HomeMy WebLinkAboutres2006-056WHATCOM COUNTY COUNCIL AGENDA BILL NO. 9006 - -349
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
!
September 12, 2006
Pinance/Council
V
Paula J. Cooper
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ti EE �/ LE
Division Nead.
Bruce M. Roll
S E n 0 5 2006
Dept. Head:
�,yh
9/7, 3/6 b
Jeff Monsen
y ' A TCOM COUNTY
Prosecutor:
'J
Dan Gibson
COUNCIL
Purchasin /
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01 w.
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Executive:
TITLE 4F DOCUMENT:
Washington Governmental Entity Pool — Intergovernmental Contract
Resolution
ATTACHMENTS:
Memo, Agenda Bill, Resolution, intergovernmental Contract
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( ) Yes { x ) NO
SEPA review completed? { ) Yes { x ) NO
Requested Date:
S UMMAR Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
This contract and resolution will provide for the Whatcom County Flood Control Zo►te District to enroll in
the Washington Govern►nental Entity Pool
COMMITTEE ACTION.
COUNCIL ACTION:
9/12/06: Forwarded to Council for approval
9/12/06: Council Approved 7 -0
Res. 2006 -056
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
a 006 0 F.
Number: Res. 2006 -056
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www. co. whatco►n. wa. us /councib
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 9L12
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
RESOLUTION NO. 2006-05 6
Authorizing the Whatcom County Flood Control Zone District to join as a member in the
Washington Governmental Entity Pool for the purpose of providing liability and property
insurance for the district; approving an interlocal governmental contract and authorizing
execution thereof; and accepting a memorandum of insurance coverages under such
contract.
WHEREAS, the Whatcom County Flood Control Zone District, Whatcom
County, Washington, hereinafter referred to as the "District ", is authorized pursuant to
Chapters 48.62 and 39.34 RCW to join with other governmental entities of the State
through an interlocal cooperation agreement for the purpose of providing property and
liability insurance coverage for the District; and
WHEREAS, the District's Board of Supervisors hereby finds and determines that
the best, most cost - effective means for securing such insurance is to become a member of
the Washington Governmental Entity Pool ( "WGEP ").
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the District
located in Whatcom County, Washington, as follows:
Section 1. Intemyovernmental Contract. The form of Intergovernmental Contract
for Washington Governmental Entity Pool ( "IGC ") attached hereto as Appendix A is
hereby approved, and the County Executive on behalf of the Board of Supervisors is
hereby authorized and directed to execute the IGC on behalf of the District.
Section 2. Severability. If any provision of this resolution or the agreements
authorized herein on behalf of the District is declared by any court of competent
jurisdiction to be contrary to lave, such provision shall be null and void and deemed
separable from the remaining provisions to assure continuous insurance coverage for the
District.
ADOPTED by the Board of Supervisors of the Whatcom County Flood Control Zone
District, Whatcom County, Washington, at a regular meeting thereof held on the
day of 2006.
Pete Kremen, Whatcom County Executive
Attb�.•'�NKATCp•.LC�':
.r
Dar; Brd �I�erk othe Council/Board of Supervisors
Approved as to orm:
&"'
Daniel L. Gibson, Asst. Chief Civil Dep. Pros. Atty.,
Whatcom County
r 5e.1
urie Caskey - Schreiber, Whatcom County Council Chair /Board of Supervisors
ORIGINAL
WNATCOM COUNTY
CCU T RACIF NO.
Washington Governmental Entity Pool
Intergovernmental Contract
(IGC)
V G..ID
W n i n C,ow-nmental Efitity Pool
INTERGOVERNMENTAL CONTRACT
FOR
WASHINGTON GOVERNMENTAL ENTITY POOL
ARTICLE 1, NAME OF ENT FY ................................................................................... ............................... 2
ARTICLE2. PURPOSE ................................................................................................... ............................... 2
ARTICLE 3. DEFINITIONS ................................. ............................... .. ... 2
..... ............ ...............................
1. Act ....................................................................................................... ............................... 2
2. Executive Director ............................................................................... ............................... 2
3. Agreement ............................................................................................ ..............................3
4. Board .................................................................................................... ..............................3
5. Contribution ........................................................................................ ............................... 3
6. Member .................................................................. ............................... ... 3
..........................
7. Memorandum of Coverage .................................................................. ............................... 3
8. Pool ..................................................................................................... ............................... 3
ARTICLE 4. MEMBERSHIP ........................................................................................... ............................... 3
ARTICLE 5. BOARD OF DIRECTORS .......................................................................... ............................... 4
1. Administration and Management of the Pool ...................................... ............................... 4
2. Directors' Qualifications ...................................................................... ............................... 4
3. Eligibility and Vacancies ..................................................................... ............................... 4
4. Term of Directors ....................................... ............................... ... 4
5. Meetings of the Board of Directors ..................................................... ............................... 4
6. Executive Committee .......................................................................... ............................... 4
7. Directors' Reimbursement ................................................................... ............................... 4
8. Officers ................................................................................................ ............................... 5
9. Clerk ..................................................................................................... ..............................5
ARTICLE 6. POWERS AND DUTIES OF THE BOARD ............................ ...............................
ARTICLE 7. EXECUTIVE DIRECTOR ......................................................................... ............................... 6
ARTICLE 8. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS, EXECUTIVE DIRECTOR
SUBCONTRACTORS OR EMPLOYEES .................................................. ............................... 6
ARTICLE 9. ESTABLISHMENT OF MEMBER CONTRIBUTIONS AND ASSESSMENTS .....................7
ARTICLE 10. MEMBER'S WITHDRAWAL, CANCELLATION OR TERMINATION .. ..............................7
ARTICLE 11. MEMORANDUM OF COVERAGE .......................................................... ..............................7
ARTICLE12. TERMINATION .......................................................................................... ..............................8
ARTICLE 13. MISCELLANEOUS PROVISIONS .......................................................... ............................... 8
ARTICLE 14. AGENT AND OFFICE .............................................................................. ............................... 9
ARTICLE15. NOTICE ..................................................................................................... ............................... 9
INTERGOVERNMENTAL CONTRACT
FOR
WASHINGTON GOVERNMENTAL ENTITY POOL
This Agreement is made and entered into by the undersigned Entities who, upon execution of this
Agreement, will become Members of Washington Governmental Entity Pool.
WHEREAS, the laws of the state of Washington, specifically Chapter 48.62 RCW, permits various local
entities to form together into a pool pursuant to the Interlocal Cooperation Act (Chapter 39.34 RCW) for
joint self - insuring and/or for the joint purchase of insurance;
Now, THEREFORE, the undersigned exeeutes this Agreement in consideration for other Entities executing
this Agreement for the purpose of joining and establishing a risk pool known as Washington Governmental
Entity Pool. The undersigned agrees to abide by the terms and conditions of this Agreement and all actions
taken pursuant to this Agreement. In consideration of the mutual covenants of all signatories to this
Agreement it is agreed as follows:
ARTICLE 1. NAME OF ENTITY. The name of the entity created herewith shall be Washington
Governmental Entity Pool.
The signatories hereto, together with future signatories, establish a risk pool as authorized by Chapter
48.62 RCW as a separate legal and administrative entity for the purpose of effectuating this Agreement;
which pool shall have a perpetual duration and shall continue until terminated pursuant to the terms and
conditions of this Agreement.
ARTICLE 2. PURPOSE. The purposes of the pool are: to serve as a risk sharing pool of entities defined
in Chapter 48.62 RCW operated and controlled by its members, and to provide stability through financial
risk sharing and risk management services responsive to members' needs.
The purpose of this Agreement is to enter into an intergovernmental contract to form a local government
risk pool, to provide for joint or cooperative action by Members relative to their financial and
administrative resources for the purpose of providing risk management services and risk sharing facilities
to the Members and to the Members' employees, and to defend and protect, in accordance with this
Agreement, any Member of the Pool against Iiability pursuant to the Memorandum of Coverage issued to
each Member as outlined in the Appendix.
This Agreement shall constitute a contract among those Entities, which shall now or at any time enter into
this Agreement and become Members of the Pool.
In no event shall a Member be responsible, jointly or severally, for the liabilities of any other Member.
ARTICLE 3. DEFINITIONS. In the interpretation of this Agreement the following definitions shall
apply unless the context requires another interpretation:
N:IGOVERNANCEIIGCIIGC chgs 050105_FInal.DOC Page 1
1. Act "Act" shall mean such Acts of the state of Washington, pursuant
to which this Pool is organized, as the same may be amended
from time to time.
Executive Director "Executive Director" shall mean the individual or entity
designated by the Board to supervise the administration of the
Pool and to perform such additional duties as shall be delegated
by the Board.
Agreement "Agreement" shall mean this Intergovernmental Contract for the
Washington Governmental Entity Pool and all of the counterparts
subsequently executed.
4. Board 'Board" shall mean the Board of Directors of the Washington
Governmental Entity Pool.
Contribution "Contribution" shall mean that amount necessary to provide
coverage to a Member for a one (1) year period including those
amounts necessary to operate and manage the Pool as determined
by the Board.
Member "Member" shall mean an Entity participating in the Washington
Governmental Entity Pool by executing this Agreement.
8. Memorandum of "Memorandum of Coverage" shall mean the coverage limits and
Coverage deductibles as outlined in the Appendix and subsequent
amendments thereto.
9. Pool "Pool' shall mean the Washington Governmental Entity Pool, an
unincorporated association of all of its Members.
ARTICLE 4. MEMBERSHIP. The membership of the Pool shall consist of Entities who have entered
into this Agreement or its counterpart by the governing body duly authorized by law to execute this
Agreement, and who have agreed to make their Contributions pursuant to the further provisions hereof.
Members agree to the admission of future Members and acknowledge that they shall have no right to
object to the addition of such Members provided they are admitted in accordance with the terms hereof
This Agreement shall be automatically renewed unless provisions for withdrawal or termination are
applied.
Each Member shall appoint an individual and an alternate to represent the Member with the Pool. That
individual shall act as liaison between the Member and the Pool for purposes of relating risk reduction and
loss control information, and any other information or instructions concerning the obligations of the
Member imposed by this Agreement and the rules and regulations established hereunder. The individual or
alternate shall cast, on behalf of the Member, any vote to which the Member is required or permitted to
cast.
The obligations of Members of the Pool shall be as follows:
N:IGOVERNANCEIIGCIIGC chgs 050105_FIna1.DOC Page 2
1. To promptly report to the Pool any incident which could result in a claim being made by or
against the Member within the Memorandum of Coverage.
2. To cooperate with and institute to the degree possible all loss prevention procedures
established by the Board or the Executive Director pursuant to this Agreement.
3. To provide to the Pool such information as needed for rating purposes, including but not
limited to a budget legally adopted by the Member for any fiscal year of the Member requested
by the Pool.
4. To provide representatives of the Pool access to all records, including financial records and/or
properties of the Member provided the Pool or the Executive Director determines the
information or access is necessary.
5. To cooperate with the Pool's attorneys, claims adjusters, the Executive Director and any
employee, officer or subcontractor relating to the purpose and powers of the Pool.
6. To allow attorneys and others employed by the Pool to represent the Member in investigation,
settlement and all levels of litigation arising out of any claims made against the Member
within the Memorandum of Coverage furnished by the Pool.
7. To pay when due all Contributions, deductibles and/or co- payments due or required pursuant
to this Agreement.
ARTICLE 5. BOARD OF DIRECTORS.
1. Administration and Management of the Pool. The administration and management of the Pool
shall be governed by a Board of seven (7) directors; however, the Pool's Executive Director
shall be a nonvoting member of the Board
2. Directors' Qualifications. Directors shall be either:
a. Elected or appointed officials of a Pool Member;
b. Employees of a Pool Member; or
c. Volunteer of a pool member.
3. Eligibility and Vacancies. Should the number of directors become less than seven (7) due to
disqualification, death, incompetence, resignation or other cause, the remaining directors shall
appoint a person or persons to fill such vacancy or vacancies for the unexpired term(s) thereof
so that a Board of seven (7) persons shall be rriaintained. Any director may resign by sending a
notice of his resignation to the Chair of the Board.
4. Election and Term of Directors. Directors shall be elected in accordance with the terms of the
Bylaws. Directors so elected shall serve for a three (3) year term or until such new directors
are elected. Members may nominate candidates for the terms to be filled according to rules to
be promulgated by the Board. Each Member shall have one (1) vote which shall be cast either
in person or by mail. There shall be no prohibition on election to successive terms, and
election shall be by a majority of those Members voting.
N:IGOVERNANCEIIGCIIGC chgs 050105_FIna1.DOC Page 3
5. Meetings of the Board of Directors. Meetings of the Board shall be held at least four times per
year at such time as it shall prescribe. Any item of Pool business may be considered at such
meetings. Special meetings may be called in the manner set forth in the Bylaws of WGEP as
promulgated by the Board.
6. Executive Conunittee. The Executive Conunittee shall consist of the Chair, Vice - Chair, and
the Secretary/Treasurer. The Executive Committee shall inform and direct the Executive
Direetor on Board policy and shall exercise powers for and on behalf of the Board as it deems
necessary for the prudent operation and management of the Pool until matters requiring Board
action are considered at the next Board meeting.
7. Directors' Reimbursement. The directors shall be entitled to reimbursement of actual expenses
incurred in the pursuit of Pool business.
8. Officers. By majority vote, the Board, at its first regular meeting of each fiscal year, shall
select from the directors a chair, vice- chair, secretary/treasurer as prescribed in the Bylaws.
ARTICLE 6. POWERS AND DUTIES OF THE BOARD. The Board shall be permitted and authorized
to perform and carry out, or delegate to others to perform and carry out, on behalf of the Pool, each and
every act necessary, convenient or desirable to, and for carrying out the purpose of the Pool, including, but
not limited to:
1. Govern the Pool, receive Members' Contributions to the Pool, and settle and pay claims and
loss adjustment expenses on behalf of its Members.
2. Make and enter into contracts to conduct and operate the business of the Pool, including, but
not limited to, the execution of a management services agreement.
3. Employ agents.
4. Incur debts, liabilities and obligations, but no debt, liability or obligation so incurred shall be
the debt, liability or obligation of any Member to this Agreement.
5. Sue or be sued in its own name, and prosecute and defend claims.
6. Acquire, hold or dispose of personal and real property.
7. Advise Members on loss control guidelines and procedures, and provide them with risk
management services, loss control and risk reduction information.
8. Purchase reinsurance and/or excess insurance and enter into such excess risk sharing pools as
may be available and deemed desirable for the protection of the Members and/or the Pool
itself.
9. Invest Pool funds in securities and investments in a prudent and lawful manner.
10. Promulgate policies and regulations for the general operation of the Pool.
11. Take such action as is necessary to terminate the participation of any Member that fails to
comply with the reasonable requirements of the Board concerning contractual obligations.
NAGOVERNANCEUGOWC chgs 050105 FIna1.DOC Page 4
12. Provide surety and/or fidelity bonds, as may be available, for directors, officers and all persons
charged with the custody or investment of Pool monies.
13. Appoint an Executive Director who will provide for the management and operation of any
joint self- insurance pool established by the organization.
14. Provide insurance coverage for those claims which the organization plans to jointly self - insure,
such coverage to be effective only in the event of the exhaustion of the joint self - insurance
pool's resources for a given fiscal period.
15. Establish deductibles and/or limits to any coverage that is provided.
16. Provide an annual report of the operations of the organization to the participating entities, the
state risk manager and the state insurance auditor's office.
17. Contract or otherwise provide for risk management and loss control services.
18. Contract or otherwise provide legal counsel for the defense of claims and/or other Iegal
services.
19. Consult with the state insurance commissioner and/or the state risk manager.
20. Jointly purchase insurance coverage in such form and amount as the organization's participants
may by contract agree.
21. Possess any other powers and perform all other functions reasonably necessary to carry out the
purposes of this Agreement.
ARTICLE 7. EXECUTIVE DIRECTOR. The Board may hire an Executive Director and delegate the
day -to -day management of the Pool to said Executive Director.
The Board shall receive, at least quarterly, a report from the Executive Director. The nature and details of
the report shall be established by the Board and shall be in addition to or supplemented to any reports that
the Executive Director shall be required to file with any regulatory authority having jurisdiction over the
Pool.
ARTICLE S. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS, EXECUTIVE
DIRECTOR SUBCONTRACTORS OR EMPLOYEES. The directors and officers of the Pool and the
Executive Director, its directors, officers, employees and subcontractors shall:
1. Use reasonable and ordinary care in the exercise of their duties hereunder.
2. Be afforded all of the privileges and immunities that attach generally to governmental officers.
3. Not be liable for, and be held harmless and defended by the Pool, for any act of negligence,
any mistake of judgment or any other action, made, taken or omitted in good faith unless the
same is the result of a willful act done in bad faith.
N:IGOVERNANCEMCMC chgs 050105_FIna1.DOC Page 5
4. Not be liable for any loss incurred through investment of funds or failure to invest such funds,
unless the same is the result of a willful act done in bad faith.
The Pool may purchase, subject to availability and cost, insurance providing coverage for directors,
officers and the Executive Director.
The undersigned agrees that the funds of the Pool shall be used to hold harmless and defend any Pool
director, officer, Executive Director or employees (including its officers) for any act or omission taken or
omitted in good faith by the Board, the Executive Director, or Pool's employees relating to or arising out of
the conduct of Pool business. This obligation shall be considered an expense of the Pool.
No covenant or agreement contained herein shall be deemed to be the covenant or agreement of any
member of the Board or the Executive Director nor any of its employees (including its officers) and none
of such persons shall be subject to any personal liability or accountability by reason of the acceptance of a
position or the undertaking of the performance of any of the responsibilities or obligations or duties
contemplated in the carrying out of this Agreement, whether by virtue of any construction, statute or rule of
law.
ARTICLE 9. ESTABLISHMENT OF MEMBER CONTRIBUTIONS AND ASSESSMENTS. The
Board shall set the Contribution of each Member based on that Member's Memorandum of Coverage
taking into account the type and scope of coverage, the experience of that Member, independent actuarial
evaluation and reasonable expenses for operation of the Pool including the establishment and maintenance
of reserves. In the event that the annual independent financial audit determines there to be an adverse loss
in any given year, and the Board determines that insufficient funds are available from the risk surplus
account, a Member may be assessed their pro rata share, based on their Contribution, of such loss if they
were a Member of the Pool in such year of loss.
ARTICLE 10. MEMBER'S WITHDRAWAL. CANCELLATION OR TERMINATION.
1. Members agree to continue membership for a period of not less than one (1) full policy year.
At the conclusion of a policy year, a Member who has given sixty days (60) prior written
notice to the Pool may withdraw at policy year -end. All notices received by WGEP stating an
intention to withdraw from the program, or notification that the member is exploring the
possibility of withdrawal, either conditional or unconditional, will be considered a notice to
withdraw from the pool. When any member gives notice to withdraw or intent to withdraw as
described in this section, the Member is not eligible to participate in the next policy coverage
period and must wait a minimum of one year before making application to re join the WGEP
program. Upon notification of withdrawing from the pool, the withdrawing Member equity is
forfeited to the remaining Members of the pool.
2. The Pool may, by an affirmative vote of a two- thirds (2/3) majority of the Board and by
providing a Member sixty (60) days prior written notice, cancel that Member's participation in
the Pool effective at the end of any year for failure to implement the loss reduction/risk control
policies of the Pool and/or failure to continue to meet the underwriting criteria of the Pool or
the excess carrier.
3. In the event a Member withdraws under subparagraph 1 above or is canceled under
subparagraph 2 above, it shall thereafter be the responsibility of the Pool to defend, settle and
pay claims within the scope and limits set forth in the canceled Member's Memorandum of
Coverage in effect on the date of the occurrence out of which such claim arose. This provision
N:IGOVERNANCE\IGC1IGC chgs 050105_FInal.DOC Page 6
shall apply solely to claims which occurred during a Member's participation and evidenced by
the Member's Memorandum of Coverage.
4. Any Member failing to make Contributions, deductibles and/or co- payments when due as
required by this Agreement shall be terminated from the Pool effective on the date the
Contribution was due and upon that effective date of termination all coverages and benefits
hereunder shall cease. If the Member shall subsequently submit its Contribution, the Board
may at its discretion, reinstate such membership.
5. Any Member terminated or withdrawing from the Pool shall be liable pro rata for any
assessments levied against Members for any year in which that Member belonged to the Pool
as if they were still a Member.
6. If a Member ceases to exist legally, then their obligation to the initial one (1) year commitment
ceases. However, the obligation for assessments under subparagraph 4 of this Article shall
remain.
7. Organizations that leave WGEP forfeit any and all accumulated assets to the remaining
members of the pool.
ARTICLE 11. MEMORANDUM OF COVERAGE.
1. The Pool will provide a Memorandum of Coverage to each Member upon joining the Pool and .
will make or secure payment on behalf of each Member under criteria and procedures to be
established for the payment of claims as provided in the Member's Memorandum of Coverage.
A Member may, with the approval of the Executive Director, add additional parties provided it
is the Member's obligation or prerogative to provide coverage for such additional named party.
2. The Pool may obtain excess insurance or reinsurance.
3. in the event that a claim or a series of claims exceed the amount of protection provided by the
Member's Memorandum of Coverage, or in the event that a claim or a series of claims should
exhaust the self - insured retention and the excess limit, then payment of valid claims shall be
the sole and separate obligation of the individual Member or Members against whom the claim
was made and perfected by litigation or settlement or otherwise.
4. The Board may make changes in the Memorandum of Coverage, the amount of protection or
retention by the Pool upon consideration of the needs and requirements of Members, loss
experience, the kind and amounts of reinsurance or other excess coverage available and any
such changes shall require a two- thirds (213) majority of the Board. Where the Board takes
such action immediate notice after the taking of such action shall be sent to all Members (or
their representatives) together with a replacement or updated Appendix to reflect the changes
made.
ARTICLE 12. TEWWWATION. The Pool shall terminate at such time as two- thirds (213) of the
Members vote for such termination. A vote for termination must occur at least ninety (90) days prior to the
end of the Pool's fiscal year in which the termination is to take effect. Termination shal l take effect on the
last day of the applicable fiscal year. After a vote to terminate, the Board shall commence with the orderly
liquidation of the Pool's business and shall complete the same a' promptly as possible. During such period
of liquidation the Pool shall continue to pay claims and losses incurred within the Memorandum of
Coverage until all funds of the Pool are exhausted.
N:IGOVERNANCE\IGC1IGC chgs 050105_F1naI.D0C Page 7
After payment of all claims and losses, any remaining funds held by the Pool shall be paid to all Members
of the Pool at the time of the vote of termination, pro rata based on Contribution.
No Member shall be responsible for any claim, claims, judgment or judgments against any other Member
or Members. However, if upon termination of the Pool the remaining assets of the Pool are insufficient to
satisfy indebtedness of the Pool (excluding claims or judgments against the Members), such deficiency
shall be made up by assessments against Members of the Pool by a fair and reasonable method established
by the Board.
ARTICLE 13. AUSCELLANEOUS PROVISIONS.
1. The provisions of this Agreement shall be interpreted pursuant to the laws of the state of
Washington.
2. This Agreement may be executed in duplicate originals or counterparts now or at any time in
the future.
3. No waiver of any breach of this Agreement or any provision herein contained shall be deemed
a waiver of any preceding or succeeding breach thereof or of any of the other provisions herein
contained. No extension of time for performance of any obligation or act shall be deemed an
extension of time for performance of any other obligations or acts.
4. The provisions of this Agreement shall be deemed severable and if any provision or part
thereof is held illegal, void or invalid under applicable law, such provision or part may be
changed to the extent reasonably necessary to make the provision or part, as so changed, legal,
valid or binding. If any provision of this Agreement is held illegal, void, or invalid in its
entirety, the remaining provisions of this Agreement shall not in any way be affected or
impaired but shall remain binding in accordance with their terms and this Agreement shall be
so interpreted.
5. This Agreement and the Memorandum of Coverage contain the complete Agreement between
the parties and no representations or oral statements made or heretofore given shall constitute a
part of this Agreement.
6. This Agreement maybe altered or amended only by amendments duly adopted in accordance
with the terms and conditions of this Agreement; provided, however, that the Memorandum of
Coverage may be amended from time to time to reflect the exposures of each Member and
such changes shall be exempted from the preceding terms of this subparagraph.
7. This Agreement maybe amended by the Board with the approval of two- thirds (213) of the
directors; all Members agree to properly execute and adopt amendments so approved.
8. The Pool shall maintain a fiscal year ending August 31.
N:IGOVBRNANCE\IGC1IGC chgs 050105 FIna1.DOC Page 8
ARTICLE 14. AGENT AND OFFICE. The agent of the Pool for service of notice shall be Washington
Governmental Entity Pool, attention Executive Director. The office of the Pool shall be 5709 W. Sunset
Hwy, Suite 105, PO Box 19330, Spokane, Washington 99219 -9330.
ARTICLE 15. NOTICE. All notices required to be given under this Agreement shall be in writing and
sent certified mail return receipt requested with postage prepaid. Notices by a Member to the Pool shall be
sent to the address in Article 14 to the attention of the Executive Director. Notices to any Member shall be
sent to the representative of the Member at the Member's last known address.
In the event that any party to this Agreement desires to change its address, notice of change of address shall
be sent to the other party in accordance with the terms and provisions of this Article.
IN WITNESS WHEREOF, this Agreement was executed on the day of , 20_, by the
undersigned duly authorized officer of the Governmental Entity indicated below.
Name of Entity Uh,1t. orn— CeuntyFlood Cpntrnl 7.nnp nis trict
Authorized Signature
Title: PPtp Kramen , County F.x c» i y -
Accepted for the Washington Governmental Entity Pool
Authorized Signature
Executive Director on behalf of all other current and
future signatories
Approved As to Form Only:
Daniel L. Gibson Date
Senior Civil Deputy Prosecuting Attorney
N:IGOVERNANCE\IGC1IGC chgs 050105 FIna1.DOC Page 9