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
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Enclosure � �— / 7f
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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 .
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(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
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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