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HomeMy WebLinkAbout5667AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with the Study Session Date: February 22, 2017 Kitsap Conservation District,for the COUNCIL MEETING Date: March 1, 2017 Rain Garden Project Department: PW&U Presenter: Theresa Smith Phone: (360) 473-2315 SUMMARY: Bremerton's rain garden project will provide technical and financial support to property owners for installation of rain gardens and other low impact development in the Anderson Cove basin to avoid Combined Sewer Overflows during storm events using green infrastructure. The Kitsap Conservation District will be contracted to complete site visits, designs, and installations because of their extensive rain garden experience and proven success with similar programs. Selected recipients will receive rain garden excavation, construction, and materials. The landowner will contribute the cost of a portion of the plants and their own labor to the extent possible. The project will offer resources to teach people to care for their rain gardens and other plantings using natural methods. ATTACHMENTS: 1) Interlocal Agreement with the Kitsap Conservation District; 2) Project Summary; 3) Jim McDonald Letter FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement will be an amount not to exceed $65,000 budgeted in the Wastewater Utility through December 31, 2018: STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Kitsap Conservation District; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [►Approve ❑ Deny ❑ Table ❑ Continue Form Updated 01/07/15 ❑ No Action INTERLOCAL AGREEMENT 2017-2018 Between the Gly of Bremerton and the Kitsap Conservation District Regarding Rain Garden & Low Impact Development (LID) Education & Outreach, Technical Assistance, and Installation PREAMBLE This Interlocal Agreement (hereinafter "agreement") is by and between the City of Bremerton (hereinafter "City") and the Kitsap Conservation District (hereinafter "District".) RECITALS WHEREAS, the City is committed to preventing stormwater runoff pollution and Combined Sewer Overflows (CSOs); and WHEREAS, the City and the District have a common goal to promote Best Management Practices to protect water quality, provide education to land owners on land use impacts, and support the use of Low Impact Development practices; and, WHEREAS, the services proposed under this agreement will promote improved water quality for local waterways and the mitigation of pollution impacts on fish and wildlife, including shellfish; and WHEREAS, the District's contribution of services can assist the City in compliance with Washington Department of Ecology CSO reduction requirements; and WHEREAS, the District's contribution of services can assist the City in compliance with its NPDES (National Pollutant Discharge Elimination System) Municipal Stormwater Permit in the areas of Runoff Control and Education/Outreach; and WHEREAS, the District has the expertise and experience to provide assistance to property owners on land management activities and impacts to water quality; and WHEREAS, the City and the District desire'to enter into an agreement and continue to work collaboratively in providing information and services to property owners that will protect water quality; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34, further authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 1 of 12 SO e District agree as follows: AGREEMENT 1. SERVICES BY DISTRICT The District shall perform such duties and services as are listed on the scope of work attached hereto as Exhibit A. Said services shall be performed in accordance with the approved scope of work and budget specified in Exhibit A. All services funded under this Agreement shall be provided exclusively within the boundaries of incorporated City of Bremerton. The District shall furnish all services, labor, and related equipment to conduct and complete the work, except as specifically noted otherwise in this Agreement. i 2. PAYMENT The City shall reimburse the District only for actual incurred costs upon presentation of a properly executed invoice i.n a form approved by the City. The sum of the District's reimbursement requests during the duration of this Agreement shall not exceed Sixty Five Thousand Dollars ($65,000) for technical assistance and installation for small-scale LID projects. The anticipated (budgeted) and actual distribution of funds will be reported by the District quarterly and monitored by the City. Reimbursement requests shall be submitted once a quarter. The City reserves the right to withhold payments pending timely delivery of progress reports or documents as may be required under this Agreement. The City shall reimburse the District within sixty (60) days of receipt of a properly execuIted District invoice. 3. GENERAL ADMINISTRATION AND MANAGEMENT The Water Resources Manager, or designee, shall be the City's representative and shall oversee and approve all services to be performed, coordinate' all communications,. and review and approve all invoices under this Agreement. The Chair of the Board of Supervisors for the Kitsap Conservation District, or his/her designee, shall represent the District -in all matters pertaining to the services and materials to be rendered under this Agreement; all requirements of the City pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the District's representative. The parties do not create through this Agreement a separate legal entity subject to suit. The parties will not jointly own real or personal property as part of this undertaking. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 2 of 12 4. REPORTING The District shall produce quarterly and year-end reports summarizing the work performed and evaluating the performance and results of the work performed pertaining to this Agreement. Progress reports shall include, but are not limited to, the following information: a. Status of the work plan. b. A description of work performed during the period and progress made to date, including performance indicators that reflect effectiveness of the program elements as set forth in Exhibit A. c. Description of any adverse conditions that have affected the program objectives and/or time scheduled, and actions taken to resolve these issues. d. Progress reports shall be submitted as follows: For each year, Quarterly reports are due the closest workday to May 15, August 15, and November 15; Year-end Report is due February 15. The Year-end Report shall contain a summary of major accomplishments realized during the year. This report shall include, but not be limited to, photographs, slides, and any other graphics that would enhance the content and/or appearance of the report. 5. INSPECTION AND AUDIT The District shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the District shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The District shall preserve and make available all such books of account and records fora period of five (5) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the District shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 6. INDEPENDENT CONTRACTOR A. The District and the City understand and expressly agree that the District is an independent contractor in the performance of each .and every part of this Agreement. The District expressly represents, warrants, and agrees that its status as an independent contractor in the performance of the work and services required Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 3 of 12 under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The District, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under. this Agreement. The District shall make no claim of City employment nor shall Iclaim any related employment benefits; social security, and/or retirement benefits. B. The District shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by, law or assessed against either party as a result of this Agreement. In the event, the City is assessed a tax or assessment as a result of this Agreement, the Distrit shall pay the same before it becomes due. C. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the District performs hereunder. 7. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The District agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. B. The District shall comply with all `federal, state, . and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 7 shall be a material breach1of this Agreement and grounds for cancellation, termination or suspension by the :City, in whole or in part, and may result in ineligibility for further Mork for the City! 8. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both parties and shall continue 'in full force until December 31, 2018, unless sooner terminated by either party as provided below. B. This Agreement may be terminated by either party ;without cause upon thirty (30) days written notice to'the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the District pursuant to Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 4 of 12 i this Agreement shall be submitted to the City, and the District shall be entitled to just and equitable compensation as set forth in Section 2 for any satisfactory work/services completed prior to the date of termination. 9. HOLD HARMLESS AND INDEMNIFICATION A. The District agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the District, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the District under this Agreement. B. The City agrees to protect, defend, indemnify, and hold harmless the District, its officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the City, its officers, employees, and/or agents, arisingout of or in connection with the performance or non-performance of the services, duties, and obligations required of the City under this Agreement. C. In the event that the District and the City are both negligent, then the District's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees and disbursements) that can be apportioned to the District, its officers, employees and agents. D. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the immunity of the District under Washington's Industrial Insurance Act, RCW Title. 51, as respects the other parties only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the employees of the District. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. E. The City's inspection or acceptance of any of the District's work when completed shall not be grounds to avoid any of these covenants of indemnification. F. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 5 of 12 r G. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. INSURANCE The District shall maintain insurance as follows: [X] Commercial General Liability as described in Exhibit B. [X] Automobile Liability as described in Exhibit B. The District shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of' this Agreement, the District shall provide or, purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. The City shall be named as an additional insured under the District's Commercial General Liability insurance policy with respect to the work performed under this Agreement using ISO Additional Insured endorsement CG 20 10 01 and Additional Insured -Completed Operations endorsement CG 20 37-10 901 or substitute endorsements providing equivalent coverage. 11. SUBLETTING OR ASSIGNING CONTRACT The District shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the District as stated herein. 12. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with Exhibits or ;addenda, represents the entire and integrated Agreement between 'the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 13. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall .be construed and enforced as if the Agreement did not contain the 1particular provision held to be Interlocal Agreement —City of Bremerton and Kitsap Conservation District, 2017-2018 Page 6 of 12 invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 14. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 15. NON -WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 16. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Attention: Kathleen Cahall, Water Resources Manager Phone: (360) 473-2315 Fax: (360) 473-5018 Kitsap Conservation District 10332 Central Valley Road Poulsbo, WA 98370 Attention: Chair of the Board of Supervisors Phone: (360) 204-5529 Fax: (360) 204-5519 or to such addresses as the parties may here demands shall be sent by registered or certifie Such notices shall be deemed effective when specified above. 17. SURVIVAL after designate in writing. Notices and/or I mail, postage prepaid, or hand -delivered. mailed or hand -delivered at the addresses Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 7 of 12 Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 20. COUNTERPARTS This Agreement may be executed in one or more counterparts; each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 21. FILING Pursuant to RCW 39.34.040, this Agreement, shall be filed with the Kitsap County Auditor or listed by subject on the public website of '!the parties hereto or on another electronically retrievable public source. EXECUTED THIS DAY OF FEBRUARY, 2017. KITSAP CONSERVATION DISTRICT PA - Albert Allpress Chair, Board of Supervisors /lsw' 1� Date CITY OF BREMERTON 4�5�jl-xr / Patty Len 6l: U— Mayor Date Interlocal Agreement— City of Bremerton and Kitsap Conservation District, 2017-2018 Page 8 of 12 4714-SWINW-11 SCOPE OF WORK & BUDGET 2017-2018 Interlocal Agreement Between the City of Bremerton and the Kitsap Conservation District Regarding Rain Garden & Low Impact Development (LID) Education & Outreach, Technical Assistance, and Installation PURPOSE ■ Reduce Combined Sewer Overflows (CSOs), which is the overflow of sewage and stormwater into Puget Sound that occurs as a result of stormwater exceeding the hydraulic capacity of the sanitary sewer system ✓ Disconnect storm runoff from the sanitary sewer system at selected properties and use LID practices if possible to allow water to infiltrate into the ground instead of overwhelming the sewer system ■ Support NPDES permit compliance and environmental stewardship objectives through: ✓ Public education on LID principals and applications ✓ Increased use of LID practices to mitigate the effects of existing development ✓ Water quality improvements achieved from the LID. retrofit projects ■ Provide an opportunity for private property owners within the City to obtain financial assistance for small-scale LID projects they might not otherwise construct ■ Provide cost reimbursement to private property owners ■ Provide funds for technical assistance for small-scale LID projects Within the City of Bremerton ("City"), some private properties still have downspouts and other stormwater runoff sources connected to the sanitary sewer. This can be a problem in large storm events because the extra stormwater can overwhelm the sanitary sewer and cause a CSO in that basin. Disconnecting these properties and directing the runoff to LID where possible will reduce CSOs and therefore improve water quality, protect marine habitats, and reduce risks to human health. In addition, directing this water into LID will treat the stormwater by removing metals, nutrients, and other pollutants before the water reaches Puget Sound. The City and the Kitsap Conservation District ("District") share a common goal to promote Best Management Practices (BMPs) to protect water quality, provide education to landowners on land use impacts, and support the use of Low Impact Development ("LID") practices. The District has the expertise and experience to provide education and technical assistance to property owners who are interested in learning about LID principals or employing stormwater BMPs on their property. The City and the District desire to enter into this agreement and work collaboratively. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 9 of 12 SCOPE OF WORK The District will partner with the City to develop and accomplish the following tasks: • Task 1-- Education and outreach • Task 2-- Identify opportunities & locations for small-scale LID projects • Task 3-- Implement District rain garden/LID program within City limits • Task 4-- Administration, documentation, and reporting TASK 1— EDUCATION AND OUTREACH Objective: Promote public knowledge of LID practices and promote the rain garden/LID program. Scope: 1.1 The District shall work with the City to create outreach materials including but not limited to brochures, flyers, and letters to advertise the program. 1.2 The District shall conduct outreach to eligible property owners to recruit program participants. 1.3 The District shall present at least one rain garden workshop within the City during 2017. Additional workshops within the City may be presented. TASK 2— IDENTIFY OPPORTUNITIES & LOCATIONS FOR SMALL-SCALE LID PROJECTS Objective: Develop a list of potential small-scale rain garden/LID sites based on CSO basins of concern, stormwater connection to the sanitary sewer, District analysis, and in consultation with City staff. Scope: 2.1 Develop a list of potential sites and facility types 2.2 Analyze potential sites for BMP type and estimated costs TASK 3— IMPLEMENT DISTRICT RAIN GARDEN/LID PROGRAM WITHIN CITY LIMITS Obiective: The District will implement its existing rain garden/LID program for properties within.the City limits. Scope: 3.1 Recruit property owners consistent with Task 2 and provide technical support for the design and installation of rain gardens or other small-scale LID projects. 3.2 The design of all projects shall be consistent with City codes and standards. 3.3 The agreement between the District and property, owner shall not be inconsistent with City Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 10 of 12 codes and ordinances. 3.4 The agreement with the property owners shall include a requirement for on-going maintenance which is consistent with City standards. TASK 4—ADMINISTRATION, DOCUMENTATION, AND REPORTING Objective: To provide project management, including communication, documentation, and submittal of billing invoices, and reports. Scope : 5.1 Project management efforts shall include conducting, coordinating, and scheduling project activities, including quality control. 5.2 Communication with the City shall be through postal mail, email, consultation meetings and phone discussions. 5.3 Project documentation shall include a separate file for each project location which contains, at a minimum, a copy of: the signed landowner agreement; the design report; documentation of satisfactory completion; photo(s) of the completed project; and GPS location. Upon site completion, a copy of each file shall be submitted to the City with the subsequent quarterly report. 5.4 Billing invoices, progress reports, and supportive documentation shall be submitted to the City's Project Manager on a quarterly and annual basis. 5.5 Maintain all records throughout the duration of the agreement and archive for an additional five years for audit purposes. BUDGET PROPOSED BUDGET Rain Garden & LID City Technical assistance and installation for small-scale LID projects & Up to $65,000 outreach/education Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 11 of 12 EXHIBIT B INSURANCE Insurance against claims for injuries to persons or damage to property arising out of or in connection with the performance of this Agreement by the', District, its officers, employees and agents: A. Automobile Liability Insurance with limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage. B. Commercial General Liability Insurance written on an occurrence basis with limits no Fess than $1,000,000.00 combined ' single limit per; occurrence and $2,000,000.00 aggregate for personal . injury, bodily injury and property damage. Coverage shall include, but not be limited to blanket contractual; 'products/completed operations; broad form property damage; explosion, collapse and underground (XCLI) if applicable; and employer's liability. Before commencing work and services, the District shall provide to the person identified in Section 16 of the Agreement a Certificate of Insurance evidencing the required insurance. City reserves the right to request and receive a certified copy of all required insurance policies. Any payment of deductible or self-insured retention shall be the sole responsibility of the District. City shall be named as an additional insured on the Commercial General Liability Insurance Policy, with regard to work and services performed by or on behalf of the District using ISO Additional Insured endorsement CG 20 10 01 and Additional Insured -Completed Operations endorsement CG 20 37-10 901 or substitute endorsements providing equivalent coverage. A copy of the endorsement naming City as an additional insured shall be attached to the Certificate of Insurance. The insurance policies (1) shall state that coverage', shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) shall be primary insurance with regard to City; and (3) shall state that City will be given at least 30 days' prior written notice of any cancellation, suspension or material change in coverage. Interlocal Agreement — City of Bremerton and Kitsap Conservation District, 2017-2018 Page 12 of 12 INSURED/PARTICIPANT: Memorandum #2017-00-136 Kitsap Conservation District 10332 Central Valley Rd f Poulsbo, WA 98370 CERTIFICATE HOLDER: City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 This is to certify that the Memorandum of Coverage has been issued to the the Member named above for the period indicated. EFFECTIVE: September 1, 2016 to September 1, 2017 . COVERAGE: Comprehensive General Liability General Liability Professional Liability Personal Liability Auto Liability Combined Single Limit Hired and Non -Owned Auto Coverage Temporary Substitute Auto Coverage LIMIT LIMIT Each Occurrence Aggregate / $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 $ 1,000,000 ✓ $ 2,000,000 $ 1,000,000 $ 2,000,000 City of Bremerton is an additional covered party in respect to Interlocal Agreement regarding rain garden and Low Impact Development Education and Outreach, Technical Assistance and Installation. Coverage shall be primary with respect to other insurance provided by the certificate holder. Coverage shall not be cancelled without 30 days notice of cancellation t he certificate holder. .11 The Evidence of Coverage does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Authorized Representative 8/24/2017 endures;. :WASHINGTON 1610 S Technology Blvd, Suite 100 -Spokane Washington - 99224 Tel. (509) 838-0910 - Toll Free (800) 462-8418 - Fax (509) 747-3875 INSURED/PARTICIPANT: Memorandum #2018-00-136 Kitsap Conservation District 10332 Central Valley Rd Poulsbo, WA 98370 CERTIFICATE HOLDER: City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 This is to certify that the Memorandum of Coverage has been issued to the the Member named above for the period indicated. EFFECTIVE: September 1, 2017 to,September 12018 � COVERAGE: Comprehensive General Liability General Liability Professional Liability Personal Liability Auto Liability Combined Single Limit Hired and Non -Owned Auto Coverage Temporary Substitute Auto Coverage LIMIT Each Occurrence 1,000,000 1,000,000 1,000,000 1,000,000 / 1,000,000 1,000,000 LIMIT Aggregate 2,000,000 ✓ 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 City of Bremerton is an additional covered party in respect to Interlocal Agreement regarding rain garden and Low Impact Development Education and Outreach, Technical Assistance and Installation. Coverage shall be primary with respect to other insurance provided by the certificate holder. Coverage shall not be cancelled without 30 days notice of cancellation t he certificate holder. i The Evidence of Coverage does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 71 Authorized Representative 8/24/2017 on :WASHINGTON 1610 S Technology Blvd, Suite 100 - Spokane Washington - 99224 Tel. (509) 838-0910 - Toll Free (800) 462-8418 - Fax (509) 747-3875 ADDENDUM B ENDURIS AND ITS MEMBERS MEMORANDUM OF COVERAGE It is agreed that the "Covered Party, Covered Persons or Entities" provision is amended to include any person or entity to whom the member is obligated by virtue of a contract to provide insurance with respect to coverage afforded by this Memorandum. Said person or entity shall be covered only to the extent of such obligation of the covered party, and then only with respect to operations by or on behalf of the covered party, or of facilities of the covered party, or of facilities used by the covered party. This policy will not insure or defend any claims for liabilities arising out of the sole fault, negligence or omission of the Additional Covered Party. Coverage provided under this addendum is limited to the lesser of the limits stated on the Declaration page, or the minimum of coverage required in the contract. This addendum requires written approval from Enduris. It is further agreed that nothing herein shall act to increase Enduris' Limit of Liability. This addendum is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown on the attached Evidence of Coverage. All other terms and conditions remain unchanged. Addendum B - Additional Covered Party MEMBER Kitsap Conservation District 10332 Central Valley Rd PouNbor WA 98370 Memorandum '# 2017-00-136 This, 'is.to certify that -the MemorandU of Coverage has been issued tothe Mernber.named above forihe perio L indicated. EFFECTIVE: September 1, 2016 to September 1,.2017 COVERAGE: Comprehensive General, Liability General Liability ProfessionalLiability Personal Liability Auto Liability Combined Single Limit Hired:and Non -Owned Auto -Coverage Temporary Substitute.Auto.Coverage Public Officials Errors and Omissions Liability Each Wrongful Act Aggregate Per;Mernber Terrorism Liability` Terrorist Liability .Aggregate for. Pool; distribution: per Enduris Board Cyber. Coverage .Aggregate Per'Member Co Pay rhoy tie waived as perMemorandum of Coverage Employment Practices Liability Aggregate`P&Member �Co Pay May be. waived as'verMemorandum of.Coverage Crime Blanket Coverage with Faithful Performance`of Duty Per Occurrence Aggregate identity Fraud Expense Reimbursement Property/Mobile Equipment/Boiler and Machinery Property Mobile; Equipment Boiler&'Machinery Automobile Physical Damage • �����.. �! ash f� oa e EAL 0 0 s e o � a 0 LIMIT DEDUCTIBLE $20;0001000 $1;000 520,000,00 $1;000 $20,000,000 $1,000 520;000,000 $1;000 $20,0001000 $1,000 $20,000,000 $1,000 520;0001;000 $11000 $20,000,000 $11000: $5001000 .$11000 $1,000,000 $1;000 $2,000,000 20% Co Pay" $.20,000;000 26% Co Pay* $250;000 $1,000 $250,000 $1,0.00 $25,000 N/A Replacement.Cost PevEnclosedSchedule Replacement Cost,Per Enclosed Schedule Replacement Cost"PerEnclosed Schedule Per: Enclosed Schedule P01" ��� Authorized Repr ntative Chief Operating Officer August 26, 2016 enduris, WASHINGTON 161 6S. TechnologyBlvd. Ste 100 - Spokane Washington - 99224 Tel. (509J 838-0910,- Toll Free (800) 462-8418- Fax (5091747=3875