 __ CITY OF �S O�IVeS BY ATTEST : • DATE : �l `J --- CITY OF ----------- ------------ BY -- ---- -------- ---- ATTEST '--------------------------- DATE : S CITY OF ----- BY : ---------------- ATTEST : -N DATE: _�-��o��s— C I TY OF BY -- ------ ---- - ---- ATTEST :_ DATE :_�� 1 85 CITY OF BY : -------- -��=---- ----- ATTEST : DATE: _ CITY OF ATTESTS _ DATE : CITY OF10.___ ATTEST = APPENDIX D-1 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES I NTERLOCAL INSURANCE AU11-10R 1 T Y WHEREAS, in 1980 the Washington Cities of Mercer Island , Mountlake Terrace , Olympia , Kirk and , !"arysville , Lacey , Kent , Everett and Des Moines did enter into and sign an interlocal agreement , as authorized by CH 48. 62 RCW for the creation of an operation Of a liability self- insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority ; and WHEREAS, the above referenced interlocal agreement provides in Article 19 for the additi ❑n of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said AutHority > and WHEREAS, Art . IV, Sec . 8 of the By- laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member citi s to said Authority + and WHEREAS, on April 16, 198S , the Board of Directors of the Puget Sound Cities lr,terlocal Insurance Authority did pass a motion authorizing and inviting the City of Normandy Park to become a new member of said Authority and WHEREAS, the City of Normandy Park by decision of its respective legislative and executive authorities , has decided tc become a new member city to the Puget Sound Cities Interlocal Insurance Authority , commencing on June 1 , 1585 ; NOW, THEREFORE , for and in consideration of all of the mutual benefits , covenants , and agreements contained herein , the City ❑f Normandy Park , by signature of its respective authorized representative to this Appendix D-1 to the original interlocal agreement , do hereby agree to be bound t❑ all the terms , conditions , and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendixes , which are incorporated by reference Herein and to become members of said Authority commencing at 12 : 01 a . m . on June 1 , 1585 . The new member city whose representative sign this Appendix 0-1 agree that they shall be bound to the original interlocal agreement and all previous appendixes , and to which this Appendix D-1 is attached ; and further agree that they shall be bound by all provisions and terms of the By- laws Of the Puget Sound Cities Interlocal Insurance Authority as they now exist or may be amended in the future . The new member city whose representative sign this agreement shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12 : 01 a . m . , June 1 , 1985 . IN WITNESS WHEREOF , the Party hereto has executed this Appendix D-1 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by authorized official thereof on the date indicated below . DATE /- -------- ---- - -- - TITLE ATTEST - r - --\ ����� DATE: 4 S-'340 -------------------- APPENDIX D-2 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS, in 1980, the Washington Cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland, Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an interlocal agreement, as authorized by Chapter 48.62 RCW for the creation of an operation of a liability self-insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority; and WHEREAS, the above referenced interlocal agreement provided in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and WHEREAS, Article IV, Section 8 of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority; and WHEREAS, on April 18, 1985, the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did' pass a motion authorizing and inviting the City of Mill Creek to become a new member of said Authority; and WHEREAS, the City of Mill Creek by decision of its respective legislative and executive authorities, has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority, commencing on June , 1985 ; now, therefore, 1 FOR AND IN CONSIDERATION OF all of the mutual benefits, covenants, and agreements contained herein, the City of Mill Creek , by signature of its respective authorized representative to this Appendix D-2 to the original interlocal agreement, does hereby agree to be bound to all the terms, conditions, and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendices, which are incorporated by reference herein and to become members of .said Authority commencing at 12:01 a.m. on June � 1985; provided, that the city shall not be obligated for any damage, cost, expense or liability which has arisen or occurred prior to June 1985, regardless of when claim for said damage, cost, expense or liability is made. The City of Mill Creek further agrees that it shall be bound by all provisions and terms of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority as now exist or may be amended in the future. The City of Mill Creek shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12:01 a.m. , June 1985; provided, that the city shall not be obligated for any damage, cost, expense or liability which has arisen or occurred prior to June , 1985, regardless of when claim for said damage, cost, expense or liability is made. 2 - IN WITNESS WHEREOF, the City of Mill Creek has executed this Appendix D-2 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by' authorized official thereof , on the date indicated below. DATED as of the //Aay of , 1985. CITY OF MILL CREEK By SrD HAN ON, MAYOR ATTEST: By By ,, ohn R. Adamson, Authorized Repre- wja d MI ELE SCHUTO CLERK sentative 3 - - t APPENDIX D-3 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS, in 1980, the Washington Cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland, Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an interlocal agreement, as authorized by Chapter 48. 62 RCW for the creation of an operation of a liability self-insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority; and WHEREAS, the above referenced interlocal agreement provided in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and WHEREAS, Article IV, Section 8 of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority; and WHEREAS, on April 18, 1985, the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Issaquah to become a new member of said Authority; and WHEREAS, the City of Issaquah by decision of its respective legislative and executive authorities , has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority, commencing on June 1, 1985 ; now, therefore, FOR AND IN CONSIDERATION OF all of the mutual benefits , covenants, and agreements contained herein, the City of Issaquah, by signature of its respective authorized representative to this Appendix D-3 to the original interlocal agreement, does hereby agree to be bound to all the terms, conditions , and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendices , which are incorporated by reference herein and to become members of said Authority commencing at 12:01 a.m. on June 1, 1985; provided, that the city shall not be obligated for any damage, cost, expense or liability which has arisen or occurred prior to June 1, 1985, regardless of when claim for said damage, cost, expense or liability is made. The City of Issaquah further agrees that it shall be bound by all provisions and terms of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority as now exist or may - be amended in the future. The City of Issaquah shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12:01 a.m. , June 1, 1985; provided, that the city shall not be obligated for any damage , cost, expense or liability which has arisen or occurred prior to June 1, 1985, regardless of when claim for said damage , cost, expense or liability is made. 2 - IN WITNESS WHEREOF, the City of Issaquah has executed this Appendix D-3 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by authorized official thereof , ion the date indicated below. DATED as of the 3/17-rday of 1985. CITY OF SAQUAH,` By .J. CULVER, YOR ATTEST: By L NDA RUEHLE, CITY CLERK 3 - r APPENDIX D-4 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS; in 1980 the Washington Cities of Mercer Island, Mountlake Terrace ; Olympia , Kirkland, Marysville ] Lacey, Kent , Everett and Des Moines did enter into and sign an interlocal agreement , as authorized by CH 48.62 RCW for the creation of an operation of a liability self— insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority ; and WHEREASP the above referenced interlocal agreement provides in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority ; and WHEREAS, Art . IV, Sec . 8 of the By— laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority ; and WHEREAS, on April 18) 19851 the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Camas to become a new member of said Authority ; and WHEREASP the City of Camas by decision of its respective legislative and executive authorities has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority ; commencing on June 1 , 1985; NOW, THEREFORE, for and in consideration of all of the mutual benefits , covenants , and agreements contained herein , the City ❑f Camas , by signature of its respective authorized representative to this Appendix 0-4 to the original interlocal agreement, do hereby agree to be bound to all the termsy conditionsi and covenants of the original Interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendixes , which are incorporated by reference tierein and to become members of said Authority commencing at 12 : 01 a .m . on June 1 , 1985. The new member city whose representative sign this Appendix 0-4 agree that they shall be bound to the original interlocal agreement and all previous appendixes , and to which this Appendix D-4 is attached ; and further agree that they shall be bound by all provisions and terms of the By- laws of the Puget Sound Cities Interlocal Insurance Authority as they now exist or may be amended in the future . The new member city whose representative sign this agreement shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12: 01 a .m . , June 12 1985. IN WITNESS WHEREOF, the party hereto has executed this Appendix D-4 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by authorized official thereof on the date indicated below . c DATE: - �' --�� _ BY _ s- - - - ----- TITLE :_ --------------- ATTEST : DATE: �� APPENDIX D-5 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS, in 1980 the Washington cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland, Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an Interlocal Agreement, as authorized by Chapter 48. 62, R.C.W. , for the creation of and operation of a liability self-insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority; and WHEREAS, the above referenced Interlocal Agreement provides in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and WHEREAS, Article IV, Section 8, of the Bylaws of the Puget Sound Cities Interlocal Insurance Authority provides the pro- cedure for the admission of new member cities to said Authority; and WHEREAS, on April 18, 1985, the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Chehalis, Washington, a municipal corporation, to become a new member of said Authority; and WHEREAS, the City of Chehalis, Washington, by decision of its respective legislative and executive authorities has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority, commencing June 1, 1985, now, therefore, For and in consideration of all of the mutual benefits, covenants and agreements contained herein, the City of Chehalis, Washington, a municipal corporation, by signature of its respective authorized representative to this Appendix D-5 to the original Interlocal Agreement Creating the Puget Sound Cities Interlocal Insurance Authority does hereby agree to be bound to all of the terms, conditions and covenants of the original Interlocal Agreement Creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendices, which are incorporated by reference herein, and to become members of said Authority commencing at 12 : 01 a.m. on June 1, 1985. The City of Chehalis, Washington, agrees that it shall also be bound by all of the provisions and terms of the Bylaws of the Puget Sound Cities Interlocal Insurance Authority as the same now exist or may be amended in the future. The City of Chehalis shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12 : 01 a.m. , June 1, 1985. IN WITNESS WHEREOF, the City of Chehalis, Washington, a municipal corporation, has executed this Appendix D-5 to the Interlocal Agreement Creating the Puget Sound Cities Interlocal Insurance Authority by the authorized official thereof on the date indicated below. DATE: June 24 , 1985 CITY OF CHEHALIS, WASHINGTON, a muni �ipal corpor tion By 'It ?Yty Manager Attest: C_ y Clerk -2- APPENDIX D-6 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS5 in 1980 the Washington Cities of Mercer Island ; Mountlake Terrace, Olympia , Kirkland, Marysville , Lacey , Kent , Everett and Des Moines did enter into and sign an interlocal agreement , as authorized by CH 56 .62 RCW for the creation of an operation of a liability self- insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority and WHEREAS) the above referenced interlocal agreement provides in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority ; and WHEREAS, Art . IV, Sec . 8 of the By- laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority ; and WHEREAS) on April 18) 19851 the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Mt . Vernon to become a new member of said Authority ; and WHEREAS, the City of Mt . Vernon by decision of its respective legislative and executive authorities , has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority) commencing on June 1 , 1985 ; NOW, THEREFORE , for and in consideration of all of the mutual benefits , covenants , and agreements contained herein , the City of Mt . Vernon ) by signature of its respective authorized representative to this Appendix 0-6 to the original interlocal agreements do hereby agree to be bound to all the terms , conditions , and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendixes , which are incorporated by reference Herein and to become members of said Authority commencing at 12 : 01 a . m . on June 1 , 1985 . The new member city whose representative sign this Appendix 0-6 agree that they shall be bound to the original interlocal agreement and all previous appendixes , and to which this Appendix D-6 is attached ; and further agree that they shall be bound by all provisions and terms of the By- laws of the Puget Sound Cities Interlocal Insurance Authority as they now exist or may be amended in the future . The new member city whose representative sign this agreement shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12: 01 a .m . , June 1 , 1565. IN WITNESS WHEREOF, the party hereto has executed this Appendix 0-6 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by authorized official thereof on the date indicated below . �- - - �X X-"-.r- DATE: !�.5� BY :_ ------- TITLE:---L�^��Q ----------------- ATTEST : - / DATE : ------�L' 8.�------ a APPENDIX 0-7 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS, in 1950 the Washington Cities of Mercer Island , Mountlake Terrace , Olympia , Kirkland, Marysville, Lacey, Kent , Everett and Des Moines did enter into and sign an interlocal agreement, as authorized by CH 58.62 RCW for the creation of an operation of a liability self— insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority ; and WHEREAS, the above referenced interlocal agreement provides in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority ; and WHEREAS, Art . IV, Sec . 8 of the By— laws of the Puget Sound Cities Interlocal insurance Authority provides the procedure for the admission of new member cities to said Authority ► and WHEREAS, on Apri ! 18, 1985, the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Edmonds to become a new member of said Authority ; and WHEREAS, the City of Edmonds by decision of its respective legislative and executive authorities , has decided to become a new member city to the Puget Sound Cities Interiocal Insurance Authority, commencing on June 1 , 1985i NOW, THEREFORE, for and in consideration of all of the mutual benefits , covenants , and agreements contained herein, the City of Edmands , by signature of its respective authorized representative to this Appendix 0-7 to the original interlocal agreement, do hereby agree to be bound to all the terms , conditions , and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendixes , which are incorporated by reference Herein and to become members of said Authority commencing at 12: 01 a . m . on June 1 , 1985 . '; he new member city whose representative sign this Appendix 0-7 agree that they shall be bound to the original interlocal agreement and all previous appendixes , and to which this Appendix 0-7 is attached ; and further agree that they shall be bound by all provisions and terms of the By- laws of the Puget Sound Cities Interlocal Insurance Authority as they raw exist or may be amended in the future . The new member city whose representative sign this agreement shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12: 01 a .m. , June 1 , 19B5 . IN WITNESS WHEREOF, the party hereto has executed this Appendix 0-7 to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority by authorized official thereof on the date indicated below . DATE.— v7- v S By : r-- ---------- ----------- ----------------- r ATTEST APPENDIX D$ TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY WHEREAS, in 1980, the Washington Cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland, Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an interlocal agreement, as authorized by Chapter 48. 62 RCW for the creation of an operation of a liability self-insurance pool for the mutual protection and benefit of said cities known as the Puget Sound Cities Interlocal Insurance Authority; and WHEREAS, the above referenced interlocal agreement provided in Article 19 for the addition of new member cities to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and WHEREAS, Article IV, Section 8 of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority; and WHEREAS, on April 18, 1985, the Board of Directors of the Puget Sound Cities Interlocal Insurance Authority did pass a motion authorizing and inviting the City of Winslow to become a new member of said Authority; and WHEREAS, the City of Winslow by decision of its respective legislative and executive authorities, has decided to become a new member city to the Puget Sound Cities Inter- local Insurance Authority, commencing on June 1, 1985; now, therefore, FOR AND IN CONSIDERATION OF all of the mutual bene- fits, covenants, and agreements contained herein, the City of Winslow, by signature of its respective authorized representa- tive to this Appendix D-2 to the original interlocal agreement, does hereby agree to be bound to all the terms, conditions, and covenants of the original interlocal agreement creating the Puget Sound Cities Interlocal Insurance Authority and all previous appendices, which are incorporated by reference herein and to become members of said Authority commencing at 12:01 a.m. on June 1, 1985; provided, that the city shall not be obligated for any damage, cost, expense or liability which has arisen or occurred prior to June 1, 1985, regardless of when claim for said damage, cost, expense or liability is made. The City of Winslow further agrees that it shall be bound by all provisions and terms of the By-Laws of the Puget Sound Cities Interlocal Insurance Authority as now exist or may be amended in the future. The City of Winslow shall have the benefits of the Joint Protection Program and obligations thereto as provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12:01 a.m. , June 1, 1985; provided, that the city shall not be obligated for any damage, cost, expense or liability which has arisen or occurred prior to June 1 , 1985, regardless of when claim for said damage, cost, expense or liability is made. IN WITNESS WHEREOF, the City of Winslow has executed this Appendix D-2 to the Interlocal Agreement creating the - 2 - f Puget Sound Cities Interlocal Insurance Authority by authorized official thereof, on the date indicated below. DATED as of the �day of , 1985. IV CITY OF WINSLOW By ALICE B. TAWRESEY, MAYOR ATTEST: By DONNA E XTON, IT CLER 3 APPENDIX D-9 TO INTERLOCAL AGREEMENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AU7'-ORITY WHEREAS, in 1960 the WasF- ington Cities cf Mercer Island , Mountlake Terrace , Olympia , Kirkland "!o, ysvifie , Lacey Kent , Everett and Des Moines did enter into ane sign an interlocal agreement , as authorized by C! EE . 62 RCw fQr the cre�;ticn of e-, operation of s 1iac ity se , -- : nsurc.nce poci for the mutue ! protection and benefit of sa cities T;Zwn E-s the Puget Sound Cities Interlocal Insurance Aut�-)ority ; ar._ WHEREAS] the above reierenceci ir.tercral agreement provices in Article 19 for the addition of new member cities to said Authority after one year of operation &s determined by vote of the Board of Directors of said Authority ; and WHEREAS, Art . IV, Sec . E =f the Sy- laws of the Puget Sound Cities Interlocal Insurance Authority provides the procedure for the admission of new member cities to said Authority ; and WHEREAS; on April 18) 1981--� , the Bard of Directors of the Puget Sound Cities lnterlecai Insurance Authority did pass a motion authorizing anc invit : tke Cit> cf Puyallup to become a new member ci said Authority ; e.nci WHEREAS, the City of Puyallup by decision of its respective legislative and executive authoritiesi has decided to become a new member city to the Puget Sound Cities Interlocal Insurance Authority, commencing on June 1 , 198S; NOW, THEREFORE ) for and in consideration of all of the mutual benefitsi covenants , and agreements contained herein , the City of Puyallup , by signature of its respective authcrizeG representative to this Appendix D-9 to the erisinal interlocal agreement , do hereby agree to be bound tc all the terms , conditions , and covenants of the oriV ne, i interlocal agreement creating the Puget Sound Cities interlocal Insurance Au_rerity and all previous appendixes , which are incorporated by reference herein and to become members of said Authority commencing at 12 : 01 a . m . on June 1 , 1985 . The new member city whose representative sign this Appendix D-9 agree that they shall be bound to the original interlocal agreement and all previous appendixes , and to which this Appendix D-9 is attached ; and further agree that they shali be bound by all provisions and terms of the Sy- laws of the Puget Sound Cities Interlocal Insurance Authority as they now exist or may be amended in the future . The new member city whose representative sign this agreement shall have the benefits of the Joint Protection Program and obligations thereto as Provided by the Puget Sound Cities Interlocal Insurance Authority commencing at 12 : 01 a . m . , June 1 ) 1585 . IN WITNESS WHEREOF ) the party Hereto has executed this Appencix 0-9 to the Inter ; ocF- ! Agreement cree.tirg the Feet Soun6 Cities lnterlocal Insurance Authority by authorizec atficial thereof an the date indicated below . 1AyDATE : -------�-S----------- BY : -- ----- -- --------` ---------- TITLE : I" q --- ---------------- ATTEST -- ------- DATE-- v`- - `�✓--- INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Mik NEW YORK, NEW YORK Attached to and hereby made a part of Certificate of Excess Insurance No. XCP 15 66 93 DECLARATIONS RO: REWRITE OF XCP 156652. ____ ---------- -- Item 1. '_PUGET SOUND CITIES INSURANCE AUTHORITY Nameof (SEE ENDORSEMENT NO. 2) Insured— 4719 BROOKLYN AVE. , N.E. Item 2. SEATTLE, WASHINGTON 98105 Address— (— Item 3. Certificate Term— From: MAY 18, 1985 To: MAY 18, 1986 12:01 A.M., standard time at the address of the insured as stated in Item 2 above. Item 4. Primary Insurance— Ln Primary Carriers Policy Numbers Policy Periods co w QC L-� c � SELF—INSURED PER ATTACHED MANUSCRIPT FORM — PSCIA 85 V 3- Item 5. Description of Primary Insurance— COMPREHENSIVE GENERAL LIABILITY, AUTOMOBILE LIABILITY, STOP—GAP COVERAGE, ERRORS Oft OMISSIONS LIABILITY & EMPLOYEE BENEFITS LIABILITY: $500,000. ANY ONE OCCURRENCE, SELF—INSURED RETENTION. Item 6. Description of Excess Insurance— eSTOP—GAP S GENERAL COMPREHENSIVE COVERAGE, ERRORSOR OMISS ONSILIABILITYOANDE EMPLOYEE BENEFITS LIABILITY: $4,500,000. EXCESS OF LIMITS SPECIFIED IN ITEM 5. ABOVE. Item 7. Premium— $547,000. MINIMUM AND DEPOSIT PREMIUM, ADJUSTABLE AT $2.1083 PER $1,000. ANNUAL BUDGET. Item 8. attached hereto and made a part hereof: No.l Nuclear Energy Liability Exclusion Endorsement (Form LC-1012) No.2—Named Insured Endorsement No.3—Pollution Exclusion—Absolute No.4—Failure to Supply Exclusion ' AND Manuscript Form No. PSCIA-85. MY/jn/8/15/85 LD 828 Pid in U S.A. NUCLEAR LNERGY 1-1�13ILITY EXCLUSION ENDORSEMENT INK (Broad Form) Named Insured n orsement o. 1 Effective Policy Number XCP 15 66 52 Issued By (Name of Insurance Company) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. 1 his endorsement such Insurance as is of forded by the provisions of the policy(eluting to the following: I i ALL AUTOMOBILE LIABILITY,GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE,SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE I i Bret d thal, I I he policy does not apply A Urltff, any Liability Coverage, to bodily injury or properly damage. Ill �viih respect to which an Insured under the policy Is also art IIISU(ed Under a nuclear energy liability policy issued by Nuclear Energy Liability Insiaiince Association, Mutual Atomic Energy Liability Unde(wnturs 0f Nuclear Insurance Association of Canada, or would be an Insured AfIdel any such policy but lot Its termination upon exhaustion of Its lunit of liability,or 12) iesult ng from the hazardous properties of nuclear naterial and with respect to which (a) any person or organization is required to maintain linancial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the Insured is, or had this policy not j tar(�n Issued would be,entitled to indemnity from the United States of America,or any agency thereof, under any agreement entered into by the Uf.ited States of America,or any agency thereof, with any person or organization. fs Unifer any Medical Payments Coverage,or under any Supplementary Payments provision relating to first aid, to expenses Incurred with respect to hndily Injury resulting from the hazardous properties of nucleaf malerol and arising out of the operation of a nuclear facility by any person or OI,1,11 IzatlOn I C Uridt i any l fahtlity Coverage, to hod,ly injury Of properly ddnu3ge it 3ultinq h0fn life hazardous properties of nuclear material, if 11, ow nuclear waterial (a)is at any nuclear Iaclllly owned by, off cope riled by or on huhaif of,an Insured or(b)has been discharged or dispersed therefrom, 121 int.nuclear nliaterial is conlanied in spent luel or illy link lul,setised, handled, used, processed, stored, transported or disposed of by or on behall of an Insured,of (3) the uodily injury of property damage apses out of t1w furnr;hing by in Insured of services, materials, parts or equipment in connection with llie planning, construcuon, rnarllleflamt]e, opClati'm of Hill of any nuduai trwilily. hill if such facility is located within the United States of America, its ierntoues or pw,sessions or Canada, this e,.c11,,u,m(,if,ipplrs only to property damage to such nuclear facility and any property thnieal II As used in this endorsement "hazardous properties"Include rldtuactive, toxic or e,plosive propene,, "nuclear material"means source material, specrll nucleal material of hyliroduct material, "source material", "special nuclear material",and"byproduct material"h,lve the meanings given them in the Atomic Energy Act of 1954 or in any law an'wndatory thereof, "Spent fuel"means any fuel element or Iuel cixnpialenl, solid or Ililultl which ha,hoc!used 01 exposed to radiation in a nuclear reaclor; "waste"Ini;tits any wash!Inaluri,li(a)(onf,iminq by-product material(,Ihol 01,111 Ihtf 1,1111ny_s of wastes produced by the extraction or Concenlra 11t)11 OI Iifalillinl or tholluill hollt;Illy Ore pfoce"'se(I pfllu,lfily fni 11-,source material(oweni, and(b) rf'sulting from the operation by any person or of )ijriiz,iliofi of any nuclear facility Included undel the Insl two paiegfaph,of the definition of nuclear facility. "nuclear facility"means (a) any nuclear reactor, (h) Ally equipment or device deslgnerl 01 used flu 111 the r,ulopC,of ta'Inlurn or plutonium, (2) processing or utilizing spent fuel, or (3)handling, processing or packaquul wusul. (l) ;Illy equipnu;nt or device used for the pfil, e;;unj, f,ihi1i',lUnq Of ,IIh,yluy of ,p<ti fat nuclear (nmenal if at any time the total amount of such nlat(rlA1 In the CIIstody of the InSUIed,it the pielnlsP.,whole,jj,eglUpfneni or device IS located consists of or contains more than 25 grams of plutonium or uranium 233 or any combtration lhefrfol, of niorc Than 2ti)grarm,of uranium 235, it ,itiy slructuio basin, excavation, prclnl,ti,of pl.lrc pitipolc;l or used lot Iht .;Iol,Igi�of disposal of waste, and includes the silo on which any nl the luleyuinfl i,Iul,Ited.,ill opemI for ls I..onduc n fell o such site and all premises used for such operations, "nuclear reactor" means any apparatus designed of used 10 sustain nliciear fISSIOn In d self supporting chain reaction or to contain a critical mass of fissionable material, property damage" ficludes all founts of r,idioacUvlt rnnlunlui,uinn ill pniperty I My/jn/8/15/85 Authorized XjWY epresentative I t If;I;n l;i zl I'Mt,191 Pid ir,ll S A t ' Endorsement Number FNamed Insured 2 cy Symbol Policy Number Policy Period Effective Date of Endorsement CP 15 66 93 ed By(Name of Insurance Company) Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE NAMED INSURED SHALL READ AS FOLLOWS: PUGET SOUND CITIES INSURANCE AUTHORITY AND THE FOLLOWING MEMBER CITIES: ABERDEEN TUMWATER ANACORTES TUKWILA CENTRALIA NORTH BONNEVILLE DES MOINES PUYALLUP KENT CAMAS KIRKLAND CHEHALIS LACEY NORMANDY PARK MARYSVILLE WINSLOW MERCER ISLAND ISSAQUAH MEDINA MILLCREEK MONROE MOUNT VERNON MOUNTLAKE TERRACE EDMONDS MONTESANO OLYMPIA iOCEAN SHORES i I r1Y/j n/8/15/8 5 Authorized AG1y" Ve CC-1E15 Ptd. In U.S.A. ORIGINAL Endorsement Number Named Insured 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XCP 15 66 52 Issued By(Name of Insurance Company) insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. POLLUTION EXCLUSION - ABSOLUTE EXCLUSION (E) IS AMENDED TO READ AS FOLLOWS: TO BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE DISCHARGE, DISPERSAL, RELEASE OR ESCAPE OF SMOKE, VAPORS, SOOT, FUMES, ACIDS, ALKALIS, TOXIC CHEMICALS, LIQUIDS OR GASES, WASTE MATERIALS OR OTHER IRRITANTS, CONTAMINANTS OR POLLUTANTS INTO OR UPON LAND, THE ATMOSPHERE OR ANY WATER COURSE OR BODY OF WATER. MY/jn/8/15/85 Authorized I+Yt e re a e CC-1E15 Ptd. In U.S.A. ORIGINAL Endorsement Number Named Insured 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XCP 15 66 52 Issued By (Name of Insurance Company) Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. FAILURE TO SUPPLY EXCLUSION THIS POLICY DOES NOT APPLY TO ANY LIABILITY ARISING OUT OF THE INTERRUPTION OR IMPAIRMENT OF ELECTRICAL, GAS OR WATER SERVICE. 1-00 �y MY/jn/8/ 15/85 Vu Authorized PAaxtxRepresentative CC-1E15 Ptd.In U.S.A. ORIGINAL DECLARATIONS The Company's "ultimate net loss" liability shall be ',as stated herein, subject to all of the terms of this policy having reference thereto,- which shall be excess of the insured's "Self- insured retention". It is expressly agreed that liability shall attach to the Company only after the insured has paid, or has been held liable to pay the full amount of the "self insured retention". Combined Single Limit of Liability $4,500,000. each occurrence Self-Insured Retention $ 500,000. each occurrence PSCIA 85 A. COMPREHENSIVE GENERAL & AUTOMOBILE LIABILITY INSURANCE COVERAGE AGREEMENTS 1. COVERAGE. In consideration of the premium herein provided, the Company hereby agrees, subject to the limitations, terms and 'condi- tions hereinafter mentioned, to pay on behalf o� the Insured all sums which the Insured shall be obligated to pay by reason of liability (a) imposed upon the Insured by law; or (b) assumed under contract or agreement by the' Named Insured and/or any officer, director, stockholder, partner or employee of the Named Insured, while acting in his capacity as such; i for damages, direct or consequential and expenses, all as more fully defined by the term "ultimate net loss" on account of: (1) personal injury, (2) property damage, (3) advertising liability, caused by or arising out of an occurrence during the policy period, occurring anywhere in the United States of America, its territories and possessions and/or Canada. 2. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss in excess of the self-insured retention stated in the declarations in respect of each occurrence. The inclusion or addition hereunder of more than one insured shall not operate to increase the Company' s limit of liability. PSCIA 85 Page 1 of 18 EXCLUSIONS This policy is subject to the following exclusions: This policy shall not apply: (a) to any obligation for which the Insured or any carrier as his insurer may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law, or under any s imi-1 ar law; with respect to Liability arising out of Bodily Injury to Law Enforcement Officers and Fire Fighters employed by the Named Insured it is agreed that exclusion (a) above is deleted and the following substituted therefor: this insurance does not apply to bodily injury of any employee arising out of and in the course of his employment by the Insured to the extent that benefits for such bodily injury are either payable or required to be provided under the "Washington Law Enforcement Officers ' and Fire Fighters' Retirement System Act." (b) except with respect to liability assumed by the Insured under contract, to bodily injury to or sickness, ,disease or death of any employee of the Insured arising out of and in the course of his employment by the Insured; (c) with respect to medical malpractice injury: (1) any Insured engaged in the business or occupation of providing medical , surgical , dental , X-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith. This exclusion shall not apply to paramedics. (2) injury caused by any Insured if such Insured is engaged in the business or occupation of providing the furnishing or dispensing of drugs or medical , dental or surgical supplies or appliances. This exclusion shall not apply to paramedics. (d) with respect to advertising activities, to, claims made against the Insured for: (1) failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; PSCIA 85 Page 2 of 18 (2) infringement of registered trade mark; service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; (3) incorrect description of any article or commodity; (4) mistake in advertised price; (e) to personal injury or property damage arising out of the discharge, dispersal , release or escape of , smoke vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal , release or escape is sudden and accidental ; nor does this exclusion apply to instruments or devices used by law enforcement officers in the pursuit of ' their duties; (f) to personal injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to anylof the foregoing, with respect to liability assumed by the Insured under contract; (g) to personal injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: i (1) any aircraft owned or operated by any Insured, (2) any other aircraft operated by any person in the course of his/her employement by any Insureds or (3) any aircraft in the care, custody or control of the Insured for storage, servicing or fueling; (h) to any claim based upon the Insured' s failure to comply with the federal "Employee Retirement Income Security Act of 1974" ; (i ) to property damage to any property of others in the care and custody of the Insured for repair, or for sale; (j) to property damage to premises alienated by the flamed Insured arising out of such premises or any part thereof; (k) to loss of use of tangible property which has not been physically injured or destroyed resulting from: ( 1) a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement, or PSCIA 85 Page 3 of 18 (2) the failure of the Named Insured' s products or work performed by or on behalf of the Named Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Named', Insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Named Insured' s products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person or organization other than an Insured; (1 ) to property damage to the Named Insured' s products arising out of such products or any part of such products; (m) to property damage to work performed by oron behalf of the Named Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (n) to damages claimed for the withdrawal , inspection, repair, replacement, or loss of use of the Named Insured' s products or work completed by or for the Named Insuredior of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (o) to any liability arising out of or in any way connected with the operation of the principles of eminent' domain, condemnation proceedings, or inverse condemnation, by whatever name called, whether such liability accrues directly against the Insured or by virtue of any agreement entered into by! or on behalf of the Insured; (p) to any liability arising out of the operations, ownership, maintenance or use of any AIRPORT, HOSPITAL, ALCOHOLIC CENTER; "jail facilities, including detoxification units (commonly known as 'drunk tanks ' ) are not to be considered as ALCOHOLIC CENTERS" . (q) to any liability arising out of ownership, operation, maintenance or use of any transit district buses or other transit district automobiles, including loading and unloading thereof; however, this exclusion does not apply to liability arising out of transit district buses chartered by a member city in respects to special events. PSCIA 85 Page 4 of 18 NUCLEAR EXCLUSION THIS POLICY IS SUBJECT TO THE FOLLOWING NUCLEAR INCIDENT EXCLUSION CLAUSE: This policy shall not apply to Personal Injury or Property Damage: (1) with respect to which an Insured under the ;policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters of Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its ilimit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which: (a) any person or organization is required to maintain finan- cial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, o,r (b) the Insured is, or had this policy not' been issued would be, entitled to indemnity from the Uni',ted States of America, or any agency thereof, under !zany agreement entered into by the United States of America, or any agency thereof with any person or organization; or (3) resulting from the hazardous properties of nuclear material , if: (a) the nuclear material ( i ) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or ( ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or PSCIA 85 Page 5 of 18 possessions of Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein : hazardous properties" include radioactive, toxic or explosive properties; "nuclear material " means source material , special nuclear material or byproduct material ; "source material ", "special nuclear material", and "byproduct material " have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub- paragraph (a) or (b) hereof; "nuclear facility" means: (a) any nuclear reactor; (b) any equipment or device designed or used for (1) separating the isotopes, uranium or plutonium, (2) processing or utilizing spent fuel , or (3) handling, processing or packaging waste; (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if' at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such opera- tions; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material ; with respect to injury to or destruction of property, the word " injury" or "destruction" includes all forms of radioactive contamination of property. PSCIA 85 Page 6 of 13 B. STOP-GAP COVERAGE In consideration of the premium herein provided, it is agreed that if, under any circumstances, it is determined that any employee of the Insured who is reported and declared under the Workmen' s Compensation Law or Laws of the State of 'Washington is injured inithe course of his employement but is not entitled to receive (or elects not to accept) the benefits provided by the aforementioned Law, then this policy shall cover the legal liability of the Insured for such bodily injury, disease, or death and pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages and expenses, all as defined by the terms "ultimate net loss" and "occurrence". The insurance granted hereunder shall not apply to: (a) bodily injury, disease or death suffered of caused by any person knowingly employed by the Insured in violation of any law as to age, or under the age of 14 years regardless of any such law; (b) any claim recoverable under the insurance provisions of any Workmen' s Compensation or Occupations Disease Act or Law or under the U.S. Longshoremen ' s and Harbor Workers' Compensation Act or any other insurance available for the protection of the Named Insured; (c) bodily injury, disease or death caused by or arising from the use, maintenance, or operation of aircraft; (d) any premium assessment, penalty, fine or other obligation imposed by any Workmen' s Compensation Law; (e) any claim for bodily injury, disease, or death with respect to which the Insured is deprived of any defense or defenses or is otherwise subject to penalty because of default in premium payment under, or any other failure to comply with the provi- sions of the Workmen' s Compensation Law or Laws of the State above named. PSCIA 85 Page 7 of 13 C. ERRORS OR OMISSIONS LIABILITY INSURANCE In consideration of the premium herein provided, the company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages and expenses, all as more'. fully defined by the term "ultimate net loss" , because of any claim for breach of duty made against the Insured by reason of any negligent act, error or omission committed by the Insured during the policy period. EXCLUSIONS This policy does not apply: (a) to physical injury to or destruction of tangible property including the loss of use thereof at any time resulting therefrom; I (b) liability or responsibility arising out of or imposed by any constitutional provision, statute, county, municipal or local ordinance or law administrative order, or rule of law dealing with the power of eminent domain, condemation or inverse condemnation, or any acts arising out of or caused by the insured(s) thereunder; (c) to any dishonest, fraudulent, criminal or Malicious act; (d) to claims, occurrences or accidents which are insured under any other section of this policy; The exclusions applicable to Comprehensive General Liability Insurance also apply to this insurance. PSCIA 85 Page 3 of 18 D. EMPLOYEE BENEFITS LIABILITY INSURANCE In consideration of the premium herein provided, the Company agrees with the Insured named in the Declarations of the policy as follows: 1. The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages and expenses, all as more fully defined by the term "ultimate net loss" , because of any claim made against the Insured by any employee or the beneficiaries or legal representatives thereof for injury arising out of any negligent act, error or omission, during the policy period, of the Insured or any other person for whose acts the Insured is legally liable, in the administration of employee benefits as defined. 2. This insurance applies only to claims brought against the Named Insured within the United States of America, its Territories or Possessions or Canada, resulting from negligent acts, errors or omissions in the administration of employee benefits. DEFINITIONS 1. EMPLOYEE BENEFIT PROGRAM. The term "employee benefit program" shall mean Group Life Insurance, Group Accident or Health Insurance, Pension Plans, Workmen' s Compensation, Unemployrent Insurance, Social Security and Disability Benefits, and any other similar benefit program. 2. ADMINISTRATION. As respects the insurance afforded hereby, the unqualified word "administration" wherever used shall mean: (a) giving counsel to employees with respect to the employee benefits; (b) interpreting employee benefits; (c) handling of records in connection with employee benefits; (d) effecting enrollment, termination or cancellation of employees under employee benefit programs; performed by a person authorized by the Named Insured to do such acts. PSCIA 85 Page 9 of 13 EXCLUSIONS This insurance does not apply: (a) to any dishonest, fraudulent, criminal or malicious act; (b) to libel , slander, discrimination, or humiliation; (c) to bodily injury to, or sickness, disease, ,or death of any person; - (d) to injury to or destruction of any tangible property, including the loss of use thereof; (e) to any claim based upon the Insured' s failure to comply with the federal "Employee Retirement Income Security Act of 1974" ; (f) to any claim for failure or performance of contract by any insurer; (g) to any claim based upon the Named Insured' s failure to comply with any law concerning Worker' s Compensation, Unemployment Insurance, Social Security or Disability Benefits. PSCIA 85 Page 10 of 18 DEFINITIONS THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:, 1 . NAMED IPISURED AND INSURED. "Named Insured" includes any subsidiary of the ;lamed Insured: The unqualified word "insured" includes the Named Insured and also: (a) all officials, officers, employees, agents '.,and volunteers working for or on behalf of the Named Insured and any person, organization, trustee or estate to whom onto which the Named Insured is obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to operations by or in behalf of the Named Insured or to facilities of or used by the Named Insured; (b) except with respect to the ownership, maintenance or use, including loading or unloading, of automobiles while away from premises owned by, rented to or controlled by the Named Insured or the ways immediately adjoining: while acting within the scope of their duties as such: (1) any member of the governing body; any member of boards or commissions; any elected or appointed official ; any other employee; any volunteer; (2) any person (other than an employee of the Named Insured) or organization while acting as real estate manager for the Named Insured; (c) any person while using an automobile owned by, leased, rented, or loaned to the Named Insured or hired for use in behalf of the ;lamed Insured or any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by the Named Insured or with !the Named Insured' s permission, and any executive officer, other employee, director or volunteer of the Named Insured with respect to the use of an automobile not owned by the Named Insured in the business of the gamed Insured. The insurance with respect to any person or organization other than the Named Insured does not apply under this division: (1) to any person or organization, or to any agent or employee thereof; operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any occurrence arising out of the operation thereof; (2) with respect to any automobile hired by or loaned to the ;lamed Insured, to the owner or a lessee thereof other than the Named Insured, or to any agent or 'employee of such owner or lessee; PSCIA 85 Page 11 of 18 2. PERSONAL INJURY. The term "personal injury" means (1) bodily injury, sickness, disease, disability or shock, including death arising therefrom, medical malpractice injury, including emergency medical treatment and all acts of paramedics, or, if arising out of the foregoing, mental anguish and mental injury; (2)'i false arrest, false imprisonment, wrongful eviction, wrongful detention, or malicious prosecution; or (3) libel , slander, defamation of character, humiliation or invasion of the rights of privacy, unless arising out of advertising activities; (4) unlawful discrimination not committed by or at the direction of any executive officer of the Named Insured, but only with respect to the liability other than filnes and penalties imposed by law; (5) false or improper services of process; and (6) assault or battery committed for the purpose of �protecting persons or property or incident to an arrest. "Personal injury" includes actions brought alleging lack of training or supervision, and civil actions, criminal actions or actions brought under the Federal Civil Rights Law all limited to the provisions of 1, 2, 3, 4, 5 and 6 above, committed or alleged to have been committed by the Named Insured. 3. PROPERTY DAMAGE. The term "property damage" means loss of or direct damage to or destruction of tangible property (other than property owned by the Named Insured) , which occurs during the policy period, including loss of use thereof atjany time resulting therefrom and loss of use of tangible property which has not been physically injured or destroyed. 4. ADVERTISING LIABILITY. The term "advertising liability" means: (a) libel , slander or defamation; (b) any infringement of copyright or of tale or of slogan; (c) piracy or unfair competition or idea misappropriation under an implied contract; (d) any invasion of right of privacy; committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast and arising out of the Named Insured' s advertising activities. 5. OCCURRENCE. The term "occurrence" means an accident or a happening or event or a continuous or repeated exposure to conditions which unexpectedly and unintentionally result in personal injury, property damage, advertising liability or stop-gap liability during the policy period. All such exposure to substantially thelsame general conditions existing at or emanating from one location shall be deemed one occurrence. PSCIA 85 Page 12 of 18 Further, the definition of occurrence includes any intentional act by or at the direction of the insured which results in bodily injury, if such injury arises solely from the use of reasonable force for the purpose of protecting persons or property. 6. ULTIMATE NET LOSS. The term "ultimate net loss,' means the total sum which the Insured becomes obligated to pay py reason of liability claims, insured 'hereunder, either through adjudication or compromise, and shall also include hospital , medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors,- lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits covered hereunder. Ultimate net loss shall include all sums paid as salaries, expenses, or costs to lawyers, or a lawyer' s representative, who may be salaried employees of the insured, and investigators, retained experts or other persons rendering services in handling specific litigation. Other salaries paid to employees of the Insured or the company; fees paid to the Insured' s service company for handling claims are excluded from the ultimate net loss. 7. SELF-INSURED RETENTION. The term "self-insured retention" means the amount of "ultimate net loss" payable by the Insured in respect of each occurrence. 8. PRODUCTS AND COMPLETED OPERATIONS LIABILITY. The term "products liability" means: (a) liability arising out of goods or productsjmanufactured, sold, handled or distributed by the Flamed Insured or by others trading under his name if the occurrence occurs after possession of such goods or products has been relinquished to others by the Named Insured or by others trading under his name and if such occurrence occurs away from premises owned, rented or', controlled by the ;famed Insured; provided such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use ofothers but not sold; (b) The term "completed operations" means liability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned and occurs away from premises ovined, rented or controlled by the Named Insured, provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement, provided further the following shall not be deemed to be "operations" within the meaning of this paragraph, (1) pick-up or delivery, except from or onto a railroad car, (2) the maintenance of vehicles owned or used by or in behalf of the Insured, ( 3) the existence of tools, uninstalled equipment and abandoned or unused materials. PSCIA 85 Page 13 of 18 9. ANNUAL PERIOD. The term "each annual period" means each consecutive period of one year commencing from the effective date of this policy. 10. AIRCRAFT. The term "aircraft" means any heavier than air or lighter than air aircraft designed to transport persons or property. 11. AUTOM0BILE. The term "automobile" means a land motor vehicle, trailer or semi-trailer designed for travel on public roads (includ- ing any machinery or apparatus attached thereto) , but does not include mobile equipment. 12. PARAMEDIC. The term "paramedic" shall include all personnel who may engage in rendering emergency medical assistance, including but not limited to the categories defined in RCW 18.73 and RCW 18.71.200: "Emergency medical technicians," "Physicians trained mobile intervenous theraphy technicians," "physicians trained mobile airway management technicians," and "physicians trained mobile intensive care paramedics"; provided that all amendments of RCW 18.73 and RCW 18.71.200 shall here and hereafter be included in the definition of the above categories. I PSCIA 85 Page 14 of 13 CONDITIONS THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. PREMIUM. The premium for this policy is a flat charge as set forth in the policy Declarations. 2. PRIOR EXCESS INSURANCE AND NON-CUMULATION OF LIABILITY. It is agreed that if any loss is covered in whole or in part under any other excess policy issued to the Insured prior to the effective date hereof the limit of liability hereunder shall be reduced by any amounts due to the Insured on account of such loss under such prior excess insurance. Subject to the foregoing and to all the other terms and conditions of this policy in the event that personal injury or property damage arising out of an occurrence covered hereunder is continuing at the time of termination of this policy, the Company will continue to protect the Insuredjfor liability in respect of such personal injury or property damage without payment of additional premium. 3. INSPECTION AND AUDIT. The Company shall be permitted to examine and audit the Insured' s books and records at any time during the policy period and any extension thereof and within three years after the final termination of this policy, as far as they relate to the premium bases or the subject matter of this insurance. 4. CROSS LIABILITY . This policy shall protect each, Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company' s liability beyond the amount or amounts for which, the company would have been liable had only one Insured been named'. 5. NOTICE OF OCCURRENCE. Whenever the authorized representatives of the ,lamed Insured have information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Insured should be held liable, is likely to involve this policy, notice shall be sent to the Company as soon as practicable. However,! immediate written notice shall be given to the Company when any injury of the following type occurs: (a) a fatality, (b) amputation of a major extremity, (c) any serious head injury ( including skull facture or loss of sight of either or both eyes) , (d) any injury to the spinal cord, PSCIA 85 Page 15 of 18 (e) any disability of more than one year or where it appears reasonably likely that there will be disability of more than one year, (f) any burn 25% or more of the body, (g) heart or vascular disorders, or (h) accidents where multiple injuries are involved. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable information respecting the time, place and circumstances of the injury, they names and addresses of the injured and of available witnesses. If suit or other proceeding is brought against the Insured, the Insured shall immedi- ately forward to the Company every demand, notice, summons, or other process or true copies thereof received by the Insured or the Insured' s representatives, together with copies of reports of investigations made by the Insured with respect 'to such claim, suit or proceeding. 6. ASSISTANCE AND COOPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Insured but the Company shall have the right and shall be givenithe opportunity to associate with the Insured in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company, in which event the Insured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. 7. APPEALS. In the event the Insured elects not to appeal a judgment in excess of the "self-insured retention' , the Company may elect to make such appeal at its cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in the Declarations for any one occurrence and in addition the cost and expense of such appeal . 8. LOSS PAYABLE. Liability under this policy with respect to any occurrence shall not attach unless and until the Insured shall have paid the amount of the "self-insured retention Lon account of such occurrence. The Insured shall make a definite claim for any loss for which the Company may be liable under the policy within 12 months after the Insured shall have paid an amount of ultimate net loss in excess of the self-insured retention" or after the Insured' s liability shall have been fixed and rendered certain either by final judgment against the Insured after actual' trial or by written agreement of the Insured, the claimant, and the Company. If any subsequent payments shall be made by the Insured on account of the same occurrence, additional claims shall he made similarly from time to time. Such losses shall be due and payable within 30 days PSCIA 85 Page 16 of 18 after they are respectively claimed and proven in conformity with this policy. 9. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. 10. OTHER INSURANCE. If other valid and collectible insurance, which is written by another insurer is available to the Insured covering a loss also covered by this policy, other than insurance that is in excess of this policy, the insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance. 11. SUBROGATION. Inasmuch as this policy is Excess Coverage", the Insureds right to recovery against any person pr other entity cannot be exclusively subrogated to the Company, It is therefore agreed that in case of any payment hereunder, the Company will act in concert with all other interests ( including the Insured) concerned, in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interest (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reim- bursed up to the amount paid by them; the Company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interest ( including the Insured) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any', such amounts shall be apportioned between the interests ( including the Insured) con- cerned, in the ratio of their respective recoveries as -finally settled. 12. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived orchanged, except by endorsement issued to form a part hereof, signed by the Company. 13. ASSIGNMENT. Assignment of interest under this policy shall not bind the Company unless and until its consent is endorsed hereon. 14. CANCELLATION. This policy may be cancelled by the Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Insured at the address shown in this policy written notice stating when not less than ninety (90) days thereafter such cancellation shall be effective, The mailing of notice as aforesaid by the Company to the Named Insured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such PSCIA 85 Page 17 of 18 written notice either by the Named Insured or the Company shall be equivalent to mailing. If this policy shall be cancelled by the Named Insured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender or return premium with such notice. PSCIA 85 Page 18 of 18