HomeMy WebLinkAbout9034 AGENDA BILL
CITY OF BREMERTON 5 E
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Interlocal Agreement with the Kitsap COUNCIL MEETING Date: October 02, 2019
Conservation District for the Rain Garden & Department: PW&U
Low Impact Development (LID) Project Presenter: Chance Berthiaume
Phone: (360) 473-5929
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 within the City limits to reduce
Combined Sewer Overflows during storm events and improve stormwater quality 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: Interlocal Agreement with the Kitsap Conservation District
FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement will be an amount not
to exceed $180,000, $90,000 of which is budgeted in the Wastewater Utility through December 31,
2022, and the remaining $90,000 is budgeted in the Stormwater Utility through December 31, 2022.
The annual cost is a maximum of$60,000/year per Section 2 of the agreement.
STUDY SESSION AGENDA: ❑x Limited 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 for the Rain Garden
& Low Impact Development (LID) Project; and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: SIApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
INTERLOCAL AGREEMENT
2019-2022
Between the City 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 (LID) 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 reducing 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, authorizes the parties hereto to enter into
this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and the
District agree as follows:
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 1 of 12
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.
2. PAYMENT
The City shall reimburse the District only for actual incurred costs upon presentation of a properly
executed invoice in a form approved by the City. The sum of the District's reimbursement
requests during the duration of this Agreement shall not exceed Sixty Thousand Dollars($60,000)
per year, of which a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for LID
projects that include disconnection of storm runoff from the sanitary sewer system in support of
CSO reduction, and/or a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for
LID projects at properties with no stormwater connection to the sanitary sewer system in support
of NPDES permit requirements and stormwater pollution prevention. 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 executed 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.
4. REPORTING
The District shall produce quarterly and year-end reports summarizing the work performed and
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 2 of 12
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 for a 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
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 claim any related employment benefits, social security, and/or retirement
benefits.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 3 of 12
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 District 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 breach of this Agreement and grounds
for cancellation, termination or suspension by the City, in whole or in part, and
may result in ineligibility for further work 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, 2022, 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 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.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 4 of 12
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, arising out 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 each party's liability
for indemnification 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 that party,
its officers, employees and agents.
D. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the immunity of each party 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 each party. 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.
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.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 5 of 12
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.
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 particular provision held to be 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
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 6 of 12
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 Kitsap Conservation District
100 Oyster Bay Ave N 10332 Central Valley Road
Bremerton, WA 98312 Poulsbo, WA 98370
Attention: Water Resources Manager Attention: Chair of the Board of Supervisors
Phone: (360) 473-2315 Phone: (360) 204-5529
Fax: (360) 473-5018 Fax: (360) 204-5519
or to such addresses as the parties may hereafter designate in writing. Notices and/or demands
shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices
shall be deemed effective when mailed or hand-delivered at the addresses specified above.
17. SURVIVAL
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.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 7 of 12
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 AUGUST 2019.
KITSAP CONSERVATION DISTRICT CITY OF BREMERTON
Albert Allpress Greg
Chair, Board of Supervisors Mayor
g ►o `ot1,Zotot
Date Date
Interlocal Agreement-City of Bremerton and Kitsap Conservation District, 2019-2022 Page 8 of 12
EXHIBIT A
SCOPE OF WORK & BUDGET
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
• 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 help
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.
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
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 9 of 12
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.
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
Objective: 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 with the specific goal of CSO reduction, recruit
property owners City-wide with the overall goal of increasing the use of LID practices to
reduce stormwater pollution and improve water quality, 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
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.The District will provide O&M inspection
for those properties receiving cost-share within this agreement for a period not to exceed the
contracts dates of this ILA.
TASK 4—ADMINISTRATION, DOCUMENTATION,AND REPORTING
Objective: To provide project management, including communication, documentation, and
submittal of billing invoices and reports.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 10 of 12
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 3-YR BUDGET
Rain Garden & LID City
Technical assistance and cost-share to
provide outreach/education, downspout
disconnection, and installation of small- Up to $90,000 not
scale LID projects at properties with to exceed $30,000
stormwater runoff connected to the per year
sanitary sewer system
Technical assistance and cost-share to
provide outreach/education, technical Up to $90,000 not
assistance, and installation of small-scale to exceed $30,000
LID projects at properties with no per year
stormwater connection to the sanitary
Total 3-Year project budget Up to $180,000
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 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
less 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 (XCU) 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 District's Commercial General Liability insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is brought,except with
respects to the limits of the insurer's liability.
The District's insurance shall be primary and non-contributory insurance as respects the City and
shall contain a waiver of subrogation against the City for claims arising out of any operations,
liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon
the District to advise the City's Risk Manager by fax at (360)473-5161, or by certified mail, return
receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100,
Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of
any insurance policy set out herein, and failure to do so shall be construed to be a breach of this
Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
Interlocal Agreement—City of Bremerton and Kitsap Conservation District,2019-2022 Page 12 of 12
INSURED/PARTICIPANT:
Kitsap Conservation District
10332 Central Valley Rd
Poulsbo, WA 98370
CERTIFICATE HOLDER:
City of Bremerton
345 6th St, Suite 100
Bremerton, WA 98837
FtECE1VE®
AUG 17 2020
City of Bremerton
Risk Management
MEMORANDUM#: 2021-00-136
EFFECTIVE: September 1, 2020 through August 31, 2021
This is to certify that the Memorandum of Coverage has been issued to the
Insured/Porticipantforthe period indicated.
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.
COVERAGE:
PER OCCURRENCE AGGREGATE
LIMIT LIMIT
COMPREHENSIVE GENERAL LIABILITY $1,000,000 $2,000,000
Professional Liability $1,000,000 $2,000,000
Personal Liability $1,000,000 $2,000,000
Products - Complete Operation $1,000,000 $2,0000000
AUTO LIABILITY
Combined Single Limit• Hired and Non -Owned, Temporary Substitute
CRIME BLANKET COVERAGE WITH FAITHFUL PERFORMANCE OF DUTY
Per Occurrence Aggregate
PROPERTY/MOBILE EQUIPMENT/BOILER AND MACHINERY
Property
Mobile Equipment
AUTOMOBILE PHYSICAL DAMAGE
OTHER COVERAGE: EMPLOYERS LIABILITY (EL) ("STOP GAP")
41000000
$1,000,000
N/A
N/A
N/A
N/A
$1,000,000
1k2000000
$2,0001000
N/A
N/A
N/A
N/A
$1,000,000
CANCELLATION:
Should any of the above described coverage be cancelled before the expiration date of thereof. Notice will be delivered in accordance with the
provisions of the MOC.
MEMO:
Evidence of Member Coverage to contract party
Reference: Interlocal Agreement, Rain Garden &Low Impact Development Education &Outreach
L�
Authori led Representative
JUly 22, 2020
enduris,�
WASnINGTQN
i610 S Technology Blvd, Suite ioo - Spokane Washington - 99224 Tel. (909) 838-oglo - Toll Free_(800)_462-84i8_- Fax (509) 747-3875-,. _�
Contracted Party Notice
Enouns Washington is a joint self-insurance program for public entities authorized by RCW 48.6z.
Under RCW 48.62.061, the state risk managers a adopt rules governing the management and
operation of both individual and joint local government self-insurance programs covering property
or liability risks. The rules are contained in the Washington Administrative Code (WAC) 200-too and
summarized as follows:
• Only members who sign the interlocal agreement binding them to contributions and
assessments may participate in a local government risk pool (WAC 200-100-020).
• Only members may participate in the self -insured retention layer, and only members may
participate in the joint purchase of insurance or reinsurance (WAC zoo-100-02005).
• Nonmembers shall not participate in any coverages of the joint self-insurance program
including the self -insured retention layer and the excess insurance or reinsurance layer (WAC
200-100-0200]).
The state risk manager and the Washington Administrative Code prohibit Enduris of Washington
from granting additional insured status to nonmembers.
However, Enduris can cover the contractual liability undertaken by its members in most cases.
As long as the contract between an Enduris member and a third party qualifies as a "member
contract" and the claims against the indemnitee third party are otherwise covered by the terms of
the Memorandum of Coverage, the member district's indemnity obligation should also be covered.
Enduris Washington's memorandum of coverage (MOC) contains the definition of a "member
contract" as follows:
SECTION IV —DEFINITIONS
M. Member Contract means a written contract that satisfies all of the following:
1. The agreement pertains to the Named Member's routine governmental operations,
including professional services and mutual aid agreements, and by the contract terms the
Named Member assumes the Tort liability of another to pay damages because of Bodily
Injury or Property Damage to a third person or organization, or with respect to
Professional Services to pay damages because of Public Officials Errors and Omissions to
a third person or organization, and;
2. The agreement was entered into prior to the damage for which a claim is made.
Tort liability means a liability that would be imposed by law in the absence of any contractor
agreement.
A Member Contract does not include any part of any contract or agreement that indemnifies
any person or organization for any claim and/or suit that is excluded by the terms of this
Memorandum, or that indemnifies an architect, engineer, or surveyor arising out of preparing,
approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders,
designs or specifications, or giving or failing to give directions or instructions, unless the
architect, engineer or surveyor is an employee of the Named Member and the services are part
of the Named Member's routine governmental operations. A Member Contract also does not
include the indemnification of any person or organization for damages by fire, explosion, or
water damages to premises rented or loaned to the Named Member.
Reliability
in a Risky World
�6�0 5. Technology Blvd., Suite goo � Spokane WA 99zz4 � T: Boo-46z-84�8 �
www.enduris.us