01/12/2010 - Regular - Packetw gI'..,;
t ~
City Council Meeting Agenda
January 12, 2010
CITY OF PORT ORCHARD
7:oo p.m.
Mayor:
Lary Coppola
EFFECTIVE January 1, 2010, Meetings will ONLY be available for viewing on
Administrative Official
the City's Website at www.cityofportorchard.us
Councilmembers:
Fred Chang
Chair: Lodging Tax Advisory
1. CALL TO ORDER
Committee
A. Pledge of Allegiance
Tourism Committee
Staff: Clerk's Office
2. CITIZENS COMMENTS
Jerry Chair: Tourism
a Committee
Please limit your comments to g minutes for items not up for Public Hearing. When
St . ClerlrisO
Staff: Clerk's Office
recognized b the Mayor, lease state our name and address or the official record
9 y y P y f ,�
(please complete the sign -in sheet located in the hallway).
John Clauson
Chair: Finance Committee
staff: CStyT easurer
3. APPROVAL OF AGENDA
Utilities Committee r
Jim Colebank
4. CONSENT AGENDA
Tourism Committee
(Approval of Consent Agenda passes all routine items listed below, which have been
Public Property Committee
distributed to each Councilmember for reading and study. Consent Agenda items are not
Fred Olin
considered separately unless a Councilmember so requests. In the event of such a request,
Utilities committee
the item is returned to Business Items.)
Public Property Committee
A. Approval of Claim Warrants, Payroll & Treasurer's check book
Carolyn Powers
B. Approval of the December 15, 2009, Work Study Session Minutes
Chair: Public Property Committee
C. Approval of the December 22, 2009, Council Meeting Minutes
Staff: Plamting Department
Finance
D. Approval of Public Event Application: Cub Scout Day Camp
(Kirkpatrick)
Rob Putaansun
Chair: Utilities Committee
E. Adoption of Resolution No. ooI-lo, Amending Resolution No. 1797,
Staff: Public Works Department
a Policy for the Display of Banners from the Marquee over SR-166
Finance
(Kirkpatrick)
Department Director:
Patti Kirkpatrick
F. Adoption of Resolution No. 002-10 Authorizingthe Mayor to
p � Y
Administrative Services
Execute an Agreement with AllianceOne for Port Orchard Municipal
City clerk
Court's Collection Services (Hunt)
Allan Martin
City Treasurer
5, PRESENTATION
Debbie Hunt
A. Holiday Lights Contest Awards Presentation (Mayor/Council)
Court Administrator
B. Records Management (Kirkpatrick)
James Weaver
Development Director
6. PUBLIC HEARING - NONE
At Townsend
Police Chief
7. BUSINESS ITEMS
Mark Dorsey, P.E.
A. Appointment of Mayor Pro-Tempore for 2010 (Kirkpatrick)
Public Works Director
B. Adoption of Resolution No. 003-10, Authorizing the Mayor to
City Engineer
Execute an Interlocal Agreement with the Association of Washington
Contact
Cities Risk Management Service Agency (Kirkpatrick)
g g Y ( P )
u6 Prospect Street
Prospect
Port Orchard, WA 98366
(36o)876-4407
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 360.876.4407
You may now view City Council Meetings from the City's website: www.cityofportorchard.us
January 12, 2oto, Meeting Agenda Page t of 2
C. Discussion: Council Retreat Date (Mayor)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
io. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.lio, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Date &Time
Location
Finance Committee
January 22, 2010
Myhre's
7:30 a.m.
Tourism Committee
March 10, 2010
City Hall
5:30 p.m.
Utilities Committee
January 15, 2010
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
January20, 2010
S.K.W.R.F.
6:30 p.m.
Public Property Committee
January 14, 2010
City Hall
3:00 p.m.
Work Study Session
January19, 2010
City Hall
7:00 p.m.
Please turnoff cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: w w.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
You may now view City Council Meetings from the CiWs website: www.cityofportorchard.us
January 12, 2010, Meeting Agenda Page 2
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4D Meeting Date:
Subject: Approval of Public Event Application: Prepared by:
Cub Scout Day Camp
Atty Routing No:
Atty Review Date:
January 12, 2010
Patti Kirkpatrick, CMC
Citv Clerk
NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. The Cub Scout Day Camp has submitted
their application for a public event from July 11, 2009 to July 24, 2010 at the Van Zee Park,
excluding the tennis courts. City departments, as well as the Fire Department, have reviewed the
application and have submitted their recommendation and/or comments. The applicant
submitted their request early in order to be able to print their brochures and have adequate time
to advertise well before the event takes place.
This Public Event Application is not a new event; they have been granted permission to host their
event in the City Park for the past two years.
Recommendation: Staff recommends approving the Public Event application.
Motion for consideration: I move to approve the Public Event application for the Cub Scout Day
Camp from July 11, 2009 to July 24, 2010 at the Van Zee Park.
Alternatives: Deny the application or approve with conditions.
Attachments: Application
Comments from City Departments and Fire Department
t City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
roma - 360-876-4407 * 360-895-9029 (fax)
Public Event Application
NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application
or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information
may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No
statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City
Council in any manner.
Name
Name of Sponsoring
I
Name of Person Completing This Application: / n- i/ kc p— k
•l f/
Point of Contact: &t P4Lt/ /, C P� K
Street
Dates of Event
Location of Event:
Telephone:)/U—/f of — Z?c5J
City State Zip Code
Have Multiple Ac(hities and Locations, List On Separate Sheet)
Anticipated Number Of Exhibitors: Time Open To Public: AM
Anticipated Number Of Visitors: Time Open To Vendors: d 7t) 6
Closing Time: ) 7U 0
This application form was designed for use by applicants for various types of events. Please answer all questions; you may
attach additional pages if necessary.
1. Describe typ j of event and how this event will benefit the community:
�Ct ry M c g u1— y Ca NY;?
2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire
lanes, garbage, and restroom/sani-can(s):
3. Describe how public safety, traffic and crowd control will be providgd How many police officers do you anticipate
will be needed for (1) traffic control and (2) crowd control? //��//
4.
5. How many participants and visitor cars are anticipated and where will parking be provided?
f
6. How have
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407* 360-895-9029
been coordinated with the neighbors (residential and/or business)?
7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service
and namVntact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit:_
8. Describe how fire lanes be identified and kept open: Yh o-r ked wT U w a )h y -
r
9. Will this event reVe the closure of any street? If so, list street name with date and time of requested closure:
10. If any event activity or vendor requires electrica(yonnections or otherIaccommodation to operate, indicate location
and how you anticipate meeting their needs: /S U e A/eeci eel
11. How will the vent area be cleaned efore during and after the event?� r t i Pa n tS
a�tc I er V,6 Ji �ej,
12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of
Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims
which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of
such charges or damage claims. Do you accept this responsibility? ❑ Yes ❑ .ij^ If yes, name of person
responsible for rendering payment of tow/storage charges. If no, explain why: /!
13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by
the City of Port Orchard? ❑ yes X no If yes, the ownerlmanager of subject property must complete and
sign the following: (Please ask for additional forms if multiple properties are being used and have different owners.)
Name of property owner:
Authorizing authority:
Address:
Signature of authorizing authority:
Title:
Telephone:
A. If the City of Port Orchard approves this application for public event, will your organization grant
permission for the sponsoring organization to use your property on the dates specified, for the purpose
and activities described in this application? ❑ Yes ❑ No If yes, please complete the following:
B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please
describe in detail:
.a111
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407* 360-895-9029
C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance
certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate
coverage limits you require for general liability, property damage and or personal injury?
14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and
how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other
pure es the owner of the subject roe s ust om let and Si n the fgllgqwing: a c A�L ,a oJi re'c- rs
wl be 9TMyinff InparroJI a-1 49M en S inT' Q J ry O pl'aVr'd�G�CUNi7y
Name of property owner: -Pvr th e- ea mp o. n c) ou r e'qr lP `n en
Authorizing authority: _
Address:
Signature of authorizing e
Title:
Telephone:
A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No
If yes, please describe in detail:
B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance
certificate to your organization prior to the event date? ❑ Yes ❑ No
If yes, please indicate coverage limits you require for general liability, property damage and or personal
injury?
C. How will use of your property by event workers impact neighboring property owners? Describe steps
that will be taken to mitigate any adverse impact(s):
15. Plepse provide any other
you believe, will assist the. city in thg review
16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the
event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum
coverage to be as follows:
$1,000,000 Liability; $1,000,000 Bodily Injury
A. Can you provide this Insurance Certificate? yes
SIGNATURE OF APPLICANT:Date: /a
CITY OF PORT ORCHARD
Public Works Director
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-4991 • Fax: (36o) 876-498o
mdorsey@cityofportorchard.us
www.cityofportorchard.us
PUBLIC EVENT APPLICATION REVIEW
TO: City Clerk's Office
FROM: Mark R. Dorsey, P.E. - Public Works Director/City Engineer
DATE: December 22, 2009
RE: Public Event Application - Cub Scout Day Camp 2009
In response to the above referenced Public Event Application dated 12/2/2009, the City
of Port Orchard Public Works Department approves the event application with the
following requirements:
1. Due to issues from last year's event, the public restroom will be closed.
Provision for additional SaniCans will be required.
2. Proposed tent stake locations will need to coordinated with the Parks
Department prior to driving of stakes (contact Bill Theile @ 535.2492)
C:\Documents and Settings\dkwalker\Local Settings\Temporary Internet
Files\Content.Out look\72G263WF\Event Review 122209.doc
Memo
To: Brandy Rinearson, City Clerk Office
From: Greg Rogers, Fire Prevention Manager
CC:
Date: December 22, 2009
Re: Cub Scout Day Camp
The South Kitsap Fire & Rescue Prevention/Education Office has completed a review of the
application for public event dated received December 22, 2009 for the Cub Scout Day Camp,
located at Van Zee Park, and approves the plans with the following comments and
stipulations:
• A burn permit will be required for any recreational burning during the event.
o The recreational burning shall not exceed a pile greater than 3 feet long by 3
feet wide, and 2 feet high. Burning shall consist of cut firewood or charcoal
only. A permit may be applied for at the Headquarters Station of South Kitsap
Fire & Rescue, located at 1974 Fircrest Drive SE, Port Orchard.
Nothing in this review is intended to authorize or approve of any aspect of the design that
does not comply with all applicable codes and standards. Should additional information
become available, these comments may require modification. Please insure that additional
information regarding this project is forwarded to our office. If you have any questions, please
contact me at 871-2411.
Sincerely,
Greg Rogers
Fire Prevention Manager
Page 1 of 1
Permit Review
DATE: DECEMBER 31, 2009
TO: CITY CLERKS OFFICE
FROM: CHIEF TOWNSEND
SUBJECT: SPECIAL EVENT PERMIT - CUB SCOUT CAMP
The Port Orchard Police Department approves of the special event permit application
with the following requirements:
1. Report any problems or suspicious activity to the Port Orchard Police
immediately.
2. Comply with all city ordinances and regulations.
3. Volunteers should be provided to ensure safe crossing from the parking at
Bethany Lutheran across Tremont to the park. The volunteers should be in highly
visible vests and shall NOT direct traffic. They should only ensure that pedestrians
use the crosswalk and traffic signal control.
4. A police officer can be provided for the above at the off -duty rate of $40 per
hour with a 3 hour minimum. City Council has declared which events are paid for
by tax dollars and this event is not included per council resolution. In turn, the
services would be at the applicant's expense.
City Clerk's Office
216 Prospect Street
\ /! Port Orchard, WA 98366
cirr "-= 360-876-4407 * 360-895-9029
Fort
NOTE: This section to be competed by City staff after application is submitted to the City.
REVIEW AND COMMENT BY POLICE DEPARTMENT:
REVIEW AND COMMENT BY FIRE
REVIEW AND COMMENT BY PUBLIC WORKS: + '
REVIEW AND COMMENT BY FINANCE DEPARTMENT: N
REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT:
REVIEW AND COMMENT BY PLANNING DEPARTMENT:
DATE APPLICATION RECEIVED:
DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION:
CONDITIONS:
Approved By
Patricia J. Kirkpatrick, CMC
City Clerk/Assistant to the Mayor
Revised 03/0312009
Brandy Rinearson
From:
James Weaver
Sent:
Tuesday, December 22, 2009 4:23 PM
To:
Brandy Rinearson
Subject:
RE: Public Event: Cub Scout Day Camp
Planning has no issues with the event. Thank you.
James R. Weaver, AICP
City Development Director
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4991
Fax: 360-876-4980
Email: iweaver(a)cimort-orchard.wams
Website: www.citvofoortorchard.us
From: Brandy Rinearson
Sent: Tuesday, December 22, 2009 11:01 AM
To: 'Rogers, Greg'; Mark Dorsey; James Weaver; Allan Martin; Alan Townsend
Cc: Patricia J. Kirkpatrick; 'Shepherd, Shawn'; Donna Phipps; Jay Cookson
Subject: Public Event: Cub Scout Day Camp
Boy Scouts of America is requesting approval of their public event application at this time, due
to their publication for advertising deadline being at the end of January. Please review the
attached Public Event application for the Cub Scout Day Camp and return your comments to me
no later than January 4, 2010.
Please let me know if you have any questions.
Best Wishes,
Brandy Rinearson,
Deputy City Clerk
Administrative Services
Direct (36o) 876-7030
Fax (36o) 895-9029
Please be aware that e-mails which pertain to City business may be considered public records and may be
subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify
the sender via e-mail or telephone at 360.876.7030.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E
Subject: Adoption of Resolution No. oo1-1o,
Amending Resolution No. 1797, a
Policy for the Display of Banners
from the Marquee over SR 166
Meeting Date: January 12, 2010
Prepared by: Patti Kirkpatrick, CMC
Citv Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: Resolution No. 1797 was established on March 23, 1998, setting the policy for the
display of banners from the Marquee over SR-166. Section 7.1 specifically states, all applications
to hang a banner shall be submitted to Fire Authority at Station 31 located at aoo Tremont
Street. Currently, the location of the main office for the fire authority, South Kitsap Fire and
Rescue, has moved from its location on Tremont Street to the facility on Fircrest. Chief Senter
has requested that the policy be updated to reflect banners shall be delivered to the
administrative offices of South Kitsap Fire and Rescue.
Recommendation: Staff recommends adoption of Resolution No. ow-ro, amending Resolution
No. 1797, a Policy for Banners from the Marquee over SR 166, Section 7.1 to reflect all
applications to hang a banner shall be submitted to the Administrative Offices of South Kitsap
Fire and Rescue.
Motion for consideration: I move to adopt Resolution No. oo1-1o, amending Resolution No.
1797, amending Section 7.1 to reflect all applications to hang a banner shall be submitted to the
Administrative Offices of South Kitsap Fire and Rescue.
Fiscal Impact: None.
Alternatives: Not approve the changes and list incorrect address for dropping off of banners.
Attachments: Resolution No. oo1-10
Resolution No. 1797
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
January 12, 2010
Adopted:
RESOLUTION NO. ooi-io
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING RESOLUTION NO. 1797, A
POLICY FOR THE DISPLAY OF BANNERS FROM THE
MARQUEE OVER SR 166
WHEREAS, the City of Port Orchard has allowed banners to be installed over State
Road 166; and
WHEREAS, historically the South Kitsap Fire and Rescue has installed and removed
these banners; and
WHEREAS, it is the desire of the City of Port Orchard to amend the location for
applications to be delivered to, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVE THAT RESOLUTION NO. 1797 IS HEREBY AMENDED TO READ
AS FOLLOWS:
Section 1. Section 7.1 of Resolution No. 1797 is hereby
amended as follows:
7.1 All applications to hang a banner shall be submitted to the
Administrative Offices of the South Kitsap Fire and Rescue.
The Fire Authority will forward a copy of all applications to
the City Clerk's office at City Hall for evaluation and
monitoring of compliance with the resolution.
Section 2. All other Sections of Resolution No. 1797 shall
remain in full force and effect.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12th day of January 2olo.
LARY COPPOLA, MAYOR
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Resolution No. 1797
Page Two of Two
SECTION 5. Banners shall be delivered to Fire Station 31, 200 Tremont
Street at a minimum of three (3) days prior to installation. The banner shall not be installed until
the Fire Authority approves its construction.
SECTION 6. AUTHORITY TO ESTABLISH REGULATIONS:
(1) The Fire Authority is authorized to establish regulations relative to
banner design/ specification to assure public safety is maintained.
(2) The City Council shall retain authority to establish regulations
governing eligibility of banner placement.
SECTION 7. MINIMUM PROCEDURES
(1) All applications to hang a banner shall be submitted to Fire
Authority at Station 31 located at 200 Tremont Street. The Fire
Authority will forward a copy of all applications to the City Clerk's
Office at City Hall for evaluation and monitoring of compliance
with this resolution.
(2) Applications will be reviewed on the following criteria
(a) Eligibility of group and/or event.
(b) Availability of requested time period for banner to be
displayed.
SECTION 8. The Fire Chief of the Fire Authority is responsible for the
implementation of this policy. Appeals may be made to the City Council.
SECTION 9. Resolution No. 1571 is hereby repealed.
PASSED by the City Council of the City of Port Orchard, APPROVED by
the Mayor and attested by the Clerk in authentication of such passage this 23rd day of March,
1998.
LESLIEJ. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
RESOLUTION NO. 1797
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NO. 1571
AND RE- ESTABLISHING A POLICY FOR THE DISPLAY
OF BANNERS FROM THE MARQUEE OVER SR166
WHEREAS, the City of Port Orchard has allowed banners to be installed
over State Road 166, and
WHEREAS, historically the Volunteer Fire Department of the City of Port
Orchard has installed and removed these banners, and
WHEREAS, the City of Port Orchard and Kitsap County Fire District No. 7
have entered into an Agreement for the District to provide fire protection to the City commencing
January 3, 1998, and
WHEREAS, it is the desire of the City of Port Orchard to revise established
procedures for requesting a banner be hung across Bay Street, now therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES
HEREBY RESOLVE THAT RESOLUTION NO. 1571 IS HEREBY AMENDED TO READ AS
FOLLOWS:
SECTION 1. Policies and procedures are hereby adopted to regulate the
placement of banners from the marquee over State Road 166.
(1) The purpose of the banner is to provide a means to advertise a
community event to the public at a minimum cost.
(2) Priority for the banners will be for those events held within the city
limits.
SECTION 2. Applications for the placement of banners will be made to
the Fire Authority. The Fire Authority is authorized, at their discretion, to set a fee or request a
donation to compensate for installation and removal of the banner.
SECTION 3. Banner placement is limited to nonprofit organizations such
as service clubs, charitable organizations and community events. The names of the
commercial sponsors may be placed on the banner, but that advertising must be smaller and
less noticeable than the name of the event. A nonprofit organization shall be limited to
installation of two (2) banners in a calendar year. Each banner must promote a distinctly
different community event.
SECTION 4. Nonprofit organizations would be defined as those
complying with either the Internal Revenue Service or the State of Washington definition of
nonprofit. Community events sponsored by a church would be eligible.
Resolution No. 1797
Page Two of Two
SECTION 5. Banners shall be delivered to Fire Station 31, 200 Tremont
Street at a minimum of three (3) days prior to installation. The banner shall not be installed until
the Fire Authority approves its construction.
SECTION 6. AUTHORITY TO ESTABLISH REGULATIONS:
(1) The Fire Authority is authorized to establish regulations relative to
banner design/ specification to assure public safety is maintained.
(2) The City Council shall retain authority to establish regulations
governing eligibility of banner placement.
SECTION 7. MINIMUM PROCEDURES
(1) All applications to hang a banner shall be submitted to Fire
Authority at Station 31 located at 200 Tremont Street. The Fire
Authority will forward a copy of all applications to the City Clerk's
Office at City Hall for evaluation and monitoring of compliance
with this resolution.
(2) Applications will be reviewed on the following criteria
(a) Eligibility of group and/or event.
(b) Availability of requested time period for banner to be
displayed.
SECTION 8. The Fire Chief of the Fire Authority is responsible for the
implementation of this policy. Appeals may be made to the City Council.
SECTION 9. Resolution No. 1571 is hereby repealed.
PASSED by the City Council of the City of Port Orchard, APPROVED by
the Mayor and attested by the Clerk in authentication of such passage this 23rd day of March,
1998.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4F
Subject Adoption of Resolution No. 002-10,
Authorizing the Mayor to Execute
an Agreement with AllianceOne for
Port Orchard Municipal Court's
Collection Services
Meeting Date: January 12, 2010
Prepared by: Deborah M Hunt
Court Administrator
Atty Routing No. 156-o9
Atty Review Date January 4, 2010
Summary: The Municipal Court has a Collection Services Agreement with AllianceOne to collect
unpaid municipal court obligations. AllianceOne has submitted an updated agreement to
standardize the language and format of all of its court agreements in Washington State and is
requesting that the attached agreement replace Port Orchard's existing agreement. All services
and rates remain unchanged. Municipal Court is requesting the City Council authorize the Mayor
to execute Contract No. C013-10, with AllianceOne for Collection Services for the Port Orchard
Municipal Court.
The City Attorney has reviewed the contract and has approved as to form.
Recommendation: Authorize the Mayor to execute Contract No. C013-10, with AllianceOne for
collection services for the Port Orchard Municipal Court.
Motion for consideration: I move to adopt Resolution No. 002-io, authorizing the Mayor to
execute Contract No. C013-10, with AllianceOne for collection services for the Port Orchard
Municipal Court.
Fiscal Impact: No fiscal impact.
Alternatives: Current Agreement remains active.
Attachments: Resolution No. 002-10
Contract No. C013-10; AllianceOne
Introduced by:
Court Administrator
Requested by:
Court Administrator
Drafted by:
Court Administrator
Introduced:
January 12,2010
Adopted:
RESOLUTION NO. oo2-io
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH ALLIANCEONE FOR PORT
ORCHARD MUNICIPAL COURT'S COLLECTION
SERVICES.
WHEREAS, The Port Orchard Municipal Court has the authority to use the
services of a collection agency for the purpose of collecting unpaid penalties, fines, costs,
assessments, forfeitures, fees, and any other monetary obligation owed to the Municipal
Court, pursuant to RCW 3.62.04o and RCW 3.50.100(1), now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council hereby approves the AllianceOne Collection
Services Agreement No. C013-io, attached hereto as Exhibit A and by this
reference incorporated herein.
THAT: The Mayor is authorized to execute, on behalf of the City, the
AllianceOne Collection Services Agreement No. C013-10, for Port Orchard
Municipal Court collection services.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 12th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
COLLECTION SERVICES AGREEMENT
COPO Contract No. C013-10
THIS AGREEMENT (the "Agreement") effective the day of
20 ("Effective Date"), is entered into between The City of Port Orchard on behalf of Port
Orchard Municipal Court ("COURT") and AllianceOne Receivables Management, Inc. ("ARMI").
For and in consideration of the compensation herein described and the covenants and conditions
herein contained, the parties agree as follows:
Term and Termination. This Agreement is continuing and will remain in effect until
terminated by either party. Any assignments by COURT and work performed by ARMI
prior to the signing of this Agreement is specifically approved by the parties and ratified by
this Agreement. This Agreement may be terminated in whole or in part from time to time
when deemed by COURT or ARMI to be in its best interest. Termination of work
hereunder shall be effected by delivering to a party a Notice of Termination thirty (30) days
prior to the specified termination date, detailing the extent to which performance of work
under this Agreement is terminated.
2. Assignment of Accounts. COURT will assign to ARMI for collection such delinquent
accounts, hereinafter called "accounts," as COURT deems appropriate.
3. Collection Efforts. ARMI will use commercially reasonable efforts to collect said accounts,
and will confine its efforts to the highest standard of ethical practice. COURT and ARMI
recognize that the appropriate level of activity may vary according to the type of account,
the account balance and the information available.
4. Debts Just and Owing. COURT certifies that every account referred will contain accurate
information and will be just and owing, and will not be subject to any valid defense, set-off
or counterclaim, including that such account or the obligor of such account will not, to the
COURT's actual knowledge, be subject to any bankruptcy proceeding, stay or discharge as
of the time of referral. COURT shall promptly inform ARMI, in writing, of any notice it
receives concerning any bankruptcy filing by any debtor.
5. Compliance with Law. ARMI's collection activities shall comply with federal, state and local
laws, including the Fair Debt Collection Practices Act (FDCPA), where applicable.
6. Legal Action. No legal action will be commenced on any account without written
permission, first obtained, from COURT. Legal action commenced under this agreement
shall be in the name of ARMI and not COURT. ARMI will promptly advise COURT if any
legal action is contested. COURT will provide evidence as requested by ARMI to support
approved legal action, including providing a witness or witnesses for live testimony if
requested. Unless otherwise agreed, legal costs and fees will be paid by ARMI and not
COURT, and will be recoverable from the DEBTOR where allowed by applicable law, out
of first monies recovered.
7. Insurance. ARMI shall obtain and keep in force continually during the term of the contract
comprehensive general liability insurance coverage in the amount of at least One Million
Dollars ($1,000,000.00).
8. Claims against Client. Neither ARMI nor ARMI's attorneys shall be responsible for
providing COURT with legal representation to defend COURT against any claims,
counterclaims or third -party claims asserted against COURT, whether asserted in
response to a collection lawsuit initiated by ARMI or otherwise.
COLLECTION SERVICES AGREEMENT Page 2
9. Cancellation of Accounts. To the extent practicable and unless otherwise agreed, COURT
will consult with ARMI prior to recalling any assigned account. For any account on which
COURT has approved legal action by ARMI, COURT shall not cancel such account without
first consulting with ARMI.
10. Hold Harmless and Indemnification. ARMI will indemnify and hold harmless COURT, and its
elected officials, present and former employees, predecessors, successors, assigns,
affiliates, clients, subcontractors, insurers, principals, agents, owners, attorneys and
employees from any claim, loss, cost, damage, expense, attorneys' fees, and liability of
whatsoever nature or kind (collectively the "Claims"), arising out of or as a result of the
negligent acts or omissions of ARMI, its employees or agents. COURT will indemnify and
hold harmless ARMI, its parent, subsidiary, sister and affiliated companies and divisions, and
their officers, directors, shareholders, members, limited and general partners, present and
former employees, predecessors, successors, assigns, affiliates, clients, subcontractors,
insurers, principals, agents, owners, attorneys and employees from any Claims arising out of
or as a result of the negligent acts or omissions of COURT, its employees or agents; and
specifically agrees to indemnify and hold ARMI harmless from and against all Claims
resulting from errors in account information furnished to ARMI by COURT when such error
is the result of negligence. The indemnities provided for herein shall survive the
termination of this Agreement.
it. Compensation and Method of Payment. For services provided pursuant to this Agreement
ARMI shall be entitled to compensation as follows:
A. Pre -Collection Demand Letter: No Charge
B. Court Costs for Collection Fees: COURT will assess a court cost for ARMI's collection
fee pursuant to RCW 3.02.045. COURT directs ARMI to perform the ministerial act of
adding this cost to the account balance on its computer system at the time the account in
entered into its computer, in the following amounts:
A 19% add -on fee (0.1597 retained) for new accounts assigned to ARMI on and after
the effective date of this contract. Previously -assigned accounts will remain at their
existing rates.
C. Partial Payments: Partial payments made on assigned accounts shall be remitted to
COURT based upon the same pro rata formula applied to accounts that are paid in full. By
way of illustration, and assuming a 19% add -on fee: $100 fine x 19% = $119 new balance
to be collected; a $50 payment received would be remitted as follows: $42.02 to COURT;
$7.98 to ARMI ($7.98 = .1597 of $50).
D. Interest on Accounts: Upon assignment to collection, interest shall accrue on all account
amounts, including court costs for collection fees, at the rate of twelve percent per annum.
The interest shall be added to the account by ARMI, collected by ARMI, and remitted in full
by ARMI to COURT on COURT's portion of the account (interest on the collection fee
portion will be retained by ARMI).
E. Signal Credit Management Services Program (Signal): If COURT desires to offer a time -
payment program to defendants with non -delinquent obligations, ARMI will administer
a monthly -payment collection service (the Signal Credit Management Services Program) for
COURT. COURT will assess as court costs for this service and ARMI will add such costs
(also called "Service Fees") to the accounts as follows:
1. $15.00 Account Set -Up Fee: a one-time charge per obligor per COURT of
limited jurisdiction (fee charged only once while defendant remains in an
active Signal program, even should new cases from the same COURT be
added to the active program; setting up a new Signal program after a
program has been completed or discontinued requires another Set-up fee).
2. $4.75 Monthly Fee: one charge per defendant with one current case.
09-02-09 WA COURT
COLLECTION SERVICES AGREEMENT
Page 3
3. $8.25 Monthly Fee: one charge per defendant with two or more current
cases.
4. $7.75 Monthly Fee: one charge per defendant in "past due status" with one
case.
5. $11.25 Monthly Fee: one charge per defendant in "past due status" with two
or more cases.
ARMI will collected and retain all Signal Service Fees. Where a Signal account is
assigned to full collection, Service Fees shall not be added to the principal amount
of the debt for purposes of calculating ARMI'S Collection Fee authorized in sub-
paragraph B above, but can otherwise be collected.
F. Remittance Method: ARMI shall deduct its compensation from recoveries prior to
remitting COURT's portion to COURT.
G. Change in Law: Should there be changes in laws or COURT policies which
prescribe/allow a different method for recovering Collection Fees, ARMI shall
modify its methods accordingly, upon instruction from COURT.
H. Electronic payments. COURT authorizes ARMI to charge a party making an
electronic payment a reasonable convenience fee for processing the electronic
payment unless prohibited by state law.
12. Payments to Court from Other Source. A payment made on behalf of a debtor directly to
COURT on an assigned account will be promptly reported to ARMI by COURT.
13. Negotiable Instruments. COURT authorizes ARMI to endorse checks or other instruments
payable to COURT and deposit same into a trust account separately maintained by ARMI.
COURT further authorizes ARMI to send notices of dishonor or other notices on COURT's
behalf for dishonored instruments, to assess and collect any permissible dishonored
instrument fees, and to retain any recovered fees, whether such instruments were issued
before or after assignment of the account.
14. Bankruptcy. Where an account becomes subject to bankruptcy proceedings, ARMI will, at
its option, either (a) cancel the account back to COURT, or (b) file a claim on behalf of
COURT. If COURT desires that ARMI file a claim, ARMI will retain the "fee -added" amount
of the account whether or not that fee is allowed by the bankruptcy COURT as an
allowable claim (i.e., if the principal obligation is allowed, but the collection fee is not, ARMI
will deduct its fee from the allowed principal claim on a pro-rata basis).
15. Assignments. Neither party to this Agreement shall assign this Agreement, nor any
interest, right or responsibility arising herein, without the written consent of the other party;
provided that ARMI can forward individual accounts to out-of-state collection agencies if
deemed prudent by ARMI to effect collection. If ARMI forwards an account to an out-of-
state agency, said agency must agree to comply with the terms of this agreement, and
ARMI will indemnify and defend the City should a claim arise as the result of the conduct
of said agency.
15. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver
of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
17. Severability. In the event any term or condition of this Agreement or application thereof to
any person or circumstance 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.
09-02-09 WA COURT
COLLECTION SERVICES AGREEMENT
Page 4
18. Notices. All notices, requests, demands, consents and other communications hereunder
(excepting those day-to-day communications necessary or desirable in the ordinary course
of performing or facilitating the performance of the services contemplated by this
Agreement) shall be in writing and shall be deemed to have been duly given when either
(a) personally delivered; or (b) when deposited via certified mail, return receipt requests,
postage prepaid to the intended recipient set forth below:
If to ARMI: Harry Neerenberg, CFO
AllianceOne Receivables Management Inc.
4850 E. Street Road, Suite 300
Trevose, PA 19053
With a copy to: Renee Linnabary, SVP
AllianceOne Receivables Management Inc.
6565 Kimball Drive, Suite 200
Gig Harbor, WA 98335
If to COURT: Deborah M. Hunt, Court Administrator
Port Orchard Municipal Court
216 Prospect Street
Port Orchard, WA 98366
19. Taxes. COURT agrees to pay all sales, use or similar taxes as may be applicable to the
services rendered by ARMI.
20. Account Audits. COURT may audit ARMI's records pertaining to accounts assigned for
collection upon reasonable notice.
21. Non-discrimination. ARMI, in its collection efforts, will not discriminate against any
DEBTOR on the basis of race, color, creed, religion, sex, national origin or other protected
status. ARMI will comply with the requirements of the Americans with Disabilities Act of
1992, and all regulations interpreting or enforcing said Act.
22. Beneficiaries to Contract. This Agreement is entered into for the benefit of COURT and
ARMI. No third -party beneficiaries are intended to be created or are created hereunder,
and no other party can derive any benefit herefrom.
23. Enforcement of Underlying Rights of Court. Not withstanding anything in this Agreement to
the contrary, ARMI is specifically granted the right in any dispute, claim, controversy or
action asserted against ARMI by an account debtor or third party, to enforce any right
COURT might have to compel arbitration, or to prohibit a jury trial or class action. ARMI is
authorized to exercise any right COURT might have to call or contact any wireless
telephone or other wireless device manually or by automated means; or to call or contact
any person using a pre-recorded or artificial voice. To the extent provided in this section,
ARMI shall be considered an "agent" of COURT.
24. Entire Agreement. This Agreement constitutes the entire understanding between ARMI
and COURT regarding collection services provided to COURT by ARMI, and may not be
modified except by written agreement signed by both parties. This agreement supersedes
any prior Agreement, unless incorporated herein by reference.
25. Choice of Law and Venue. This Agreement shall be interpreted according to the laws of
the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
09-02-09 WA COURT
COLLECTION SERVICES AGREEMENT Page 5
26. License. ARMI will supply to CLIENT a copy of its collection agency license within 30 days
of the execution of the Agreement.
IN WITNESS WHEREOF, the parties have executed this contract on the date last written below.
AllianceOne Receivables Management, Inc.
TITL
ADDRESS:
6565 Kimball Drive, Suite 200
P. O. Box 2449
Gig Harbor, WA 98335-4449
09-02-09 WA COURT
City of Port Orchard
IN
TITLE:
ADDRESS:
216 Prospect Street
Port Orchard, WA 98366
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7A Meeting Date:
Subject: Appointment of Mayor Pro-Tempore Prepared by:
For 2010
Atty Routing No:
Atty Review Date:
January 12, 2010
Patti Kirkpatrick, CMC
Citv Clerk
NA
Summary: According to RCW 35.23.191 the City Council at their first meeting of each calendar
year shall appoint a Mayor Pro-Tempore from the current Councilmembers.
RCW R5.2.'JAo1 reads: City council -- Mayor pro tempore.
The members of the city council, at their first meeting each calendar year and
thereafter whenever a vacancy occurs in the office of mayor pro-tempore, shall
electfrom among their number a mayor pro-tempore, who shall hold office at the
pleasure of the council and in case of the absence of the mayor, perform the duties
of mayor except that he or she shall not have the power to appoint or remove any
officer or to veto any ordinance. If a vacancy occurs in the office of mayor, the
city council at their next regular meeting shall elect from among their number a
mayor, who shall serve until a mayor is elected and certified at the next
municipal election.
The mayor and the mayor pro-tempore shall have the power to administer oaths
and affirmations, take affidavits and certify them. The mayor or the mayor pro-
tempore when acting as mayor shall sign all conveyances made by the city and
all instruments which require the seal of the city.
Recommendation: Elect a Mayor Pro-Tempore for 2010.
Motion for consideration: I move to elect
2010.
as the Mayor Pro-Tempore for
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7B
Subject: Adoption of Resolution No. oo3-10
Authorizing the Mayor to Execute
an Interlocal Agreement with the
Association of Washington Cities
Risk Management Service Agency
Meeting Date: January 12, 2010
Prepared by: Patti Kirkpatrick, CMC
City Clerk
Atty Routing No: 198-o9
Atty Review Date: January 4, 2010
Summary: The Association of Washington Cities/Risk Management Service Agency has
proposed an update to the 1989 Interlocal Agreement, which established the Risk Management
Service Agency. The Association of Washington Cities offers coverage to its members providing
cost stability and long-term savings for property and liability coverage. The proposed language
allows AWC RMSA to deal with the day-to-day operations of the risk management service
agency portion. The City Attorney has reviewed the contract.
Recommendation: Staff recommends adoption of Resolution No. 003-1o, authorizing the Mayor
to execute Interlocal Agreement No. C014-10, with the Association of Washington Cities Risk
Management Service Agency commencing January 1, 2010.
Motion for consideration: I move to adopt Resolution No. 003-10, authorizing the Mayor to
execute an Interlocal Agreement No. C014-10, with the Association of Washington Cities Risk
Management Service Agency commencing January 1, 2010.
Fiscal Impact: None.
Alternatives: Not approve the contract and provide direction to staff.
Attachments: Resolution No. 003-10
Interlocal Agreement No. C014-10
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
January 12, 2010
Adopted:
RESOLUTION NO. 003-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING AN INTERLOCAL AGREEMENT
WITH THE ASSOCIATION OF WASHINGTON CITIES (AWC)
RISK MANAGEMENT SERVICE AGENCY (RMSA)
WHEREAS, the Risk Management Service Agency (RMSA) is a municipal self-
insurance pool formed January 1, 1989, under RCW 48.62, to provide property and
liability insurance coverage to participating members of the AWC; and
WHEREAS, the City of Port Orchard has been a member of the RMSA self-
insurance pool since 1989; and
WHEREAS, the Association of Washington Cities (AWC) RMSA has proposed
an update to the 1989 Interlocal Agreement, which established the Risk Management
Service Agency, and the new proposed Interlocal Agreement adds language to deal with
the day-to-day workings of the RMSA; and
WHEREAS, the AWC RMSA offers coverage for its members to provide cost
stability and the potential for long-term savings for property and liability coverage; and
WHEREAS, the RMSA is sponsored by the Association of Washington Cities as
a service to Washington cities and towns; and
WHEREAS, the City of Port Orchard has determined that the Interlocal
Agreement would be beneficial in managing the municipal risks involved in providing
services to its citizens, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City of Port Orchard hereby agrees to enter into and abide
by the Interlocal Agreement No. 0003-10, (attached hereto as Exhibit A
and incorporated herein by reference) which constitutes a contract
between the City of Port Orchard and the AWC RMSA commencing
January 1, 2010, and the Mayor is hereby authorized to execute such
documents as are necessary pursuant to this resolution.
Resolution No. 003-10
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 12th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
INTERLOCAL AGREEMENT
OF THE ASSOCIATION OF WASHINGTON CITIES
RISK MANAGEMENT SERVICE AGENCY
Contract No. 003-10
Revised 2009
TABLE OF CONTENTS
..........................................................................................................
Page
PREAMBLE................................................................................................................1
RECITALS................................................................................................................1
ARTICLE1
Definitions................................................................................................
3
ARTICLE2
Purposes.................................................................................................
4
ARTICLE3
Agency Offices........................................................................................
5
ARTICLE 4
Parties to Agreement...............................................................................
5
ARTICLE 5
Term of Agreement..................................................................................
5
ARTICLE 6
Financial Obligations of Agency...............................................................
5
ARTICLE 7
Powers of the Agency.............................................................................
5
ARTICLE 8
The Board of Directors & their Powers & Responsibilities ........................
6
ARTICLE 9
Operating Committee...............................................................................
7
ARTICLE10
Coverage.................................................................................................7
ARTICLE 11
Bond Requirements.................................................................................7
ARTICLE 12
Responsibility of the Agency....................................................................
7
ARTICLE 13
Responsibilities of Members....................................................................
8
ARTICLE14
New Members.........................................................................................
9
ARTICLE 15
Defense of Agents...................................................................................
9
ARTICLE16
Withdrawal...............................................................................................9
ARTICLE 17
Termination by Agency..........................................................................
10
ARTICLE 18
Effect of Withdrawal or Termination.......................................................
10
ARTICLE 19
Termination and Distribution..................................................................
10
ARTICLE 20
Bylaws and Manual................................................................................
11
ARTICLE21
Notices..................................................................................................
11
ARTICLE22
Amendment...........................................................................................
11
ARTICLE23
Enforcement..........................................................................................
11
1
ARTICLE 24 Prohibition Against Assignment............................................................. 11
ARTICLE 25 Severability............................................................................................ 11
ARTICLE 26 Agreement Complete............................................................................. 12
ARTICLE 27 Signature in Counterparts .................................... ............................... 12
ARTICLE 28 Authorization of Signature...................................................................... 12
.a
INTERLOCAL AGREEMENT:
OF THE ASSOCIATION OF WASHINGTON CITIES
RISK MANAGEMENT SERVICE AGENCY
PREAMBLE
THIS AGREEMENT is made and entered into in the State of Washington by and among the
members organized and existing under the Constitution or laws of the State of Washington, hereinafter
collectively referred to as "Members", and individually as "Member", which are parties signatory to this
Agreement. Said Members are sometimes referred to herein as "Parties".
RECITALS
WHEREAS, Ch. 48.62 RCW provides that two or more local governmental agencies may, by
Interlocal Agreement, provide insurance for any purpose by one or more of certain specified methods;
WHEREAS, the Association of Washington Cities, the sponsoring entity, of the Risk Management
Service Agency ("Agency"), would like to maintain the long-standing relationship that has been achieved
over the years because of the mutual goals of both entities, which is to support all cities and towns in
Washington State;
WHEREAS, the Association of Washington Cities as sponsor of the Agency desires to provide its
Members, as well as other Local Governmental Entities, the opportunity to jointly self -insure or pool their
primary risks to enhance their ability to control their insurance programs and coverages;
WHEREAS, each of the parties to this Agreement desires to join together with the other parties
for the purpose of pooling their self -insured losses and jointly purchasing excess insurance and
administrative services in connection with a joint protection program for said parties; and
WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do
so;
NOW, THEREFORE, in consideration of all of the mutual benefits, covenants and agreements
contained herein the parties hereto agree as follows:
ARTICLE 1
Definitions
The following definitions shall apply to the provisions of this Agreement:
1.1 "Administrative Agent," shall mean the Association of Washington Cities that provides third
party administration (TPA) services to the Agency.
1.2 "Agency" shall mean the Association of Washington Cities Risk Management Service Agency
(RMSA).
1.3 "Assessment' shall mean the moneys paid by the members to the Agency.
1.4 "Association" shall mean the Association of Washington Cities.
1.5 `Board of Directors" or "Board" shall mean the governing body of the Risk Management Service
Agency (RMSA) as duly elected by the members of the Agency.
1.6 "Claims" shall mean demands made against the Agency arising out of occurrences which are
within the Agency's Joint Protection Program as developed by the Board of Directors.
1.7 "Excess insurance" shall mean that insurance purchased or other financing arrangements
made on behalf of the Agency to protect the funds of the Agency against catastrophes or against
an unusual frequency of losses during a single year.
1.8 "Fiscal Year" shall mean that period of 12 months, from January 1 to December 31, which is
established as the fiscal year of the Agency.
1.9 "Insurance" shall mean and include self-insurance through a funded program and/or commercial
insurance contract.
1.10 "Joint Protection Program" shall mean the program established by the Board of Directors and
intended to address the general operation of the Agency.
1.11 "Local Governmental Entity" shall mean every unit of local government, both general purpose
and special purpose, and shall include, but not be limited to, counties, cities, towns, port districts,
public utility districts, water districts, sewer districts, fire protection districts, irrigation districts,
metropolitan municipal corporations, conservation districts, and other political subdivisions,
governmental subdivisions, municipal corporations, and quasi municipal corporations.
1.12 "Operating Committee" shall mean the standing committee of the Agency.
1.13 "Signatory" or "Signatories" shall mean those parties who sign this Agreement, including
execution by Counterpart, thereby becoming a Member of the Agency bound by the terms of this
Agreement.
ARTICLE 2
Purposes
2.1 This Agreement is entered into by the Members to provide for self-insurance pooling and/or the
economical purchase of primary Insurance and/or Excess Insurance coverage for all forms of
Insurance available or required by law for Local Governmental Entities and for which state law
authorizes the formation of pooling organizations to provide such Insurance, to reduce the
amount and frequency of the Members' losses, and to decrease the cost incurred by the
Members in the handling and litigation of claims. This purpose shall be accomplished through the
exercise of the powers of the Members jointly in the creation of a separate public Agency, the
Association of Washington Cities Risk Management Services Agency, to direct and administer a
Joint Protection Program wherein the Members will engage in certain activities, including but not
limited to the following:
2.1.1 Pool their losses and Claims;
2.1.2 Jointly purchase Excess Insurance; and
2.1.3 Jointly purchase administrative and other services including:
2.1.1.1 Claims adjusting;
2.1.1.2 Data processing;
2.1.1.3 Risk management consulting;
2.1.1.4 Loss prevention;
2.1.1.5 Legal; and
2.1.1.6 Miscellaneous related services.
2.2 It is also the purpose of the Agreement to provide, to the extent permitted by law, for the inclusion
at a subsequent date of such additional Local Government Entities organized and existing under
the Constitution or laws of the State of Washington as may desire to become parties to this
Agreement and members of the Agency, subject to approval by the Board of Directors.
2.3 It is also the purpose of this Agreement to provide, to the extent permitted by law, that the Agency
may, at the discretion of its Directors, contract with non-member Local Government Entities in the
State of Washington.
Article 3
Agency Offices
3.1 Principal Executive Office
The principal executive office for the transaction of business of the Agency shall be located at
1076 South Franklin, Olympia, WA 98501. The Administrative Agent in cooperation with the
Board of Directors of the Agency shall have the authority to change the location of the principal
executive office from time to time.
3.2 Other Offices
Other business offices may be at any time be established by the Administrative Agent in
cooperation with the Board of Directors of the Agency at any place or places where the Agency is
qualified to do business.
ARTICLE 4
Parties to Agreement
Each party to this Agreement certifies that it intends to and does contract with all other parties
who are Signatories of this Agreement and, in addition, with such other parties as may later be added to
and Signatories of this Agreement pursuant to Article 14. Each party to this Agreement also certifies that
the deletion of any party from this Agreement, pursuant to Articles 16 and17, shall not affect this
Agreement nor such party's intent to contract as described above with the other parties to the Agreement
then remaining.
ARTICLE 5
Term of Agreement
This Agreement shall become effective on January 1, 2010, and shall be of unlimited duration,
but not less than one year, and will continue unless terminated as hereinafter provided in Article 19.
ARTICLE 6
Financial Obligations of Agency
Pursuant to Ch. 48.62 RCW, of the State of Washington, the debts, liabilities, and obligations of
the Agency shall not constitute debts, liabilities, or obligations of any party to this Agreement.
ARTICLE 7
Powers of the Agency
7.1 Agency shall have the powers provided for by law and is hereby authorized to do all acts
necessary for the exercise of said powers, including, but not limited to, any or all of the following:
7.1.1 Contract or otherwise provide for risk management and loss control services;
7.1.2 Contract or otherwise provide legal counsel for the defense of Claims and/or other
legal services;
7.1.3 Consult with the Washington State Risk Manager and State Auditor;
7.1.4 Jointly purchase Insurance coverage in such form and amount as the organization's
participants may by contract agree;
7.1.5 Incur debts, liabilities, or obligations;
7.1.6 Acquire, receive, hold, or dispose of property, funds, services, and other forms of
assistance from persons, firms, corporations, and governmental entities;
7.1.7 Sue and be sued in its own name;
7.1.8 Hire employees and agents; and
7.1.9 Exercise all powers necessary and proper to carry out the terms and provisions of this
Agreement, or otherwise authorized by law.
7.2 Said powers shall be exercised to the terms hereof and in the manner provided by law.
ARTICLE 8
The Board of Directors and their Powers and Responsibilities
8.1 The Agency, its funds and service programs shall be administered by a Board of Directors.
8.2 Number of Directors
There shall be seven (7) Directors of the Agency, who shall be elected officials representing
members of the Agency.
8.3 Acceptance of Appointment by Directors
Each Director shall sign a document accepting their appointment as Director and agreeing to
abide by the terms and provisions of this Interlocal Agreement and the Bylaws.
8.4 Powers and Responsibilities of the Board of Directors
The Board of Directors of the Agency shall have the following powers and functions:
8A.1 The Board shall have the power to review, amend, modify, adopt, override, or reject
the Operating Committee's recommendations.
8.4.2 The Board shall review, modify if necessary, and approve the annual operating budget
of the Agency.
The Board shall receive and review periodic accountings of all funds of the Agency.
8.4.3 Annually the Board shall review, amend, adopt, or reject the Operating Committee's
recommendation of the assessment rate to be charged to the members of the Agency.
8.4.4 The Board shall review, modify if necessary, and approve the Joint Protection
Program (JPP), which identifies Agency and Member coverages, the Agency's
Bylaws, and manuals.
8.4.5 The Board shall have the power to conduct all business on behalf of the Agency,
which the Agency may conduct under the provisions hereof and pursuant to law.
8.4.6 The Board shall determine and select all necessary Insurance, including Excess
Insurance, necessary to carry out the Joint Protection Program of the Agency.
8.4.7 The Board shall have authority to contract for or develop various services for the
Agency, including, but not limited to, an administrative agent, claims adjusting, loss
control, risk management consulting services, independent actuary services,
independent claims auditing services, and general counsel.
8.4.8 The Board shall have such other powers and functions as are provided for in this
Agreement or those which are necessary to implement the purposes of this
Agreement, including, but not limited to, the power to authorize contracts.
ARTICLE 9
Operating Committee
The Operating Committee shall consist of nine (9) representatives from Member entities
participating in the Agency. All members of the Operating Committee shall be appointed officials not
elected officials. It is the Board's intent that the committee assists the Board and/or the Administrative
Agent, with the operations of the Agency and to keep the Board advised on all aspects of Agency
operations including professional standards.
ARTICLE 10
Coverage
10.1 The type and limits of the Insurance coverage provided for Members by the Agency shall be
established by the Board of Directors.
10.2 The Board may arrange purchase of a group policy for Members interested in obtaining additional
types or limits of coverage at additional cost to those participating Members. Such additional cost
may include an administrative fee for the Agency's services.
10.3 The Board may arrange for the purchase of any other Insurance or services deemed necessary
to protect the Agency or funds held by the Agency against catastrophe.
ARTICLE 11
Bond Requirements
The Board may require that the Administrative Agent authorized to disburse funds of the Agency,
provide a fidelity bond in the amount as set by the Board, and provide that such bond be paid by the
Agency.
ARTICLE 12
Responsibility of the Agency
The Agency shall perform the following functions in discharging its responsibilities under this
Agreement:
12.1 Provide Insurance coverage as deemed necessary, including but not limited to a self-insurance
fund and commercial insurance, as well as excess coverage and other insurance, such
insurance, to be arranged by negotiation or bid, and/or purchase, as necessary;
12.2 Assist each Member's designated risk manager with the implementation of the risk management
functions within the Member entity;
12.3 Provide loss prevention, safety, and consulting services to Members as required;
12.4 Provide Claims adjusting and subrogation services for Claims covered by the Agency's Joint
Protection Program;
12.5 Provide loss analysis by the use of statistical studies, data processing, and record and file -
keeping services, to identify high exposure operations and to evaluate proper levels of self -
retention and deductibles;
12.6 Assist Members, as requested, with review of their contracts to determine sufficiency of indemnity
and Insurance provisions;
12.7 Conduct risk management audits to review the participation of each Member in the program. The
audit shall be performed by appointed Agency staff or, at the discretion of the administrative
agency, and/or an independent auditor may be retained by contract to conduct the audits;
12.8 Provide for the defense of any civil action or proceeding brought against any officer, employee,
Board member, or other agent of the Agency, in their official or individual capacity or both, on
account of an act or omission within the scope of their agency as an agent of the Agency;
12.9 Abide by the rules and regulations as stated or hereinafter amended of RCW 48.62 and WAC 82-
60; and
12.10 The Agency shall have such other responsibilities as deemed necessary by the Board of
Directors in order to carry out the purposes of the Agreement.
ARTICLE 13
Responsibilities of Members
Members shall have the following responsibilities:
13.1 All Agency members must maintain membership in the Association of Washington Cities.
13.2 Each member shall appoint an employee of the member entity to be responsible for the risk
management function within that member entity and to serve as a liaison between the Member
and the Agency as to risk management.
13.3 Each Member shall maintain an active safety officer and/or committee, and shall consider all
recommendations of the Agency concerning the development and implementation of a loss
control policy to prevent unsafe practice(s).
13.4 Each Member shall maintain its own set of records, as a loss log, in all categories of loss to
insure accuracy of the Agency's loss reporting system.
13.5 Each Member shall promptly pay its assessment and any readjusted amount promptly to the
Agency when due. After withdrawal or termination, each Member shall pay promptly to the
Agency its share of any additional assessment and accrued interest at a rate determined by the
Board, when and if required of it by the Board.
13.6 Each Member shall provide the Agency with such other information or assistance as may be
necessary for the Agency to carry out the Joint Protection Program under this Agreement.
13.7 Each Member shall in any and all ways cooperate with and assist the Agency, and any insurer of
the Agency, in all matters relating to this Agreement and covered losses, and will comply with all
Bylaws, rules, and regulations adopted by the Board of Directors.
13.8 All members shall cooperate with the Agency and assist with investigations, making settlements,
and defense or prosecution of suits; cooperate and assist the Agency in enforcing any right of
contribution, indemnity or subrogation in which the Agency may have an interest by virtue of a
payment made pursuant to the Bylaws, interlocal agreement or the Joint Protection Program
(JPP); attend hearings and trials and assist in the securing and giving evidence and obtaining the
attendance of witnesses; use due diligence and do and concur in doing all things reasonably
practicable to avoid or diminish any loss of or damage to the property herein insured.
ARTICLE 14
New Members
14.1 Additional Members shall be permitted to become Signatories to this Agreement, and to the Joint
Protection Program. All potential members to the Agency must be members of the Association of
Washington Cities or become members prior to acceptance into the Agency. The Directors shall
allow entry into the program of new members approved by the Board of Directors at such time
during the year as the Board deems appropriate.
14.2 Members entering under this Article may be required to pay their share of expenses as
determined by the Board, including those necessary to analyze their loss data and determine
their assessment.
ARTICLE 15
Defense of Agents
For purposes of this article, "agent" means any person who is or was: a Director, an Operating
Committee member, an officer, or an agent acting on behalf of the Agency or Administrative Agent.
15.1 The Agency shall provide for the defense of any agents and paying of any valid judgments and
claims brought against any such agent arising from their actions or conduct in their official or
individual capacity or both, on account of an act or omission within the scope of their
responsibility; provided, however, this section shall not apply to those occurrences covered by an
Agency policy of liability insurance or if the claim or judgment results from the intentional
misconduct of said agent.
ARTICLE 16
Withdrawal
16.1 A Member signing this Agreement may not withdraw as a party to this Agreement and as a
Member of the Agency for a one-year period commencing on the date said Member signs the
Agreement.
16.1.1 After the initial one-year non -cancellable commitment provided pursuant to this Agreement, a
Member may withdraw only at the end of any Fiscal Year, provided it has given the Agency a
12-month written notice of its intent to withdraw from this Agency.
16.2 A Member shall be entitled to withdraw from the Agency where it presents to the Board of
Directors evidence demonstrating a material breach of contract by the Agency as regards its
obligations to the Member. The Member shall be allowed to withdraw from the agency within
ninety (90) days of any finding by the Board of Directors that a material breach of contract by the
Agency has occurred. The withdrawal of any Member under the conditions identified here shall
not however free it from any and all requirements made of any withdrawing Member.
ARTICLE 17
Termination by Agency
17.1 The Agency shall have the right to terminate any Member's participation in the Joint Protection
Program upon a motion approved by three-quarters (75%) vote of the entire Board of Directors.
The Board of Directors may, prior to taking action on such a motion, request that the Operating
Committee review and make recommendations to the Board on any allegation giving rise to the
request to terminate, including failure to: comply with a written condition, disregard of safety or
risk management standards, noncompliance with any provision of this Interlocal and/or the
Bylaws of the Agency.
17.2 Any Member so cancelled shall be given one hundred eighty (180) days notice prior to the
effective date of the cancellation. Any Member so cancelled shall have a period of up to six (6)
months coverage under the terms of this or may affect alternate insurance or self-insurance
arrangements if it so desires. Any Member so cancelled shall be treated as if it had voluntarily
withdrawn.
ARTICLE 18
Effect of Withdrawal or Termination
18.1 The withdrawal of any Member from this Agreement shall not terminate the same.
18.2 No Member by withdrawing shall be entitled to payment or return of any assessment,
consideration of property paid, or donated by the Member to the Agency, or to any distribution of
assets.
18.3 The withdrawal of any Member shall not terminate its responsibility to contribute its share or
assessment or funds to any fund or Insurance program created by the Agency until all Claims, or
other unpaid liabilities, covering the period the Member was Signatory hereto have been finally
resolved and a determination of the final amount of payments due by the Member or credits to the
Member for the period of its membership has been made by the Board of Directors. In connection
with this determination, the Board may exercise similar powers to those provided for in Article 17,
Termination by Agency, of this Agreement.
18.4 Any withdrawing or terminated Member shall not be permitted to rejoin the Agency for a period of
three (3) years.
ARTICLE 19
Termination and Distribution
19.1 This Agreement may be terminated at any time by the written consent of three -fourths (75%) of
the Members, provided, however, that this Agreement and Agency shall continue to exist for the
purpose of paying all debts and liabilities, disposing of all Claims, distributing net assets, and
otherwise winding up and liquidating the affairs of the Agency. The Board of Directors is vested
with all powers of the Agency during such winding up and liquidation, including the power to
require Members, including those which are Members at the time the claim arose or at the time
the loss was incurred, to pay their share of any additional amount of assessment deemed
necessary by the Board for final disposition of all Claims, losses, and liabilities covered by this
Agreement. Such additional assessment shall be determined and thereafter adjusted, if
necessary.
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19.2 Upon termination of this Agreement, all assets of the Agreement shall be distributed only among
the parties that are Members of the Joint Protection Program, in accordance with and
proportionate to their cash payments and property contributions made during the term of this
Agreement. The Board shall determine such distribution within six (6) months after the last
pending claim or loss covered by this Agreement has been finally disposed of.
19.3 The Board is vested with all powers of the Agency for the purpose of winding up and dissolving
the business affairs of the Agency. These powers shall include the power to require Members,
including those which were Members at the time the claim arose or at the time the loss was
incurred, to pay their share of any additional amount of assessment deemed necessary by the
Board for final disposition of all Claims and losses covered by this Agreement. A Member's share
of such additional assessment shall be determined on the same basis as that provided for annual
assessments, and shall be treated as if it were the next year's annual assessment for that
Member.
ARTICLE 20
Bylaws and Manual
The Board has developed Agency Bylaws and a policy and procedure manual that governs the
day-to-day operations of the Agency. Each Member shall receive a copy of any Bylaws, policy statement,
or manual developed under this Article.
ARTICLE 21
Notices
Notices to Members hereunder shall be sufficient if mailed to the last address, or electronic mail,
provided to the Agency by the respective Member postal mail will be deemed received three (3) days
after mailing.
ARTICLE 22
Amendment
This Agreement may be amended at any time by the written approval of three-quarters (75%) of
all Members of the Agency.
ARTICLE 23
Enforcement
The Agency is hereby granted the authority to enforce this Agreement. In the event action is
instituted to enforce any term of this Agreement or any term of the Bylaws against any City Member
which signed this Agreement, the substantially prevailing party in such dispute shall be entitled to its
costs and reasonable attorney's fees.
ARTICLE 24
Prohibition Against Assignment
No Member may assign any right, claim, or interest it may have under this Agreement, except to
a successor entity following reorganization. No creditor, assignee, or third -party beneficiary of any
Member shall have any right, claim, or title to any part, share, interest, fund, assessment, or asset of the
Agency. Should any participating Member reorganize in accordance with the statutes of the State of
Washington, the successor in interest, or successors in interest, may be substituted as a Member upon
approval by the Board.
ARTICLE 25
Severability
In the event that any article, provision, clause, or other part of this Agreement should be held
invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not
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affect the validity or enforceability with respect to other articles, clauses applications, or occurrences, and
this Agreement is expressly declared to be severable.
ARTICLE 26
Agreement Complete
The foregoing constitutes the full and complete Agreement of the parties. There are no oral
understandings or agreements not set forth in writing herein.
ARTICLE 27
Signature in Counterparts
This Agreement may be executed in any number of Counterparts and each of such Counterparts
shall for all purposes constitute one Agreement, binding on all Members, notwithstanding that all
Members are not Signatories to the same Counterpart. All references herein to this Agreement are
deemed to refer to all such Counterparts.
ARTICLE 28
Authorization of Signature
Each Member signing this Agreement has passed the required Ordinance or Resolution
authorizing and approving this Agreement, a certified copy of which Ordinance or Resolution is attached
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authorized
officials thereof.
Association of Washington Cities (AWC)
Risk Management Service Agency (RMSA)
B �r
Y
(Member Name)
am
, Mayor
(Printed name)
Date /,2 i0o 7 Date
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