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Home My WebLink AboutWashington Counties Risk Pool (WCRP), Amendment No. 1 re: Membership Composition - 052703 ,61 WASHINGTON COUNTIES RISK POOL INTERLOCAL AGREEMENT FIRST AMENDMENT Article 5 relating to membership composition is amended to read as follows, with the remainder of the Interlocal agreement not changed: Pool membership shall be limited to the several counties of the State of Washington. Affiliate membership may be extended to include any unit of local government of the State of Washington. The Board of Directors of the Pool shall provide for the reasonable admission of new members, including counties, interlocal cooperatives, and other local government entities,political subdivisions, governmental subdivisions, municipal corporations, and other quasi-municipal corporations that are related to the functions of counties. Affiliate members shall have all the rights and responsibilities of member counties, except that representatives of affiliate members may attend and participate, but shall not vote, at meetings of the Board of Directors. Washington Counties Risk Pool Interlocal Agreement First Amendment approved this a�lay of _ jx_y , 2003. JEFFERSON COUNTY, WASHINGTON 1 ►1 1 rne.55 Chair Gityv 4 .n-3/4-11,c)rd Commissioner CC:Y`a45t..ct 4b5fnc .) We+n ► Si H. We i h K1e, Commissioner Constituting the Board of County Commissioners of Jefferson County, Washington. Attest:0L! q 122,62t Clerk of Board 1 5- 2'I°3 Approved as to Form: k, (.01-1 f ��;7- (Deputy) Prosecuting Attey APPROVE;BY T POOL this 17TH day of April, 2003. By: Ex: e Director CONTRACT REVIEW FORM 0 J t 7 CONTRACT WITH: Washington Counties Risk Pool • (Contractor) CONTRACT FOR: First itla Amendment to Interlocal Agreement Re: Membership Composition TERM: �#�'_ �'§°€ @E€€�§3tE t•�tK J& { t `�x,:: i s - E a tt333t { t,� ta ' gg-- k U _ t d' _'f.�g>d +'ma's. a x tyd t F-... •`'t+. �,k{j�l'{ .: i Esa iti3 .s rt {a /,k; .t " 1'a tAlli `4.0 raft .Ei< ¢t `[ t "§' .. E "'t '€ ,t.t § 1a m ]say «,i ttt _ s . t-'t,_ ,- t§s e3t,t-- .'G3 VdVa`' i N€r {c e3 :: t ,,pf ts 0 0 5 33 3 3 ;gd�zE. fit'`j a3t �. �3 stj[x4, dal tg ..,mtgtY -,#I�{I§tli (t{'�t= p€� ..in t ,4 : r -a r [nx E '. t =:9"{ {3 .,b t `P 3 �_ EJI ' * r, a a ., 3 €€ t .>ad §' r_ w"a.9lr " 6 1€� tl(t {�. s' .� ��i§{'- ,� t.,- ° � € i a�I �, �� f ��ttl�� 1`.�'� ��t t �i a a �a iEl�'st � 1 ' '�`�...�:,3 €� �€ :h3 s t t, _ ,e •° i,( , ' t lttt,i , 14 :..tdi; , - r t t it H'j.. fia a �°F e«� . : e ggl-e a s 4 ,�41 l td�' ' :3 l _ sk P-t ty-E *�ti r ,,; 3 a tp +i71., 3`�tt»��! .a3 t ±a p vttl r E� `" j e, € 1 3 ttf tae+, ' V �t3td§i t t i _i s yl td t r t{3dN ^,i a ,Zii,;::iiT ' t' V' 10 r$i # ® y n . � 1 i tdi r� 3.a ti Eal to I r j'1 at t a e :r tt - 7 _„g...y ,� Y ■® r t.0 th 6.., , {F1{l�Rt7 '3 i :3I t9n '°R [[ !1 &� N. E' Y§ a { 4 31 '' tH, r s- . i t --a } "t'" t ttjtet r}t> Y t�x't Cgs- x R=+S a _"� ct- ,d,ilifi='s>�e� ,fir; a yfi �;�a �� a»s��. ::��1� �_yeaa .. ,..:z.3,,:,lt3 , : ��..F , .._ ,�l.1� _ .�rt({4c !.. � ?�:m ,�':�.� 6tA*r�taattlss��w.._ t� AMOUNT: PROCESS: _ Exempt from Bid Process Consultant Selection Process Revenue: _ Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: —— Small Works Roster Source(s) of Matching Funds: _ Vendor List Bid RFP or RFQ Step 1: REVIEW BY RISK � G ENT Review by: � w-��a® Date Reviewed: 521° �� NI APPROVED FORM El Returned for revision(See comments) C•i ents: Step 2: REVIEW 8Y PROSECUTING ATT NEY l u(,titi-/6-3-)/ Review by: ` '.t2 ) 41 Date Reviewed: ).\273 ��l Z APPROVED AS TO FORM Returned for revision(See comments) Comments: Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 8 copies of Contract,Review Form,and Agenda Request to BOCC Office. Place "Sign Here"markers on all places the BOCC needs to sign. MUST be submitted to BOCC Office by 5 pm.TUESDAY for the following Mondays agenda. (This form to stay with contract throughout the contract review process.) WASHINGTON COUNTIES RISK POOL 205 Clark Place SE Tumwater,Washington 98501-4062 Date: April 28, 2003 To: Risk Pool Member Counties From: John Cra fo d, Executive Director Re: Interloca Agreement Revision Since the beginning of the Risk Pool, we have limited our membership to include only counties of the state of Washington. By doing so, we have focused on managing and funding the unique risks and exposures faced by counties. Throughout the years, and specially now in the hard insurance market,we have been asked to consider broadening our membership to include quasi-county organizations. Some member counties provide services to their citizens by their county employees working in their county departments. Other member counties provide those same services by means of Interlocal agreements with other local governments. In addition, the state associations of counties (WSAC, WACO, WAPA& WCIP)have inquired whether they could participate in our liability and property programs. At its Spring Meeting in Pasco, the Risk Pool Board voted to recommend that our member counties open membership to allow for non-voting affiliate members that provide the same type of services that counties provide. Several representatives were concerned that we will open our program too wide, so the Board voted to self-limit affiliate membership to WSAC, WACO and WAPA until the Board has a chance to review the Bylaws and Underwriting Policy and develop further policy. Pursuant to Risk Pool Article 20, our Interlocal Agreement may be amended at any time by the written approval of the Boards of County Commissioners of all member counties. Attached for your review and approval are duplicate originals of the Risk Pool Interlocal Agreement First Amendment that modifies Risk Pool Article 5 to allow non-county units of local government to participate in the Risk Pool as non-voting affiliate members. The Risk Pool Board of Directors recommends that you approve the amendment. Thank you for your consideration. Please call if you have questions. Enclosures 360/586-7447 FAX 360/586-7446 Claims: 360/586-7444 FAX 360/586-7443 r Revised Code of Washington RCW 48.62.031. Authority to self-insure (1) The governing body of a local government entity may individually self-insure, may join or form a self-insurance program together with other entities, and may jointly purchase insurance or reinsurance with other entities for property and liability risks, and health and welfare benefits only as permitted under this chapter. In addition, the entity or entities may contract for or hire personnel to provide risk management, claims, and administrative services in accordance with this chapter. (2) The agreement to form a joint self-insurance program shall be made under chapter 39.34 RCW. RCW 48.62.021. Definitions Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Local government entity" or "entity" means every unit of local government, both general purpose and special purpose, and includes, but is not limited to, counties, cities, towns, port districts, public utility districts, water-sewer districts, school districts, fire protection districts, irrigation districts, metropolitan municipal corporations, conservation districts, and other political subdivisions, governmental subdivisions, municipal corporations, and quasi-municipal corporations. RCW 39.34.040. Agreements to be filed Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor. V - Ztl16 do weep VOi� P"GE/y"a 3185d] a:: OF1.!Clt,I. RECORDS T c INTERLOCAL AGREEMENT CREATING �ct)U G� C i GEC -5 A! 9 34 THE ft.t ' E. 't OURY WASHINGTON COUNTIES RISK POOL ,)EFFEf SOU CC UN iY AUDITOR THIS AGREEMENT is made and entered into by akd-t several counties organized and existing under the Constitution and laws as political subdivisions of the State of Washington which are parties signatory to this Agreement (Collectively "Member Counties" , and individually "Member County" ) : RECITALS WHEREAS, counties in the State of Washington have experi- enced a trend of vastly increased insurance premiums for the re- newal of identical insurance policies, fewer insurance carriers are willing to provide counties with insurance coverage, and some counties are unable to obtain desired insurance coverage; and WHEREAS, Chapter 48.62 RCW grants local governmental enti- ties, including counties, maximum flexibility to enter into agreements with each other to provide joint programs, which in- clude programs of joint purchasing of insurance, joint self-in- suring, and joint contracting for or hiring of personnel to pro- vide risk management, claims handling, and administrative ser- vices; and WHEREAS, Chapter 39 . 34 RCW permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors in- fluencing the needs and development of local communities; and WHEREAS, each of the member counties desires to join to- gether with the other member counties for the purpose of pooling self-insured losses and jointly purchasing excess insurance and administrative services; and WHEREAS, it appears economically feasible and practical for the member counties to do so; NOW, THEREFORE, for and in consideration of the mutual bene- fits, covenants and agreements contained herein, the member coun- ties agree as follows: Article I The following def initic . to t. _ons tl:i.:, Agreement: 14 INTERLOCAL AGREEMENT CREATING THE Wf,viiiNGTON COUNTIES RISK POOL - 1 t'' : '. (a) "Pool" shall mean the Washington Counties Risk Pool created by this Agreement by the member counties. (b) "Executive Committee" shall mean the Executive Commit- tee of the Board of Directors of the Pool. (c) "Insurance" shall mean both liability and property self-insurance through a funded program and/or a commercial insurance contract. Liability insurance shall include without limitation coverage for claims arising from the negligent or other tortious conduct of the member counties, their officers, employees, or agents, or any error or omission on the part of the member counties, their officers, employees or agents, as a result of which a claim may made against a member county. (d) "Umbrella Insurance" shall mean that insurance pur- chased on behalf of the Pool over and above the amount of claims to be satisfied directly from the Pool' s resources. (e) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Pool. ( f ) "Board of County Commissioners" shall mean the govern mental authority empowered to act under the provisions of Chapter 36 . 32 RCW or a charter adopted by any county of the State of Washington. Article 2 Purpose This Agreement is entered into for the purpose of authoriz- ing the creation of the Washington Counties Risk Pool, which shall be organized under Chapters 48.62 and 39 . 34 RCW to provide to member counties programs of joint self-insurance, joint pur- chasing of insurance and joint contracting for or hiring of per- sonnel to provide risk management, claims handling, and adminis- trative services. Article 3 Parties to Agreement Each party to this Agreement certifies that it intends to contract with all parties who are signatories of this Agreement on its effective date and with such other parties as may later be added to and become signatories to this Agreement. Each party also certifies that the cancellation or withdrawal of any party shall not affect this Agreement nor such party' s intent to con- tract pursuant to the terms of this Agreement with the then re- maining parties. 15 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 2 14mc: 9 Article 4 Duration of Agreement This Agreement shall become effective when signed by ten member counties and filed with the Secretary of State. This Agreement shall have perpetual duration unless terminated as hereinafter provided. Article 5 Membership Composition Pool membership shall be limited to the several counties of the State of Washington and shall not include other local gov- ernmental entities. The Board of Directors of the Pool shall provide for the reasonable admission of new member counties. New members shall pay a reasonable share of the organizational ex- penses of the Pool and the costs necessary to analyze their loss data and determine their premiums, as determined by the Executive Committee. Article 6 Nature of Pool The Pool shall be an association of member counties indepen- dent of all other associations of which the counties are members. All income and assets of the Pool, including surplus funds, shall be at all times dedicated to the exclusive benefit of its members and used solely for Pool purposes. The Pool may contract with the Washington State Association of Counties for services. Article •7 Powers of Pool The Pool shall have the powers and functions to do the fol- lowing: (a) Contract or otherwise provide for risk management and loss control services; (b) Contract or otherwise provide legal counsel for the defense of claims and/or other legal services; (c) Consult with the Washington State Insurance Commissioner and State Risk Manager; (d) Jointly purchase insurance coverage in such form and amount as the Board of Directors may determine; and (e) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of Chapter 48 .62 RCW. t.,. /)r 1 6 VJL EJ� �Nvi INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 3 �� 'AILl r:;:: B 7 Article 8 Organization (a) Board of Directors. The Pool shall be governed by a Board of Directors ( "Board" ) which shall be composed of one Di- rector from each member county. Directors and Alternate Direc- tors shall be officers or employees of member counties, and shall be appointed by and serve at the pleasure of the Boards of County Commissioners of member counties. Alternate Directors shall have the same authority to attend, participate in, and vote at any meeting of the Board or a Committee as that member county' s Di- rector when such Director is absent from the meeting. Each Di- rector or Alternate Director shall have one vote. Proxy votes from Directors and Alternates not in attendance at a meeting shall not be permitted. (b) Officers. The Board shall elect officers to govern the Pool. (c) Meetings. The Board shall provide for regular meetings and shall be subject to the Open Public Meetings Act, Chapter 42. 30 RCW. Pursuant to RCW 48.62.110, the Board shall provide for private meetings to consider litigation and settlement of claims. Article 9 Administrator The Board shall employ an Executive Director, who shall be given general administrative responsibility for Pool activities including risk management, claims handling and administrative services. Article 10 Pool Responsibilities The Pool shall perform the following functions in discharg- ing its responsibilities under this Agreement: (a) Provide for the management and operation of the Pool; (b) Provide for umbrella coverage for the member counties; (c) Provide reinsurance coverage for those claims which the Pool plans to self-insure, such coverage to be effective only in the event of the exhaustion of the Pool' s resources for a given fiscal period; (d) Establish deductibles and/or limits to any coverage that is provided; (e) Provide an annual report of the operation of the Pool to the member counties, the State Risk Manager, and the State Insurance Commissioner; and INTERLOCAL AGREEMENT CREATING THE V;; '26 17 WASHINGTON COUNTIES RISK POOL - 4 s� r - 2 7 ;' •ti V• ( f) Provide for other services as deemed necessary by the Board in order to carry out the purposes of this Agreement. Article 11 Member County Responsibilities Member Counties shall have the following responsibilities: (a) The Board of County Commissioners shall appoint a Director and at least one Alternate Director to the Board; (b) Each County shall appoint an employee of the County to be responsible for the risk management function within that County ( "County Risk Manager" ) , and to serve as a liaison between the County and the Pool as to risk management; (c) Each County shall maintain an active safety officer ("County Safety Officer" ) and committee, and shall consider all recommendations of the Pool concerning the development and implementation of a loss control policy to prevent unsafe practices; (d) Each County shall maintain its own set of records, as a loss log, in all categories of loss to insure accuracy of the Pool' s loss reporting system; (e) Each County shall pay its premium and any readjusted amount promptly to the Pool when due. After withdrawal or termination, each County shall pay promptly to the Pool its share of any additional premium and accrued interest; ( f) Each County promptly shall provide the Pool with such other information or assistance as may be necessary for the Pool to carry out its responsibilities under this Agreement; and (g) Each County shall in any and all ways cooperate with and assist the Pool, and any insurer of the Pool, in all matters relating to this Agreement and covered losses, and shall comply with all Bylaws, rules and regulations adopted by the Board. Article 12 Financing (a) Initial Premiums. After th,: effective date of this Agreement, but prior to the effective: date of joint self-insur- ance, the Board shall adopt fair an Lt1asonable coverages, ini- tial premiums, precise cost allocatic:, plans and formulae, the INTERLOCAL AGREEMENT CREATING THE 1/�� '269 18 WASHINGTON COUNTIES RISK POOL - 5 pro forma financial statement of the Pool and the amounts and types of excess insurance to be procured. The effective date of joint self-insurance shall be determined by the Board, and shall be no later than January 1, 1989. (b) Subsequent Premiums. Premiums shall be fairly and rea- sonably adjusted as determined by the Board after considering ac- tuary studies at the end of the first year of operation and annu- ally thereafter. (c) Premium Payments. Member counties shall pay their pre- miums promptly when due, and reasonable interest on overdue pay- ments. Article 13 Budget and Records (a) Budget. The Board shall establish and maintain annual budgets for the operation of the Pool. (b) Audit Report. The Board shall establish and maintain such funds and accounts as may be required by good accounting practices and the State Budget Accounting Reporting System ( "BARS" ) . Financial records of the Pool shall be open to inspec- tion at all reasonable times by Directors. The Pool shall be subject to audit by the Washington State Auditor. A complete written report of the financial activities of the Pool, including an annual audit of the accounts and records of the Pool, shall be provided to each Director. Article 14 Joint Self-Insurance (a) Self-Insurance. The Pool shall provide joint self-in- surance coverage for liability claims arising from the negligent or other tortious conduct of the Pool and member counties, and their officers, employees or' agents, or any error or omission on the part of the Pool and member counties, and their officers, em- ployees or agents. The Pool may also provide joint self-insur- ance coverage for property of the Pool and member counties. The Pool may obtain umbrella insurance or reinsurance or join in other risk sharing pools. Joint self-insurance coverage shall be subject to exclusions and limitations determined by the Board. (b) Contingent Liabilities and Retroactive Assessments. Pursuant to RCW 48.62.060, each member county shall have contin- gent liability for the liabilities of the Pool in the event the assets of the Pool are not sufficient to cover its liabilities. Deficits of the pool shall be financed through fair and reason- able retroactive assessments levied against each member county as determined by the Board. Retroactive assessments shall be added to the annual premiums. ?69 .9 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 6 1.1 ` '749 Article 15 Subrogation In the event the Pool pays any claim on behalf of a member county, the Pool shall be subrogated to the extent of such pay- ment to all the rights of the member county against any person or other entity legally responsible for damages arising under the claim. Member counties shall render all reasonable assistance, other than pecuniary assistance, to effect recovery on the subro- gated claim. Article 16 Cancellation and Withdrawal (a) Cancellation. A member county' s participation in this Agreement and the Pool may be cancelled at any time by an affir- mative vote of three-quarters of the entire Board for (1) failure to make full and timely premium payments; ( 2) failure to ade- quately fulfill the requirements of the risk management program; ( 3 ) failure to notify the Pool of incidents, claims, and lawsuits as may be required; or (4) failure to fulfill the cooperation and other requirements of the insurance agreement. The effective date of cancellation shall be six months after the date of Board action. Until the effective date, the cancelled member county shall still benefit from the Pool' s services. (b) Withdrawal. No member county may withdraw for sixty months after joining the Pool. After the initial sixty month pe- riod, a member county may withdraw at the end of any Pool fiscal year, provided it has given the Pool a twelve-month written no- tice of its intent to withdraw. (c) Effect of Cancellation and Withdrawal. The cancella- tion or withdrawal of one or more member counties shall not ter- minate this Agreement. No withdrawing or cancelled member county shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. (d) Unpaid Liabilities. The cancellation or withdrawal of a member county shall not terminate its responsibility to con- tribute its share of premiums or assessments until all claims and other unpaid liabilities covering the period of its membership have been finally resolved and the Board has determined the final amount of payments due from the withdrawing or cancelled member county for the period of its membership. Article 17 Termination (a) Initial Period. This Agreement may be terminated any time during its first sixty months by the written consent of the Boards of County Commissioners of all member counties . After the 21-g20 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 7 2750 r first sixty months, this Agreement may be terminated by the writ- ten consent of the Boards of County Commissioners of three- fourths of the member counties. Upon termination, this Agreement and the Pool shall continue for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Pool. (b) Distribution of Assets. Upon termination, assets of the Pool shall be distributed to terminating member counties pro- portionate to their premium payments and property contributions made during the last thirty-six ( 36) months of the Pool. The Board shall distribute the assets to terminating member counties within six ( 6) months after the disposition of the last pending claim or loss covered by the Pool. (c) Contingent Liabilities. Upon termination, the Board shall wind up and dissolve the business affairs of the Pool. The • Board shall determine, and member counties shall pay, each county' s fair share of any additional premium amounts necessary for final disposition of all claims and losses covered by the Pool. A member county' s share of such additional premiums shall be determined in the same manner as that provided hereinabove for annual premiums, and shall be treated as if it were the next year' s annual premium for that county. Article 18 Property of Pool The Pool shall acquire, hold and dispose of real and per- sonal property subject to the same restrictions as any of its member counties. Article 19 Notices Notices to member counties shall be sufficient if mailed postage prepaid to the Board of County Commissioners of the re- spective member counties at such addresses as may be given in writing to the Pool. Article 20 Amendments This Agreement may be amended at any time by the written ap- proval of the Boards of County Commissioners of all member coun- ties. Article 21 Prohibition Against Assignment No county may assign any right, claim or interest it may have under this Agreement. No creditor, assignee or third-party beneficiary of any county shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Pool. vJ. C � 21 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 8 .y '_ r. ;fir ,:.,75 _ Article 22 Enforcement The Pool may enforce the terms of this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any present or previous member county, the prevailing party shall receive such sums as the court may fix as reasonable attorneys' fees and costs in the action. Article 23 Default If any member county fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Pool has given the member county writ- ten notice of such failure, the member county shall be in default hereunder. Upon default, the Pool may immediately cancel the member county' s membership effectively immediately without fur- ther notice, or exercise any remedies herein provided or other- wise provided by law. The rights and remedies of the Pool are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. Article 24 No Waivers No waiver or forbearance of a breach of any covenant, term, . or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money af- ter the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver of the right to demand payment of all other sums owing or a waiver of any other default then or thereafter existing. Article 25 Severability If any term or provision of this Agreement shall to any ex- tent be determined by a court of competent jurisdiction to be in- valid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision in this Agree- ment shall be valid and be enforceable to the fullest extent per- mitted by law. Article 26 Time Time is of the essence in this Agreement and each and every provision hereof. '69 22 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 9 `J r{r ;� s�� Article 27 Headings The Article and Section headings in this Agreement are in- serted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. Article 28 Governing Law This Agreement shall be governed by and construed in accor- dance with the laws of the State of Washington. Article 29 Counterpart Copies This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Article 30 Agreement Complete The foregoing constitutes the full and complete agreement of the parties. All oral understandings and agreements are set forth in writing herein. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the dates indicated. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * �/ '' 23 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 10 9 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL Interlocal Agr�ement creating Washington Counties Risk Pool approved this /•$-2 day of �,c.�,. „?...`' , 1988 . JEFFERSON COUNTY, WASHINGTON '&44g-gc-e_44,,t1 B.G. OWN, Chairman R . DENNISON, Member GEORGE . BROWN Member Constituting the Board of County Commissioners of JEFFERSON County, Washington , '-C 0 ,s, Att st: / r- 1 v jj , (27 _ .47 .,-- fJ .f � .,, ,,� •, :.4� %7�`‘. Cler f " >`• Board ',b.- ; ,, � ; st1 . r 4 Approved o F rm: - \„ 7, ' '.."."..: '.. -I i s;., la' , �Y�o •/r`�' (D Prose Attorn ACCE TED BY THE OOL this / day of , 19 N'. By: Y /f / r , INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 11A ,� ( - 54 t L t,.._ I • -.--- )ye.y,y6 ,�isy C, DED I�1 VO �!4.9_;PAGE 1Y"•"? � 3185d E C.- OFF-HCIA' RECORDS • INTERLOCAL AGREEMENT CREATINGAGA-tesig,A ./16 AM 34C 9 THE '""f� E. '"`'JURY WASHINGTON COUNTIES RISK POOL JEFFEF UU C9 L d 1Y AUDITOR THIS AGREEMENT is made and entered into by ail several counties organized and existing under the Constitution and laws as political subdivisions of the State of Washington which are parties signatory to this Agreement (Collectively "Member Counties" , and individually "Member County" ) : RECITALS WHEREAS, counties in the State of Washington have experi- enced a trend of vastly increased insurance premiums for the re- newal of identical insurance policies, fewer insurance carriers are willing to provide counties with insurance coverage, and some counties are unable to obtain desired insurance coverage; and WHEREAS, Chapter 48.62 RCW grants local governmental enti- ties, including counties, maximum flexibility to enter into agreements with each other to provide joint programs, which in- clude programs of joint purchasing of insurance, joint self-in- suring, and joint contracting for or hiring of personnel to pro- vide risk management, claims handling, and administrative ser- vices; and WHEREAS, Chapter 39. 34 RCW permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors in- fluencing the needs and development of local communities; and WHEREAS, each of the member counties desires to join to- gether with the other member counties for the purpose of pooling self-insured losses and jointly purchasing excess insurance and administrative services; and WHEREAS, it appears economically feasible and practical for the member counties to do so; NOW, THEREFORE, for and in consideration of the mutual bene- fits, covenants and agreements contained herein, the member coun- ties agree as follows: Article 1 D'2 i ii.l The following definitic .. : to t. _ons tt. . Agreement: V.i'. 14 INTERLOCAL AGREEMENT CREATING THE Wj,:;iiiNGTON COUNTIES RISK POOL - 1 • ,11 • (a) "Pool" shall mean the Washington Counties Risk Pool created by this Agreement by the member counties. (b) "Executive Committee" shall mean the Executive Commit- tee of the Board of Directors of the Pool. (c) "Insurance" shall mean both liability and property self-insurance through a funded program and/or a commercial insurance contract. Liability insurance shall include without limitation coverage for claims arising from the negligent or other tortious conduct of the member counties, their officers, employees, or agents, or any error or omission on the part of the member counties, their officers, employees or agents, as a result of which a claim may made against a member county. (d) "Umbrella Insurance" shall mean that insurance pur- chased on behalf of the Pool over and above the amount of claims to be satisfied directly from the Pool' s resources. (e) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Pool. (f) "Board of County Commissioners" shall mean the govern mental authority empowered to act under the provisions of Chapter 36 . 32 RCW or a charter adopted by any county of the State of Washington. Article 2 Purpose This Agreement is entered into for the purpose of authoriz- ing the creation of the Washington Counties Risk Pool, which shall be organized under Chapters 48.62 and 39. 34 RCW to provide to member counties programs of joint self-insurance, joint pur- chasing of insurance and joint contracting for or hiring of per- sonnel to provide risk management, claims handling, and adminis- trative services. Article 3 Parties to Agreement Each party to this Agreement certifies that it intends to contract with all parties who are signatories of this Agreement on its effective date and with such other parties as may later be added to and become signatories to this Agreement. Each party also certifies that the cancellation or withdrawal of any party shall not affect this Agreement nor such party' s intent to con- tract pursuant to the terms of this Agreement with the then re- maining parties. /:) � ' ? 15 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 2 ; 14 • r Article 4 Duration of Agreement This Agreement shall become effective when signed by ten member counties and filed with the Secretary of State. This Agreement shall have perpetual duration unless terminated as hereinafter provided. Article 5 Membership Composition Pool membership shall be limited to the several counties of the State of Washington and shall not include other local gov- ernmental entities. The Board of Directors of the Pool shall provide for the reasonable admission of new member counties. New members shall pay a reasonable share of the organizational ex- penses of the Pool and the costs necessary to analyze their loss data and determine their premiums, as determined by the Executive Committee. Article 6 Nature of Pool The Pool shall be an association of member counties indepen- dent of all other associations of which the counties are members. All income and assets of the Pool, including surplus funds, shall be at all times dedicated to the exclusive benefit of its members and used solely for Pool purposes. The Pool may contract with the Washington State Association of Counties for services. Article •7 Powers of Pool The Pool shall have the powers and functions to do the fol- lowing: (a) Contract or otherwise provide for risk management and loss control services; (b) Contract or otherwise provide legal counsel for the defense of claims and/or other legal services; (c) Consult with the Washington State Insurance Commissioner and State Risk Manager; (d) Jointly purchase insurance coverage in such form and amount as the Board of Directors may determine; and (e) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of Chapter 48. 62 RCW. 1 6 VJL INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 3 yr t(1i_ 14 O.; U r '�4� ._� Article 8 Organization (a) Board of Directors. The Pool shall be governed by a Board of Directors ("Board" ) which shall be composed of one Di- rector from each member county. Directors and Alternate Direc- tors shall be officers or employees of member counties, and shall be appointed by and serve at the pleasure of the Boards of County Commissioners of member counties. Alternate Directors shall have the same authority to attend, participate in, and vote at any meeting of the Board or a Committee as that member county' s Di- rector when such Director is absent from the meeting. Each Di- rector or Alternate Director shall have one vote. Proxy votes from Directors and Alternates not in attendance at a meeting shall not be permitted. (b) Officers. The Board shall elect officers to govern the Pool. (c) Meetings. The Board shall provide for regular meetings and shall be subject to the Open Public Meetings Act, Chapter 42. 30 RCW. Pursuant to RCW 48.62.110, the Board shall provide for private meetings to consider litigation and settlement of claims. Article 9 Administrator The Board shall employ an Executive Director, who shall be given general administrative responsibility for Pool activities including risk management, claims handling and administrative services. Article 10 Pool Responsibilities The Pool shall perform the following functions in discharg- ing its responsibilities under this Agreement: (a) Provide for the management and operation of the Pool; (b) Provide for umbrella coverage for the member counties; (c) Provide reinsurance coverage for those claims which the Pool plans to self-insure, such coverage to be effective only in the event of the exhaustion of the Pool' s resources for a given fiscal period; (d) Establish deductibles and/or limits to any coverage that is provided; (e) Provide an annual report of the operation of the Pool to the member counties, the State Risk Manager, and the State Insurance Commissioner; and INTERLOCAL AGREEMENT CREATING THE 269 17 WASHINGTON COUNTIES RISK POOL - 4 a c - 47''i �r I.r: .{ ( f) Provide for other services as deemed necessary by the Board in order to carry out the purposes of this Agreement. Article 11 Member County Responsibilities Member Counties shall have the following responsibilities: (a) The Board of County Commissioners shall appoint a Director and at least one Alternate Director to the Board; (b) Each County shall appoint an employee of the County to be responsible for the risk management function within that County ( "County Risk Manager" ) , and to serve as a liaison between the County and the Pool as to risk management; (c) Each County shall maintain an active safety officer ( "County Safety Officer" ) and committee, and shall consider all recommendations of the Pool concerning the development and implementation of a loss control policy to prevent unsafe practices; (d) Each County shall maintain its own set of records, as a loss log, in all categories of loss to insure accuracy of the Pool' s loss reporting system; (e) Each County shall pay its premium and any readjusted amount promptly to the Pool when due. After withdrawal or termination, each County shall pay promptly to the Pool its share of any additional premium and accrued interest; (f) Each County promptly shall provide the Pool with such other information or assistance as may be necessary for the Pool to carry out its responsibilities under this Agreement; and (g) Each County shall in any and all ways cooperate with and assist the Pool, and any insurer of the Pool, in all matters relating to this Agreement and covered losses, and shall comply with all Bylaws, rules and regulations adopted by the Board. Article 12 Financing (a) Initial Premiums. After tht! effective date of this Agreement, but prior to the effective date of joint self-insur- ance, the Board shall adopt fair an3 reasonable coverages, ini- tial premiums, precise cost allocation plans and formulae, the INTERLOCAL AGREEMENT CREATING THE 1/J, 69 •+,r !8 WASHINGTON COUNTIES RISK POOL - 5 a pro forma financial statement of the Pool and the amounts and types of excess insurance to be procured. The effective date of joint self-insurance shall be determined by the Board, and shall be no later than January 1, 1989. (b) Subsequent Premiums. Premiums shall be fairly and rea- sonably adjusted as determined by the Board after considering ac- tuary studies at the end of the first year of operation and annu- ally thereafter. (c) Premium Payments. Member counties shall pay their pre- miums promptly when due, and reasonable interest on overdue pay- ments. Article 13 Budget and Records (a) Budget. The Board shall establish and maintain annual budgets for the operation of the Pool. (b) Audit Report. The Board shall establish and maintain such funds and accounts as may be required by good accounting practices and the State Budget Accounting Reporting System ( "BARS" ) . Financial records of the Pool shall be open to inspec- tion at all reasonable times by Directors. The Pool shall be subject to audit by the Washington State Auditor. A complete written report of the financial activities of the Pool, including an annual audit of the accounts and records of the Pool, shall be provided to each Director. Article 14 Joint Self-Insurance (a) Self-Insurance. The Pool shall provide joint self-in- surance coverage for liability claims arising from the negligent or other tortious conduct of the Pool and member counties, and their officers, employees or' agents, or any error or omission on the part of the Pool and member counties, and their officers, em- ployees or agents. The Pool may also provide joint self-insur- ance coverage for property of the Pool and member counties. The Pool may obtain umbrella insurance or reinsurance or join in other risk sharing pools. Joint self-insurance coverage shall be subject to exclusions and limitations determined by the Board. (b) Contingent Liabilities and Retroactive Assessments. Pursuant to RCW 48.62.060, each member county shall have contin- gent liability for the liabilities of the Pool in the event the assets of the Pool are not sufficient to cover its liabilities. Deficits of the pool shall be financed through fair and reason- able retroactive assessments levied against each member county as determined by the Board. Retroactive assessments shall be added to the annual premiums. ., 19 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 6 rk 2 49 Article 15 Subrogation In the event the Pool pays any claim on behalf of a member county, the Pool shall be subrogated to the extent of such pay- ment to all the rights of the member county against any person or other entity legally responsible for damages arising under the claim. Member counties shall render all reasonable assistance, other than pecuniary assistance, to effect recovery on the subro- gated claim. Article 16 Cancellation and Withdrawal (a) Cancellation. A member county' s participation in this Agreement and the Pool may be cancelled at any time by an affir- mative vote of three-quarters of the entire Board for (1) failure to make full and timely premium payments; ( 2) failure to ade- quately fulfill the requirements of the risk management program; ( 3) failure to notify the Pool of incidents, claims, and lawsuits as may be required; or (4 ) failure to fulfill the cooperation and other requirements of the insurance agreement. The effective date of cancellation shall be six months after the date of Board action. Until the effective date, the cancelled member county shall still benefit from the Pool' s services. (b) Withdrawal. No member county may withdraw for sixty months after joining the Pool. After the initial sixty month pe- riod, a member county may withdraw at the end of any Pool fiscal year, provided it has given the Pool a twelve-month written no- tice of its intent to withdraw. (c) Effect of Cancellation and Withdrawal. The cancella- tion or withdrawal of one or more member counties shall not ter- minate this Agreement. No withdrawing or cancelled member county shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. (d) Unpaid Liabilities. The cancellation or withdrawal of a member county shall not terminate its responsibility to con- tribute its share of premiums or assessments until all claims and other unpaid liabilities covering the period of its membership have been finally resolved and the Board has determined the final amount of payments due from the withdrawing or cancelled member county for the period of its membership. Article 17 Termination (a) Initial Period. This Agreement may be terminated any time during its first sixty months by the written consent of the Boards of County Commissioners of all member counties . After the 1/.4 g 20 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 7 1�- C 2750 first sixty months, this Agreement may be terminated by the writ- ten consent of the Boards of County Commissioners of three- fourths of the member counties. Upon termination, this Agreement and the Pool shall continue for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Pool. (b) Distribution of Assets. Upon termination, assets of the Pool shall be distributed to terminating member counties pro- portionate to their premium payments and property contributions made during the last thirty-six ( 36) months of the Pool. The Board shall distribute the assets to terminating member counties within six (6) months after the disposition of the last pending claim or loss covered by the Pool. (c) Contingent Liabilities. Upon termination, the Board shall wind up and dissolve the business affairs of the Pool. The • Board shall determine, and member counties shall pay, each county' s fair share of any additional premium amounts necessary for final disposition cif all claims and losses covered by the Pool. A member county's share of such additional premiums shall be determined in the same manner as that provided hereinabove for annual premiums, and shall be treated as if it were the next year' s annual premium for that county. Article 18 Property of Pool The Pool shall acquire, hold and dispose of real and per- sonal property subject to the same restrictions as any of its member counties. Article 19 Notices Notices to member counties shall be sufficient if mailed postage prepaid to the Board of County Commissioners of the re- spective member counties at such addresses as may be given in writing to the Pool. Article 20 Amendments This Agreement may be amended at any time by the written ap- proval of the Boards of County Commissioners of all member coun- ties. Article 21 Prohibition Against Assignment No county may assign any right, claim or interest it may have under this Agreement. No creditor, assignee or third-party beneficiary of any county shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Pool. vJ. 26 9 21 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 8 r .if..y<1_ r Article 22 Enforcement The Pool may enforce the terms of this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any present or previous member county, the prevailing party shall receive such sums as the court may fix as reasonable attorneys' fees and costs in the action. Article 23 Default If any member county fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Pool has given the member county writ- ten notice of such failure, the member county shall be in default hereunder. Upon default, the Pool may immediately cancel the member county' s membership effectively immediately without fur- ther notice, or exercise any remedies herein provided or other- wise provided by law. The rights and remedies of the Pool are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. Article 24 No Waivers No waiver or forbearance of a breach of any covenant, term, or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money af- ter the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver of the right to demand payment of all other sums owing or a waiver of any other default then or thereafter existing. Article 25 Severability If any term or provision of this Agreement shall to any ex- tent be determined by a court of competent jurisdiction to be in- valid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision in this Agree- ment shall be valid and be enforceable to the fullest extent per- mitted by law. Article 26 Time Time is of the essence in this Agreement and each and every provision hereof. vL;,_ 269 22 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 9 2752 Article 27 Headings The Article and Section headings in this Agreement are in- serted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. Article 28 Governing Law This Agreement shall be governed by and construed in accor- dance with the laws of the State of Washington. Article 29 Counterpart Copies This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Article 30 Agreement Complete The foregoing constitutes the full and complete agreement of the parties. All oral understandings and agreements are set forth in writing herein. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the dates indicated. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11,E ?1,,9 ;.., 23 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 10 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL Interlocal Agreement creating Washington Counties Risk Pool approved this /,.5—Z day of 74%,rc._.C`"' , 1988 . JEFFERSON COUNTY, WASHINGTON /574' 52ftL-4A.f." C B.G. OWN, Chairman pp R . DENNISON, Member c ,g GEORGE . BROWN Member Constituting the Board of County Commissioners of JEFFERSON County, Washington /• -- ,."- ,,,�,, tit At t s t: / 7:,...:;,,,,e; II C 0 At 4;';-',:,,."..,t-x - . ., ,,,, t4C) 0.iiti c • . i J.,,,st 4 . 'eete/e1“ ( 'eA? ' ' i 14 ' ;�. �i• Cler f G�• Board 'a '` S1 i Approved ;;;/rm: '\\ 1 , -eel, %ill ^• l'i (D Prose Attorn Q)' y � . ACCE TED BY THE OOL this / day of ' e;9?d. By: �' �.. 'x r ?z INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL 1 r - 27541 . yu 7o Wee) V , ECC'<.DED III VO &Y'P.^,GE1y--'5` 3185,2`= 0:: OFF ICU,' RECORDS • E0ULST F INTERLOCAL AGREEMENT CREATING e I. DEC -5 AM 9, 34 THE i• `f 7 F "! JURY WASHINGTON COUNTIES RISK POOL JtFf EfSQFj CC L` !FY AUDITOR THIS AGREEMENT is made and entered into by a'Nd ' several counties organized and existing under the Constitution and laws as political subdivisions of the State of Washington which are parties signatory to this Agreement (Collectively "Member Counties" , and individually "Member County" ) : RECITALS WHEREAS, counties in the State of Washington have experi- enced a trend of vastly increased insurance premiums for the re- newal of identical insurance policies, fewer insurance carriers are willing to provide counties with insurance coverage, and some counties are unable to obtain desired insurance coverage; and WHEREAS, Chapter 48.62 RCW grants local governmental enti- ties, including counties, maximum flexibility to enter into agreements with each other to provide joint programs, which in- clude programs of joint purchasing of insurance, joint self-in- suring, and joint contracting for or hiring of personnel to pro- vide risk management, claims handling, and administrative ser- vices; and WHEREAS, Chapter 39 . 34 RCW permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors in- fluencing the needs and development of local communities; and WHEREAS, each of the member counties desires to join to- gether with the other member counties for the purpose of pooling self-insured losses and jointly purchasing excess insurance and administrative services; and WHEREAS, it appears economically feasible and practical for the member counties to do so; NOW, THEREFORE, for and in consideration of the mutual bene- fits, covenants and agreements contained herein, the member coun- ties agree as follows: Article 3. Dc ifii:� The following definitic. .. to t. _ons ,:._ t}: ::, Agreement: Jl >> 1.4 INTERLOCAL AGREEMENT CREATING THE W1,:.;:i :]GTON COUNTIES RISK POOL - 1 Ya r; _ .J (a) "Pool" shall mean the Washington Counties Risk Pool created by this Agreement by the member counties. (b) "Executive Committee" shall mean the Executive Commit- tee of the Board of Directors of the Pool. (c) "Insurance" shall mean both liability and property self-insurance through a funded program and/or a commercial insurance contract. Liability insurance shall include without limitation coverage for claims arising from the negligent or other tortious conduct of the member counties, their officers, employees, or agents, or any error or omission on the part of the member counties, their officers, employees or agents, as a result of which a claim may made against a member county. (d) "Umbrella Insurance" shall mean that insurance pur- chased on behalf of the Pool over and above the amount of claims to be satisfied directly from the Pool' s resources. (e) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Pool. (f ) "Board of County Commissioners" shall mean the govern mental authority empowered to act under the provisions of Chapter 36 . 32 RCW or a charter adopted by any county of the State of Washington. Article 2 Purpose This Agreement is entered into for the purpose of authoriz- ing the creation of the Washington Counties Risk Pool, which shall be organized under Chapters 48.62 and 39 . 34 RCW to provide to member counties programs of joint self-insurance, joint pur- chasing of insurance and joint contracting for or hiring of per- sonnel to provide risk management, claims handling, and adminis- trative services. Article 3 Parties to Agreement Each party to this Agreement certifies that it intends to contract with all parties who are signatories of this Agreement on its effective date and with such other parties as may later be added to and become signatories to this Agreement. Each party also certifies that the cancellation or withdrawal of any party shall not affect this Agreement nor such party' s intent to con- tract pursuant to the terms of this Agreement with the then re- maining parties. � 15 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 2 [QA Article 4 Duration of Agreement This Agreement shall become effective when signed by ten member counties and filed with the Secretary of State. This Agreement shall have perpetual duration unless terminated as hereinafter provided. Article 5 Membership Composition Pool membership shall be limited to the several counties of the State of Washington and shall not include other local gov- ernmental entities. The Board of Directors of the Pool shall provide for the reasonable admission of new member counties. New members shall pay a reasonable share of the organizational ex- penses of the Pool and the costs necessary to analyze their loss data and determine their premiums, as determined by the Executive Committee. Article 6 Nature of Pool The Pool shall be an association of member counties indepen- dent of all other associations of which the counties are members. All income and assets of the Pool, including surplus funds, shall be at all times dedicated to the exclusive benefit of its members and used solely for Pool purposes. The Pool may contract with the Washington State Association of Counties for services. Article •7 Powers of Pool The Pool shall have the powers and functions to do the fol- lowing: (a) Contract or otherwise provide for risk management and loss control services; (b) Contract or otherwise provide legal counsel for the defense of claims and/or other legal services; (c) Consult with the Washington State Insurance Commissioner and State Risk Manager; (d) Jointly purchase insurance coverage in such form and amount as the Board of Directors may determine; and (e) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of Chapter 48. 62 RCW. � � 26 9? '��; 16 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 3 '.Ali_ 1 4 r�;: 0 r 2746 ._'. Article 8 Organization (a) Board of Directors. The Pool shall be governed by a Board of Directors ( "Board" ) which shall be composed of one Di- rector from each member county. Directors and Alternate Direc- tors shall be officers or employees of member counties, and shall be appointed by and serve at the pleasure of the Boards of County Commissioners of member counties. Alternate Directors shall have the same authority to attend, participate in, and vote at any meeting of the Board or a Committee as that member county' s Di- rector when such Director is absent from the meeting. Each Di- rector or Alternate Director shall have one vote. Proxy votes from Directors and Alternates not in attendance at a meeting shall not be permitted. (b) Officers. The Board shall elect officers to govern the Pool. (c) Meetings. The Board shall provide for regular meetings and shall be subject to the Open Public Meetings Act, Chapter 42. 30 RCW. Pursuant to RCW 48.62.110, the Board shall provide for private meetings to consider litigation and settlement of claims. Article 9 Administrator The Board shall employ an Executive Director, who shall be given general administrative responsibility for Pool activities including risk management, claims handling and administrative services. Article 10 Pool Responsibilities The Pool shall perform the following functions in discharg- ing its responsibilities under this Agreement: (a) Provide for the management and operation of the Pool; (b) Provide for umbrella coverage for the member counties; (c) Provide reinsurance coverage for those claims which the Pool plans to self-insure, such coverage to be effective only in the event of the exhaustion of the Pool' s resources for a given fiscal period; (d) Establish deductibles and/or limits to any coverage that is provided; (e) Provide an annual report of the operation of the Pool to the member counties, the State Risk Manager, and the State Insurance Commissioner; and INTERLOCAL AGREEMENT CREATING THE V:,� �C3i; ,,r17 WASHINGTON COUNTIES RISK POOL - 4 f �` �f ( f) Provide for other services as deemed necessary by the Board in order to carry out the purposes of this Agreement. Article 11 Member County Responsibilities Member Counties shall have the following responsibilities: (a) The Board of County Commissioners shall appoint a Director and at least one Alternate Director to the Board; (b) Each County shall appoint an employee of the County to be responsible for the risk management function within that County ( "County Risk Manager" ) , and to serve as a liaison between the County and the Pool as to risk management; (c) Each County shall maintain an active safety officer ( "County Safety Officer" ) and committee, and shall consider all recommendations of the Pool concerning the development and implementation of a loss control policy to prevent unsafe practices; (d) Each County shall maintain its own set of records, as a loss log, in all categories of loss to insure accuracy of the Pool' s loss reporting system; (e) Each County shall pay its premium and any readjusted amount promptly to the Pool when due. After withdrawal or termination, each County shall pay promptly to the Pool its share of any additional premium and accrued interest; ( f) Each County promptly shall provide the Pool with such other information or assistance as may be necessary for the Pool to carry out its responsibilities under this Agreement; and (g) Each County shall in any and all ways cooperate with and assist the Pool, and any insurer of the Pool, in all matters relating to this Agreement and covered losses, and shall comply with all Bylaws, rules and regulations adopted by the Board. Article 12 Financing (a) Initial Premiums. After th(_ effective date of this Agreement, but prior to the effective; date of joint self-insur- ance, the Board shall adopt fair any reyasonable coverages, ini- tial premiums, precise cost allocatio;. plans and formulae, the INTERLOCAL AGREEMENT CREATING THE ifs` 40j •,;"r �8 WASHINGTON COUNTIES RISK POOL - 5 pro forma financial statement of the Pool and the amounts and types of excess insurance to be procured. The effective date of joint self-insurance shall be determined by the Board, and shall be no later than January 1, 1989 . (b) Subsequent Premiums. Premiums shall be fairly and rea- sonably adjusted as determined by the Board after considering ac- tuary studies at the end of the first year of operation and annu- ally thereafter. (c) Premium Payments. Member counties shall pay their pre- miums promptly when due, and reasonable interest on overdue pay- ments. Article 13 Budget and Records (a) Budget. The Board shall establish and maintain annual budgets for the operation of the Pool. (b) Audit Report. The Board shall establish and maintain such funds and accounts as may be required by good accounting practices and the State Budget Accounting Reporting System ( "BARS" ) . Financial records of the Pool shall be open to inspec- tion at all reasonable times by Directors. The Pool shall be subject to audit by the Washington State Auditor. A complete written report of the financial activities of the Pool, including an annual audit of the accounts and records of the Pool, shall be provided to each Director. Article 14 Joint Self-Insurance (a) Self-Insurance. The Pool shall provide joint self-in- surance coverage for liability claims arising from the negligent or other tortious conduct of the Pool and member counties, and their officers, employees or- agents, or any error or omission on the part of the Pool and member counties, and their officers, em- ployees or agents. The Pool may also provide joint self-insur- ance coverage for property of the Pool and member counties. The Pool may obtain umbrella insurance or reinsurance or join in other risk sharing pools. Joint self-insurance coverage shall be subject to exclusions and limitations determined by the Board. (b) Contingent Liabilities and Retroactive Assessments. Pursuant to RCW 48.62.060, each member county shall have contin- gent liability for the liabilities of the Pool in the event the assets of the Pool are not sufficient to cover its liabilities. Deficits of the pool shall be financed through fair and reason- able retroactive assessments levied against each member county as determined by the Board. Retroactive assessments shall be added to the annual premiums. 19 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 6 14 f: t) "7'49 Article 15 Subrogation In the event the Pool pays any claim on behalf of a member county, the Pool shall be subrogated to the extent of such pay- ment to all the rights of the member county against any person or other entity legally responsible for damages arising under the claim. Member counties shall render all reasonable assistance, other than pecuniary assistance, to effect recovery on the subro- gated claim. Article 16 Cancellation and Withdrawal (a) Cancellation. A member county' s participation in this Agreement and the Pool may be cancelled at any time by an affir- mative vote of three-quarters of the entire Board for ( 1) failure • to make full and timely premium payments; ( 2) failure to ade- quately fulfill the requirements of the risk management program; ( 3) failure to notify the Pool of incidents, claims, and lawsuits as may be required; or (4) failure to fulfill the cooperation and other requirements of the insurance agreement. The effective date of cancellation shall be six months after the date of Board action. Until the effective date, the cancelled member county shall still benefit from the Pool' s services. (b) Withdrawal. No member county may withdraw for sixty months after joining the Pool. After the initial sixty month pe- riod, a member county may withdraw at the end of any Pool fiscal year, provided it has given the Pool a twelve-month written no- tice of its intent to withdraw. (c) Effect of Cancellation and Withdrawal. The cancella- tion or withdrawal of one or more member counties shall not ter- minate this Agreement. No withdrawing or cancelled member county shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. (d) Unpaid Liabilities. The cancellation or withdrawal of a member county shall not terminate its responsibility to con- tribute its share of premiums or assessments until all claims and other unpaid liabilities covering the period of its membership have been finally resolved and the Board has determined the final amount of payments due from the withdrawing or cancelled member county for the period of its membership. Article 17 Termination (a) Initial Period. This Agreement may be terminated any time during its first sixty months by the written consent of the Boards of County Commissioners of all member counties . After the 21 20 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 7 (fir` ti C �� first sixty months, this Agreement may be terminated by the writ- ten consent of the Boards of County Commissioners of three- fourths of the member counties. Upon termination, this Agreement and the Pool shall continue for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Pool. (b) Distribution of Assets. Upon termination, assets of the Pool shall be distributed to terminating member counties pro- portionate to their premium payments and property contributions made during the last thirty-six ( 36) months of the Pool. The Board shall distribute the assets to terminating member counties within six ( 6) months after the disposition of the last pending claim or loss covered by the Pool. (c ) Contingent Liabilities. Upon termination, the Board shall wind up and dissolve the business affairs of the Pool. The • Board shall determine, and member counties shall pay, each county' s fair share of any additional premium amounts necessary for final disposition of all claims and losses covered by the Pool. A member county' s share of such additional premiums shall be determined in the same manner as that provided hereinabove for annual premiums, and shall be treated as if it were the next year' s annual premium for that county. Article 18 Property of Pool The Pool shall acquire, hold and dispose of real and per- sonal property subject to the same restrictions as any of its member counties. Article 19 Notices Notices to member counties shall be sufficient if mailed postage prepaid to the Board of County Commissioners of the re- spective member counties at such addresses as may be given in writing to the Pool. Article 20 Amendments This Agreement may be amended at any time by the written ap- proval of the Boards of County Commissioners of all member coun- ties. Article 21 Prohibition Against Assignment No county may assign any right, claim or interest it may have under this Agreement. No creditor, assignee or third-party beneficiary of any county shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Pool. ��. ?r,1921 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 8 751 ,,�11 (1�1 ( - .y r Article 22 Enforcement The Pool may enforce the terms of this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any present or previous member county, the prevailing party shall receive such sums as the court may fix as reasonable attorneys ' fees and costs in the action. Article 23 Default If any member county fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Pool has given the member county writ- ten notice of such failure, the member county shall be in default hereunder. Upon default, the Pool may immediately cancel the member county' s membership effectively immediately without fur- ther notice, or exercise any remedies herein provided or other- wise provided by law. The rights and remedies of the Pool are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. Article 24 No Waivers No waiver or forbearance of a breach of any covenant, term, . or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money af- ter the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver of the right to demand payment of all other sums owing or a waiver of any other default then or thereafter existing. Article 25 Severability If any term or provision of this Agreement shall to any ex- tent be determined by a court of competent jurisdiction to be in- valid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision in this Agree- ment shall be valid and be enforceable to the fullest extent per- mitted by law. Article 26 Time Time is of the essence in this Agreement and each and every provision hereof. INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 9 Article 27 Headings The Article and Section headings in this Agreement are in- serted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. Article 28 Governing Law This Agreement shall be governed by and construed in accor- dance with the laws of the State of Washington. Article 29 Counterpart Copies This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Article 30 Agreement Complete The foregoing constitutes the full and complete agreement of the parties. All oral understandings and agreements are set forth in writing herein. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the dates indicated. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 10 4 Li " ,,)r1rr► 4 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL Interlocal Agreement creating Washington Counties Risk Pool approved this /5T day of �,c. ,.cc,_le" , 1988 . JEFFERSON COUNTY, WASHINGTON Ad7dZge-e_A4t,// B.G. OWN, Chairman QQ R . DENNISON, Member GEORGE . BROWN Member Constituting the Board of County Commissioners of JEFFERSON County, Washington /. -- �.., \ Att st: it:. . .,c.I. 001i, •. J., i• Cler f .4 ". Board iiif .ti(12"/CI•JC.. %; ! � � ,2x r' t<'.�i,1 . `� :" Approved o F rm: -ec-e, \ s'-'4 ' 1,.:',1‘"r :A. .� c. J )-�- i�'* `.•'' (D Prose Attorne& ACTED BY THE OOL this day of , 19 . By: i f � e-- Ii. 2' 3` 24 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 111;q i 2 54 r V/ yzY25 aiEL0:p,r),,GEDE./iNv__2v vo 3185ci c O: onicit.L RECORDS • 'ECM S INTERLOCAL AGREEMENT CREATING � Ibo DEC -5 AM 9: 34 THE E. :3CmOURY WASHINGTON COUNTIES RISK POOL JEFFFFSCi Ct I Y AUDITOR IJ THIS AGREEMENT is made and entered into by several counties organized and existing under the Constitution and laws as political subdivisions of the State of Washington which are parties signatory to this Agreement (Collectively "Member Counties" , and individually "Member County" ) : RECITALS WHEREAS, counties in the State of Washington have experi- enced a trend of vastly increased insurance premiums for the re- newal of identical insurance policies, fewer insurance carriers are willing to provide counties with insurance coverage, and some counties are unable to obtain desired insurance coverage; and WHEREAS, Chapter 48.62 RCW grants local governmental enti- ties, including counties, maximum flexibility to enter into agreements with each other to provide joint programs, which in- clude programs of joint purchasing of insurance, joint self-in- suring, and joint contracting for or hiring of personnel to pro- vide risk management, claims handling, and administrative ser- vices; and WHEREAS, Chapter 39 . 34 RCW permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors in- fluencing the needs and development of local communities; and WHEREAS, each of the member counties desires to join to- gether with the other member counties for the purpose of pooling self-insured losses and jointly purchasing excess insurance and administrative services; and WHEREAS, it appears economically feasible and practical for the member counties to do so; NOW, THEREFORE, for and in consideration of the mutual bene- fits, covenants and agreements contained herein, the member coun- ties agree as follows: Article 1 Dc -ic.. The following definitic to t. ions u_ tI. Agreement: 14 INTERLOCAL AGREEMENT CREATING THE WAILLNGTON COUNTIES RISK POOL - 1 li t' (. , (a) "Pool" shall mean the Washington Counties Risk Pool created by this Agreement by the member counties. (b) "Executive Committee" shall mean the Executive Commit- tee of the Board of Directors of the Pool. (c) "Insurance" shall mean both liability and property self-insurance through a funded program and/or a commercial insurance contract. Liability insurance shall include without limitation coverage for claims arising from the negligent or other tortious conduct of the member counties, their officers, employees, or agents, or any error or omission on the part of the member counties, their officers, employees or agents, as a result of which a claim may made against a member county. (d) "Umbrella Insurance" shall mean that insurance pur- chased on behalf of the Pool over and above the amount of claims to be satisfied directly from the Pool' s resources. (e) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Pool. (f) "Board of County Commissioners" shall mean the govern mental authority empowered to act under the provisions of Chapter 36.32 RCW or a charter adopted by any county of the State of Washington. Article 2 Purpose This Agreement is entered into for the purpose of authoriz- ing the creation of the Washington Counties Risk Pool, which shall be organized under Chapters 48.62 and 39 . 34 RCW to provide to member counties programs of joint self-insurance, joint pur- chasing of insurance and joint contracting for or hiring of per- sonnel to provide risk management, claims handling, and adminis- trative services. Article 3 Parties to Agreement Each party to this Agreement certifies that it intends to contract with all parties who are signatories of this Agreement on its effective date and with such other parties as may later be added to and become signatories to this Agreement. Each party also certifies that the cancellation or withdrawal of any party shall not affect this Agreement nor such party' s intent to con- tract pursuant to the terms of this Agreement with the then re- maining parties. INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 2 74 14 jrc `r 5 Article 4 Duration of Agreement This Agreement shall become effective when signed by ten . member counties and filed with the Secretary of State. This Agreement shall have perpetual duration unless terminated as hereinafter provided. Article 5 Membership Composition Pool membership shall be limited to the several counties of the State of Washington and shall not include other local gov- ernmental entities. The Board of Directors of the Pool shall provide for the reasonable admission of new member counties. New members shall pay a reasonable share of the organizational ex- penses of the Pool and the costs necessary to analyze their loss data and determine their premiums, as determined by the Executive Committee. Article 6 Nature of Pool The Pool shall be an association of member counties indepen- dent of all other associations of which the counties are members. All income and assets of the Pool, including surplus funds, shall be at all times dedicated to the exclusive benefit of its members and used solely for Pool purposes. The Pool may contract with the Washington State Association of Counties for services. Article •7 Powers of Pool The Pool shall have the powers and functions to do the fol- lowing: (a) Contract or otherwise provide for risk management and loss control services; (b) Contract or otherwise provide legal counsel for the defense of claims and/or other legal services; (c) Consult with the Washington State Insurance Commissioner and State Risk Manager; (d) Jointly purchase insurance coverage in such form and amount as the Board of Directors may determine; and (e) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of Chapter 48. 62 RCW. 269 16 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 3 Al i!»_ !4 �a;: 1 2746 ,.. Article 8 Organization (a) Board of Directors. The Pool shall be governed by a Board of Directors ("Board" ) which shall be composed of one Di- rector from each member county. Directors and Alternate Direc- tors shall be officers or employees of member counties, and shall be appointed by and serve at the pleasure of the Boards of County Commissioners of member counties. Alternate Directors shall have the same authority to attend, participate in, and vote at any meeting of the Board or a Committee as that member county' s Di- rector when such Director is absent from the meeting. Each Di- rector or Alternate Director shall have one vote. Proxy votes from Directors and Alternates not in attendance at a meeting shall not be permitted. (b) Officers. The Board shall elect officers to govern the Pool. (c) Meetings. The Board shall provide for regular meetings and shall be subject to the Open Public Meetings Act, Chapter 42. 30 RCW. Pursuant to RCW 48.62.110, the Board shall provide for private meetings to consider litigation and settlement of claims. Article 9 Administrator The Board shall employ an Executive Director, who shall be given general administrative responsibility for Pool activities including risk management, claims handling and administrative services. Article 10 Pool Responsibilities The Pool shall perform the following functions in discharg- ing its responsibilities under this Agreement: (a) Provide for the management and operation of the Pool; (b) Provide for umbrella coverage for the member counties; (c) Provide reinsurance coverage for those claims which the Pool plans to self-insure, such coverage to be effective only in the event of the exhaustion of the Pool' s resources for a given fiscal period; (d) Establish deductibles and/or limits to any coverage that is provided; vi a an annual report of the (e) Pro operation of the Pool d p to the member counties, the State Risk Manager, and the State Insurance Commissioner; and INTERLOCAL AGREEMENT CREATING THE Vu- 269 WASHINGTON COUNTIES RISK POOL - 4 r ��dr ';' ,r; (f) Provide for other services as deemed necessary by the Board in order to carry out the purposes of this Agreement. Article 11 Member County Responsibilities Member Counties shall have the following responsibilities: (a) The Board of County Commissioners shall appoint a Director and at least one Alternate Director to the Board; (b) Each County shall appoint an employee of the County to be responsible for the risk management function within that County ( "County Risk Manager" ) , and to serve as a liaison between the County and the Pool as to risk management; (c) Each County shall maintain an active safety officer ( "County Safety Officer" ) and committee, and shall consider all recommendations of the Pool concerning the development and implementation of a loss control policy to prevent unsafe practices; (d) Each County shall maintain its own set of records, as a loss log, in all categories of loss to insure accuracy of the Pool' s loss reporting system; (e) Each County shall pay its premium and any readjusted amount promptly to the Pool when due. After withdrawal or termination, each County shall pay promptly to the Pool its share of any additional premium and accrued interest; (f) Each County promptly shall provide the Pool with such other information or assistance as may be necessary for the Pool to carry out its responsibilities under this Agreement; and (g) Each County shall in any and all ways cooperate with and assist the Pool, and any insurer of the Pool, in all matters relating to this Agreement and covered losses, and shall comply with all Bylaws, rules and regulations adopted by the Board. Article 12 Financing (a) Initial Premiums. After thi: effective date of this Agreement, but prior to the effective date of joint self-insur- ance, the Board shall adopt fair anu rLasonable coverages, ini- tial premiums, precise cost allocation: plans and formulae, the INTERLOCAL AGREEMENT CREATING THE On „ r 1$ WASHINGTON COUNTIES RISK POOL - 5 a4 pro forma financial statement of the Pool and the amounts and types of excess insurance to be procured. The effective date of joint self-insurance shall be determined by the Board, and shall be no later than January 1, 1989. (b) Subsequent Premiums. Premiums shall be fairly and rea- sonably adjusted as determined by the Board after considering ac- tuary studies at the end of the first year of- operation and annu- ally thereafter. (c) Premium Payments. Member counties shall pay their pre- miums promptly when due, and reasonable interest on overdue pay- ments. Article 13 Budget and Records (a) Budget. The Board shall establish and maintain annual budgets for the operation of the Pool. (b) Audit Report. The Board shall establish and maintain such funds and accounts as may be required by good accounting practices and the State Budget Accounting Reporting System ( "BARS" ) . Financial records of the Pool shall be open to inspec- tion at all reasonable times by Directors. The Pool shall be subject to audit by the Washington State Auditor. A complete written report of the financial activities of the Pool, including an annual audit of the accounts and records of the Pool, shall be provided to each Director. Article 14 Joint Self-Insurance (a) Self-Insurance. The Pool shall provide joint self-in- surance coverage for liability claims arising from the negligent or other tortious conduct of the Pool and member counties, and their officers, employees orsagents, or any error or omission on the part of the Pool and member counties, and their officers, em- ployees or agents. The Pool may also provide joint self-insur- ance coverage for property of the Pool and member counties. The Pool may obtain umbrella insurance or reinsurance or join in other risk sharing pools. Joint self-insurance coverage shall be subject to exclusions and limitations determined by the Board. (b) Contingent Liabilities and Retroactive Assessments. Pursuant to RCW 48.62.060, each member county shall have contin- gent liability for the liabilities of the Pool in the event the assets of the Pool are not sufficient to cover its liabilities. Deficits of the pool shall be financed through fair and reason- able retroactive assessments levied against each member county as determined by the Board. Retroactive assessments shall be added to the annual premiums. � )9 19 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 6 s Article 15 Subrogation In the event the Pool pays any claim on behalf of a member county, the Pool shall be subrogated to the extent of such pay- ment to all the rights of the member county against any person or other entity legally responsible for damages arising under the claim. Member counties shall render all reasonable assistance, other than pecuniary assistance, to effect recovery on the subro- gated claim. Article 16 Cancellation and Withdrawal (a) Cancellation. A member county' s participation in this Agreement and the Pool may be cancelled at any time by an affir- mative vote of three-quarters of the entire Board for (1) failure to make full and timely premium payments; ( 2) failure to ade- quately fulfill the requirements of the risk management program; ( 3) failure to notify the Pool of incidents, claims, and lawsuits as may be required; or ( 4) failure to fulfill the cooperation and other requirements of the insurance agreement. The effective date of cancellation shall be six months after the date of Board action. Until the effective date, the cancelled member county shall still benefit from the Pool' s services. (b) Withdrawal. No member county may withdraw for sixty months after joining the Pool. After the initial sixty month pe- riod, a member county may withdraw at the end of any Pool fiscal year, provided it has given the Pool a twelve-month written no- tice of its intent to withdraw. (c) Effect of Cancellation and Withdrawal. The cancella- tion or withdrawal of one or more member counties shall not ter- minate this Agreement. No withdrawing or cancelled member county shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. (d) Unpaid Liabilities. The cancellation or withdrawal of a member county shall not terminate its responsibility to con- tribute its share of premiums or assessments until all claims and other unpaid liabilities covering the period of its membership have been finally resolved and the Board has determined the final amount of payments due from the withdrawing or cancelled member county for the period of its membership. Article 17 Termination (a) Initial Period. This Agreement may be terminated any time during its first sixty months by the written consent of the Boards of County Commissioners of all member counties . After the 29 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 7 " t- rcd first sixty months, this Agreement may be terminated by the writ- ten consent of the Boards of County Commissioners of three- fourths of the member counties. Upon termination, this Agreement and the Pool shall continue for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Pool. (b) Distribution of Assets. Upon termination, assets of the Pool shall be distributed to terminating member counties pro- portionate to their premium payments and property contributions made during the last thirty-six ( 36) months of the Pool. The Board shall distribute the assets to terminating member counties within six ( 6) months after the disposition of the last pending claim or loss covered by the Pool. (c) Contingent Liabilities. Upon termination, the Board shall wind up and dissolve the business affairs of the Pool. The • Board shall determine, and member counties shall pay, each county' s fair share of any additional premium amounts necessary for final disposition of all claims and losses covered by the Pool. A member county' s share of such additional premiums shall be determined in the same manner as that provided hereinabove for annual premiums, and shall be treated as if it were the next year' s annual premium for that county. Article 18 Property of Pool The Pool shall acquire, hold and dispose of real and per- sonal property subject to the same restrictions as any of its member counties. Article 19 Notices Notices to member counties shall be sufficient if mailed postage prepaid to the Board of County Commissioners of the re- spective member counties at such addresses as may be given in writing to the Pool. Article 20 Amendments This Agreement may be amended at any time by the written ap- proval of the Boards of County Commissioners of all member coun- ties. Article 21 Prohibition Against Assignment No county may assign any right, claim or interest it may have under this Agreement. No creditor, assignee or third-party beneficiary of any county shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Pool. 1J.. 2r9 - 21 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 8 - 2•7 i_ VOL 14 r'�,F ti Article 22 Enforcement The Pool may enforce the terms of this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any present or previous member county, the prevailing party shall receive such sums as the court may fix as reasonable attorneys' fees and costs in the action. Article 23 Default If any member county fails to perform any term or condition of this Agreement and such failure continues for a period of sixty ( 60) days after the Pool has given the member county writ- ten notice of such failure, the member county shall be in default hereunder. Upon default, the Pool may immediately cancel the member county' s membership effectively immediately without fur- ther notice, or exercise any remedies herein provided or other- wise provided by law. The rights and remedies of the Pool are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. Article 24 No Waivers No waiver or forbearance of a breach of any covenant, term, . or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money af- ter the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver of the right to demand payment of all other sums owing or a waiver of any other default then or thereafter existing. Article 25 Severability If any term or provision of this Agreement shall to any ex- tent be determined by a court of competent jurisdiction to be in- valid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision in this Agree- ment shall be valid and be enforceable to the fullest extent per- mitted by law. Article 26 Time Time is of the essence in this Agreement and each and every provision hereof. VL 219 22 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 9 Article 27 Headings The Article and Section headings in this Agreement are in- serted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. Article 28 Governing Law This Agreement shall be governed by and construed in accor- dance with the laws of the State of Washington. Article 29 Counterpart Copies This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Article 30 Agreement Complete The foregoing constitutes the full and complete agreement of the parties. All oral understandings and agreements are set forth in writing herein. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the dates indicated. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 269 23 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 10 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL Interlocal Agreement creating Washington Counties Risk Pool approved this /5T day of �,c�,,cc„_C`'' , 1988. JEFFERSON COUNTY, WASHINGTON 47d:4gr,-‘44..ti B.G. OWN, Chairman - T c r..e-6Zs3^— R . DENNISON, Member yc C� GEORGE . BROWN Member Constituting the Board of County Commissioners of JEFFERSON County, Washington : •,... ,...�c. Att st: / - `y COM :, . vc •, ,sp•,, tiC�f��Zv �1z // .. y\ Cler f u Board ' r . 41 'so\t y. ♦i ,-( ; : ,` 4,/t,t , . ! Approved / o F rm: r �r" ftii 9S`y�•� a�� . Q .��r ,Yi'o `: . (Dept Prose ^ Attorn 4s0y . ACCE TED BY THE OOL this day of , 19 . By: i --1-____.. sue—I�ix 6r 2 INTERLOCAL AGREEMENT CREATING THE WASHINGTON COUNTIES RISK POOL - 1 2754