AG 13-226 - ASSOCIATION OF WASHINGTON CITIESDATE IN: JDTE OUT: I TO: Jean Stanley
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION /DOCUMENT REVIEW /SIGNATURE ROUTING SLIP
ORIGINATING DEPT. /DIV: Human Resources
2. ORIGINATING STAFF PERSON: Jean Stan(
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
EXT: 2532 3. DATE REQ: ASAP
❑ PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (E.G. AGREEMENT &
❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT
❑ SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ)
(LESS THAN $200,000) ❑ CONTRACT AMENDMENT AG #:
❑ PURCHASE AGREEMENT) ❑ CDBG
(MATERIALS, SUPPLIES, EQUIPMENT) ® OTHER Interlocal Agreement
❑ REAL ESTATE DOCUMENT
5. PROJECT NAME: Health Care Program through the AWC Benefit Trust
6. NAME OF CONTRACTOR: Association of Washington Cities
ADDRESS: TELEPHONE
SIGNATURE NAME: Michael A. McCarty TITLE Chief Executive Officer
7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE
8. TERM: COMMENCEMENT DATE: 1 -1 -2014 COMPLETION DATE: Perpetual
9. TOTAL COMPENSATION $ see agreement (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES Z NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ZNO IF YES, $ PAID BY: ❑ CONTRACTOR O CITY
10. CONTRACT REVIEW
❑ PROJECT MANAGER
DIRECTOR
RISK MANAGEMENT
Z LAW
11. CONTRACT SIGNATURE ROUTING
❑ LAW DEPARTMENT
Z MAYOR
❑ CITY CLERK
Z SIGN COPY BACK TO ORGINATING DEPT.
Z ASSIGNED AG# 13 -226
PURCHASING: PLEASE CHARGE TO:
INITIAL/DATE APPROVED
INITIAL/DATE APPROVED
COMMENTS
Per Council approval on October 1, 2013 - Resolution No. 13 -647.
07/05
INITIAL/DATE APPROVED
INITIALMATE APPROVED
ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST
HRALTH CARE PROGRAM
EN I'ERLOCAL AGREEAUNT
This Agreement is made and entered into in the State of Wash*gton by and among tine
Awci4fm of Washington Cities Employee Benefit Trust (the -rwsr) aD4 cities and towns,
and non-city ntities o ,
ty xgan�l and Heisting under the Consittufion.or laws afthte State of
Washington and mrito are members, of the. Th t ("Participating Cites anti Towns," or
ty ; ttie all of whom are signatories to :this meat.
'Participating Non-City Ian. , ` .
"I X40 V
WHEREAS, the Trust is an entity to which contdbut ons by P"ch*ing Cities and
Towns and Non-City Entities (defined below) and Participating E niployees (mod below). are
paid and through: which. tote Doard of Trustees provides one or more insured health and welfare
benefit plans or programs to Participating Employees, their covered dependents and other
beneficiaries ("Belief curies'), on whose behalf the contributions were pain; and
WE1 tho TxvsE a as a voluntary caVloyree b crazy association within
the meaning of Sectiou, SOI(e7(9) oft}te internal Revenue Code CWERA") pmvidiug for the
payment of life, sick, accident or other benefits to Beneficiaries; and
WIGS, the Trutt and the Participating Cities and Towns nave determined that it is
in the best interest of Parompattng Cities and Towns.to,jdu* self. -insm aeatain health benefit
Plains and programs flog $erieficiaries throes a designated aciwmt within the Trust, while at the
e time having the Trust continue as the entity to which health and wel a benefit plan or
program c ontiibutitms are paid ate through which insured health odvellhte. benefit plans and
programs are provided-to Beneficiaries; and
WHE Ao% it appears economically feasible and practical for the parties to this
Agremrout (defined below) to do so and
WHEREAS miter 49 62 RCW provides that two or inm Iced goverrasen t entities
Vay, by laterlocal agreement under Cher 39.14 RC N, jointly self-insure b calth benefit plans
and programs, andkw jointly .him .dsk mamgeme nt services for swh.plaas or programs by any
one or more of Certain sped mtethods; .and.
WHEREAS, each leedgovenimmt entity that is a signatorybado, as required by
WAC 2MI 10 -030, acts molt the atstbo ity of a resoMon adopft this Agoement and the
Health Care Program (defined below) created herein;
NOW, THEREFORE, for and in consideration of all ofthe awtuat benefits, oovenas
and. r+eemeitts contained built; the Mies Hereto agree as follows:
74a R7.6 e053L3&4=1
ARTICLE I
w "4 j t ' V�
T* follawingare deirmitions of terms used in the Agreement. Unless indicated
o&ftvrm, otherr:terms are defined where they are fiTst used. Defined terms ere e*tar'ted when
used in the defined context.
1.1 Agreaaseot means this lnterlocal Amt entered into under the authority Of
3934 KCW and as required by RCW 48:62.1131(2) bemven the Trust and Pai#cipefog
Employers.
12 AXM99UdM Of WMXbhMt rs Clues or A` C tabas the Association of WasWngpon
fit s; a vat-for-profit me ibe association established pursuant to am laws afire
std of Wig for the purpose c( providing various services to and on. beW ofits
meanber comes.
1.3 Action of WasLtipWw Cities Finaploee Benefit Trust or the Trust mom the trust
a�i3l.at party, anal money held � such amity, iridudmg all caoatraet rights and recaxds,
' 'for the sole puose of pmvrd life, °ictr' accidegt or other health a�ad ,
bes�'tta to Participeting'paes, tir'covta�l deper[ eats arld other ` "
i and which is approvO .by the Irrteansl Revere Service as a A.
1. pye>t$iytt�'e'or 1' nieuns`the a ai iii`
,lo"iZ aftiteTrost A atj ber degatrl esponsi'bitity, by tioa�clof
V60k c1 m lint x,
ti�. nit � �. tsv�g a cry Qf the I3�e�i Sre
Prcin, ytrig "aitd deaeloptg stunt.titn levels airderrefte chaaiges
fotr ration to the Board of Thmteft and pe g oilier duties
ensu 1ba the needs of Pardeiprating Employers am met and the long -team fiznc ai_.
heaht r of ffie leafth Care Frarygra is rr tsined,
1.5- Hvd* C3 t f rogmus meat tip joint self ee:p wwn dffaring self rescued
bW& boeftagons through the HCP Accomti: '
1.6 BCP Aaraowxt n a dw*matod vat wit the Tmst arm mzted byatltis
AFeement, the 'Trust Agreement =d Trast He r Core Program policies A vader the
*Ahgnty of Chapter 48.62 RCW to p wvW self-inswed - health bend tar
tir covered de�tsd'' tfiiries atfurther `. ' ';', m log
r
1 -C fry Entity mcans any pubft qpnW, public corpmdon interpverimaental asiucy
ortpofidcd subdiv aion,�witbinlhe stage of Washington that meets the requirements of
Article M. Section I(c)(ii) and (ii) of the Trust agreement for participation rf o113e Health
Care Pte.
1.8 Paxikloa ft Cky means any city or town wits itt the state of'Washington that meets the
rerjuh=x nis of Article M Section 1(a) or Simon. l (b) of the Trust Agreement.
7 60MLAa-00oat
1..9 Participating Employee. means any individual employed by a Participating Employer
and for whom the Participating Employer makes contributions to the Trust, and any
individual who may have been so employed but is :subsequently laid oft', termiamted, or
retired.
1.10 Pardtipathg ;Employer means a Participating City or Dion-City Entity that is also a
party to this Agreemetrt.
1.11
Resolution MeM the tusolution adopted by each. Participating City or Nom Cit1r Fats'
that authorizes the Health Care Progam.
1.12 State RI.*. Mn ax` or ask Manager means the risk mareageir of flu- Risk ltlanaguit
Division 'withi ft. Dqwtment of Enterprise Services.
1.13 Stop Loa.Ins u dr PlAnsurance means a prprnisc by iusurane company that it
will cover lasses of the Health Care Program ow and Above au a -upon individual
or aggregated amount, which definition shall be modified by any changes to the
defin ort.Qfswp loss inmuenm in WAC 200.1 IMO.
l.l# Third- Party Adminiafratar means the indepeucient assot ro. . genay, enft or
enterprise vvhiaix, Hugh a contractual agreement, vides -one or mote of the fiillovving
ongoing Mvic i s to, the Health Core Program: pool management or administration
services, claims administration services, risk management services; or services far die
design ., ir.... hhientation, or termination of an individual or joint self insturance program.
1.15 Trust Agreon mW means the Trust Agreement Governing the Trust amended and restated
July 1, 2013,and any subsequent amendments thereto.
1.1`6 Trustees or Board of Trustees means the following individuals wd theirsuacey s,
who togs govem the. Trust and the Health Care Program,
1. 16.1 flue AWC Fftodent and the AWC Nice President;,
1:16.2 the EBAC Ch9ir and the EBAC Vice Chair; and
1. 16.3 an individual elected pursuant to the procedures in Article i1i, Section 3 of the.
Trust. Ag=meuat to serve as the trustee from one of the following legions:
(a) Ndtth East Region (l=wn as the "North East Region TnL*e -J
(b) North West Region Omown as the "North West RIWIDn Tristee"Y
(o) South East Region .(known as dw "South East R4on T rustee l; and
(d) South West Region :(known as the "South rest Region Trustee").
Individuals from !Mott -City Entities are not eligible to serve as Trust=$.
7423W7,6003313$ -"Wl
ARTICLE 2
PURPOSE
714s Agreement is entered'into for the purpose -of audwrizing the Health Care Program,
ereatad by the Trust to provide seliU "lasorod health benefits to Paticipating $mpiO3 s„ their
covered dependents and other beneficiaries. The Health Care Program: s comply whh tits
statutory provisions found in Chapters 49.52 and 39.34 RCW and the regulatory requkements
0oftlained in WAC 200 -110 applicable to joint self - insurance programs.
ARTICLE 3
PAR'
Each party to this Agreement Oeitifift that it intends to particle in the Health Care
PrOgMM P cipating Employers am 9ga tories of this Agreement to become effective on a
date` to he mutually detrmined (the eve ") and with such other Participating Cities
and Non -City Entities as may inter be add,04 to =4 become signatories to this Agree it.
AJtT1C= 4
R o A 151
41 This Agreemmt shall becow effective, on the Effective Date.
4.2: This Anent shall bwe pee wwal duration unless terminated as hereinafter provided.
ARTICLE 5
'ElieHeahh Care Pr wam shall be open to Participating. Cities and Non-City Entities.
Partite in the Health CAft Pwgtain is voluntary and not a requirement of A'W'C
membersip. The Board of Trusts sitali provide' for the reasonable admission of new
Patkipaft Cities and Non-City E ttifies.
AIMME 6
IM7ACCOUNT
6.1 All pmaiam - eontributioas by.P',"cipating Fm4ployem;; Non=City Fatities and
Participating Employees for use in the Health Care Program are depowted into the HCP
Amt.
6.2 The HCP Account reps a post of f6x s that is '
AWC funds and independent f an other Participating of all ocher Trust or
ependent pating Employer and Non -City Eatity
fimds. Thee fimds: deposited into the HCP Account are held, managed and expended only
for the Health Case Pwgram and reasonable expenses, consistent with applicable state
74734347..6 .OS 1394WI
and federal statutes and rules governing joint self - insurance programs and self - insurance
progra= generally.
6.3 The ACP Accolmt is subject to audit by the State Auditor's Office.
ARTICLE 7
1-AU 'T E POWERS RELATED To HEALTH CARE PROGRAM
The Bowd ofTrusteas is provided with the powto and-functions established un t
RCW 49.61031 to accomplish the fallowitW
7.1 Promote the cmnomkal and efcienrt . mains by which health benefits coverage is made
avall*k to ParlimpaUng Employers and Non- City Entities and prwAded to Pat6dpafing
EAVI"eeS, fbeir covered dependents and other beneficiaries,
7.2 Pratect the .uncial integrity of the Health Care Program through pug-chase of `Stop Loss
l mmwe or Reinsurance in such form aod amount as needed;
73 Cone wt for or athervi%ise provide risk management and loss control services;
7.4
Cozztxract for or otherwise provide legal counsel for the defer of claims and other legal
serVices;
7S Consult ilt with tike state insurance commissioner and the State Risk
7.5 Obligate.-the Participating Employers and Non�City Entities to pledge revenues or
contribute money to secure the obligations or pay tt expenses of the Health Care
Program, including the eaiablishment of a reserve or fund for coverage; and
7.7 Exercise all other powers and perform all other functions reasonably necessary to carry
out the purposes ofthe Health Care Program, Chapter 48.62 RCW and Chapter 20( 110
WAC.
ARTICL,I*; $
ORGANIZATION OF HEALTH -CARE PROGRAM
$.l 11e operations of the HAWth Care Program are managed by the Board of Trades or its
delegates. The Try or any delegates review and analyze Health Care Pi-
related matters and snake opera ional decisions regarding premium contiriibu ions,
reserves, Plan: options and benefits in compliance with Chapter 48.62 RCW.
8.2 IU Board of Trustees has decision authority consistent with the Trust Agreement, Health
Cane Program policies, Chapter 48_62 RCW and pter 200-11 0 WAC.
74734347.6 00-3138.00001
ARTICLE 9
PmPONsffluxnw,s QF Tm TRusTEES
9.1 The Board of Truce sltaal 411schaW its responsibilities under this A nt as
follows:
9.1.1 Provide for the efficient went and operation of ttus health Care Program;
9.12 Provide fctr. tl ' coverage options for Patiietpafiog Fh*6y f, thek
covered dependents and other beneficiaries;
9.13 Determine, the level of Stop Loss 1wmwge or Robowance coverage for claims
expenses Awe ft muoussts deemed appropriate for self msorwo ;
9.1.4 Ensmre #bat the Health 4Carc Program meets required state and fideeral statutes and
rules;
9,1.5 Cc UOd w tli: vandors reqUired to meet the respom3ilitits estafhUdW by the
Trust Amt; Health Care
Program policies, and apVlicabk stets and federate
sWutes a&d rnl;
91:6 Mmintaindw balombetwm meting the Health Cart Prop m. nee& of
Pacrticijmft F,,tt ogym and the long- -term f nanoW integrity oftlit Health Care
9.1.7 Prepare.ar annual Fiat repowt on the operatiom off3ie t Hon Prim;
and
9.1.$ Provide for odd savicift deemed appropriate by the Board of Trustees to meet .
the poses of'this Agent.
0-2 The Board of Trustees rosy delegate the responsibilities described in thus Article 9 to the
EBAC or other delegates at its complete discretion.
Aixrlt= io
RESPONSl MZS OF THE PARTICIPATING EMPLOY]KRO
In order to participift- in die HeaM Care Progcairt, Particlpiaft BmpiQl = sha11:
10.1 Be a Pig City or City F in good stag and omplywObUn
requirements of won or ga"cat on as established by the .Board of Trustees;
102 Adopt this AgreeMed by R lwioo, agreeing to its terms and provisions;
103 Submit the Rmhtdon and Agreement to the Trust;
74234347.6M3i38 -Wwi
10.4 Read the terms, conditions and representations set forth in the application agreement
related to participation in the Health Care Program;
10.5 Designate. employee of the Participating Employer to be a contact person for all
Madera relating to the Participating Employer's participation in the Health Care Program;
1-0.6 Ny;premiiums -for ft, Health Care Program to the Third-Party Adminsstaratorreo low than
the tenth day of the month in which the pre ai= is due;
10.7 By formal action of the legisla w body of the PacEi� Employer, BPPmv 1fcies
and procedures necessary to seeure protected health information ("PM. in ace
with.Chaptar 70.02 RCW and the Hem bwarencae Portability and Accountabl'lity Art
(° AA") ply and security rulM ed'at 45 C.F.R. Parts 160 -164;
101 Ptttvide tla Health Care Program with sWh kfiMftdDn or assistance as is n=*=y for
the Health Care Program to meet its rcVbnmlff&es under this Agreement; and . .
10.9 Cooperate with and assist. the Health Care Pwgram and any insurer of Stop Low
lrts iumee or Reinscuance� in-all matters relating to the:adrninistration and operation ofthe
Health Care Progr= and all matters relating to, this Agreement
10.10 Comply with All WwNs, rules,wgulati±ons policies adopted by the Board ofTrustees
relptiag-to the Health Care Program,
AA1`WU -11
SERVE FUND R4VESTNMW
All resew fund investments from the HCP Account shall be mdade:in it manna that is
,consisent with RCW 48:,62.111, crier 39.59 RCW, WAC 200- 110 -0090 and the Health !C. ase
Program lit Policy.
ARTICLE 12
FR4ANCL4L RF"RDS
12.1 111 Board of Trustees shall develop estimated revemie and expenditures to establish a
budpt i'br each fiscal year covering January 1 througb December 31 anmtmlly. Actual.
FkWth CAm Pogram revenues and expendituros shall be monitored monthly by the
Board,ofThistees and reported at its quarterly meetings.
12.2 T -. aecowting records of the Health Caw Program are hued in accordance a With
mks prescribed by the State Auditor's office under the authority of Chapter 43.09
RCW. The Health Care Program also follows :applicable accounting
cstablished by the Gaovernme.ntal. Accounting Standards Board j`GASB"). Year -end
financial reporting is done on an accrual basis and submitted to the Office of the State
Auditor as required by Chapter 200 -110 WAC. Once reviewed and approved by the
74234307 6 0033138 -OOM 1
Office of the State Auditor the year -end financial report is transmitted to the Office of the
State Risk Manager.
12.3 Financial re�*rds oftle HW& Care Program sbatl be S*eet to audit by the Office of the
State Amdhor Year -end financial reports and audit resulb shell be made available to
iilerested patties. The Health Care Program shalt provide fhauqjal int}�rrnation as
required by state statue and nde to the Office of the State Risk Manager.
ARTICLE !3
PAMUMPA10M EMaMOYER TEIRVi WATY+f1 N A,PW1 Wr D LAWAL
I3.1 A Participating llayar must. main in good vrith t Trest ad adhere to the
requkOW00ts Of illis Ate. In the event that a Perdm'pding Employer, fails to be a
Partite City or Ncm -aty ntity in good standing, .partidpatioa in the Health Care
Progtarn s M*04walty tee inate without notice as sbaIl all health and welfare
bend-its provided through 1he Dearth Care Program.
13.2 The Board of Try rrfay take action to terminate memtiei Up or deny, membersMp is
the Health care Prom= where it determines that such .or tl=W is in the best
� afrilte l~� Cat+e- Program
.13.3 When:a Pw cWV EMployees eligc'bMty in the° HektBi Gait PrtWam is affected dine to
merger or anmmth3n, affected P eipating Employer may petition the Board of
Trustees to remain i" the mealth Cane Program.
13.4 A Participating yer 3 owy vvitl draw ifaparde4"00111ti the Health Cate
Pin at the end ofthe calendar year and-must p xMde w,dttatt W ic<e to the TrW xrt
least tbir -bi a t31 } :days ice' advance ofthe end of the zlendar year( _oenbec 3lst). ,
13.5 In the eve3 t. of withdrawal -or non renewal, the Health. Care Program will cover any attthe
Participating Employer's remaining outstanding. Heakilt Care Program claims expenses
incurred pnor lo-ft Ming Employer'`s withdtawal fkam or non- retrewal in the
Heattlt. Care Frog,
13.6 f
o
use
wi#bdvvt or aglt r Masan, has any right or
Omnibus Budget Rwaw liattazt Act of 1985 as im6ntled'(COBRA) partceipaafs and
oantract del and e.approved by the Bcu afT sled foifeit all
right and interest to tlelkP Ae�sount.
fi4ft4M?A0Mt38. W1
ARTICLE 14
TERMINATION OF HEALTH CARE PROGRAM
14.1 In the event the health Care Program is tesminat4 the Board of Trusts shall distribute
the: remaining Amds in the HCP Account to The Trost or any successor lion
authorimd by meter 39.34 RCW Apr Hke, purposes for use in any program with similar
putpoaes-
14.2 Upon termination, this Agreementand the HCP Account shall stye fat dte pitxww of
paying ring outstanding o1alms and a eases and fidfilling all oth w fps
accessay to .complete the busineso of the Hcd& Care Program.
MEETINGS, NOTICES ANA► COMMUNICATIONS
15.1 'The Board of Trustees and the .I BA #f any respc►nsibiiities for Trust m=09m00thave
been delegated theme, shall provide mi ce of their regular and special :nth anti hold
tlLkt meetings in .accordance with Chapter 4230, RCW Open Public h teliAgs A#.
15.2 Comammeadens with Participating Employers may occur using mail, email or posting on
the Health Care Frogmen webslte. The website shall be Wined to prom
infamrfion for the pneral public ant infarmWon specific to Participating Employers
and their employees.
1;3.3 Communicadons may come &recdy from the Health Care Program, though the
Tbird-Party Administrator or through another vendor on behalf of the health Care
Program.
ARTICLE 1&
AIYIENb.AGUM TO VWI%RLOCAL AGREEMENT
1.1 The Board ofTrus#s shall review a arxalyze any proposed amt to this
Agreement. An WMEKitftnt may be p pposed for review by any party to this Agmemait
16.2 The Board of Ttes upon its discretion may take action by resolution on any
amendment at any regular meating of the Board of Tra tees.
ARTICLE 17
PROMMI TION ON ASSIGNMENT
17.1 No Participating Employer may assign any right or claim of interest it may have under
this Agreement
11 47 4Wt38- QOODi.
172 No creditor, assignee or third -party beneficiary of any "layer shall have the right,
claim or title to any party, share, interest, premium or asset of the Trust, HCP Account or
the Health Care Program.
ARTICLE 18
EMALTH CLAIM DOPUMS AND APPEALS
In the eventtbst a diapute� arises over a health clan, the ptocednms, adjudication
regu emeift- and five muedies shall be found In the Hesttlt Cate. Program's plan
document appHoWe te�twNealth Care Program cove ft the claimant.'
AR'T'ICLE 0
PLAN ADW4M RATION DISPUTES AND APPEALS
19.1 in the even OW,a dLVuft- arises between a Paxt%Srg Employer and the Health. Care
hVDIM Perfimpating Employer shall `c ant the circumstances causing the"
dish we and submit a written request for review of the .disputed dmu mstances to to
Board of Ti wtces. Upon review of such won, tho Board of Trustees shall attempt
to resolve the diqxft.
19,2 If the Bb" oflhisfte resohition to theftute, is dew uusaflO ctvey, then
alternative &Plte wtirm through mecliatl wo r i .
binding, sezbiitrateon tray be necessary.
ARTICLE 2b
E O1 EM T TERMS #F A01=1
20.1 The - Zoar+d of Truces may enforce the harms ofd Agreement.
20.2 In flies evwt legal action is initiated to enforce any tam or provision of this
Agreement a any present or prewous PmUipOing Employer, prevailing ply .
shall receive such reimbursement of costs as the court deems reasonable for attorneys'
fees and cosb rated to the Mevam actim
ARTICLE 21.
21.1" if any Partk paftg Employer fails to pe>: i6i any term or condition ofthus Agreement
and $Wh Builuro Continues for a period of sixty (60) dak�% after ft Board of Trustees has
PM the PaMcVatmg Employer written nobee descrift'such failure, the Participating
Employer shall be considered in defink
21.2 Upon dehu% the, Board of-Trustees may immediately cancel the participating
Employer's participation' in the Health Care Program without additional notice or
excidse soMe other remedy otherwise provided by law.
UMMU s1isa.eo i
21.3 The rights and remedies of the Board of Trustees are cumulative in nature and pursuit of
any particular remedy shall not be deemed an election of remedies or a waiver of any
:other remedies available hereunder or otherwise available by law.
ARTICLE 22
NO WAIVERS
No waiver or forbearance ofs breach of any covenant, Umn, or c0afton of this
Agreement shall be cons"W to be a waiver or forbearance of any other or aalaaquent breach of
the same or of any other covenant, tam or condition, and the accepunce ofany pezorma w
herowuler, or the payment of any suum of money after the same has bw=c due or at a time when
any other default exists bender, shall not constitute a waiver or H& to demattd paynient of all
sums owing or a waiver of any other ddault then or thereafter
ARTICLE 23
COCCI' MANAGEMENT
The Health Care Pwg= shall dmdgnatt a person to whom the State Fisk Manna shall
,forward legal process served Upon ft .Risk der, The AWC Clio Zx=w&* (lKww
(desigive of successor). The Hen& Care Program Director shall be rosponsWe for and
sball be the contact person for all comrnuuniratiwtus regarding th*perkmooeofthis
Agrftmem
ARTICLE 24
if any provision of this Agretwout. or any provision of any document umorponed by
referezice shall be held irivalid, such invalidity shall not affect the other provis ous of this
Agreemeut which can be given eft Without the invalid provision, if such remainder conforms
to the requirements of applicable law and the fundamental purpose oftlus Agreement and to diuss
end.the provisions of this Agreement at declared to be severable.
AIMCLE 25
C0VMZRPART COPIES
This AWeement may be sill in counerpart or duplicates copies and any signed
counterpart or duplicate copy shall be equivalent to a signed original for all purposes.
74734847,6 0Wrsa -aumi
ARTICLE 26
HEADINGS
The Article aud ion headings in this Agreement at inserted fOr convenience: Only
and are not Wonded to be used in the in et anon of the oDuftm of the Articles and Secdo=
they ice.
ARITLI.E 27
AGREE MM GOM'LM
lbs Rat and the documents referenced lerem contains all the terms and
conditions agfted to by the parties. No other uudecstaandinga, oral or otherwise, regarding the
snbject matter ofd A*VQ=crA AM be deemed to cast: or to bind the parties here%.
ftnetwo page bila al
74234347bOOSrA4WW1
TN WI NESS WIMREOF, the undersigned parties have executed this Agreement
Association of W%sAin tom Cities Part cioatin� molover
_. . .
mmuloyeg Aeneit Trust
%d!i MI f 1R
Tftlt-- Chief Executive Officer
Matte: yl 3 0�, ks
»ve ihte: Jwmwy 1, 2014
742M47.600510MMI
Title- xLYo-
Date: 10 - 1— 1?0 13
d. Resolution: Adopting Interlocal Agreement with AWC Creating a Self- Funded Health
Care Program and Acknowledge Premiums that May be Required. Resolution 13 -647
e. 2014 CDBG Community Economic Revitalization Funding Awards
f. WA State Department of Enterprise Services Master Contract Usage Agreement
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a.
through 5.f. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Guiliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Yes
6. COUNCIL BUSINESS
a. Planning Commission Appointment
Motion: Councilmember Celski moved to re- appoint Lawson Bronson to the
Planning Commission with a term expiring September 30, 2017. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Guiliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. :Resolution: Amendina Section 7.2 of the Code of Ethics to :Establish Qualifications and
Provide for Removal
At their September 17, 2013 meeting, Council directed staff to modify the membership
requirements and establish a removal process for the Ethics Board. City Attorney Pat
Richardson reviewed the proposed Resolution which will amend the membership
requirements stating Board members shall reside in the City, and to the extent possible
have experiences or a background in ethics. The Resolution also establishes a process
for removal of Board members, similar to the process outlined for other volunteer
Boards/Commissions.
:Motion: Councilmember Honda moved approval of the Resolution amending
section 7.2 of the Code of Ethics establishing qualifications for Ethics Board
members and providing for removal. Councilmember Maloney second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Council Minutes — October 1, 2013 Regular Meeting Page 4 of 7