HomeMy WebLinkAbout25-001-AFD-001 Interlocal Agreement SKAGIT COUNTY
Contract# C20240377
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SKAGIT COUNTY
INTERLOCAL AGREEMENT
FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
This Interlocal Agreement for the provision of Emergency Medical Services throughout Skagit County
("Agreement") is made and entered into by and between Skagit County("County");and "Provider(s)"
which includes the City of Anacortes; the City of Burlington,the City of Mount Vernon, the City of Sedro-
Woolley; and Aero Skagit, a not-for-profit Corporation, hereinafter referred to collectively as the"Parties".
RECITALS
WHEREAS, RCW 39.34 authorizes local governments to enter into agreements for joint and cooperative
undertakings; and
WHEREAS, statutes and regulations concerning the provision of emergency medical services and trauma
care include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC;and
WHEREAS, the County, with approval from the voters of Skagit County and as authorized by RCW
84.52.069, collects a countywide Emergency Medical Services (EMS)levy,which is independently
accounted for in the "EMS Fund"; and
WHEREAS, on July 25, 2018, the Skagit County Board of County Commissioners enacted Ordinance No.
020180008,which created a fire-based emergency medical services delivery model; and
WHEREAS, the Board of Skagit County Commissioners (BOCC)is responsible for disbursing EMS levy
funds, ensuring a unified and integrated EMS system on a county-wide basis, and fulfilling administrative
and oversight functions of the EMS system; and
WHEREAS, the existing EMS levy expires on December 31,2024, and the voters of Skagit County have
approved a replacement EMS levy that begins on January 1, 2025 and expires on December 31, 2030;
and
WHEREAS, the Cities each represent that they currently operate municipal fire departments with qualified
and experienced operational personnel through which they currently provide both basic life support(BLS)
and advanced life support(ALS) level responses and transports; and
WHEREAS, Aero Skagit operates as a nonprofit corporation for the provision of both basic life support
(BLS)and advanced life support(ALS) responses and transports in the East portion of Skagit County;
and
WHEREAS, changing demographics in the County, along with a desire for greater utilization of tiered
response, has resulted in changes in the nature of service delivery, expectations for service, and capacity
of various agencies to deliver service,all of which have driven the need to reconstruct the contractual
relationship with Parties through an updated,sustainable model of still-unified EMS system to deliver
emergency medical services through the cities and the unincorporated areas of the County;and
EMS INTERLOCAL AGREEMENT-SKAGIT COUNTY 2025-2030
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WHEREAS, this Agreement will replace and supersede the previous Interlocal Agreement for EMS
services; and
WHEREAS, the Parties to this Agreement are willing to work cooperatively to deliver seamless,
countywide EMS services with funding from the EMS levy as outlined in this Agreement. EMS revenues
are not intended to supplant current fire department funding; however,this model creates certainty,
consistency, and economy of scale in the provision of Emergency Medical Services.
THEREFORE, in consideration of the terms,conditions, covenants, and obligations contained herein,the
Parties mutually agree as follows:
AGREEMENT
1. PURPOSE: The purpose of this Agreement is to continue a unified system of delivery of both
BLS and ALS emergency medical services and transport throughout Skagit County to be
performed by Providers pursuant to Exhibit A, " Scope of Work" and as otherwise specified in this
Agreement.
2. TERM OF AGREEMENT: The term of this Agreement shall commence January 1,2025 and shall
continue until December 31,2030.
3. MANNER OF FINANCING: Providers shall be compensated as detailed in "Exhibit C,
Compensation".
4. DEFENSE& INDEMNITY AGREEMENT: To the extent of its comparative liability, each Party
agrees to indemnify,defend and hold the other party, its elected and appointed officials,
employees, agents and volunteers, harmless from and against any and all claims, damages,
losses and expenses, including but not limited to court costs, attorney's fees and alternative
dispute resolution costs, for any personal injury, for any bodily injury, sickness,disease or death
and for any damage to or destruction of any property(including the loss of use resulting
therefrom)which are alleged or proven to be caused by an act or omission, negligent or
otherwise,of its elected and appointed officials, employees, agents or volunteers.
In the event of any concurrent act or omission of the Parties, each Party shall pay its
proportionate share of any damages awarded.The Parties agree to maintain a consolidated
defense to claims made against them and reserve all indemnity claims against each other until
after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by
voluntary settlement and the Parties cannot agree upon the apportionment of damages and
defense costs,they shall submit apportionment to binding arbitration.
Parties to this Agreement are fully responsible for any liability related to subcontracting the work
in this Agreement.Any indemnification agreed to between a primary party to this Agreement and
their subcontractor does not supersede nor negate the indemnification in this Agreement.
The Parties agree all indemnity obligations shall survive the completion,expiration or termination
of this Agreement.
5. TERMINATION:This Agreement may be terminated prior to the expiration of the Agreement
Term for the following listed reasons. Termination of a Provider shall not invalidate this
Agreement in regard to the other non-terminating Providers.
5.1 Termination for Public Convenience: Any Party may terminate this Agreement for public
convenience by giving 18 months' notice in writing either personally delivered or mailed
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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postage-prepaid by certified mail, return receipt requested, to the party's last known address
for the purposes of giving notice under this paragraph.
5.2 Termination for Default: Subject to paragraphs 6, 7&8 of this Agreement, County may
terminate this Agreement if Provider fails to perform or adhere to the requirements detailed in
this Agreement. Providers may terminate this Agreement due to default of the County
5.3 Immediate Termination: The County may immediately terminate this Agreement in regard to
any Provider that is unable to perform the required services for any of the below listed
reasons. If the County elects to invoke immediate termination the Agreement shall be deemed
terminated upon notice of such to Provider.
5.3.1 Provider not having a valid Advanced Life Support level trauma-verified ambulance
service license issued by the Washington State Department of Health
5.3.2 Inability to bill Medicare
6. DILIGENT ENDEAVORS
The undersigned Parties hereby enter a mutual covenant, undertaking to conduct all interactions
with one another in a manner consistent with good faith principles. The Parties commit to
undertaking all reasonable efforts to expeditiously and amicably resolve any disputes that may
arise, with a view to fostering a mutually advantageous and enduring collaborative partnership.
7. EMS STANDARDS
It is further agreed by all Providers hereto that they shall abide by the appliable standards and
requirements of the Washington State Department of Health (hereinafter referred to as"DOH"),
as set forth in Chapter 246-976 WAC regarding Emergency Medical Services and Trauma Care
Systems, and all policies and protocols established by the DOH appointed EMS Physician
Medical Program Director(hereinafter referred to as"MPD") in accordance with Chapter 246-976-
920 WAC"Medical program director."
8. VENUE AND DISPUTE RESOLUTION:
This paragraph establishes the sole and exclusive remedy for disputes arising under this
Agreement,except as otherwise set forth in paragraphs 6&7. Both in the event of any dispute
arising under this Agreement and prior to any termination for cause, except immediate
termination as set forth in paragraph 5. 3,the Parties shall, as a material condition precedent to
any suit or termination for cause under this Agreement, provide formal written notice of the
dispute to the other party, and engage in formal mediation using a mutually agreed upon
mediator. If the Parties are unable to agree on a mediator within fifteen(15)days of written
notice, any party may bring suit in Snohomish County Superior Court for the sole purpose of
seeking appointment of a mediator. If the Parties are unable to resolve their differences within
thirty(30)days after mediation: (1)venue and jurisdiction for any action arising under this
Agreement shall lie in the Courts of Snohomish County, Washington, and (2)a termination for
cause may be imposed. In the event of any dispute arising under this Agreement,each Party
shall be responsible for its own attorney fees,costs, expert witness fees, and all other costs
related to the dispute.The Parties shall divide mediation costs evenly. This Agreement shall be
governed by the laws of the State of Washington.
9. SUBCONTRACTING:
Provider may subcontract all or a portion of the services. Provider must give County 60 days
advance written notice of its intent to subcontract which shall include the name (s)of such
subcontractor(s). Provider shall require that their subcontractors be bound by same terms and
conditions contained in this Agreement including insurance and indemnification requirements.
Provider subcontractors must be part of the County dispatch system have all required licenses
and training required under state and MPD protocols and must be under MPD authority. If
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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Provider subcontracts all or a portion of the services pursuant to this Agreement to a non-public
entity, Providers subcontractors must name the County as an additional insured on all required
polices (unless specifically waived in writing by Skagit County's Risk Manager)and must be
bound by the applicable Exhibit El Insurance (Public Agencies that are full members of a
governmental risk pool or Exhibit E2 Insurance (Nonpublic agencies or providers that are not full
members of a governmental risk pool).The mutual aid agreements and automatic aid
agreements between and among the Parties in effect prior to January 1,2025 are not subject to
this paragraph and shall not constitute default of this Agreement.
10. CONSENT TO ALLOW PROVIDERS TO OPERATE AMBULANCE SERVICES IN OTHER
PROVDERS BOUNDARIES: By signing this Agreement, Providers agree to allow the other
Providers (and their subcontractors)to operate ambulance services in their boundaries.
11. INSURANCE: Providers agree to be bound by the insurance requirements set forth in the
applicable Exhibit El Insurance(Public Agencies that are full members of a governmental risk
pool)or Exhibit E2 Insurance (Nonpublic agencies or providers that are not full members of a
governmental risk pool).
12. LOCAL EMS&TRAUMA CARE COUNCIL ADVISORY BOARD &NORTH REGION EMS&
TRAUMA CARE COUNCIL: Providers are encouraged, but not required,to participate in the
Skagit County EMS&Trauma Care Council Advisory Board and the North Region EMS&
Trauma Care Council, subject to the membership requirements of their respective bylaws.
13. INDEPENDENT CONTRACTOR: The Provider's services shall be furnished by the Provider as
an independent Provider and nothing herein contained shall be construed to create a relationship
of employer-employee or master-servant, but all payments made hereunder, and all services
performed shall be made and performed pursuant to this Agreement by the Provider as an
independent contractor.
14. NO GUARANTEE OF EMPLOYMENT: The performance of all or part of this contract by the
Provider shall not operate to vest any employment rights whatsoever and shall not be deemed to
guarantee any employment of the Provider or any employee of the Provider or any subcontractor
or any employee of any subcontractor by the County at the present time or in the future.
15. PROVIDER ACKNOWLEDGMENT: The Provider acknowledges that the entire compensation for
this Agreement is specified in Exhibit"C"and the Provider is not entitled to any county benefits
including, but not limited to:vacation pay, holiday pay,sick leave pay, medical, dental, or other
insurance benefits,or any other rights or privileges afforded to Skagit County employees.
16. RIGHT TO REVIEW: The County or its designee shall have the right to review and monitor the
financial and service components of this Agreement. Such review shall occur with three days'
notice; (absent cause)and may include, but is not limited to, onsite inspection by County agents
or employees during Provider's normal business hours, inspection of all records or other
materials which the County deems pertinent to the Agreement and its performance, and any and
all communications with or evaluation by service recipients under this Agreement. County will
conduct such review or execute necessary agreements as needed in order for such review to be
HIPAA-compliant. Provider shall preserve and maintain all financial records and records relating
to the performance of work under this Agreement pursuant to the Washington State record
retention schedule, and shall make them available for such review, within Skagit County, State of
Washington, upon request.
17. CHANGES, MODIFICATIONS,AMENDMENTS AND WAIVERS: The Agreement may be
changed, modified, amended or waived only by written agreement executed by the Parties.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of
any prior or subsequent breach.
18. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions
or applications of this Agreement which can be given effect without the invalid term, condition, or
application. To this end,the terms and conditions of this Agreement are declared severable.
19. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by
the Parties.All items incorporated herein by reference are attached. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to
bind any of the Parties hereto.
20. NO PARTNERSHIP OR JOINT VENTURE: No partnership and/or joint venture exists between
the Parties, and no partnership and/or joint venture is created by and between the Parties by
virtue of this Agreement. No agent, employee,contractor,subcontractor, consultant, volunteer,or
other representative of the Parties shall be deemed an agent, employee, contractor,
subcontractor, consultant, volunteer,or other representative of the other party.
21. NO THIRD-PARTY BENEFICIARIES: This Agreement is not intended to nor does it create any
third-party beneficiary or other rights in any third person or party, including, but not limited to,
property owners and/or residents located at or in the vicinity of the services provided,or any
agent, provider,subcontractor, consultant, volunteer,or other representative of either party.
Response times set forth in this Agreement or later agreed among the Parties are targets and do
not constitute an admission or representation that any response time constitutes an ordinary
standard of care for the community. Response times set forth in this Agreement or later agreed
shall not constitute nor is intended to create a special relationship or duty to any persons or class
of persons.
22. NEUTRAL AUTHORSHIP: Each of the terms of and provisions of this Agreement have been
reviewed and negotiated and represents the combined work product of the Parties hereto. No
presumption or other rules of construction which would interpret the provisions of the Agreement
in favor of or against the Party preparing the same shall be applicable in connection with the
construction of interpretation of any of the provisions of this Agreement. The Parties represent
that they have had a full and fair opportunity to seek legal advice with respect to the terms of this
Agreement and have either done so or have voluntarily chosen not to do so. The Parties
represent and warrant that they have fully read this Agreement,that they understand its meaning
and effect, and that they enter into this Agreement with full knowledge of its terms.The Parties
have entered into this Agreement without duress or undue influence.
23. SURVIVAL: The provisions of paragraphs 3,4, 13, 16, 20,and 21 shall survive, notwithstanding
the termination or invalidity of this Agreement for any reason.
24. COUNTERPARTS: This Agreement may be executed in counterparts by the Parties.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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DATED this day ofAja 2024.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Peter Bro ing, hair
Lisa Janicki,Com issioner
Attest: Ron Wesen,Commissioner
Clerk of the Board
For contracts under$5,000:
Authorization per Resolution R20030146
Recommender County Administrator
C
Depa ent Head
zyas:0 fo .�
Civil Deputy Prosecuting Attorney
Approved as to indemnification:
Risk Manager
Approved as to budget:
Budget&Finance Director
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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)cusp Envelope ID 271 1 0736-28 2D-46B9-A480-BEA3CAAB46BE
DATED this 7/29j2024
APPROVED:
CRY OF ANACORTES,WASHINGTON
Mayor
Approved as to form: Attest:
1/AL4f �Wl><ln/UM +AA tn. I/. hPlltPn_
City Attomey City Clerk
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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CONTRACTOR
(Aero-4kagit Emergency Services)
Board P resident D�ate .=
Print Name of Signatory
Mailing Address:
P.O.Box 705
Concrete WA 98237
Telephone No,Q60)853-8831
Fed.Tax ID#9 1-1 2002 6 7
Contractor Lic.#600 087 B33
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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DATED this kd'p __day of
APPROVED:
CITY OF MOUNT VERNON,WASHINGTON
`-,+
Mayor
Approved as to form: Attest:
-�
City Attorney City Clerk
EMS INTERLOCAL AGREEMENT-SKAGIT COUNTY 2025-2030
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Docusign Envelope ID ADSC1419-2FC8-494F-8D18-5B99F34DE078
DATED this 24 day of July , 2024.
APPROVED:
CITY OF SEDRO-WOOLLEY, WASHINGTON
DocuSigned by:
is yu"S&,
ayor
Approved as to form: Attest:
DocuSigned by:
DocuSigned by:
City Attorney i err
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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DATED this 0 day of
APPROVED
C p LI T SHIN13TON
t'
� r d
yor
Approved as to form: Attest:
O onzey _ piterk
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
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k
EXHIBIT A: SCOPE OF WORK
Providers shall provide trauma-verified ambulance services on a twenty-four(24)hours per day, (7)days
per week basis,with appropriate personnel, ambulances, and equipment in accordance with WAC
Chapter 246-976, North Region EMS&Trauma Care Patient Care Procedures, and other applicable
laws, regulations, ordinances, and established policies of the Skagit County Medical Program Director
when authorized by state law.
A. Definitions:
a. "ALS" is Advanced Life Support
b. "BLS" is Basic Life Support
c. "Call" is defined as a unique call ID assigned by Skagit 911. If the Provider
with more than one unit, it will be counted as only one call.
d. "CQIP"is Coordinated Quality Improvement Plan
e. "DOH" is Department of Health
f. "EMS"is Emergency Medical Services
g. "Enroute Time" is defined as the time the responding personnel are on board their
assigned apparatus and driving to the incident.
h. "Geographic Service Area"is defined as the Provider's combined primary and
secondary response areas as shown in Exhibit D.
i. "In-service unit"is defined as a unit that is appropriately staffed and
equipped and is available for immediate dispatch and response.
j. "Medical Program Director"or"MPD" is a physician recognized to be knowledgeable
in the county's administration and management of pre-hospital emergency
medical care and services and functions under RCW 18.73.212 and WAC 246-
976-920 as appointed by the Washington State Department of Health.
k. "Patient" is defined as a person who has been encountered by an EMS professional
and potentially requires a medical evaluation.This includes determination of
death, an auto accident, lift assist, ground level fall, etc.
I. "Recommended Unit Dispatch" is a module within the CAD system that prioritizes
which unit to dispatch to an incident based on established parameters including
but not limited to the real-time GPS location of the unit to the location of the call.
m. "Response Time" is defined as the time interval between the activation of
pagers/station alerting devices of the assigned unit to when the unit arrives at the
scene ("Tone Time"to"Arrived").
n. "Rural Response Areas" are defined as an unincorporated or incorporated area with a
total population of less than ten thousand (10,000)people,or with a population
density of less than one thousand (1,000)people per square mile.
o. "Suburban Response Areas" are defined as incorporated or unincorporated area
with a population of ten thousand (10,000)to twenty-nine thousand nine hundred
ninety-nine (29,999)or any area with a population density of between one
thousand and two thousand people per square mile.
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p. "Time on task"is defined as the time from when a unit is assigned to a call until that
unit is available for another response.
q. "Tone Time"is defined as the time of activation of pagers/station alerting devices of
the assigned unit.
r. "Travel Time" is defined as the time interval between when responding personnel are
on board their assigned apparatus and driving to the incident to when the unit
arrives at the scene ("Enroute"to"Arrived").
s. "Turnout Time" is defined as the time interval between the activation of pagers/station
alerting devices to when the responding personnel are on board their assigned
apparatus and driving to the incident("Tone Time"to"Enroute").
t. "Unavailable in the CAD system"is defined as when a Provider's unit is not available
to be assigned to an incident.
u."Urban Response Areas"are defined as (a) an incorporated area over thirty thousand
(30,000)population or(b)an incorporated or unincorporated area of at least ten
thousand (10,000) population and a population density over two thousand
(2,000)people per square mile.
v. "WEMSIS" is Washington EMS Information System, a state EMS data repository
managed by the Department of Health.
w. "Wilderness Response Areas"are defined as any rural area not readily accessible
by public or private maintained road.
B. Response Performance:
1. Unless all of Provider's units are unavailable in the CAD system or already assigned to a call,
Providers shall respond to ALS and BLS calls they are dispatched to in accordance with
mutually agreed upon recommended unit dispatch plans.
2. Parties recognize that variation in response times for each Provider are likely to occur due to
variation in call volume and geography. Providers will strive to meet or exceed the
following minimum agency response times for all EMS and trauma responses within their
geographic services area as shown in Exhibit D:
a. To urban response areas: Ten (10) minutes or less, eighty(80)percent of the time;
b. To suburban response areas: Twenty(20)minutes or less, eighty(80)percent of the
time;
c. To rural response areas: Forty-five (45)minutes or less, eighty(80)percent of the
time;
d. To wilderness response areas: As soon as possible.
C.Operations
1. Provider agrees that they are responsible to meet all local, state, and federal requirements for
records retention and that the County possessing copies of any records does not release
the Provider from that responsibility.
2. Provider, on reasonable request,will make available to County, proof that the Provider is in
compliance with any or all local, state,or federal rules and regulations or laws pertaining
to operation of their agency, as it pertains to this contract.
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3. Provider shall notify the County's EMS Director in writing within 3 business days when a
certified individual affiliated with their agency is disciplined for circumstances that would
constitute unprofessional conduct under RCW 18.130.180 of the Uniform Disciplinary Act.
D. Patient Care Documentation
1. Providers agree to utilize a WEMSIS-compliant electronic patient care reporting system
and to follow MPD-approved patient care protocols and guidelines related to patient care
documentation.
2. Parties agree to work together toward continuous improvement of EMS data quality and
overall optimization of the designated EMS patient care data collection system.
E.Coordinated Quality Improvement Plan(CQIP)
1. Providers will participate in the periodic review and update of an MPD Coordinated Quality
Improvement Plan (CQIP)as approved by DOH.
2. Parties will work cooperatively and participate in the continuous quality improvement of
emergency medical services within Skagit County.
3. Providers will strive to meet or exceed clinical performance measures and key performance
indicators as outlined in the MPD CQIP.
4. County reserves the right at the MPDs discretion to require additional provider quality
assurance checks. When this is required, Providers will be given a minimum of 30 days
notice and training on what the additional assurance checks are and how to perform
them.
F. Medical Director
1. County will contract with one or more qualified physicians appointed by the DOH to serve as
the EMS physician Medical Program Director(MPD)/Physician MPD Delegate (MPDD).
2. Providers may participate in the review and periodic revision of the MPD and MPDD contract
Scope of Work and to provide feedback related to EMS system clinical oversight and
MPD/MPDD performance.
3. If the majority of Providers do not feel the MPD/MPDD is meeting the collective needs of the
Providers, an adjustment to the MPD/MPDD contract, not to exclude compensation will
be made.
G. Medical Protocols
1. Providers will participate in the review and periodic update of EMS Protocols, Patient Care
Guidelines and Procedures in coordination with the MPD or his/her designee.
2. All Providers EMS-credentialed field personnel will provide medical care in accordance with the
EMS Protocols, Patient Care Guidelines and Procedures established by the MPD and
approved by the DOH.
3. County will provide training materials related to approved medical protocols to each Provider.
4. Any protocol change will have a minimum of sixty(60)days' notice to Providers.
a. Parties recognize that extenuating circumstances may occur where the expedient
implementation of protocol changes is required. In such cases, as much notice as
reasonably possible will be given to Providers.
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b. In all cases of protocol change, County will provide appropriate training on the
protocol change(s).
H. EMS Continuing Education&Training
1. County will develop and maintain an MPD and DOH approved Ongoing Training and
Evaluation Program(OTEP)for EMS continuing education for the EMR, EMT,and Paramedic
certification levels.
2. WAC 246-976-161 allows for credentialed EMS personnel to complete one of two methods of
continuing education for the purposes of recertification of their EMS credential. Provider will
require affiliated EMS-credentialed field personnel to either(a)participate in the approved
Skagit County EMS OTEP and required skills maintenance or(b)to complete the Continuing
Medical Education (CME) method and required skills maintenance for each certification
period.
3. County will provide, at its sole expense by use of EMS levy funds, access to a county-wide
online learning management(LMS)system for the delivery of MPD-approved EMS continuing
education and training material for all Provider affiliated EMS-credentialed field personnel.
a. Providers will notify County of any changes in Provider affiliated EMS-credentialed
field personnel for the purpose of maintaining access to the county-wide LMS.
I. Credentials/Licensing
1.At all times, Provider personnel performing medical services under this Agreement shall be
certified to practice in the State of Washington and Skagit County when required or
allowed by law.
J. Equipment and Supplies
1. Provider is responsible to purchase and maintain all equipment, vehicles, supplies, and
software needed to provide services to fulfill the contract.
2. From time to time the Medical Program Director may require through patient care protocols the
implementation of new supplies and/or equipment above and beyond the minimum DOH
requirements specified in WAC 246-976-300. In these instances, the initial purchase to
outfit Provider(s)will be funded either directly by County for distribution to Provider(s)
(includes the use of grant funding secured by County on behalf of Provider(s)such as
North Region EMS&Trauma Care Council),or funded by the Provider(s)with
reimbursement provided by County upon receipt of documentation of actual expenses
paid by Provider(s).
K. Federal Funding and HIPAA
1. Provider is responsible for complying with all current rules and regulations associated with
providing services for recipients of and being reimbursed by Medicare, Medicaid and
other state and federally funded programs, and any amendment thereto.
2. Parties will comply with all applicable rules and regulations. Parties agree to adhere to any
specific HIPAA protocols, including any required training related to transmitting, storing,
and using HIPAA information pursuant to this Agreement.
3.Any suspected or actual violations of HIPAA rules and regulations, including a breach of PHI
confidentiality, shall be reported within three business days to the other party's
designated official, along with their actions to mitigate the effect of such violations.
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L. Billing
1. Providers agree to bill for ambulance transport in accordance with the Ambulance Transport
Fee Schedule established by Skagit County adopted Resolution#R20220001 or as
subsequently amended by the Board of Skagit County Commissioners.
2. Providers agree to expend reasonable efforts to maximize allowable reimbursement for
ambulance transport to offset their EMS expenses.
3. Providers will make available to County their ambulance transport reimbursement
(billing and revenue collection)data upon reasonable request, for the purpose of County
periodic review and, if necessary, modification of the Ambulance Transport Fee
Schedule.To the extent applicable, rates and charges shall be set in compliance with
RCW 35.21.766(3).
M. Emergency Communication Center User Fees
1. County will pay directly to Skagit 911 a portion of Provider communications user fees based on
Exhibit B FORMULA FOR ALLOCATION OF SKAGIT 911 FINANCIAL
RESPONSIBILITY or as subsequently amended.
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EXHIBIT B:
FORMULA FOR ALLOCATION OF SKAGIT 911 FINANCIAL RESPONSIBILITY
FORMULA FOR ALLOCATION OF SKAGIT 911 FINANCIAL RESPONSIBILITY
Financial allocation of the SKAGIT 911 Annual Operating Budget shall be determined as
set forth below:
1. A draft/preliminary Annual Operating Budget shall be calculated no later than
August each year for presentation and recommendation in September to the
SKAGIT 911 Board.
2, External revenues will be estimated and will include sales tax,phone tax and Stale
E911 funding.
3. The SKAGIT 911 Board will approve a pre-determined percentage of the External
revenues to be set aside and reserved for investment in the Operational Reserve,
Equipment Reserve&Replacement and Capital Outlay funds.
4. All costs will be allocated via costing modules for Administrative, Law and
Fire/EMS costs.
a. The administrative costing module will consist of all overhead, facility
maintenance costs, administrative and supervisory staff, technological
needs and maintenance.
b, The Law costing module will consist of the wages and salaries of all Law
Dispatchers and support services.
c- The Fire/EMS costing module will consist of the wages and salaries of all
Fire Dispatchers and support services.
5. Once all costs have been allocated to the oust centers, the remaining External
revenues will be applied to the budget. The remaining costs will be allocated to
the Law and Fire/EMS Agencies using the below allocations:
a. Law Agency costs will be prorated at 50%previous full year call volume and
50%previous year commissioned officers, with each agency prorated the
appropriate percentage of the costing module and the Administrative costs,
based on a percentage of resources used
b. Fire/EMS Agency costs will be prorated at 50% previous full year call
volume and 50%previous year assessed value,with each agency allocated
the appropriate percentage of the costing module and the Administrative
costs,based on a percentage of resources used,
c. A pre-determined percentage of the Fire Agency calls will be paid directly
to Skagit 911 by the EMS office,with the balance being billed to each Fire
agency.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 17 of 26
EXHIBIT C:
COMPENSATION FOR 2025-2030 EMS LEVY CYCLE
1. Skagit County has forecast a total of$72,495,015 will be available, assuming the
Board of County Commissioners approves a 1% property tax increase annually for the
provision of services detailed in this Agreement. Skagit County shall pay Providers the
following amounts which shall be inclusive of all supplies, equipment, labor, and any
additional costs and expenditures for the provision of services pursuant to this
Agreement:
A. Aero Skagit—Annual amount, to be billed in equal monthly installments, at
the end of each month, as follows:
2025 $1,412,671
2026 $1,469,178
2027 $1,527,945
2028 $1,589,063
2029 $1,652,625
2030 $1,718,730
B. City of Anacortes—Annual amount, to be billed in equal monthly
installments, at the end of each month, as follows:
2025 $2146,396
2026 $2,232,252
2027 $2,321,542
2028 $2,414,404
2029 $2,510,980
2030 $2,611,419
C. City of Burlington —Annual amount, to be billed in equal monthly
installments, at the end of each month, as follows:
2025 $1,834,221
2026 $1,907,590
2027 $1,983,894
2028 $2,063,250
2029 $2,145,780
2030 1 $2,231,611
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 18 of 26
D. City of Mount Vernon—Annual amount,to be billed in equal monthly
installments, at the end of each month, as follows:
2025 $3,612,531
2026 $3,757,032
2027 $3,907,314
2028 $4,063,606
2029 $4,226,150
2030 $4,395,196
E. City of Sedro-Woolley—Annual amount, to be billed in equal monthly
installments, at the end of each month, as follows:
2025 $1,625,794
2026 $1,690,826
2027 $1,758,459
2028 $1,828,797
2029 $1,901,949
2030 $1,978,027
2. If at any time during the term of this Agreement,there is a reduction in assessed value such that an
increase of 1%of the levy above the previous year is not possible, Parties agree to a proportionate
reduction of funding in the payment amounts listed above.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 19 of 26
EXHIBIT D:
SKAGIT COUNTY EMS PROVIDER GEOGRAPHIC SERVICE AREAS
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EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 20 of 26
EXHIBIT E1:
INSURANCE
(Public Agencies who are full members of a government risk pool)
1. Agreement to provide coverage per specifications:
Prior to beginning of and throughout the duration of the Work, Providers agree to maintain full
membership in a governmental risk pool in order to be compliant with the provisions of this
attachment. Full membership in a government risk pool in Washington State is sufficient coverage
to meet the insurance requirements of this agreement notwithstanding any other provision of this
Agreement. Provided that the insurance coverage of the Pool does not exclude the providing of
medical services unless such exclusion provides an exemption for emergency medical services.
2. Evidence of insurance:
Provider agrees to provide evidence of their membership in a governmental risk pool.
3. Priority of interpretation:
The requirements of this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
4. Notice of cancellation/change:
Provider agrees to provide notice to County 30 days prior to cancellation of membership in a
governmental risk pool or of any material alteration to their insurance coverages.
5. Primary and non-contributing:
Per the provisions of the indemnification language of this agreement Provider's insurance
coverage shall be primary for claims filed against the provider only. In such cases, any
insurance or coverage available to the County, its officers, officials, employees or volunteers
shall be excess of Provider's insurance and shall not contribute to it.
6. Insurance"flowdown":
Provider agrees to require all subcontractors or other parties hired for this project,who are
not public agencies who are full members of a governmental risk pool, to provide the
insurance as outlined in Exhibit E2, unless otherwise agreed to in writing by the County.The
subcontractor's general liability insurance shall all as additional insureds all parties to this
Agreement using Insurance Services Office form CG 20 10 with an edition date prior to 2004.
Provider agrees to obtain certificates evidencing such coverage as required in Exhibit E2.
7. Party's rights to revise requirements:
Should any party to this agreement believe that a change in types or levels of insurance
coverages may be necessary the parties agree to meet and discuss the proposed changes
and discuss appropriate increased compensation to offset increased Provider cost.
8. County's rights of enforcement:
In the event any party to this agreement who is a full member of a governmental risk pool
ceases to be a member during the duration of this agreement they shall immediately be held
to the provisions in Exhibit E2.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 21 of 26
9. Enforcement of contract provisions (non-estoppel):
Provider acknowledges and agrees that any actual or alleged failure on the part of the County
to inform Provider of non-compliance with any requirement imposes no additional obligations
on the County nor does it waive any rights hereunder.
10. Risk pool membership is a Condition of Payment:
Payments due to Provider under this Agreement are expressly conditioned upon the
Provider's full membership in a governmental risk pool. Payment to the Provider shall be
suspended in the event of a loss of membership, unless the Provider is compliant with Exhibit
E2. Upon receipt of evidence of full compliance with Exhibit E2, payments not otherwise
subject to withholding or set-off will be released to Provider.
11. Claim notice requirement:
Provider agrees to provide notice to County of any claim or loss against the Provider arising
out of the work performed under this agreement, no more than 30 days from the time that the
Provider becomes aware that claimed damages may exceed their insurance coverage limits,
only for those claims in which they are solely named. County assumes no obligation or
liability by such notice.
12. Additional insurance:
Provider shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgement may be necessary for its proper protection and
prosecution of the Work.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 22 of 26
EXHIBIT E2:
INSURANCE
(Non-Public Agencies or Providers who are full members of a government risk pool)
This Exhibit, "E2: Insurance"sets forth the insurance requirements for Providers and subcontractors that
are non-public agencies that do not participate as full members of a governmental risk pool.
1. Agreement to provide coverage per specifications:
Prior to the beginning of and throughout the duration of the Work, Providers agree to provide and
maintain insurance in accordance with requirements set forth here. Providers acknowledge that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds in excess of the limits and coverage required in this
Agreement and which is applicable to a given loss,will be available to the County.
2. Additional insured requirements:
Provider agrees to obtain endorsements for third parry general liability coverage required here to
include as Certificate Holder and additional insureds"Skagit County, its officials, employees and
agents." Provider also agrees to require this same provision of all providers, subcontractors, agents of
other Parties engaged by or on behalf of Provider in relation to this Agreement.This provision shall
also apply to any excess liability policies. Public Agencies are not required to name the County as an
additional insured on required policies. All non-public agency subcontractors must comply with the
additional insured requirements.
3. Evidence of insurance:
Provider agrees to provide evidence of the insurance required herein, satisfactory to County,
consisting of:
a)certificate(s)of insurance evidencing all of the coverages required and,
b)an additional insured endorsement to Providers general liability policy using Insurance
Services Office (ISO)form CG 20 10 with an edition date prior to 2004.
If the Provider's insurer provides additional insured coverage through either the ISO"Automatic
Additional Insured"endorsement or through direct incorporation in policy language, Provider must
provide a copy of the automatic endorsement or a copy of the section of the policy granting such
status.
Provider agrees, upon request by County,to provide complete, certified copies of any policies
and/or endorsements required within 10 days of such request. Any actual or alleged failure on the
part of County or any other additional insured under these requirements to obtain proof of
insurance required under this Agreement in no way waives any right or remedy of County or any
additional insured, in this or in any other regard.
4. Prohibition of undisclosed coverage limitations:
None of the policies required herein shall be in compliance with these requirements if they include
any limiting endorsement that has not been first submitted to County and approved of in writing.
6. Priority of interpretation:
The requirements of this Section supersede all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 23 of 26
6. Acceptable insurers:
All insurance policies shall be issued by an insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of Washington, with an assigned
policyholders'rating of A-(or higher)and Financial Size Category Class VII (or larger)in accordance
with the latest edition of Best's Key Rating Guide, unless otherwise approved by the County's Risk
Manager.
7. Notice of cancellation/change:
Provider agrees to require insurers to provide notice to County 30 days prior to cancellation of any
coverage required herein or of any material alteration or non-renewal of any such coverage, other
than for non-payment of premium. Provider shall assure that this provision also applies to any
subcontractors,joint ventures or any other party engaged by or on behalf of Provider in relation to this
Agreement. Certificate(s) are to reflect that the issuer will provide 30 days'notice to County of any
cancellation of coverage.
8. Primary and non-contributing:
Provider's insurance coverage shall be primary.Any insurance or coverage available to the County,
its officers, officials, employees or volunteers shall be in excess of Provider's insurance and shall not
contribute to it.
9. Prohibition against self-insurance:
Self-insurance will not be considered to comply with these insurance specifications, unless otherwise
agreed to in writing by the County.Any"self-insured retention"must also be declared and approved
by the County. County reserves the right to require the self-insured retention to be eliminated or
replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are
not acceptable. If Provider has such a program, Provider must fully disclose such program to the
County.
10. No change in scope or limits:
All coverage types and limits required are subject to approval, modification, and additional
requirements by the County, as the need arises. Provider shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period)that may affect
County's protection without County's prior written consent.
11. Provider's waiver of subrogation:
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to
waive subrogation against County, its elected or appointed officers, agents, officials,employees and
volunteers or shall specifically allow Provider or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Provider hereby waives its
own right of recovery against the County and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
12. Insurance"flowdown":
Provider agrees to require all subcontractors or other Parties hired for this project to provide the same
insurance as required of Provider unless otherwise agreed to in writing by the County. The
subcontractor's general liability insurance shall add as additional insureds all Parties to this
Agreement using Insurance Services Office form CG 20 10 with an edition date prior to 2004.
Provider agrees to obtain certificates evidencing such coverage as required here.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 24 of 26
13. County's right to revise requirements:
The County reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving Provider ninety(90)days advance written notice of such
change. If such change results in substantial financial impact to provider,the Parties agree to meet
and discuss appropriate increased compensation to offset increased Provider cost.
14. County's rights of enforcement:
In the event any policy of insurance required under this Agreement does not comply with the
specifications in this Exhibit or is canceled and not replaced, the County has the right but no the duty
to exercise one of the following options: 1)obtain the insurance it deems necessary and any premium
paid by the County will be promptly reimbursed by Provider or County will withhold amounts sufficient
to pay premium from Provider payments, 2)the County may cancel this Agreement. If County
exercises option 1 above, upon receipt of evidence of full compliance, payments not otherwise
subject to withholding or set-off with be released to the Provider.
15. Enforcement of contract provisions (non-estoppel):
Provider acknowledges and agrees that any actual or alleged failure on the part of the County to
inform Provider of non-compliance with any requirement imposes no additional obligations on the
County nor does it waive any rights hereunder.
16. Insurance is a Condition of Payment:
Payments due to Provider under this Agreement are expressly conditioned upon the Provider's strict
compliance with all insurance requirements under this Agreement. Payment to the Provider shall be
suspended in the event of non-compliance, unless other resolution is agreed to by the County. Upon
receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to Provider.
17. Non-limitation of contract language:
Requirements of specific coverage features are not intended as limitation on other requirements or as
a waiver of any coverage normally provided by any given policy. Specific reference to a coverage
feature is for purposes of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all-inclusive.
18. Annual renewal requirement:
Provider will renew the coverage required here annually as long as Provider continues to provide any
services under this or any other contract or agreement with the County. Provider shall provide proof
that policies of insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from
Provider's insurance agency to this effect is acceptable. A certificate of insurance and/or additional
insured endorsement as required in these specifications applicable to the renewing or new coverage
must be provided to County no less than five days prior to the expiration of the coverages. Failure to
provide such evidence may result in a stop of payment to the Provider, or other resolution agreed to
by the County.
19. Claim notice requirement:
Provider agrees to provide immediate notice to County of any claim or loss against Provider in excess
of$20,000 arising out of the work performed under this Agreement. County assumes no obligation or
liability by such notice but has the right(but not the duty)to monitor the handling of any such claim or
claims if they are likely to involve County.
20. Additional insurance:
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 25 of 26
Provider shall also procure and maintain, at is own cost and expense, any additional kinds of
insurance,which in its own judgement may be necessary for its proper protection and prosecution of
the Work.
Provider shall provide the following types and amounts of insurance:
® Commercial General Liability Insurance using ISO"Commercial General Liability"policy form CG 00
01,with an edition date prior to 2004, or the exact equivalent. Coverage for additional insured may no be
limited to is vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than
$10,000,000 per occurrence and$10,000,000 annual aggregate for all covered loses.
® Worker's Compensation Insurance on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.
Enrollment in the state worker's comp program provides this coverage.
Z Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-
owned,and hired autos,or the exact equivalent. Limits shall be no less than $5,000,000 per accident and
combined single limit. If Provider or Provider's employees will use personal autos in any way on this
project, Provider shall obtain evidence of personal auto liability coverage for each person.
If Excess or Umbrella Liability Insurance is used to meet limit requirements over the primary insurance as
per this contract, such insurance shall provide coverage at least as broad as specified for the underlying
coverages. Such policy or policies shall include as insured those covered by the underlying policies,
including additional insureds. Coverage shall be"pay on behalf', with defense costs payable in addition to
policy limits.There shall be no cross-liability exclusion precluding coverage for claims or suits by one
insured against another.Coverage shall be applicable to County for injury to employees of Provider,
subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of
County following receipt of proof of insurance as required herein.
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS:
In addition to the insurance requirements outlined in Exhibit E, Provider shall maintain professional
liability insurance that covers the Emergency Medical Services performed in connection with this
Agreement, in the minimum amount of$10,000,000 per claim and$10,000,000 in the aggregate.
Any policy inception date, continuity date, or retroactive date for professional liability coverage must be
before the effective date of this Agreement and Provider agrees to maintain continuous coverage through
a period no less than three years after completion of the services required by this Agreement.
If Excess or Umbrella Liability Insurance is used to meet limit requirements over the primary insurance,
such insurance shall provide coverage at least as broad as specified for the underlying coverages. Such
policy or policies shall include as insured those covered by the underlying policies, including additional
insureds. Coverage shall be"pay on behalf', with defense costs payable in addition to policy limits. There
shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against
another. The scope of coverage provided is subject to approval of County following receipt of proof of
insurance as required herein.
If the Provider's General Liability policy includes coverage for professional liability,then the General
Liability policy shall meet the above professional liability requirements. In such a case, the per occurrence
and per claims limits must meet the minimum set forth above for each coverage type and the annual
program aggregate limit must be at a minimum of$20,000,000. The County's Risk Management
Department will need to review the full policy document prior to final approval.
EMS INTERLOCAL AGREEMENT—SKAGIT COUNTY 2025-2030
Page 26 of 26
pal
CITIES INSURANCE ASSOCIATION
J
OF WASHINGTON
11- RENEWAL SUMMARY
Cities Insurance Association of Washington
The terms, conditions, and exclusions shown here are brief overviews of the anticipated limits and
coverages included in, but not limited to, the coverages provided by the Cities Insurance Association
of Washington. The terms and conditions offered may differ from your prior policy and from what you
requested in your submission. This document is not intended to be used as a direct reflection of all
coverages or to replace or alter the Memorandum of Coverage (MOC) in any way. Information
represented in this Renewal Summary is subject to change prior to December 1. Information
represented in this Renewal Summary is subject to the exclusions, terms, limitations, and conditions
of the Memorandum of Coverage. All specific coverage, exclusion, and limitation questions should
be referred directly to the Memorandum of Coverage and all attached endorsements. In the event of
differences, the Memorandum of Coverage will prevail. Participating companies are non-admitted,
unless otherwise stated. Non-admitted companies are not regulated by the Washington State
Insurance Commissioner and are not protected by the Washington State Guaranty Fund. All surplus
lines filings on any excess and surplus lines policies, if applicable, will be filed on behalf of CIA by
Apex Insurance Agency, Inc. or Peachtree Special Risk Brokers, LLC. The Memorandum of
Coverage is subject to audit. Defense costs are outside the limits, unless excess limits are
purchased. Defense costs are inside the limits for members with excess liability limits scheduled on
file with the company. For claims made coverages, a copy of the Extended Reporting Period MOC
language is available upon request.
Please note the limits shown here represent the combined full limits provided by multiple
policies from various carriers. It is the responsibility of the broker to review this document to
confirm its accuracy. All carriers listed herein are those anticipated to participate in the designated
portions of the MOC. All carriers are subject to change prior to December 1, 2023.
Notice of Cancellation for Non-Pavment
We may cancel coverage within 60 days in the event of non-payment of premium. Notice of
cancellation will be mailed to the Covered Member's last known address and will indicate the date
on which coverage is terminated. If applicable, a copy will be mailed to the broker of record on file.
Covered Member:
Aero-Skagit Emergency Services
PO Box 705
Concrete, WA 98237
Broker:
HUB International NW Bellingham
Coverage Period: 12/01/2023 to 12/01/2024
Member Since: 11/28/1996
Authorized Signature:
Administered by Clear Risk Solutions
CIAW Renewal Summary 2023-2024 Page 1
Coverage#: CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
RENEWAL SUMMARY
PROPERTY COVERAGE PART
Item 1. CIAW Program Retention:
Real and Personal Property Each Occurrence$750,000
Item 2. Limit of Coverage:
Real and Personal Property Each Occurrence and Group Aggregate$100,000,000
(excluding Earthquake and Flood)
Item 3. Sublimits of Coverage:
The Sublimits of Coverage shown below do not increase the overall Limits listed above.
1 a. EXCLUDED Sublimit for Earthquake per Occurrence and in the annual aggregate.
1 b. $15,000,000 Annual Group Aggregate for Earthquake.
2a. EXCLUDED Sublimit for Flood per Occurrence and in the Annual Aggregate except that covered Property
located at the time of loss in any flood zone identified by FEMA as Zones A,AO, AH,Al through 30,AE,A99,
AR,AR/Al through 30,AR/AE,AR/AO,AR/AH,AR/A,VO,V1 through 30, VE,and V;or a similar high risk
FEMA rating are subject to the following Flood sublimits:
$ 1,000,000 per Occurrence and Annual Aggregate, and
$15,000,000 Annual Group Aggregate.
2b. $15,000,000 Annual Group Aggregate for Flood.
3. $1,000,000 Sublimit for combined Transit and off Premises Extension per Occurrence.
4. $2,500,000 Sublimit for combined Business Interruption and Extra Expense per Occurrence.
5. $1,000,000 Sublimit for Accounts Receivable per Occurrence.
6. $2,500,000 Sublimit for Rental Income per Occurrence.
7. $1,000,000 Sublimit for Valuable Papers per Occurrence.
8. $1,000,000 Sublimit for Additionally Acquired Property per Occurrence.
9. $250,000 Sublimit for Newly Built or Constructed Property per Occurrence.
10. $2,500,000 Sublimit for Electronic Data Processing per Occurrence.
11. $25,000 Sublimit for Re-keying Expense per Occurrence and annual aggregate.
12. $1,000,000 Sublimit for Fine Arts per Occurrence.
13. Lesser of 25%of the amount paid for direct physical loss or$1,000,000 sublimit for Debris Removal Expense
Extension per Occurrence.
14. Ordinance or Law Coverage A:The building value of the undamaged portion of the building as reported in the
Property Schedule on file with the Company per Occurrence.
15. Ordinance or Law Coverage B: Demolition Cost is 25%of the building value as reported in the Property
Schedule on file with the Company per Occurrence.
16. Ordinance or Law Coverage C: Increased cost of construction is 25% of the building value as reported in the
Property Schedule on file with the Company,subject to a combined single limit of$10,000,000 for coverages B
and C combined, per Occurrence
17. $50,000 Sublimit aggregate Temporary Safeguard of Property Extension per Occurrence.
18a. $100,000 Sublimit for Mold or Other Fungi as a result of covered losses.
18b. $300,000 Annual Group Aggregate for Mold or Other Fungi as a result of covered losses.
19. $100,000 Sublimit for walkways, roadways, courts,and other similar paved or artificial surfaces per
Occurrence.
20. Margin Clause: 115%of the total combined stated values for Real and Personal Property shown for that
location on file with the Company per Occurrence
CIAW Renewal Summary 2023-2024 Page 2
Item 4. Deductible:
The CIAW Program Retention listed above is in addition to the deductibles listed below.
Real and Personal Property
(except Earthquake, Flood, and Auto Physical Damage for Scheduled Automobiles)
Property: Per Schedule on file with Company
Miscellaneous Equipment: $250
Automobile Physical Damage Per Schedule on file with Company
for Scheduled Automobiles
Rental Vehicles Physical Damage Each Occurrence:
•$250 Fire Districts/Special Districts
•$1,000 Cities
Earthquake: EXCLUDED
Flood: EXCLUDED
Item 5. Participating Carriers:
Limits excess of$10,000,000 are per Occurrence for the group combined.
Pennsylvania Manufacturers'Association (A+XV)Admitted $10,000,000 Per Occurrence,subject to
Insurance Company(Old Republic) sublimits listed on Declarations Page
Swiss Re Corporate Solutions Elite (A+XV)Admitted Part of$15,000,000 Per Occurrence excess
Insurance Corporation of$10,000,000
Certain Underwriters at Lloyd's, (London (A XV)Non-Admitted Part of$15,000,000 Per Occurrence excess
Syndicate HCC, RSA, Hardy) of$10,000,000
Aspen Specialty Insurance Company (A XV)Non-Admitted Part of$25,000,000 Per Occurrence excess
of$25,000,000
Evanston Insurance Company (A XV)Non-Admitted Part of$25,000,000 Per Occurrence excess
of$25,000,000
StarStone Specialty Insurance Company (A-XII)Non-Admitted Part of$25,000,000 Per Occurrence excess
of$25,000,000
Certain Underwriters at Lloyd's, (London (A XV)Non-Admitted Part of$25,000,000 Per Occurrence excess
Syndicate AXIS,QBE) of$25,000,000
RSUI Indemnity Company (A+XIV)Admitted Part of$25,000,000 Per Occurrence excess
of$25,000,000
Arch Specialty Insurance Company (A+XV)Non-Admitted Part of$25,000,000 Per Occurrence excess
of$25,000,000
Great American Fidelity Insurance Company (A+XV)Non-Admitted $50,000,000 Per Occurrence excess of
$50,000,000
CIAW Renewal Summary 2023-2024 Page 3
Coverage#:CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
RENEWAL SUMMARY
LIABILITY COVERAGE PART
Item 1. CIAW Program Retention:
General Liability Each Occurrence $750,000
Wrongful Act Liability Per Claim $750,000
Automobile Liability Each Accident $750,000
Item 2. Deductible:
The CIAW Program Retention listed above is in addition to the deductibles listed below.
a. General Liability Coverage Part Each Occurrence $0
b. Wrongful Act Liability Coverage Part Each Wrongful Act $250
C. Miscellaneous Professional Liability Each Wrongful Act $250
d. Automobile Liability Coverage Part Each Accident See schedule
e. Uninsured/Underinsured Motorist Coverage
Property Damage Each Accident $100/$300
Bodily Injury Each Accident $0
f. Employee Benefits Liability Coverage Part Each Employee
Benefits Incident $0
g. Stop Gap Employer's Liability Each Accident $0
h. Sexual Abuse Liability Each Sexual Abuse $0
i. Law Enforcement Liability Each Occurrence EXCLUDED
Each Accident EXCLUDED
Item 3. Limit of Coverage:
The Sublimits of Coverage shown below do not increase the overall Limits listed for Liability Coverages.Aggregate
limits are subject to shared excess limits,which may be reduced by prior claims.
a. General Liability Limit Each Occurrence $10,000,000
Annual Aggregate $20,000,000
Group Aggregate $50,000,000
Sublimits:
Products and Completed Liability Sublimit Each Occurrence $10,000,000
Annual Aggregate $20,000,000
Leased/Rented Premises Liability Sublimit Each Occurrence
and Annual Aggregate $1,000,000
Garage Liability Sublimit Each Occurrence
and Annual Aggregate $10,000,000
Sewer Back-up Sublimit Each Occurrence
and Annual Aggregate $2,000,000
Failure to Supply Sublimit Each Occurrence
and Annual Aggregate $2,000,000
Unmanned Aircraft Liability Sublimit* Each Occurrence
and Annual Aggregate $10,000,000
*Unmanned Aircraft—under 30 lbs.total weight and FAA Compliant
Stop Gap Employer's Liability Sublimit Each Accident $10,000,000
Annual Aggregate $20,000,000
Employee Benefit Liability Sublimit Each Employee
Benefits Incident $10,000,000
Annual Aggregate $20,000,000
Sexual Abuse Liability Sublimit Each Sexual Abuse $10,000,000
Annual Aggregate $10,000,000
Group Aggregate $30,000,000
CIAW Renewal Summary 2023-2024 Page 4
Coverage#:CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
Law Enforcement Liability Sublimit Each Occurrence EXCLUDED
Each Accident EXCLUDED
Annual Aggregate EXCLUDED
Traumatic Event Response Coverage:
Crisis Expense Sublimit Each Traumatic Event $100,000
Crisis Property Improvements Sublimit Each Traumatic Event Included
Group Aggregate $300,000
b. Wrongful Act Liability Limit Each Wrongful Act $10,000,000
Annual Aggregate $10,000,000
Group Aggregate $50,000,000
Sublimits:
Miscellaneous Professional Liability Sublimit Each Wrongful Act $10,000,000
C. Automobile Liability Limit Each Accident $10,000,000
Sublimits:
Limited Garagekeepers Sublimit Each Accident $1,000,000
Uninsured/Underinsured Motorist Sublimit Each Accident $1,000,000
d. Defense Costs(all liabilities) Each Occurrence/
Each Wrongful Act $2,000,000
Item 4. Retroactive Date:
Wrongful Act Liability—Primary $10,000,000 09/01/1991
Miscellaneous Professional Liability—Primary $10,000,000 09/01/1991
Employee Benefit Liability—Primary $10,000,000 09/01/1991
Item 5. Participating Carriers:
Automobile Liability:
Pennsylvania Manufacturers'Association Insurance Company(Old Republic) (A+XV)Admitted
Wrongful Act Liability:
Pennsylvania Manufacturers'Association Insurance Company(Old Republic)(A+XV)Admitted
General Liability:
Pennsylvania Manufacturers'Association Insurance Company(Old Republic)(A+XV)Admitted
CIAW Renewal Summary 2023-2024 Page 5
Coverage#:CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
RENEWAL SUMMARY
CRIME COVERAGE PART
Item 1. CIAW Program Retention:
Crime Coverage Part Each Occurrence $25,000
Item 2. Deductible:
The CIAW Program Retention listed above is in addition to the deductibles listed below.
Employee Theft Each Occurrence $250
Forgery or Alteration Each Occurrence $1,000
Money and Securities
Inside/Outside Each Occurrence $1,000
Computer Fraud Each Occurrence $1,000
Funds Transfer Fraud Each Occurrence EXCLUDED
Money Orders Counterfeit Paper Currency Each Occurrence EXCLUDED
Item 3. Limit of Coverage:
Crime Coverage Part Each Occurrence $1,000,000
and Annual Aggregate
The Sublimits of Coverage shown below do not increase the overall Limits listed above.
Coverage Agreements Sublimits of Coverage
Employee Theft-Per Loss Coverage $1,000,000
Employee Theft-Per Employee Coverage EXCLUDED
Forgery or Alteration $1,000,000
Inside the Premises-Money and Securities $250,000
Inside the Premises- Robbery or Safe Burglary $250,000
of Other Property
Outside the Premises-Money and Securities $250,000
Computer Fraud $250,000
Funds Transfer Fraud EXCLUDED
Money Orders Counterfeit Paper Currency EXCLUDED
Faithful Performance Included in Employee Theft sublimit
Item 4. Participating Carriers:
Pennsylvania Manufacturers'Association Insurance Company(Old Republic) (A+XV)Admitted
CIAW Renewal Summary 2023-2024 Page 6
Coverage#: CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
RENEWAL SUMMARY
EQUIPMENT BREAKDOWN COVERAGE PART
Item 1. CIAW Program Retention:
Equipment Breakdown Coverage Part "One Accident" $0 Combined,All Coverages
All Motors and Pumps $25,000
Item 2. Deductible:
The deductibles listed below are part of and not in addition to the CIAW Program Retention listed above.
Equipment Breakdown Coverage Part:
Equipment Breakdown: "One Accident' $500 Combined,All Coverages
All Motors and Pumps(All Member Deductible): $10,000
Item 3. Limit of Coverage:
Equipment Breakdown Coverage Part One Accident and
Group Aggregate $100,000,000
Item 4. Sublimits of Coverage:
The Sublimits of Coverage shown below do not increase the overall Limits listed above.
Property Damage: Included
Business Income: Included
Extra Expense: Included
Service Interruption: Included
Perishable Goods: $500,000
Data Restoration: $100,000
Computer Equipment: Included
Off Premises Property Damage: Excluded
Contingent Business Income: Included
Demolition and ICC: 25%of building or tenant's improvements or
betterments value
Ordinance or Law: 25%of building or tenant's improvements or
betterments value
Expediting Expenses: Included
CFC Refrigerants Included
Hazardous Substances: $5,000,000
Extended Period of Restoration: 30 days
Newly Acquired Locations: Included; 365 days
Interruption of Service Waiting Period: 24 hours
Item 5. Participating Carriers:
Hartford Steam Boiler Inspection and Insurance Company of Connecticut (A++X)Admitted
CIAW Renewal Summary 2023-2024 Page 7
Coverage#:CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
RENEWAL SUMMARY
CYBER LIABILITY
Item 1. CIAW Program Retention:
Cyber Insurance $50,000 Per Claim I Occurrence
Item 2. Deductible:
The deductibles listed below are part of and not in addition to the CIAW Program Retention listed above.
All Coverages $10,000 per Claim
Except:
Loss of Business Income $10,000 and 10 Hours waiting period
Reputational Harm Expense 12 Hours waiting period
Item 3. Limit of Coverage:
Member Annual Policy Aggregate $5,000,000
Group Combined Policy Aggregate $10,000,000
Item 4. Sublimits of Coverage:
Sublimits of Coverage shown below do not increase the overall Limits listed above.Aggregate limits are
subject to shared excess limits,which may be reduced by prior claims.
a. Liability Costs Per Claim and Aggregate $5,000,000
b. PCI Costs Per Claim and Aggregate $5,000,000
c. Regulatory Costs Per Claim and Aggregate $5,000,000
d. Media Liability Endorsement Per Claim and Aggregate $5,000,000
e. Business Interruption Loss Each Occurrence
(Including Extra Expense& Voluntary Shutdown) and Aggregate $5,000,000
f. System Failure Business Interruption Loss Each Occurrence
(Including Extra Expense&Voluntary Shutdown) and Aggregate $5,000,000
g. Contingent Business Interruption Loss Each Occurrence
(Including Extra Expense) and Aggregate $5,000,000
h. System Failure Contingent Business Interruption Loss Each Occurrence
(Including Extra Expense) and Aggregate $5,000,000
i. Data Restoration Each Occurrence
and Aggregate $5,000,000
j. Extortion Costs(with MFA) Each Occurrence
and Aggregate $5,000,000
Extortion Costs(no MFA) Each Occurrence and Aggregate $500,000
k. Breach Fund Each Occurrence
and Aggregate $5,000,000
I. Cyber Crime Loss Each Occurrence
(Includes Social Engineering Financial Fraud) and Group Aggregate $250,000
m. Bricking Costs Each Occurrence $1,000,000
Group Aggregate $5,000,000
n. Reputational Harm Expense Each Occurrence $1,000,000
Group Aggregate $5,000,000
o. Business Impersonation Costs Per Claim and Aggregate $5,000,000
p. Criminal Rewards Costs Per Claim and
Group Aggregate $100,000
q. Utility Fraud Attack Endorsement Per Claim and
Group Aggregate $100,000
CIAW Renewal Summary 2023-2024 Page 8
Coverage#: CIAW232434619 Covered Member:Aero-Skagit Emergency
Services
Item 5. Retro Active Date: (Coverages a., b., c.,and d. above) Full Prior Acts
Item 6. Participating Carriers:
Obsidian Specialty Insurance Company (A-VII)Non-Admitted Primary$5,000,000
Great American Fidelity Insurance Company (A+XV) Non-Admitted $5,000,000 excess of$5,000,000
CIAW Renewal Summary 2023-2024 Page 9
Issue Date:11/21/2023 Cart#:0000000319
CITIES INSURANCE ASSOCIATION OF WASHINGTON
CERTIFICATE OF COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES
NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY,THE MOC MUST BE ENDORSED.IF SUBROGATION IS WAIVED,SUBJECT TO
THE TERMS AND CONDITIONS OF THE MOC,CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT.A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER
RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).
PRODUCER COMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive CIAW/Old Republic Specialty Insurance Underwriters
Ephrata,WA 98823 AUTOMOBILE LIABILITY
Phone:(509)754-2027 Fax:(509)754-3406 CIAW/Old Republic Specialty Insurance Underwriters
COVERED MEMBER PROPERTY
CIAW/Old Republic Specialty Insurance Underwriters at al.
City M Sedrtcalf Street y CRIME/PUBLIC EMPLOYEE DISHONESTY
Sed Metcalf Street CIAW/Old Republic Specialty Insurance Underwriters
Sedro-Woolley,WA 98284
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS
AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS
DATE DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY CIAW232434560 12/l/2023 12/l/2024 GENERAL AGGREGATE $20,000,000
OCCURRENCE FORM
PRODUCT-CO MP/OP AGG $20,000,000
PERSONAL&ADV.INJURY $10,000,000
INCLUDES STOP GAP EACH OCCURRENCE $10,000,000
(LIABILITY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000
AUTOMOBILE LIABILITY
ANY AUTO CIAW232434560 12/l/2023 12/1/2024 COMBINED SINGLE LIMIT $10,000,000
(LIABILITY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
PROPERTY
CIAW232434560 12/l/2023 12/l/2024 ALL RISK PER OCC EXCL EQ&FL $100,000,000
EARTHQUAKE PER OCC $15.000,000
FLOOD PER OCC*ceptFZA&v,which is $15,000,000
$1 MM)
(PROPERTY IS SUBJECT TO A$750,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
CRONEIPUBLIC EMPLOYEE DISHONESTY
CIAW232434560 12/l/2023 1211/2024 PER LOSS $1,000,000
(CRIME IS SUBJECT TO A$25,000 SIR PAYABLE FROM PROGRAM FUNDS)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Evidence of Coverage.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MOC PROVISIONS.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
Its elected officials,officers and employees
Skagit County
1800 Continental PI Ste 200
Mount Vernon,WA 98273
CIAW 2023-2024 Pagel
Self-insured Coverage Document
# CT�2024
wA
Insurance Authority
WCIA Coverage Document#CT 2024 Page 2
WASHINGTON CITIES INSURANCE AUTHORITY
Self-Insured Coverage Document CT-2024
January 1,2024 to January 1,2025
12:01 am Pacific Standard Time
LIMITS/ULTIMATE NET LOSS:
SELF-INSURED LAYER LIMIT: $4,000,000 PER OCCURRENCE
REINSURED LAYER GEM: $6,000,000 PER OCCURRENCE
REINSURED LAYER Safety National: $5,000,000 PER OCCURRENCE AND
$25,000,000 all lines of business POOL
AGGREGATE
$5,000,000 General Liability per occurrence and
$5,000,000 aggregate per member
$5,000,000 Auto Liability per occurrence
$5,000,000 Employee Benefits per occurrence and
$5,000,000 aggregate per member
$5,000,000 Errors or Omissions liability per
occurrence and$5,000,000 aggregate per member
$5,000,000 Employment Practices Liability per
occurrence and$5,000,000 aggregate per member
$5,000,000 Police Professional Liability per
occurrence and$5,000,000 aggregate per member
$5,000,000 Stop Gap Coverage per occurrence
and$5,000,000 per member
$5,000,000 Prior Wrongful Acts per occurrence and
$5,000,000 aggregate per member
REINSURED LAYER Allied World Assurance Company: $5,000,000 PER OCCURRENCE AND$5,000,000
AGGREGATE PER MEMBER and
$25,000,000 POOL AGGREGATE
TOTAL LIMIT: $20,000,000 PER OCCURRENCE,subject to aggregates and
sub-limits below and in Section I.D,and Section I.E in the WCIA
Joint Protection Program.
SPECIFIC AGGREGATE LIMITS/SUB-LIMITS:
$4,000,000 per occurrence limit and$4,000,000 annual aggregate per member applying to Terrorism.
$5,000,000 per occurrence limit and$5,000,000 annual aggregate limit per member for Errors or Omissions
Coverage arising out of the operations,ownership,maintenance or use of any airport.
$5,000,000 per occurrence limit and$5,000,000 annual aggregate limit per member for any liability arising out of
Land-Use Planning and Land-Use Regulation,zoning,and any other land use and permitting process.
$10,000,000 per occurrence per member for any loss,liability cost,damage,expense,fine or penalty of any
insured resulting from or arising out of or related to directly or indirectly or in whole or in part to property damage
or bodily injury caused by the gradual or sudden"Subsidence"of the earth.
DESCRIPTION OF COVERAGE: General Liability,Automobile Liability,Stop-Gap Coverage, Errors or Omissions
Liability, Employee Benefits Liability,Employment Practices Liability, Prior Wrongful Acts,and Police Professional
Liability Coverage.
WCIA Coverage Document#CT-2024 Paae 3
LIMITS OF LIABILITY FOR ALL COVERAGE:
The Limits/Ultimate Net Loss stated herein and the rules below set the maximum the Authority
will pay regardless of the number of:
a. members,
b. claims made or lawsuits brought, or
C. persons or organizations making claims or bringing lawsuits.
TERRITORY: This coverage applies to General Liability,Automobile Liability, Stop-Gap Coverage, Errors or
Omissions Liability, Employee Benefit Liability, Employment Practices Liability, Prior Wrongful Acts,and Police
Professional Liability coverage occurring anywhere in the United States of America, its territories and possessions or
Canada.
Members covered by this agreement include the following and new members approved by the Executive Committee
during the Coverage Year;members of the Large Deductible Program have their deductible levels listed by their
names:
WCIA Coverage Document#CT 2024 Pane 4
Aberdeen Lake Stevens
Anacortes Lake Stevens Sewer District
Arlington Lakewood
Auburn Leavenworth
Bainbridge Island Liberty Lake
Battle Ground Long Beach
Benton City Longview
Bonney Lake LOTT Clean Water Alliance
Bothell Lynden
Bremerton Lynnwood($50,000)
Brewster Mabton
Brier Maple Valley
Burien Marysville Fire District
Burlington Mason County Emergency Communications
Camas (MACECOM)
Cashmere Mattawa
Centralia McCleary
Chehalis Medical Lake
Chelan Medina
Cheney Mercer Island
Clark Regional Emergency Services Agency(CRESA) Metropolitan Park District of Tacoma($25,000)
Clarkston Mill Creek
Cle Elum(excluding any liability arising out of Land- Millwood
Use Planning and Land-Use Regulation,zoning, Milton
and any other land use and permitting process per Monroe
Executive Committee motion passed on Monroe Transportation Benefit District
10/13/2023. Effective 1/1/2024-2/8/2024.) Moses Lake($25,000)
Clyde Hill Mount Vernon
College Place Mountlake Terrace
Coupeville Mukilteo
Covington Multi Agency Communications Center(MACC 911)
Cowlitz 911 Newcastle
Cowlitz-Wahkiakum Council of Governments NORCOM
Des Moines Normandy Park
Des Moines Pool Metropolitan Park District Normandy Park Metropolitan Park District
Duvall North Bonneville
Eastside Public Safety Communications Agency Northshore Park and Recreation Service Area
(EPSCA) Northshore Utility District
eCity Gov Alliance Oak Harbor
Edgewood Ocean Shores
Edmonds Olympia
Ellensburg Olympia Metropolitan Park District
Elma Olympic View Water and Sewer District
Enumclaw Orting
Everson Othello
Federal Way Pasco
Ferndale Port Angeles($50,000)
Fife Port Townsend
George Poulsbo
Goldendale Pullman
Grandview Pullman Metropolitan Park District
Grays Harbor Communications Center, E9-1-1 Pullman-Moscow Regional Airport Board
Hoquiam Puyallup($100,000)
Issaquah Regional Crisis Response Agency
Jefferson County 911 Richland
Kelso Ridgefield
Kenmore Royal City
Kennewick Sammamish
Kirkland Seattle Southside Regional Tourism Authority
Kitsap 911 Public Authority Selah
La Conner Sequim
Lacey Shelton
Lake Forest Park Shelton Metropolitan Paris District
WCIA Coverage Document#CT-2024 Page 5
Shoreline Tukwila Pool Metropolitan Park District
Silver Lake Water&Sewer District Tumwater
Skagit 911 Tumwater Metropolitan Park District
Skagit Council of Governments Union Gap
Snohomish University Place
Snohomish County 911 Valley Communications Center
Snohomish Regional Fire and Rescue Valley Regional Fire Authority
Snoqualmie Walla Walla
Soap Lake Walla Walla Valley Metropolitan Planning Organization
South Correctional Entity(SCORE) Warden
South Sound 911 Washington Cities Insurance Authority
Spokane Regional Emergency Communications Washington Multi-City Business License and Tax
Spokane Valley Portal Agency
Stanwood Washougal
Steilacoom Water Operating Board
Stevenson Wenatchee
Sumas West Richland
Sumner Westport
Sunnyside WHITCOM 911
Three Rivers Regional Wastewater Authority William Shore Memorial Pool District
Thurston 9-1-1 Communications Woodinville
PUD#1-Thurston County(Thurston Public Utility Woodway
District) Yakima Valley Conference of Governments
Thurston Regional Planning Council(TRPC) Yarrow Point
Toppenish Zillah
Tukwila($25,000)
This document is not an insurance policy. The Washington Cities Insurance Authority(Authority) is not an insurance
company. This document is an agreement by and between the Authority and its members to pay all covered losses
subject to the limits and other terms,exclusions and conditions of this Agreement and any addenda attached. This
document is to be construed and enforced under the law of the State of Washington. In consideration of the
assessments paid by the members,this Agreement provides the following coverages:
I. COVERAGE AGREEMENTS
A. GENERAL&AUTOMOBILE LIABILITY COVERAGE
1. Coverage
In consideration of the assessment herein provided,the Authority hereby agrees,subject to the
limitations,terms, exclusions and conditions hereinafter mentioned,to pay on behalf of the member all
sums which the member shall be obligated to pay by reason of liability:
a. imposed upon the member by law; or
b. assumed under contract or agreement by the member and/or any officer,director, official, or
employee of the member,while acting in his or her capacity as such;
c. for damages,direct or consequential and expenses,all as more fully defined by the term"ultimate
net loss"on account of:
i. personal injury,
ii. property damage,
iii. advertising liability,
caused by or arising out of an occurrence during the coverage period.The coverage for the liability
assumed under contract in I.A. 1. b. above shall be limited to the terms, conditions, limitations and
exclusions in the Coverage Document and the Liability Joint Protection Program document.
"Damages"as used in this section and this Agreement,do not include punitive or exemplary
damages or fines or penalties or any similar relief awarded against the member.
WCIA Coverage Document#CT 2024 Page 6
2. Defense and Settlement of Covered Claims
Subject to the limits and other terms, exclusions and conditions of this Agreement,for any claim
covered by this Agreement and properly tendered to the Authority,the Authority shall have the absolute
and unrestricted right and duty to select legal counsel to defend the member against the claim and pay
the costs of the selected defense counsel and;further,shall have the absolute and unrestricted right to
settle any covered claim within the limits of the provided coverage. The Authority shall have no
obligation or duty to pay for the defense costs of a member for any uncovered or excluded claim.
Notwithstanding the forgoing,the Authority shall not be obligated to defend any criminal investigation,
criminal proceeding or prosecution against any member.
3. Exclusions
This Agreement is subject to the following exclusions:
This Agreement shall not apply to any claims against any member:
a. Regarding any obligation for which the member or any carrier as insurer may be held liable under
any Workers'Compensation, unemployment compensation or disability benefits law,or under any
similar law;
i. with respect to liability arising out of bodily injury to Law Enforcement Officers and Fire
Fighters employed by the member it is agreed that exclusion (a)above is deleted and the
following substituted therefore:
this Agreement does not apply to personal injury of any employee arising out of and in the
course of their employment by the member to the extent that benefits for such personal injury
are either payable or required to be provided under the"Washington Law Enforcement Officers
and Fire Fighters'Retirement System Act."
b. For personal injury to or sickness,disease or death of any employee of the member arising out of
and in the course of their employment by the member.
c. For any liability arising from providing or failing to provide health care or otherwise subject to RCW
7.70. However,this exclusion shall not apply to paramedics, physical therapists,or community
responders facilitating access to health and human services; and does not apply to first responders
administering opioid antagonists pursuant to RCW 69.41 or in rendering first aid treatment. The
term"physical therapists"shall include any member who is providing physical therapy service to
another member and who is subject to RCW 18.74. "Community responders"shall include
qualified employees who engage in crisis intervention and/or assist members of the public who
have behavioral health,substance abuse, housing,or other social services needs with obtaining
resources. "First responder'is defined as any career or volunteer firefighter,law enforcement
officer, or paramedic as defined in RCW 18.71.200,or emergency medical technician as defined in
RCW 18.73.030. Furthermore,this exclusion shall not apply to the legal drawing of blood samples
from criminal suspects for evidence in criminal investigations by police personnel currently certified
by the Washington State Department of Health as Phlebotomists under RCW 18.360.
d. For advertising activities, including claims made against any member for:
i. failure of performance of contract,but this shall not relate to claims for unauthorized
appropriation of ideas based upon alleged breach of an implied contract;
ii. infringement of registered trade mark,service mark or trade name by use thereof as the
registered trade mark,service mark or trade name of goods or services sold,offered for sale or
advertised,but this shall not relate to titles or slogans;
iii. incorrect description of any article or commodity;or
iv. mistake in advertised price.
WCIA Coverage Document#CT-2024 Page 7
e. For:
i. contamination of any environment by pollutants that are introduced at any time,anywhere, in
any way;
ii. any bodily injury,personal injury, property damage, costs or other loss or damage arising out
of such contamination, including but not limited to,cleaning upon, remedying or detoxifying
such contamination;or
iii, the payment of sums related to(1)the investigation or defense of any loss, injury or damage or
(2)payment of any cost,fine or penalty or(3)payment of any expense involving a claim or suit
related to i or ii above. As used in this Exclusion,the following terms will have the following
meanings:
(1) "Contamination"means any unclean or unsafe or damaging or injurious or unhealthful
condition arising out of the presence of pollutants,whether permanent or transient in any
environment.
(2) "Environment"includes any person,any man-made object or feature,animals, crops and
vegetation, land,bodies of water, underground water or water table supplies, air and any
other feature of the earth or its atmosphere,whether or not altered,developed or
cultivated, including but not limited to any of the above,currently or formerly owned,
controlled, leased, used or occupied by the member.
(3) "Pollutants"means smoke,vapors,soot,fumes, acids,sound, alkalis,chemicals, liquids,
solids,gases,thermal pollutants,waste materials and all other irritants, poisons or
contaminants including but not limited to any Perfluoroalkyl or Polyfluoroalkyl Substances
(PFAS).
However,the pollution exclusion as stated above in section 3e(i),(ii),(iii)does not apply to liability
from an"Occurrence"causing"Personal Injury"or"Property Damage"when the cause is:
(1) the release, discharge or backup of liquids and/or effluents from waste water and/or
sanitary sewer lines owned, leased, maintained or operated by a"member". or
(2) the release of fuels,lubricants,fluids or similar materials required for the normal
mechanical, electrical or hydraulic functioning of an"Automobile"and the materials are
accidently released directly from an"automobile"part designed by its manufacturer that
has failed or been damaged.
f. For personal injury or property damage due to war, whether or not declared,civil war,insurrection,
rebellion or revolution or to any act or condition incident to any of the foregoing,with respect to
liability assumed by the member under contract.
g. For personal injury or property damage arising out of the ownership, maintenance,operation, use,
loading or unloading of:
i. any aircraft owned or operated by any member,-
ii. any other aircraft operated by any person in the course of his/her employment by any member;
iii. any aircraft in the care,custody or control of the member for storage, servicing or fueling; or
iv. any watercraft over 30 feet.
Exclusion 3(g)(i.)does not apply to authorized use of unmanned aircraft under remote control or
unmanned helicopters under remote control-while used in the scope of the members business
and if the aircraft weighs less than 55 pounds.
WCIA Coverage Document#CT 2024 Page 8
h. For any liability or claim alleging, arising out of,based upon or attributable to the refusal,failure, or
inability of any member to pay wages, provide benefits, make pension or retirement payments, pay
overtime wages,minimum wages,back pay and interest thereon or any other form of
compensation legally owed an employee per a contract, collective bargaining agreement,
resolution, law,statute or regulation of the State of Washington and/or of the United States of
America.
This exclusion applies to but, is not limited to:
i. any wage or compensation order or award resulting from a labor grievance arbitration, civil
service commission hearing or appeal from either;
ii. any claim alleging violation of the Employee Retirement Income Security Act of 1974,the Fair
Labor Standards Act(except the Equal Pay Act),the National Labor Relations Act,the Worker
Adjustment and Retaining Notification Act,the Consolidated Omnibus Budget Reconciliation
Act,the Occupational Safety and Health Act and any rules or regulation of the foregoing acts
promulgated thereunder or amendments thereto and/or any similar provisions of any federal
state or local statute,common law, regulation or ordinance.
This exclusion shall not apply to any court entered judgment against a member on a claim for
damages when the court determines that back pay and interest thereon to be a part of a
prevailing party's compensatory damages for which they are entitled to a judgment.
i. For property damage to premises alienated by the member arising out of such premises or any part
thereof.
j. For loss of use of tangible property which has not been physically injured or destroyed resulting
from:
i. a delay in or lack of performance by or on behalf of the member of any contract or agreement;
or,
ii. the failure of the member's products or work performed by or on behalf of the member to meet
the level of performance,quality, fitness or durability warranted or represented by the member;
but this exclusion does not apply to loss of use of other tangible property resulting from the
sudden and accidental physical injury to or destruction of the member's products or work
performed by or on behalf of the member after such products or work have been put to use by
any person or organization other than a member.
k. For property damage to the member's products arising out of such products or any part of such
products.
I. For property damage to work performed by or on behalf of the member arising out of the work or
any portion thereof,or out of materials,parts or equipment furnished in connection therewith.
m. For damages claimed for the withdrawal, inspection,repair,replacement,or loss of use of the
member's products or work completed by or for the member or of any property of which such
products or work form a part, if such products,work or property are withdrawn from the market or
from use because of any known or suspected defect or deficiency therein.
n. For any liability arising out of or in any way connected with the operation of the principles of
eminent domain, condemnation proceedings, or inverse condemnation, by whatever name called,
whether such liability accrues directly against the member or by virtue of any agreement entered
into by or on behalf of the member.
o. For any liability arising out of the operations, ownership,maintenance or use of any airport.
p. For any liability arising out of ownership,operation, maintenance or use of any transit district, or
transit department buses,or other transit district or transit department automobiles, including
loading and unloading thereof; however,this exclusion does not apply to liability arising out of
transit district or transit department buses chartered by a member in respect to special events.
q. For any liability assumed by the member under any contract or agreement or arising out of the
member's failure to perform,failure to pay or default on any contract or agreement. This exclusion
1NCIA Coveraoe Document#CT-2024 Paae 9
would not apply to contracts or agreements to hold harmless or indemnify another person or entity
as contemplated by Section A.1.b.of the General&Automobile Liability Coverage.
r. For any liability for fines, penalties, punitive or exemplary damages awarded against a member for
any reason.
s. For any liability arising out of the failure to adequately supply, interruption or impairment of
electrical,gas,water, or sewer service.
t. For nuclear energy liability as further described below:
i. This Agreement does not apply:
(1) Under any Liability Coverage,to personal injury or property damage:
(a) with respect to which a member is also an insured under a nuclear energy liability
policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic
Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would
be an insured under any such policy but for its termination upon exhaustion of its limit
of liability;or,
(b) resulting from the hazardous properties of nuclear material and with respect to which:
(i) any person or organization is required to maintain financial protection pursuant to
the Atomic Energy Act of 1954, or any law amendatory thereof; or,
(ii) the member is, or had this Agreement not been issued would be,entitled to
indemnity from the United States of America, or any agency thereof, under any
agreement entered into by the United States of America, or any agency thereof,
with any person or organization.
(2) Under any medical payments coverage, or under any supplementary payments provision
relating to first aid,to expenses incurred with respect to bodily injury resulting from the
hazardous properties of nuclear material and arising out of the operation of a nuclear
facility by any person or organization.
(3) Under any Liability Coverage,to bodily injury or property damage resulting from the
hazardous properties of nuclear material, if,
(a) the nuclear material:
(i) is at any nuclear facility owned by,or operated by or on behalf of,a member; or
(ii) has been discharged or dispersed there from;
(b) the nuclear material is contained in spent fuel or waste at any time possessed,
handled, used, processed,stored,transported or disposed of by or on behalf of a
member;or,
(c) the bodily injury of property damage arises out of the furnishing by a member of
services, materials, parts or equipment in connection with the planning, construction,
maintenance,operation or use of any nuclear facility,but if such facility is located
within the United States of America, its territories or possessions of Canada,this
exclusion (3)applies only to property damage to such nuclear facility and any
property there at.
ii. As used in this exclusion:
(1) "hazardous properties"include radioactive toxic or explosive properties.
(2) "nuclear material'means source material,special nuclear material or by-product material.
(3) "source material,""special nuclear material'and"by-product material'have the meanings
given them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
WCIA Coverage Document#CT-2024 Page 10
(4) "spent fuel'means any fuel element or fuel component,solid or liquid,which has been
used or exposed to radiation in a nuclear reactor.
(5) "waste"means any waste material:
(a) containing by-product material other than the tailings or wastes produced by the
extraction or concentration of uranium or thorium from any ore processed primarily for
its source material content; and,
(b) resulting from the operation by any person or organization of any nuclear facility
included under the first two paragraphs of the definition of nuclear facility.
(6) "nuclear facility"means:
(a) any nuclear reactor.
(b) any equipment or device designed or used for:
(i) separating the isotopes of uranium or plutonium,
(ii) processing or utilizing spent fuel,or,
(iii) handling,processing or packaging waste.
(c) any equipment or device used for the processing,fabricating or alloying of special
nuclear material if at any time the total amount of such material in custody of the
member at the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium 235.
(d) any structure, basin,excavation, premises or place prepared or used for the storage
or disposal of waste and includes the site on which any of the foregoing is located,all
operations conducted on such site and all premises used for such operations.
"Nuclear reactor"means any apparatus designed or used to sustain nuclear fission in
a self-supporting chain reaction or to contain a critical mass of fissionable material.
"Property damage"includes all forms of radioactive contamination of property.
u. For liability, defense costs,judgments,fines or damages arising out of any Intentional Act and/or
any willful or wanton violation of any constitutional right provided in the Washington State
Constitution or the United States Constitution, statute,ordinance or regulation of Washington State
or the United States of America committed by or with the knowledge or consent of any member,
except that any fact pertaining to any one member shall not be imputed to any other member for
the purpose of determining the application of this exclusion.
v. For any liability,defense costs,fines or damages which arise out of,brought about or contributed to
by fraud,dishonesty or bad faith by a member or arising out of the willful violation of a penal code
or ordinance committed by or with the knowledge or consent of any member or claims of injury
arising out of the acts of fraud committed by or at the direction of the member with affirmative
dishonesty or actual intent to deceive or defraud, except that any fact pertaining to any one
member shall not be imputed to any other member for the purpose of determining the application of
this exclusion.
w. For any liability of a member arising in whole or in part,out of any member obtaining remuneration
or financial gain to which the member was not legally entitled,except that any fact pertaining to any
one member shall not be imputed to any other member for the purposed of determining the
application of this exclusion.
x. For any property damage or personal injury arising out of subsidence. "Subsidence"means any
earth movement, including but not limited to settling,expansion, earth sinking,earth rising or
shifting,slipping,falling away,tilting,caving in,eroding,mud flow and any other movement of land
WCIA Coverage Document#CT-2024 Page 11
or earth. This exclusion does not apply to property damage or personal injury arising out of
subsidence proximately caused by a negligent act or omission of any member.
y. For any liability arising out of the rupture,bursting,overtopping,accidental discharge or partial or
complete structural failure to any owned dams.
"Dams"means any artificial barrier,together with appurtenant works,which:
i. Is 25 feet or more in height from the foot of a natural bed of stream or watercourse at the down
stream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is
not across a stream channel or water course to maximum possible water storage elevation;or,
ii. Has water impounding capacity of 50 acre feet or more.
z. For any liability or claim arising out of, based upon, resulting from or attributable to the improper
administration or collection of any taxes,fees or assessments or any loss that reflects any tax or,
tax fee or assessment refund obligation of a member.
aa. Arising out of or resulting from:
i. Inhaling, ingesting,or prolonged physical exposure to asbestos or goods or products
containing asbestos;
ii. The use of asbestos in constructing any good,product or structure;or,
iii. The removal of asbestos from any good, product or structure; or,
iv. The manufacture,sale,transportation,storage or disposal of asbestos or goods or products
containing asbestos.
ab. To any liability, indemnity,defense or responsibility of any kind arising out of or imposed by
Chapter 98(R48)known as the Private Property Regulatory Fairness Act.
ac. For any liability, indemnity,or defense arising out of the operations of:
i. Any separate non-member legal or administrative entity created in accordance with Chapter
39.34 of the Revised Code of Washington entitled, "Interlocal Cooperation Act",excluding the
Authority its employees,officers and members; or,
ii. Any local improvement districts and/or taxing districts including but not limited to Fire
Protection Districts(RCW Title 52), Port Districts(RCW Title 53), Public Utility Districts(RCW
Title 54),Water-Sewer Districts(RCW Title 57), Intercounty Rural Library Districts(RCW
27.12), Irrigation Districts(RCW 87.03), Lake and Beach Management Districts(RCW 36.61),
County Roads and Bridges Service Districts(RCW 36.83),and County Park and Recreation
Districts(RCW 36.69)excluding any authority members.This exclusion is not applicable to any
appointed or elected official of a member while acting in the scope of their lawful duties for or
on behalf of a member as a board or commission representative to organizations described in
(i)and (ii)above.
ad. Any liability, indemnity, consequential damages or defense arising out of or occurring in whole or in
part due to:
i. a member's criminal actions or conduct that violates any criminal statute,code,ordinance or
law; or,
ii. a member's willful violation of any civil statute, code, ordinance or law.
ae. For any liability arising out of the operations, ownership,maintenance or use of any hospital or
alcoholic center.
WCIA Coverage Document#CT 2024 Pane 12
"Jail Facilities,"including detoxification units(commonly known as"drunk tanks")are not to be
considered as"alcoholic centers."
af. For property damage to property owned, leased or rented to the member.
ag. For any liability, defense cost or indemnity for any monetary award,consequential damages,
penalty,fine,costs, attorney fees or defense costs arising out or occurring, in whole or in part,due
to a members violation of the Open Public Meetings Act(RCW 42.30),and/or the Public Records
Act(RCW 42.56),or for any claim alleging any of the above.
ah. For any liability for or indemnity for the imposition of any monetary fine,penalty or other monetary
award for anything other than compensatory damages to an injured party or person and/or any
award of attorney fees and costs to a prevailing party seeking a fine, penalty or non-compensatory
damages award against a member in any court proceeding, administrative law proceeding or any
other lawful tribunal with authority to grant such awards under the laws of the State of Washington
and/or the United States of America.
ai. For any monetary costs,fees or awards voluntarily incurred by a member or imposed upon
member by any lawful order to bring the members property,conduct, practices, laws and/or policies
into compliance with any legal requirements mandated by the laws of the State of Washington
and/or of the United States of America. This exclusion applies to but, is not limited to, any claim
seeking to have a members buildings and facilities made more accessible or accommodating to
any disabled person as mandated by the Americans With Disabilities Act of 1992, and as amended,
or any similar federal,state or local law, regulation or ordinance.
aj. For any claim alleging, arising out of,based upon or attributable to any member's activities or
omissions as a trustee or fiduciary as respects any type of employee benefit plan, including any
pension,savings or profit sharing plan,medical benefits plan,or to any amounts or benefits due
under any fringe benefit program, retirement program, incentive program,medical benefits or
insurance program, life and/or disability benefits or insurance program,perquisite program,
entitlement program or other benefits owed or allegedly owed to any employee.
ak. For any claim alleging, arising out of,based upon or attributable to:the gaining in fact of any profit,
remuneration, benefit or advantage to which the member is not legally entitled;the return of any
taxes, assessments; penalties,fines or fees;any award of salary,wages,benefits,back pay or
earnings except for those awarded as compensatory damages resulting from a covered claim and
occurrence.
al. For any defense or defense cost for or liability and/or indemnity for any award, order or relief
granted in any labor arbitration proceedings,civil service hearings or unfair labor practices
proceedings or any other similar employer/employee labor dispute administrative hearing or
proceeding initiated against a member under the laws of the State of Washington and/or the United
States of America or as provided for in any collective bargaining agreement between a member
and any employee bargaining unit or union for any form of grievance resolution.
am. For the defense or defense costs for any proceeding before or liability and/or indemnity for any
award,judgment,fines, penalties or decision of the Growth Management Hearings Board in and for
the State of Washington.
an. For any claim by or personal injury and/or property damage to a member arising out of a collision or
vehicle accident caused by a non-member who is uninsured or underinsured in amounts insufficient
to fully compensate the members loss. This exclusion shall not apply to property damage claims
by members for property damage or destruction of member owned vehicles scheduled under
separate property insurance provided the member by the Authority.
ao. For any claim against a member or a member's officers,officials,employees or volunteers for
personal injuries or property damage arising out of, based upon or attributable to their
maintenance,use or operation of a privately owned motor vehicle not owned by their employing or
appointing public entity member unless the public entity member has given prior express consent
for the use of the privately owned motor vehicle by the member's cfficers,officials,employees or
volunteers in the course and scope of their conduct of the public entity members business and then
only when such use,maintenance or operation of the privately owned motor vehicle is being done
in the course and scope of their employment and the conduct of the member's official business.
Member employees,officials, officers and volunteers traveling in a privately owned motor vehicle to
WCIA Coverage Document#CT-2024 Page 13
and from their location of employment or location where they conduct their business on behalf of
the public entity member either before or after their hours of work will not be regarded as acting in
the course and scope of their public employment or appointment.
ap. For any claim against a member for injury or damage,whether physical or nonphysical and any
financial losses of any kind arising out of"Cyber Liability."
"Cyber Liability"means injury loss or damage arising out of:
i. Any loss damage, liability expense, fines or penalties or any other amount directly or indirectly
caused by, based upon, arising from, in consequence of,or related to:
(1) the intentional,deliberate, negligent, reckless or accidental use or operation, of any
Computer, Computer System, computer software program,malicious code, computer
virus or process, Data hostage scheme or attack for ransom, internet or intranet or use of
any other electronic device or system including, but not limited to,smart phones, laptop
computers,computerized electronic data pads,electronic monitoring devices, blue tooth
devices, artificial intelligence devices, scanners, skimmers or electronic switches and
security devices as a means of inflicting injury, harm damage or loss;
(2) the reduction in or loss of ability to use or operate any Computer System, Computer
Network or Data;
(3) access to, processing, transmission,storage or use of any Data;
(4) inability to access process,transmit,store or use any Data;
(5) any threat of or any hoax relating to(1)to(4)above;
(6) any error or omission or accident in respect of any Computer System, Computer Network
or Data;
(7) losses to third parties and persons occurring due to cyber-attacks on a member's
Computer System, Computer Network or electronically stored Data such as Data
destruction,extortion,theft, loss of money or financial data, hacking and denial of service
attacks;or for losses to others caused by errors and omissions,failure to safeguard
private Data and/or financial information, or defamation;identity theft and any costs of
remedial measures due to Cyber Liability occurrences including regular security audits,
post-incident public relations and investigative expenses and criminal reward funds.
ii. Computer System means any computer, hardware,software, application process,stored
electronic data, cod, program,information technology,communications system or electronic
device owned or operated by the member, its agents and/or any other party.This includes any
similar system and any associated input, output or Data storage device or system networking
equipment or back up facility.
iii. Computer Network means a group of Computer Systems, and other electronic devices or
network facilities connected via a form of communications technology, including the internet,
intranet and virtual private networks(VPN),allowing the networked computing devices to
exchange Data.
iv. Data means information used,accessed, processed,transmitted or stored by a Computer
System.
aq. For any liability, defense cost or any other amount incurred by or accruing directly or indirectly and
regardless of any other cause contributing concurrently or in any sequence,originating from,
WCIA Coverage Document#CT-2024 Page 14
caused by,arising out of, contributed to by, resulting from,or otherwise in connection with a
Communicable Disease or the fear or threat(whether actual or perceived)of a Communicable
Disease.
i. Communicable Disease means any disease which can be transmitted by means of any
substance or agent from any organism to another organism where:
(1) the substance or agent includes, but is not limited to,a virus, bacterium, parasite or other
organism or any variation thereof,whether deemed living or not, and
(2) the method of transmission,whether direct or indirect, includes but is not limited to,
airborne transmission,bodily fluid transmission,transmission from or to any surface or
object,solid, liquid or gas or between organisms,and
(3) the disease,substance or agent can cause or threaten bodily injury, illness,emotional
distress or damage to human health, human welfare or property damage.
ar. Any"Claims,"demands or action seeking relief or redress in any form other than money damages,
and the Authority shall have no obligation to indemnify the"member"for any costs, legal fees or
expenses in connection with any action or otherjudgment for injunctive or declaratory relief.
B. STOP-GAP COVERAGE
1. Coverage
In consideration of the assessment herein provided, it is agreed that if, under any circumstances,it is
determined that any employee of the member who is reported and declared under the Workers'
Compensation Law or Laws of the State of Washington is injured in the course of their employment but
is not entitled to receive(or elects not to accept)the benefits provided by the aforementioned Law,then
this policy shall cover the legal liability of the member for such personal injury, disease, or death and
pay on behalf of the member all sums which the member shall become legally obligated to pay as
damages and expenses,all as defined by the terms"ultimate net loss"and"occurrence."
2. Exclusions
The exclusions applicable to General and Automobile Liability(section I.A.3.)of this agreement also
apply to this section except exclusion"o"and exclusion"b."
The coverage granted hereunder shall not apply to:
a. Personal injury,disease or death suffered or caused by any person knowingly employed by the
member in violation of any law as to age or under the age of 14 years regardless of any such law
except for persons volunteering for the member;
b. any claim recoverable under the insurance provisions of any Workers'Compensation or
Occupational Disease Act or Law or under the U.S. Longshore and Harbor Workers'Compensation
Act or any other insurance available for the protection of the member;
c. Personal injury, disease or death caused by or arising from the use,maintenance, or operation of
aircraft;
d. any premium assessment, penalty,fine or other obligation imposed by any Workers'Compensation
Law;
e. any claim for personal injury,disease, or death with respect to which the member is deprived of any
defense or defenses or is otherwise subject to penalty because of default in premium payment
under,or any other failure to comply with the provisions of the Workers' Compensation Law or Laws
of the State above named;
f. bodily injury by accident or disease to the master or members of the crew of any vessel.
WCIA Coverage Document#CT-2024 Page 15
C. ERRORS OR OMISSIONS LIABILITY COVERAGE
1. Coverage
In consideration of the assessment herein provided,the Authority shall pay on behalf of its member all
sums which the member shall become legally obligated to pay arising out of any occurrence which
results in a claim for damages and expenses,all as more fully defined by the term"ultimate net loss",
arising out of any claim for breach of any duty made against the member by reason of any negligent act,
wrongful act, error or omission committed by the member during the policy period.
2. Exclusions
The exclusions applicable to General and Automobile Liability section I.A. 3. also apply to this section
except exclusion"o." Additionally,the Errors and Omissions section does not apply:
a. to physical injury to or destruction of tangible property including the loss of use thereof at any time
resulting therefrom-,
b. liability or responsibility arising out of or imposed by any constitutional provision, statute, county,
municipal or local ordinance or law administrative order,or rule of law dealing with the power of
eminent domain,condemnation or inverse condemnation,or any acts arising out of or caused by
the member(s)thereunder;
c. to any dishonest,fraudulent, criminal or malicious act;
d. to claims,occurrences or accidents which are covered under any other section of this Agreement;
e. to any claims or for any liability arising out of the member(s failure to secure a proper bond or
secure payment for any contractor,subcontractor or third person who has performed work or
provided materials to the member as part of the performance of any contract for the benefit of the
member.
D. EMPLOYEE BENEFITS LIABILITY COVERAGE
1. Coverage
In consideration of the assessment herein provided,the Authority agrees with the member named in
this Agreement as follows:
a. The Authority will pay on behalf of the member all sums which the member shall become legally
obligated to pay as damages and expenses, all as more fully defined by the term"ultimate net
loss",arising out of any claim made against the member by any employee or the beneficiaries or
legal representatives thereof for injury arising out of any negligent act, error or omission,during the
coverage period,of the member or any other person for whose acts the member is legally liable, in
the administration of employee benefits as defined.
2. Definitions
a. EMPLOYEE BENEFIT PROGRAM. The term"employee benefit program"shall mean Group Life
Insurance, Group Accident or Health Insurance, Pension plans,Workers'Compensation,
Unemployment Insurance, Social Security and Disability Benefits, and any other similar benefit
program.
b. ADMINISTRATION. As respects the coverage afforded hereby,the unqualified word
"administration"whenever used shall mean:
i. giving counsel to employees with respect to the employee benefits;
ii. interpreting employee benefits;
iii. handling of records in connection with employee benefits;
WCIA Coverage Document#CT-2024 Page 16
iv. affecting enrollment,termination or cancellation of employees under employee benefit
programs;
v. performed by a person authorized by the member to do such acts.
3. Exclusions
The exclusions applicable to General and Automobile Liability section I.A. 3.of this agreement also
apply to this section.
This Agreement does not apply:
a. to any dishonest,fraudulent,criminal or malicious act;
b. to libel,slander,discrimination,or humiliation;
c. to bodily injury, or sickness, disease, or death of any person;
d. to injury to or destruction of any tangible property,including the loss of use thereof;
e. to any claim based upon the member's failure to comply with the federal"Employee Retirement
Income Security Act of 1974';
f. to any claim for failure or performance of contract by any insurer;
g. to any claim based upon the member's failure to comply with any law concerning Workers'
Compensation, Unemployment Insurance,Social Security or Disability Benefits.
E. EMPLOYMENT PRACTICES LIABILITY COVERAGE
1. Coverage
In consideration of the assessment herein provided,the Authority shall pay on behalf of its member all
sums which the member shall become legally obligated to pay arising out of any occurrence which
results in a claim for damages and expenses,all as more fully defined by the term"ultimate net loss",
arising out of any claim for breach of any duty made against the member by reason of any Wrongful
Act(s)and/or Employment Practice Violation(s)committed by the member in the performance of its
duties as a public employer during the policy period.
2. "Employment Practice Violation(s)"shall mean any of the actual or alleged:
a. Wrongful dismissal,discharge or termination(either actual or constructive)of employment including
breach of an implied contract;
b. Harassment(including sexual harassment whether"quid pro quo,"hostile work environment or
otherwise);
c. Discrimination, (including but not limited to discrimination based upon age,gender, race,color,
national origin, religion, sexual orientation or preference,pregnancy or disability);
d. Retaliation;
e. Employment-related misrepresentation(s)to an employee or applicant for employment with the
Public Entity;
f. Wrongful failure to employ or promote;
g. Wrongful deprivation of career opportunity,wrongful demotion or negligent employee evaluation,
including the giving of negative or defamatory statements in connection with an employee
reference;
h. Wrongful discipline;
WCIA Coverage Document#CT-2024 Page 17
i. Failure to provide or enforce adequate or consistent policies and procedure relating to any
Employment Practices Violation;
j. Violation of an individual's civil rights relating to any of the above but only if the Employment
Practices Violation relates to an employee or applicant for employment with the Public Entity
whether direct,indirect, intentional or unintentional;
k. Employment related libel, slander, defamation, or invasion of privacy.
3. "Wrongful Act"for purposes of employment practices liability coverage shall mean any actual or alleged
breach of duty, neglect,error, misstatement, misleading statement, omission or Employment Practice
Violation by a member solely in the performance of its duties as a public governmental entity.
4. Exclusions
The exclusions applicable to General and Automobile Liability section I.A. 3.of this agreement also
apply to this section except for general exclusion"o."
F. PRIOR WRONGFUL ACTS
1. Claims based on wrongful acts that occurred before the effective date of WCIA membership will also be
covered, provided that all of the following conditions are met:
a. The wrongful act must have occurred within the prior thirty-six(36)month period prior to a member
joining WCIA and be reported to WCIA within the next twelve(12)month period;
b. The member must not have had prior knowledge of the wrongful act or claim on the effective date
of WCIA membership, nor have had any reasonable way to foresee that a claim might be brought;
c. The claim must be for a wrongful act that would have been covered by the WCIA Coverage
Document in force at the time the claim is presented to WCIA;
d. The claim will only be indemnified up to the applicable prior public officials, errors&omissions,
employee benefits or employment practices liability insurance or pool coverage,or WCIA liability
limits,whichever is less;
e. Use of any other available insurance covering the claim excludes the use of WCIA coverage.
f. The prior wrongful act was within the course and scope of employment for employees or duties as
a public official;and,
g. Prior to the expiration of their current insurance coverage and prior to joining WCIA,all potential
losses that the member knew about must have been reported to their insurance carrier;
h. The thirty-six(36)month prior coverage referenced in paragraph F.a. shall only apply to members
who have joined WCIA on or after June 1, 2002. For members who have joined prior to June 1,
2002,the prior coverage shall be twelve(12)months instead of thirty-six(36)months and be
subject to all other conditions in F. b., F.d., F.e., F.f., and F.g.
2. Optional Extended Reporting Period
A member may, at its option,subject to WCIA approval,purchase an additional extended reporting
period of twenty-four(24)months, provided that all the following conditions are met:
a. The member requests the additional extended reporting period prior to the memberjoining WCIA;
b. The member shall purchase this coverage at a cost determined by an actuary hired by WCIA;
c. The conditions applicable in Paragraph F, Prior Wrongful Acts,also apply to this section with the
exception of F. 1. a.and F. 1.d;
d. The wrongful act must have occurred within the prior thirty-six(36)month period prior to a member
joining WCIA and be reported to WCIA within the next thirty-six month period;
WCIA Coverage Document#CT-2024 Page 18
e. If the optional extended reporting period is granted,the limit of liability for all prior wrongful acts
coverage is$5,000,000 per occurrence and$5,000,000 in the aggregate;
f. The member shall have joined WCIA on or after June 1,2002
3. "Wrongful Act"
For purposes of errors and omissions liability coverage shall mean any actual or alleged breach of duty,
neglect,error,misstatement, misleading statement, omission by a member solely in the performance of
its duties as a public governmental entity.
G. POLICE PROFESSIONAL LIABILITY
1. In consideration of the assessment herein provided,the Authority shall pay on behalf of its member all
sums which the member shall become legally obligated to pay arising out of any occurrence which
results in a claim for damages and expenses,all as more fully defined by the term"ultimate net loss",
arising out of any claim against a member for a"Law Enforcement Occurrence"that takes place during
the policy period.
2. "Law Enforcement Occurrence'shall mean an occurrence as defined in Section Il.Coverage Definitions
paragraph E.Occurrence, and results in:
a. Personal Injury and which arises out of, and is committed during the course and scope of, "Law
Enforcement Activities";
b. Bodily Injury or Property Damage,and which arises out of ownership,maintenance,or use of
Premises by the member for conducting Law Enforcement Activities;or
c. Bodily Injury or Property Damage,and which results from an actual or alleged act,error or
omission, neglect, or breach of duty by a member that arises out of,and is committed during the
course and scope of Law Enforcement Activities.
3. "Law enforcement activities"means:
a. The administration and enforcement of the criminal justice system or duties performed by a sworn
police officer conducted by any member for or on behalf of any member. This also includes"off-
duty activities"as defined below;
b. "Off-Duty Activities"means departmentally approved, law enforcement-related activities that a
member has been contracted to perform for a non-governmental entity. These activities require
prior authorization by the member employer;
c. Law enforcement assistance rendered by a member pursuant to a member's contract or mutual aid
agreement.
4. Exclusions
The exclusions applicable to General and Automobile Liability section I.A.3. of this agreement also
apply to this section except for general exclusion"o."
II. COVERAGE DEFINITIONS
This Agreement, in all of its sub-parts is subject to the following definitions:
A. MEMBER
"Member'includes the Washington Cities Insurance Authority and any member municipal corporation,city,
town or municipal entity in the State of Washington.
The unqualified word"member"includes:
WCIA Coverage Document#CT-2024 Page 19
1. all officials,officers, employees, and volunteers working for or on behalf of the member and any person,
organization,trustee or estate to whom or to which the member is obligated by virtue of a written
contract to provide insurance to the same extent as is afforded by this Agreement,but only with respect
to actions within the scope of their employment by or on behalf of the member;
2. any person serving on the members governing body, any persons serving on the members boards or
commissions,any elected or appointed official of the member, any other employee, or any volunteer
serving the member; if the person is acting in the scope of their employment,appointment,duties, or
service to the member;
the term"member"does not include any private for profit businesses or corporations,volunteer
organizations or non-profit corporations and/or their officers,officials,or members when acting in or for
the interests of and/or at the direction of said business,organization or corporation;
3. any person while using an automobile owned by, leased, rented, or loaned to the member or hired for
use on behalf of the member or any person or organization legally responsible for the use thereof,
provided the actual use of the automobile is by the member or with the member's permission,and any
executive officer,other employee,director or volunteer of the member with respect to the use of an
automobile not owned by the member in the business of the member. The coverage with respect to any
person or organization other than the member does not apply under this section:
a. to any person or organization,or to any agent or employee thereof;operating an automobile sales
agency, repair shop,service station,storage garage or public parking place,with respect to any
occurrence arising out of the operation thereof;
b. with respect to any automobile hired by or loaned to the member,to the owner or a lessee thereof
other than the member, or to any agent or employee of such owner or lessee.
Independent contractors,contracted attorneys and consultants providing services to the member are not
"members'
B. PERSONAL INJURY
The term"personal injury"means:
1. bodily injury,sickness,disease,disability or shock, including death arising therefrom, medical
malpractice injury, including emergency medical treatment and all acts of paramedics and law
enforcement personnel, or if arising out of the foregoing, mental anguish and mental injury;
2. false arrest,false imprisonment,wrongful eviction,wrongful detention,or malicious prosecution; or,
3. libel,slander,defamation of character, humiliation or invasion of the rights of privacy, unless arising out
of advertising activities;
4. unlawful discrimination not committed by or at the direction of any executive officer of the member, but
only with respect to the liability other than fines and penalties imposed by law;
5. false or improper services of process;
6. assault or battery committed for the purpose of protecting persons or property or incident to an arrest;
7. violation of civil rights protected under the United States Constitution and 42 USC 1981et seq. or under
any similar state civil rights law.
C. PROPERTY DAMAGE
The term"property damage"means loss of or direct damage to or destruction of tangible property which
occurs during the policy period,including loss of use thereof at any time resulting therefrom and loss of use
of tangible property which has not been physically injured or destroyed.
D. ADVERTISING LIABILITY
The term"advertising liability"means:
WCIA Coveraae Document#CT-2024 Pa-ge 20
1. libel,slander or defamation;
2. any infringement of copyright or of title or of slogan;
3. piracy or unfair competition or idea misappropriation under an implied contract;
4. any invasion of right of privacy;
committed or alleged to have been committed in any advertisement,publicity article, broadcast or
telecast and arising out of the member's advertising activities.
E. OCCURRENCE
The term"occurrence"means an accident or a happening or event or a continuous or repeated exposure to
substantially the same general harmful conditions which unexpectedly and unintentionally result in personal
injury,property damage,advertising liability,errors or omissions liability including wrongful acts, police
professional liability,employment practices liability including wrongful acts or stop-gap liability during the
policy period. All such exposure to substantially the same general conditions existing at or emanating from
one location shall be deemed one occurrence.
All"Damages"arising out of substantially the same"Personal Injury,""Property Damage,""advertising
liability,""errors or omissions liability including wrongful acts,""stop-gap liability,""employment practices
liability including wrongful acts,"or"police professional liability" regardless of the frequency,timing,
repetition,the number or kind of events or offenses,or the number of"Claimants,"will be considered as
arising out of one"Occurrence"and shall be deemed to have occurred on the date of the first"Occurrence"
causing"Personal Injury,""Property Damage,""advertising liability,""errors or omissions liability including
wrongful acts,""stop-gap liability,""employment practices liability including wrongful acts,"or"police
professional liability"during the policy period.
Only one Self-Insured Coverage Document issued by WCIA and one limit of coverage is applicable to any
one"Occurrence."
Further,the definition of occurrence includes any intended act by or at the direction of the member,which
results in personal injury, if such injury arises solely from the use of force for the purpose of protecting
persons or property or effectuating an arrest.
F. ULTIMATE NET LOSS
The term"ultimate net loss"means the total sum which the member becomes obligated to pay by reason of
liability claims,covered hereunder,either through adjudication or compromise and shall also include
hospital, medical and funeral charges and all sums paid as salaries,wages,compensation,fees, charges
and law costs, premiums on attachment or appeal bonds, interest expenses for doctors, lawyers, nurses and
investigators and other persons, and for litigation,settlement,adjustment and investigation of claims and
suits covered hereunder. Ultimate net loss shall include all sums paid as salaries,expense, or costs to
lawyers,or a lawyers representative,other than paid employees of the member, and investigators, retained
experts or other persons rendering services in handling specific litigation and coverage determination costs
over$1,000 per occurrence. Other salaries paid to employees of the member or the company;fees paid to
the member's service company for handling claims are excluded from the ultimate net loss.
G. SELF-INSURED RETENTION
The term"self-insured retention"means the amount of"ultimate net loss"payable by the member in respect
of each occurrence.
H. WRONGFUL ACT(S)
The term"Wrongful Act(s)"means any actual or alleged breach of duty, neglect, misstatement,misleading
statement,error or omission or employment practices violation by a member solely in the performance of its
duties as a Public Entity. A wrongful act may be a deliberate act that unexpectedly and unintentionally
results in personal injury and/or property damage to another not intended by the member.
WCIA Coverage Document#CT-2024 Page 21
I. INTENTIONAL ACT(S)
The term"Intentional Act(s)"means any deliberate knowing action and/or deliberate knowing refusal to act
by a member in violation of a clearly established legal duty and where the foreseeable and/or intended
consequence of such deliberate action or deliberate refusal to act causes Personal Injury, Property Damage,
advertising liability,errors or omissions liability including wrongful acts,stop-gap liability,employment
practices liability including wrongful acts, and/or police professional liability to another person or entity and
there is no lawful justification for the members deliberate act or refusal to act.
J. CLAIM(S)
The term"claim(s)"means a summons and complaint for damages or other similar legal civil pleading filed
with a Court of Law and served upon a member alleging that the member is liable for claimant's personal
injuries and/or property damage and seeks a court judgment to recover money against a member for such
liability.
K. PRODUCTS AND COMPLETED OPERATIONS LIABILITY
The term"products liability"means:
1. liability arising out of goods or products manufactured,sold, handled or distributed by the member or by
others trading under their name if the occurrence occurs after possession of such goods or products
has been relinquished to others by the member or by others trading under their name and if such
occurrence occurs away from premises owned, rented or controlled by the member;provided such
goods or products shall be deemed to include any container thereof,other than a vehicle, but shall not
include any vending machine or any property,other than such container, rented to or located for use of
others but not sold;
2. The term"completed operations"means liability arising out of operations, if the occurrence occurs after
such operations have been completed or abandoned and occurs away from premises owned, rented or
controlled by the member,provided operations shall not be deemed incomplete because improperly or
defectively performed or because further operations may be required pursuant to an agreement,
provided further the following shall not be deemed to be"operations"within the meaning of this
paragraph:
a. pick-up or delivery,except from or onto a railroad car,
b. the maintenance of vehicles owned or used by or in behalf of the member,
c. the existence of tools, uninstalled equipment and abandoned or unused materials.
L. ANNUAL PERIOD
The term"annual period"means each consecutive period of one year commencing from the effective date of
this Agreement.
M. AIRCRAFT
The term"aircraft"means any heavier than air or lighter than air aircraft designed to transport persons or
property.
N. AUTOMOBILE
The term"automobile"means a land motor vehicle,trailer or semi-trailer designed for travel on public roads
(including any machinery or apparatus attached thereto), but does not include mobile equipment.
WCIA Coverage Document#CT-2024 Paae 22
O. PARAMEDIC
The term"paramedic"shall include all personnel who may engage in rendering emergency medical
assistance, including but not limited to the categories defined in RCW 18.73 and RCW 18.71.200:
"Emergency medical technicians,""Physicians trained mobile intravenous therapy technicians,""Physicians
trained mobile airway management technicians,"and"Physicians trained mobile intensive care paramedics,"
provided that all amendments of RCW 18.73 and RCW 18.71.200 shall here and hereafter be included in the
definition of the above categories.
P. TERRORISM
The term"Terrorism"means activities against persons,organizations or property of any nature:
1. That involve the following preparation for the following:
a. Use or threat of force or violence, or,
b. Commission or threat of a dangerous act; or,
c. Commission or threat of an act that interferes with or disrupts an electronic communication,
information or mechanical system; and,
2. When one or both of the following applies:
a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof,
or to disrupt any segment of the economy;or,
b. It appears that the intent is to intimidate or coerce a government, or to further political ideological,
religious,social or economic objectives or to express(or express opposition to)a philosophy or
ideology.
Q. COMPENSATORY DAMAGES
The term"Compensatory Damages"means either personal injury and/or property damage as defined herein
resulting from a covered occurrence and represented in the monetary amount of a judgment on a liability
claim or lawsuit for personal injury and/or property damage deemed necessary by the court to make the
injured party whole from such injuries and damage.
III. COVERAGE CONDITIONS
This Agreement is subject to the following conditions:
A. ASSESSMENT
The assessment for this coverage varies from member to member and is set by the Board of Directors of the
Authority in accordance with its By-laws and the Joint Protection Program.
Coverage under this Agreement is conditioned on and offered in consideration of the assessment being paid
by a member in the time, manner,amount and method specified by the Board of Directors, Bylaws and Joint
Protection Program of WCIA.
B. PRIOR INSURANCE AND NON-CUMULATION OF LIABILITY
It is agreed that if any loss is covered in whole or in part under any primary or excess insurance policy
issued to the member prior to the effective date hereof(but not coverage provided by the Authority),the limit
of liability hereunder shall be reduced by any amounts due to the member on account of such loss under
such prior insurance. Subject to the foregoing and to all the other terms and conditions of this Agreement in
the event that personal injury or property damage arising out of an occurrence covered hereunder is
continuing at the time of termination of this Agreement,the Authority will continue to protect the member for
liability in respect of such personal injury or property damage without payment of additional assessment.
WCIA Coverage Document#CT-2024 Page 23
C. INSPECTION AND AUDIT
The Authority shall be permitted to examine and audit the member's books and records at any time during
the coverage period and any extension thereof and within three(3)years after the final termination of this
Agreement, as far as they relate to the assessment bases or the subject matter of this coverage.
D. CROSS LIABILITY
This Agreement shall protect each member in the same manner as though a separate Agreement had been
issued to each,except that nothing herein shall operate to increase the Authority's liability beyond the
amount or amounts for which the Authority would have been liable had only one member been named.
E. NOTICE OF OCCURRENCE
Whenever the authorized representatives of the member have information from which the member may
reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event
that the member should be held liable,is likely to involve this coverage, notice shall be sent to the Authority
as soon as practicable. However, immediate written notice shall be given to the Authority when any injury of
the following type occurs:
1. a fatality or death of a person in police custody,
2. amputation of a major extremity, including any loss of eye(s)or limb(s),
3. any serious head injury(including skull fracture or loss of sight of either or both eyes) or brain injury,
4. any injury to the spinal cord, including any paralysis, paraplegia,quadriplegia,
5. any disability of more than one(1)year or where it appears reasonably likely that there will be disability
of more than one(1)year,
6. any burn 25%or more of the body,
7. heart or vascular disorders,
8. accidents where multiple injuries are involved,
9. acts of employment discrimination and/or harassment involving any employee protected class as
defined by any state,federal,or local laws including, but not limited to; race,age,gender, religion,
disability or prohibited retaliation,
10. any allegations of sexual abuse or molestation.
Such notice shall contain particulars sufficient to identify the member and also reasonably obtainable
information respecting the time, place and circumstances of the injury,the names and addresses of the
injured and of available witnesses. If suit or other proceeding is brought against the member,the member
shall immediately forward to the Authority every demand, notice,summons,or other process or true copies
thereof received by the member or the member's representatives,together with copies of reports of
investigations made by the member with respect to such claim, suit or proceeding.
F. ASSISTANCE AND COOPERATION
The member and the Authority shall cooperate in all things in the defense of such claim, suit or proceeding.
G. APPEALS
In the event the member elects not to appeal a judgment,the Authority may elect to make such appeal at its
cost and expense,and shall be liable for the taxable costs and disbursements and interest incidental
thereto, but in no event shall the liability of the Authority for ultimate net loss exceed the amount set forth in
this Agreement for any one occurrence and in addition the cost and expense of such appeal.
WCIA Coverage Document#CT-2024 Page 24
H. BANKRUPTCY AND INSOLVENCY
In the event of the bankruptcy or insolvency of the member or any entity comprising the member,the
Authority shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy
of insolvency.
I. OTHERINSURANCE
If valid and collectible insurance,which is written by an insurer(but not coverage provided by the Authority)
is available to the member covering a loss also covered by this Agreement, other than insurance that is in
excess of this coverage,the coverage afforded by this Agreement shall be in excess of and shall not
contribute with such insurance.Valid and collectable insurance includes, but is not limited to,any other
primary liability insurance available to the member covering liability for damages arising out of premises or
operations,or the products and completed operations,for which the member has been added to as an
additional insured by attachment of an endorsement.
J. SUBROGATION
The Authority shall be subrogated to the extent of any payment hereunder to all the member's rights of
recovery thereof(but not to the member's rights against the Authority),and the member shall do nothing
after loss to prejudice such right and shall do everything necessary to secure such right.
K. CHANGES
Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this
Agreement or stop the Authority from asserting any right under the terms of this Agreement; nor shall the
terms of this Agreement be waived or changed,except by addenda issued to form a part hereof,signed by
the Authority.
L. ASSIGNMENT
No member may assign any right,claim or interest it may have under this Agreement, and no creditor,
assignee or third-party beneficiary of a member shall have any right,claim or interest any member may have
under this Agreement.
M. CANCELLATION
Refer to the language of the Joint Protection Program,Article 8.
WCIA Coverage Document#CT-2024 Page 25
CITY OF CLE ELUM
EXCLUSION—CERTAIN LAND USE COVERAGE
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER ALL COVERAGE PARTS.
This endorsement changes the 2024 Self-Insured Coverage Document effective on the inception date of
the 2024 Self-Insured Coverage Document unless another date is indicated above.
How coverage is changed:
The following coverage is excluded:
Coverage for any and all claims arising from or in any way related to the City Heights Annexation and
Development Agreement dated November 11, 2011, including but not limited to any and all claims made
by affiliates, predecessors, employees, agents, attorneys, successors, assigns, and/or representatives of
City Heights, LLC, and/or any successors in interest to the City Heights Annexation and Development
Agreement dated November 11, 2011.
Liability Joint Protection Program
2024
WA V E �t,
Insurance Authority
WCIA 2024 Liability Joint Protection Program Page 2
WASHINGTON CITIES INSURANCE AUTHORITY
Liability Joint Protection Program for the
Coverage Year January 1,2024 to January 1, 2025
12:01 A.M. Pacific Standard Time
I. AUTHORITY LIABILITY COVERAGE
A. COVERAGE AGREEMENT
The Washington Cities Insurance Authority, (Authority)has been formed to provide its members financial
protection from loss, in part,through self-insured and standard insurance coverages as detailed in the Authority's
Coverage Document.
Coverage consists of two layers;a self-insured layer, and one or more reinsured layers. The Board of Directors
determines the coverage limits in each layer and the relative attachment points among the layers, at the
beginning of each coverage year.
The Board of Directors determines the terms and conditions of coverage for the self-insured layer of coverage.
Coverage Document#CT-2024,which further defines the aforementioned coverage, is hereby incorporated by
reference and adopted herein to this document.
The Board may choose to purchase reinsurance as a layer of coverage,or self-insure that layer. Purchased
insurance policies may differ from each other and the self-insured layer in language,exclusions,conditions and
underwriters intent. Coverage among the various policies may not be continuous. Annual aggregates may
further limit coverage in any of the layers.
Elements of what the Authority intends to pay are defined in the Ultimate Net Loss definition within the Coverage
Document. For example,the legal defense expense becomes part of the loss cost and contributes towards
(erodes)the self insured and reinsurance limits.
B. EXCLUSIONS
Exclusions of coverage may differ in each of the coverage layers, and are specifically identified by each
reinsurance policy or Coverage Document. Policies may differ from each other in the number, language and
underwriters intent. For example, previous Board action determined underinsured/uninsured motorist coverage
is not provided to members or employees.
C. MEMBERS
Current,risk-sharing, members are identified in the WCIA Coverage Document#CT-2024. Any non-risk sharing
membership does not qualify for the Coverage Document protections.
D. COVERAGE LIMITS
The Authority uses the insurance layers below to resolve claims and litigation per the terms,conditions and limits
of each policy.
Self-Insured Layer: $4 million per occurrence
Reinsured Layer-GEM: $6 million per occurrence
Reinsured Layer-Safety National: $5 million per occurrence
Reinsured Layer-Allied World Assurance Company: $5 million per occurrence
Total Limit: $20 million per occurrence
All limits subject to member and Pool aggregates as outlined in the#CT-2024 WCIA Self-Insured Coverage
Document.
E. AGGREGATES AND SUB-LIMITS
WCIA and the insurance industry use annual aggregates to create limited coverage for certain exposures. A
partial list of aggregate limits used in this document are:
$4,000,000 per occurrence limit and annual aggregate per member applying to Terrorism.
$5,000,000 per occurrence limit and annual aggregate per member applying to Airport Errors and Omissions
arising out of the operation, ownership, maintenance or use of any airport.
WCIA 2024 Liability Joint Protection Proaram Page 3
$5,000,000 per occurrence limit and$5,000,000 annual aggregate limit per member for any liability arising out of
Land-Use Planning and Land-Use Regulation,zoning,and any other development review process.
$10,000,000 per occurrence per member for any loss, liability cost, damage,expense,fine or penalty of any
insured resulting from or arising out of or related to directly or indirectly or in whole or in part to bodily injury or
property damage caused by the gradual or sudden"Subsidence"of the earth.
Reinsured Layer-Safety National$5,000,000 per occurrence with various aggregates per coverage and a
$25,000,000 Pool aggregate.
Reinsured Layer-Allied World Assurance Company$5,000,000 aggregate per member and$25,000,000 Pool
aggregate.
Other aggregates may apply within the Coverage Document.
F. FURTHER CONDITIONS AND LIMITATIONS OF COVERAGE
Under no circumstances shall the Authority's obligation to any member exceed$20 million per occurrence,
inclusive of coverage or settlement determination costs, defense costs, and costs incurred by the Authority in
obtaining indemnification from reinsurers for the occurrence.
Any member seeking coverage from any insurance company or reinsurer for any occurrence under the
Authority's Coverage Document agrees to pay all costs and expenses incurred in obtaining indemnification
and/or defense costs from any insurance company or reinsurers. If requested by a member,the Authority may,
in its sole discretion,elect to participate with a member and/or,with the member's consent,take full control over
any legal effort by or on behalf of a member to seek or enforce indemnification and/or defense cost coverage
from any insurance company or reinsurer and, if it does so,the Authority will be responsible for payment of 100%
of any legal costs and expenses incurred in such effort done at the direction and control of the Authority and the
member will be responsible for 100%of all costs or expenses incurred by the member or incurred at its'direction.
Subject to the preceding sentence,the Authority shall have a right of subrogation and a subrogation lien against
any monetary recovery or judgment rendered against any insurer or reinsurer in favor of a member for any
monetary advances(such as claim settlement,judgment payment, appeal bond payment and legal expenses)
made on behalf of a member by the Authority in excess of the Self Insured layer as stated herein, including but
not limited to legal expenses, costs associated with hearings, arbitrations, mediations, negotiations or other
proceedings related to seeking coverage for a member from any insurer or reinsurer.
In the event that an occurrence exceeds the combined self insured, and all reinsured layer coverage limits,or if
any self insured or reinsured aggregate limit has been exhausted within the coverage term, any remaining
obligation will be the sole responsibility of the applicable member and shall not be the responsibility of the
Authority nor any other member.
Further coverage limits in the self insured and reinsured layers are limited to budgeted funds. Possible scenarios
resulting from frequency of losses or a severity of loss may result in the exhaustion of all Authority funds.
Replenishment of the self insured and reinsured layers may be made by special assessment as approved by the
Board.
Any occurrence not within the coverage definitions of the self insured or reinsured layer Coverage Document for
the coverage years shall be the sole responsibility of the applicable member or employee against whom the
claim is made and not the responsibility of the Authority nor any other member.
In the event that the Authority is unable for any reason to recover from reinsurers any portion of a liability claim
otherwise payable to a member under the terms of the Authority's Coverage Document,the Authority's obligation
to the member shall be reduced by the amount of such non-recovery. The Authority shall make a reasonable
effort to obtain reinsurance recovery, but nothing in this Agreement shall obligate it to instigate judicial or other
proceedings, nor to take any particular action to obtain indemnification from reinsurers.
In the event of a reinsurer's financial failure,or the exhaustion of the self insured layer aggregate,the total
liability of the Authority for the policy years shall remain at$4 million per occurrence. Any remaining obligation
over the$4 million coverage limit is also the responsibility of the applicable member. The Board may authorize
the purchase of new reinsurance or self insure coverage layer.
Liability coverage is subject to the terms, conditions and exclusions stated in the WCIA Coverage Document
#CT-2024 for the self-insured coverage layer and to any reinsurance agreements,as well as all conditions and
exclusions for liability coverage in the reinsured layer.
WCIA 2024 Liability Joint Protection Program Page 4
G CLAIMS DEDUCTIBLES
This program assumes no liability deductibles apply to any coverage. Claims deductible levels of$25,000,
$50,000, $100,000, $250,000, $500,000 and$1,000,000 are potential coverage options for members that may,
at the sole discretion of WCIA, be extended to members with the following characteristics:
1. The actuary must categorize the member in the highest total worker hour group for the projected period.
2. The member must be in compliance with applicable state and/or federal governmental accounting
standards.
3. The member must have staff with authority to implement and administer the risk management function
within the entity.
4. The member must have a demonstrated ability,practice and willingness to comply with WCIA Claims
handling procedures and reporting requirements.
Members that are given the option to exercise this coverage option,and who do so, must execute a
Memorandum of Understanding regarding the administration and payment of claims. Members must report all
claims and incidents, including those within their deductible layer,to the Authority for investigation. The Authority
will periodically analyze and review the claims history of the member and distribute claims status reports. No
member in good standing with WCIA is required to take an optional deductible level, if offered by WCIA.
The Authority retains control of claims, assignment of defense counsel and settlement authority. The member
will be included in the claims decision-making process. For claims decisions that are referred to the Executive
Committee,the member involved will be invited to participate in claims settlement discussions in Executive
Session.
This claims deductible program is designed to provide the member who assumes significant individual risk with a
reduced annual assessment and cash flow benefits. There are no changes to the Interlocal Agreement, Bylaws
or Claims Manual concerning claim and litigation control or requirements for members that participate in a claims
deductible program.
II. DESCRIPTION OF SERVICES AND COST ALLOCATION
A. AUTHORITY ADMINISTRATION
Administration of the liability claims program is conducted in-house by Authority staff and is an administrative
expense. Some field losses are assigned by staff to an outside claims service company for resolution under
limited dollar authority. The claims service fees are an administrative expense. The Executive Director, Claims
Manager and Adjusters are delegated settlement authority by the Executive Committee.
Defense of litigation is a major coverage element and program expense. It is a loss cost and applies against a
member's loss history and erodes the coverage limit. Selection and assignment of defense counsel is the
responsibility of the Executive Director.
B. GENERAL COUNSEL LEGAL SERVICES
The Authority General Counsel is appointed by the Board to provide legal assistance concerning Authority
operations to the Board, Executive Committee and Executive Director. The Authority Counsel cost is an
administrative, not loss-cost,expense.
C. CLAIMS COMMITTEE
The Executive Committee serves as the Claims Committee, approving loss settlements and litigation decisions.
It resolves a member's coverage appeal.
D. CLAIMS COSTS
Administration of the liability claims program is conducted in-house by Authority staff and is an administrative
expense. Some losses are assigned by staff to an outside claims service company for resolution. The service
company's fees are administrative costs.
Defense of lawsuits are also a part of the program, are considered loss costs, and apply against a member's loss
experience and also against coverage limits. Selection and assignment of defense counsel is the sole
responsibility of the Executive Director.
WCIA 2024 Liability Joint Protection Program Paae 5
III. MEMBER ASSESSMENTS
Each member's assessment with the Authority is due within thirty(30)days of billing. Mid-year(new)membership will
be prorated against the remaining coverage year assessment, payable within thirty(30)days.
IV. CLAIMS PROCESS
The Authority retains control of claims, assignment of defense counsel and settlement authority.The claims process
is supervised by the Authority and includes development and implementation of claims procedures. Claims reports
will be distributed annually to the membership.
Members shall cooperate by promptly reporting all incidents,occurrences, claims and lawsuits which may result in
potential liability, by participating fully in any investigation conducted by the Authority or its claims administrator, and
by adhering to the claims procedures as set forth in the Authority Claims Manual. The Executive Director may settle
any claim up to$150,000. Dollar authority above that level must be brought before the Executive Committee for
approval.
V. DEFAULT PENALTY
A member which fails to file a timely Notice of Appearance which results in a Default in favor of Plaintiff shall be
subject to any financial penalty or judgment rendered by the courts on behalf of plaintiff, and shall not be payable with
Authority funds. Appeals on the enforcement of this Section may be made as outlined in Article VI, Section 2 of the
Authority Bylaws(Bylaws).
VI. COVERAGE DETERMINATION
The Executive Director shall be responsible for making coverage determinations within the self-insured layer and
reinsured layers regarding claims or litigation filed against the member in which a question of coverage and/or
defense obligations exists.
An appeal process has been adopted in the Bylaws,Article VII, Section 2,to allow members to bring before the
Executive Committee any coverage decisions which they may contest. Respective requirements of each participating
party are detailed in the Bylaws. Failure to follow the stated requirements may result in a waiver of coverage rights.
VII. OTHER-INSURANCE
If any member has other valid and collectible insurance or self-insurance,while is available to the member to cover a
loss also covered by this Joint Protection Program,the coverage provided by this Joint Protection Program shall be in
excess of and shall not contribute with such other insurance.
VIII.CANCELLATION OR TERMINATION OF MEMBER LIABILITY COVERAGE
Liability coverage provided under the Joint Protection Program may be canceled by an individual member by written
notification of its intent to withdraw from participation in the Interlocal Agreement pursuant to Article 20 thereto.
Coverage will cease either at the next coverage expiration date after notice, or upon the effective date of the
member's withdrawal from the Authority,whichever comes first.
Coverage under this program may be terminated by the Authority by a majority vote of the Board present at the
meeting whereby such termination is proposed. Notice of termination shall be provided to the member, in writing, not
less than sixty(60)days prior to the effective date of the termination,except that, if the member fails to pay any
assessment when due,this coverage may be terminated by providing, in writing,ten(10)days notice.
It is understood that cancellation or termination of coverage under this program shall constitute cancellation of
coverage in both the primary and excess layer. Limits,terms and conditions of coverage is restricted to those in force
at time of cancellation or termination. Should any premium credit of an individual member be returned to the
Authority as a result of the cancellation in any excess insurance policy, it may be retained by the Authority and
applied toward any outstanding or anticipated debts of the member to the Authority. Should all the financial
obligations of the member be met, 90%of any premium return from the excess insurance carrier for the individual
member shall be forwarded to the member.