Snohomish County Regional Public Safety Communications Agency for Sno911 ServicesDocuSign Envelope ID: 91509A30-2B65-48B6-A8DA-94454DD8CC68
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CONTRACT ROUTING FORM
No.
Z
Originator:
Michelle Bennett Routed by:
Department/Division:
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Police Department Date:
Name of Consultant/Contractor:
Sno911
wCONTRACT
Sno911 Interlocal Agreement 2024 - Contract Update
TITLE:
G
(City Clerk Use Only)
Alexandra Ehlert
06/03/2024
Type of Contract: ® (GR) Grants O (1) Intergovernmental Agreement (L) Lease Agreement
1-- (S) Purchase of Services _, (W) Public Works
Z
W
l'- Project/Bid/RFP No:
Z
v Effective Date: 06/20/2024 Com
uHas the original contract boilerplate language been modified? Yes
I.- If yes, specify which sections have been modified:
pDescription V of Services: 911 Dispatch services for City
Total Amount of Contract:
Amount:
y Budget # Budget #
J
Amount:
W Budget # Budget #
G
J Amount:
Q Budget # Budget #
C�
Z Are there sufficient funds in the current budget to cover this contract? Yes
Q
Z Remarks:
Authorization Level:
W
❑ 1. Project Manager
Q ❑ 2. Risk Management/Budget
Z 3. City Attorney
2 ❑ 4. Consultant/Contractor
N ❑ 5. Other
n (0) Other
Date: Ongoing
No
Amount:
No
® 6. City Council Approval
❑ Date (if applicable) 5/28/24
Approved to form 5/7/24 ❑ 7. Mayor
❑ 8. City Clerk
WENEMMMO
WEEMENEW
DocuSign Envelope ID: 91509A30-2B65-48B6-A8DA-94454DD8CC68
AMENDED AND RESTATED
SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY
COMMUNICATIONS AGENCY
INTERLOCAL AGREEMENT
REVISED AUGUST 2, 2018; SEPTEMBER 19, 2019; NOVEMBER 21, 2019;
AUGUST 20, 2020; APRIL 21, 2022, XXX XX, 2024
DocuSign Envelope ID: 91509A30-2B65-48B6-A8DA-94454DD8CC68
TABLE OF CONTENTS
RECITALS.......................................................................................................................................... 1
SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER ........................................ 3
SECTION 2. TERM OF AGREEMENT............................................................................................ 5
SECTION3. DEFINITIONS.............................................................................................................. 5
SECTION 4. SNOHOMISH COUNTY 911 SERVICES................................................................
11
SECTION 5. SNOHOMISH COUNTY 911 POWERS...................................................................
12
SECTION 6. GOVERNING BOARD: COMPOSITION AND OPERATION ...............................
14
SECTION 7. TECHNICAL ADVISORY COMMITTEES.............................................................
19
SECTION 8. ANNUAL AGENCY REPORT..................................................................................
21
SECTION 9. EXECUTIVE DIRECTOR.........................................................................................
22
SECTION 10. PERSONNEL POLICY............................................................................................
23
SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO SYSTEM
OPERATIONS...................................................................................................................................
23
SECTION 12. BUDGET; ASSESSMENT FORMULA; PAYMENT OF ASSESSMENTS;
DELINQUENCIES; RESERVE FUNDS..........................................................................................
25
SECTION 13. ISSUANCE OF DEBT..............................................................................................
28
SECTION 14. CONVERSION OF STATUS OF PARTICIPATING AGENCIES; ADDITION OF
NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF ADDITIONAL SERVICES TO
PRINCIPALS.....................................................................................................................................
28
SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES ...................................
30
SECTION 16. INVENTORY AND PROPERTY............................................................................
30
SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL .................................
30
SECTION 18. AMENDMENT OF AGREEMENT.........................................................................
31
SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR SUBSTANTIALLY
ALLASSETS....................................................................................................................................
32
SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION ............................................
32
SECTION 21. DISPUTE RESOLUTION........................................................................................
33
SECTION22. INSURANCE............................................................................................................
34
SECTION 23. INDEMNIFICATION AND HOLD HARMLESS ...................................................
34
SECTION 24. INTERGOVERNMENTAL COOPERATION........................................................
36
SECTION25. NOTICE....................................................................................................................
36
SECTION 26. COMPLIANCE WITH LAWS.................................................................................
36
SECTION27. VENUE.....................................................................................................................
37
SECTION 28. NO THIRD PARTY BENEFICIARIES...................................................................
37
SECTION 29. SEVERABILITY......................................................................................................
37
SECTION 30. RATIFICATION.......................................................................................................
37
SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND RESTATEMENT OF
ORIGINAL AGREEMENT, AND EFFECTIVE DATE..................................................................
37
i
DocuSign Envelope ID: 91509A30-2B65-48B6-A8DA-94454DD8CC68
EXHIBITS AND APPENDICES
Exhibit A Process for Selecting Governing Board Members and Alternates .........A-1
Exhibit B Principal Assessment Formula................................................B-1
Appendix B-1 Definition of "Calls for Service"...................................B-1-1
Exhibit C Principals and Associate Agencies of Snohomish County 911...............C-1
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AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC
SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC
SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT
(this "Agreement"), incorporating all exhibits hereto, is authorized by the parties to the
Snohomish County Regional Public Safety Communications Agency Interlocal Agreement
effective as of nrr:'�1, 2022June 20, 2024.
RECITALS
WHEREAS, pursuant to chapters 24.03 and 24.06 of the Revised Code of Washington
("RCW"), the Snohomish County Regional Public Safety Communications Agency
Interlocal Agreement, deemed adopted and effective as of January 1, 2018, including the
exhibits thereto (the "Original Agreement"), and the Articles of Incorporation Due to
Consolidation filed on October 18, 2017 (the "Articles of Consolidation"), the governing
boards of the Southwest Snohomish County Public Safety Communication Agency, a
municipal instrumentality of its members, jointly organized by such members as a
nonprofit corporation under chapter 24.03 RCW as expressly authorized by
RCW 39.34.030(3)(b) ("SNOCOM"), and the Snohomish County Police Staff and
Auxiliary Services Center, a municipal instrumentality of its members, jointly organized
by such members as a nonprofit corporation under chapter 24.06 RCW as expressly
authorized by RCW 39.34.030(3)(b) ("SNOPAC"), voted to consolidate SNOCOM and
SNOPAC into a new single corporation under chapter 24.06 RCW known as the
"Snohomish County Regional Public Safety Communications Agency" ("Snohomish
County 911 "); and
WHEREAS, the governing boards of Snohomish County 911 and the Snohomish County
Emergency Radio System, a municipal instrumentality of its members, jointly organized
by such members as a nonprofit corporation under chapter 24.06 RCW as expressly
authorized by RCW 39.34.030(3)(b) ("SERS"), voted to merge SERS into Snohomish
County 911 effective January 1, 2019; and
WHEREAS, Snohomish County 911 provides emergency communication services on
behalf of its member agencies throughout Snohomish County; and
WHEREAS, the Original Agreement was amended on August 2, 2018; September 19,
2019; November 21, 2019; August 20, 2020; and April 21, 2022;
WHEREAS, by this Amended and Restated Agreement effective as of the date stated
above, the Governing Board of Snohomish County 911 desires to create procedural
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efficiencies and remove historical provisions that are no longer applicable from this
Agreement;
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act (chapter 39.34
RCW) and the Nonprofit Miscellaneous and Mutual Corporations Act (chapter 24.06
RCW);
NOW THEREFORE, in consideration of the promises and agreements contained in this
Agreement and subject to the terms and conditions set forth herein, it is mutually
understood and agreed by the parties as follows:
SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER.
a. Creation of Snohomish Count.. Pursuant to Resolution No. 2017-02
adopted by the SNOCOM Board of Directors on October 12, 2017 and Resolution
No. 2017-02 adopted by the SNOPAC Board of Directors on October 12, 2017, at least
two-thirds of each Board voted in favor of consolidating SNOCOM and SNOPAC as
described in the Original Agreement and approved a plan of consolidation (the "Plan of
Consolidation") as required by chapters 24.03 and 24.06 RCW. Subsequent to such
approval, representatives of SNOCOM and SNOPAC executed the Articles of
Consolidation and filed such Articles with the Secretary of State. As permitted by
RCW 23.95.210, the effective date for the consolidation was January 1, 2018 (the
"Consolidation Effective Date"). As of the Consolidation Effective Date:
i. SNOCOM and SNOPAC became a single corporation to be known
as "Snohomish County 911." Snohomish County 911 was organized as a municipal
instrumentality of its Principals pursuant to RCW 39.34.030 and as a nonprofit
corporation under chapter 24.06 RCW as authorized by chapter 39.34 RCW.
ii. SNOCOM, SNOPAC and each party to the Original Agreement
(listed in Exhibit C attached hereto) delegated to Snohomish County 911 the
authority to provide emergency communication services as provided herein.
iii. The separate existence of SNOCOM and SNOPAC, except as
formed as Snohomish County 911, ceased.
iv. As a result, Snohomish County 911 possesses all the rights,
privileges, immunities, and franchises, of both a public and private nature, of each
of SNOCOM and SNOPAC; and all property, real, personal and mixed, and all
debts due on whatever account, and all other choses in action, and all and every
other interest, of or belonging to or due to each of SNOCOM and SNOPAC, were
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taken and deemed transferred to and vested in Snohomish County 911 without
further act or deed; and title to any real estate, or any interest therein, vested in
Snohomish County 911.
V. Snohomish County 911 is responsible and liable for all the liabilities
and obligations of each of SNOCOM and SNOPAC, and any claim existing or
action or proceeding pending by or against any of such corporations may be
prosecuted as if such consolidation had not taken place, or Snohomish County 911
may be substituted in its place. Neither the rights of creditors nor any liens upon
the property of SNOCOM or SNOPAC shall be impaired by such consolidation.
vi. Snohomish County 911, as successor to SNOCOM and SNOPAC,
has all rights, privileges, interest, defenses and indemnity protections of all
insurance providers for SNOCOM and SNOPAC, including past and current
providers, that existed prior to consolidation.
b. Merger of SERS and Snohomish County 911. Pursuant to Resolution
No. 18-01 adopted by the SERS Board of Directors on October 4, 2018 and Resolution
No. 2018-17 adopted by the Snohomish County 911 Board of Directors on October 18,
2018, at least two-thirds of each Board voted in favor to merge SERS into Snohomish
County 911 as described in this Agreement and approved a plan of merger (the "Plan of
Merger") as required by chapter 24.06 RCW. Subsequent to such approval, representatives
of SERS and Snohomish County 911 executed the Articles of Merger and filed such
Articles with the Secretary of State. As permitted by RCW 23.95.210, the effective date
for the merger was January 1, 2019 (the "Merger Effective Date"). As of the Merger
Effective Date:
i. SERS was merged into Snohomish County 911 as provided in the
Articles of Merger.
ii. The separate existence of SERS ceased.
iii. Snohomish County 911 thereupon and thereafter possessed all the
rights, privileges, immunities, and franchises, of both a public and private nature,
of SERS; and all property, real, personal and mixed, and all debts due on whatever
account, and all other choses in action, and all and every other interest, of or
belonging to or due to SERS, were and shall be taken and deemed to be transferred
to and vested in Snohomish County 911 without further act or deed; and the title to
any real estate, or any interest therein, vested in Snohomish County 911 shall not
revert or be in any way impaired by reason of such merger.
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iv. Snohomish County 911 was and shall be responsible and liable for
all the liabilities and obligations of SERS, and any claim existing or action or
proceeding pending by or against any of such corporation may be prosecuted as if
such merger had not taken place, or Snohomish County 911 may be substituted in
its place. Neither the rights of creditors nor any liens upon the property of SERS
shall be impaired by such merger.
V. Snohomish County 911, as successor to SERS, has all rights,
privileges, interest, defenses and indemnity protections of all insurance providers
for SERS, including past and current providers, that existed prior to merger.
vi. All amounts held in reserve funds held by SERS as of the Merger
Effective Date were transferred to Snohomish County 911 to be placed in a Radio
System reserve fund or funds at Snohomish County 911.
vii. The statements set forth in the Articles of Merger shall be deemed
to be the articles of incorporation of Snohomish County 911, and shall amend and
restate, in their entirety, the Articles of Consolidation.
viii. This Agreement shall govern the Snohomish County 911.
ix. Snohomish County 911 has and shall continue to have all the rights,
privileges, immunities and powers and shall be subject to all the duties and
liabilities of a nonprofit corporation organized under chapter 24.06 RCW.
SECTION 2. TERM OF AGREEMENT.
This Agreement shall carry forward the initial 6-year term provided for in the Original
Agreement. The initial term of this Agreement, therefore, shall be from the Merger
Effective Date through December 31, 2023 (the "Initial Term"). Thereafter, this
Agreement shall be of infinite duration, subject to termination provisions contained herein.
During the Initial Term no Principal may withdraw from this Agreement, provided that a
Principal may convert or be converted to Subscriber status as provided in Sections 12 and
14, may annex to or join with another Principal as described in Section 6.q, or may upon
action of the Governing Board be terminated from participation in this Agreement as
provided in Section 12.
SECTION 3. DEFINITIONS.
Capitalized terms used in this Agreement shall have the following meanings:
a. Additional Services. "Additional Services" are optional services provided
by Snohomish County 911 that assist Participating Agencies in the performance of their
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emergency services duties but are outside the scope of Emergency Communications
Services as defined in Section 4.a., for example and without limitation, managed mobile
computer services. Additional Services may be offered to all Principals and Subscribers
from time to time by separate contract. Terms of agreement for provision of Additional
Services are to be negotiated between Snohomish County 911 and a Participating Agency
and require Simple Majority Vote approval of the Governing Board. Fees for Additional
Services are not part of the Assessment Formula and are not considered User Fees.
b. Agreement. "Agreement" means this Amended and Restated Snohomish
County Regional Public Safety Communications Agency Interlocal Agreement, as it may
hereafter be further amended or modified from time to time, together with all exhibits and
appendices hereto, as they may hereafter be amended or modified.
C. Ancillary Services. "Ancillary Services" are services that are part of the
overall array of Emergency Communications Services, and related to the core functioning
of Emergency Communications Services, for example and without limitation, Police
Records Services and school panic button monitoring. Ancillary Services are provided by
Snohomish County 911 to all Principals and Subscribers and the costs of Ancillary Services
are incorporated into User Fees and Assessments.
d. Articles of Consolidation. "Articles of Consolidation" mean the Articles of
Incorporation Due to Consolidation of Snohomish County 911 as defined in Section 1.
e. Articles of Merger. "Articles of Merger" mean the Articles of Incorporation
Due to Merger of Snohomish County 911 as defined in Section 1.
f. Assessments. "Assessments" mean the portion of User Fees charged to
Principals for Emergency Communication Services in accordance with the Assessments
formula as provided for in Exhibit B. Assessments are a subset of User Fees. Changes to
the Assessment formula require Supermajority Approval of the Governing Board.
g. Associate Agency. "Associate Agency" is a unit of local government that
has agreed to the terms of this Agreement from time to time who is not a Direct Provider
and is not Directly Served by Snohomish County 911 but which receives police and/or
fire/EMS services though a contract with a Principal or Subscriber of Snohomish County
911. Associate Agencies participate in the selection of a non -voting Governing Board
Member as described in Exhibit A. A list of the Associate Agencies as of the Merger
Effective Date is included in Exhibit C.
h. Consolidation Effective Date. "Consolidation Effective Date" means
January 1, 2018.
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i. Directly Served. "Directly Served" means Principals and Subscribers who
receive Emergency Communication Services from Snohomish County 911 and pay User
Fees to Snohomish County 911 in exchange for such services. A Principal or Subscriber
may operate both fire/EMS service and police service but elect to have only one or the
other service Directly Served by Snohomish County 911.
j. Direct Provider. "Direct Provider" means a Participating Agency that
provides fire/EMS services and/or police services directly, rather than through contract
with another agency.
k. EMS. "EMS" means Emergency Medical Services as described in
RCW 84.52.069(5), as now or later amended, including the provision by the Participating
Agencies of emergency medical care or emergency medical services, including related
personnel costs, training for such personnel, and related equipment, supplies, vehicles and
structures needed for the provision of emergency medical care or EMS.
1. Enhanced Police Records Services. "Enhanced Police Records Services"
are services in addition to Police Records Services, and include computer searches and
actions to enter, modify or delete computer police records associated with: misdemeanor
warrants, orders of protection and other orders and directives; stolen property, vehicles,
guns or missing persons; performing 20-minute warrant hit confirmations; and serving as
the legal holder of records on behalf of a Police Agency for such records.
in. Executive Director. The "Executive Director" is the chief executive officer
for Snohomish County 911 appointed by and serving at the pleasure of the Governing
Board.
n. Emergency Communication Services. "Emergency Communication
Services" mean those services described in Section 4.a.
o. Emergency Public Safety Radio System. The "Emergency Public Safety
Radio System" or "Radio System" is the Snohomish County emergency radio system
developed, owned and operated by SERS prior to the Merger Effective Date, including all
additions, replacement and improvements thereto, and shall include the Emergency Radio
System Replacement Project.
P. Emergency Public Radio System Replacement Project. The "Emergency
Public Radio System Replacement Project" or "Radio System Replacement Project" is the
project to (i) replace and upgrade the Radio System as it exists as of the Merger Effective
Date, including all equipment, improvements and real and personal property necessary to
accomplish such project, (ii) provide for an initial replacement of the existing subscriber
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equipment for public safety agencies within Snohomish County, and (ii) replace the
existing alpha -numeric paging system.
q. Fire Agency. A "Fire Agency" is a Principal that is a Direct Provider of fire
and/or EMS services.
r. Fire/EMS Technical Advisory Committee. The "Fire/EMS Technical
Advisory Committee" is the advisory board composed of Representatives from Principal
and Subscriber fire and EMS departments or agencies as described in Section 7.
S. Governing Board. The "Governing Board" is the body described in Section
6 and shall be the governing body of Snohomish County 911.
t. Initial Term. "Initial Term" shall have the meaning set forth in Section 2 of
this Agreement.
U. Merger Effective Date. The "Merger Effective Date" is January 1, 2019.
V. Member. A "Member" or "Governing Board Member" is the individual
representing a Principal on the Governing Board, or his or her designated alternate.
W. Original Agreement. "Original Agreement" means the Snohomish County
Regional Public Safety Communications Agency Interlocal Agreement, deemed adopted
and effective as of January 1, 2018, including the exhibits thereto. The parties to the
Original Agreement were Principals of Snohomish County 911 as of the Consolidation
Effective Date and will continue to be Principals of Snohomish County 911 as of the
Merger Effective Date. A list of the Principals as of the Merger Effective Date is included
in Exhibit C.
X. Participating Agencies or Participants. "Participating Agencies" or
"Participants" refer to Principals and all Subscribers, as they may be so constituted from
time to time, and individually referred to as a "Participating Agency" or "Participant."
Y. Plan of Consolidation. "Plan of Consolidation" means the plan approved
by SNOPAC and SNOCOM as required by chapters 24.03 and 24.06 RCW.
Z. Plan of Merger. "Plan of Merger" means the plan approved by Snohomish
County 911 and SERS as required by chapter 24.06 RCW.
aa. Police Agency. A "Police Agency" is a Principal that is a Direct Provider
of policing services.
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bb. Police Records Services. "Police Records Services" include performing
computer searches and entries to locate and/or clear of public safety database records
(WACIC/NCIC) including but not limited to stolen articles, stolen vehicles, stolen guns,
missing persons and warrants, as well as entry and dissemination of State ACCESS system
administrative messages.
cc. Police Technical Advisory Committee. The "Police Technical Advisory
Committee" is the advisory board composed of Representatives from Principal and
Subscriber police, sheriff or similar departments or agencies as described in Section 7.
dd. Principal. A "Principal" is a general purpose municipal corporation or
government agency, a fire district, a Public Safety Interlocal Operation, a regional fire
protection service authority created pursuant to chapter 52.26 RCW, or a State agency
created under the laws of State, which is a Direct Provider of police services or fire/EMS
services or both, and which is a party to the Original Agreement, has executed this
Agreement, or has agreed in writing to the terms of this Agreement. The Principals of
Snohomish County 911 as of the Merger Effective Date are listed in Exhibit C.
ee. Public Safety Interlocal Operation. "Public Safety Interlocal Operation"
includes a joint operation of fire districts and cities for provision of public fire and EMS
services entered into and operating pursuant to chapter 39.34 RCW, and may also include
a public development authority created pursuant to RCW 35.21.730 et. seq. or a regional
fire protection service authority created pursuant to chapter 52.26 RCW, or a nonprofit
corporation created for the purpose of facilitating a joint operation between fire districts
and cities pursuant to RCW 39.34.030(3).
ff. Radio System. "Radio System" means the Emergency Public Safety Radio
System.
gg. Radio Unit. A "Radio Unit" is a mobile (vehicular), portable (handheld) or
control station (desktop) radio which has been authorized and programmed to operate on
the Emergency Public Safety Radio System.
hh. Representative. "Representative" refers to the individual representing a
Principal or a Subscriber on the Police Technical Advisory Committee or Fire/EMS
Technical Advisory Committee, or his or her designated alternate.
ii. SERS. "SERS" was the Snohomish County Emergency Radio System
agency created pursuant to chapters 39.34 and 24.06 RCW and an interlocal agreement
effective July 1, 1999, as thereafter amended.
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jj. Simple -Majority. A "Simple -Majority Vote" of the Governing Board
means a majority of the votes of the Members present constituting a quorum and voting.
kk. Single -Service Principal. A "Single -Service Principal" is a Principal that is
formed as a city or town under the laws of State that (1) directly provides either fire/EMS
service or police service, but not both, and (2) receives the service it does not directly
provide from a Principal or Subscriber.
11. SNOCOM. "SNOCOM" was the Southwest Snohomish County Public
Safety Communication Agency, formed pursuant to chapters 39.34 and 24.03 RCW.
mm. Snohomish County 911. "Snohomish County 911" refers to the
intergovernmental agency formed as of the Consolidation Effective Date pursuant to
chapters 39.34 and 24.06 RCW, the Original Agreement (as amended and restated by this
Agreement) and the Articles of Consolidation.
nn. SNOPAC. "SNOPAC" was the Snohomish County Police Staff and
Auxiliary Services Center formed pursuant to chapters 39.34 and 24.06 RCW.
oo. State. "State" means the state of Washington.
pp. Subscriber. A "Subscriber" is a public or private entity or agency that has
agreed to pay Snohomish County 911 for Emergency Communication Services or other
services as offered at a rate or rates according to such terms and conditions as may be
established by Snohomish County 911 as evidenced by separate contract between
Snohomish County 911 and such entity. A "Subscriber" may also be a Principal that is
converted to Subscriber status as provided in Sections 12 and 14.
qq. Supermajori . Vote. A "Supermajority Vote" means Governing Board
approval of an item accomplished by securing affirmative votes of both: (1) not less than
seventy percent (70%) of all Members of the Governing Board present constituting a
quorum and voting, and (2) not less than one voting Governing Board Member representing
a Principal Fire Agency or Agencies.
rr. Technical Advisory Committees. "Technical Advisory Committees" are
the Police Technical Advisory Committee and the Fire/EMS Technical Advisory
Committee established by Section 7.
ss. User Fees. "User Fees" are fees for service charged to Participating
Agencies for all services for Emergency Communication Services provided by Snohomish
County 911 whether provided to Principals or Subscribers. User Fees exclude fees for
Additional Services and nominal annual membership fees charged to Associate Agencies.
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User Fees charged to Subscribers may be approved by Simple Majority Vote of the
Governing Board.
tt. 911 Calls. "911 Calls" are those calls received or dispatched via the
statewide emergency communication network of telephone or via other communications
means as described in chapter 38.52 RCW.
SECTION 4. SNOHOMISH COUNTY 911 SERVICES.
a. Snohomish County 911 has the responsibility and authority for providing
Emergency Communication Services and all related incidental functions for
communicating and dispatching services between the public and Participating Agencies in
the furtherance of improved public safety and emergency response, including the following
more specifically described services (collectively, "Emergency Communication
Services"):
i. Receiving 911 Calls and non -emergency public safety calls for
police, fire and medical services;
ii. Notifying, dispatching, directing, supporting and coordinating
public safety personnel response, including dispatching emergency police, fire,
medical and other special or supporting specialized emergency responses services
and resources (for example and without limitation, SWAT response);
iii. Hosting, configuring, and administering public safety technology
networks, systems and applications in support of the delivery of Emergency
Communications Services;
iv. Updating, maintaining and managing radio communications
systems (excluding, unless specifically approved by Governing Board, the
Emergency Public Safety Radio System), computer systems, support files and
resource materials necessary to accomplish the above;
V. Police Records Services;
Vt. Establishing and updating from time to time standard protocols for
communications to and from personnel in the field;
vii. Providing certain Ancillary Services; and
viii. Upon a Supermajority Vote of the Governing Board (which
approval was received at the time of approval of this Agreement and shall become
effective as of the Merger Effective Date), providing services previously provided
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by SERS together with all necessary or advisable additional services and actions
directly related to the Emergency Public Radio System.
b. Beginning January 1, 2022, Enhanced Police Records Services shall be
provided as an Additional Service to former SNOCOM Police Agencies in recognition of
those agencies' prior receipt of those services from SNOCOM prior to the Consolidation
Effective Date.
C. Snohomish County 911 may also, when authorized by a Simple Majority
Vote of the Governing Board, provide Additional Services. Additional Services will be
offered by separate contract as optional services to Participating Agencies. Charges for
Additional Services, if any, shall be accounted for separately and shall not be included in
the calculation of User Fees.
SECTION 5. SNOHOMISH COUNTY 911 POWERS.
Snohomish County 911, through its Governing Board, shall have all powers allowed by
law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as they
now exist or may hereafter be amended, and as authorized, amended, or removed by the
Governing Board, as provided for in this Agreement, and including but not limited to the
following:
911;
a. Recommend action to the legislative bodies of the Participating Agencies;
b. Review and approve budgets for Snohomish County 911;
C. Establish policies for expenditures of budget items for Snohomish County
d. Review and adopt personnel policies for Snohomish County 911;
e. Review and approve operating policies and procedures for Snohomish
County 911, its programs and Emergency Communication Services provided pursuant to
this Agreement;
f. Establish a fund or special fund or funds as authorized by RCW 39.34.030
for the operation of the Snohomish County 911;
g. Conduct regular and special meetings as may be designated by the
Governing Board consistent with the State Open Public Meetings Act (chapter 42.30
RCW);
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h. Maintain and manage records in accordance with the State Public Records
Act (chapter 42.56 RCW and chapter 40.14 RCW) and other applicable State applicable
and federal records laws and regulations;
i. Determine what services (including but not limited to Emergency
Communication Services and Additional Services) shall be offered and under what terms
they shall be offered;
j. Retain, terminate, direct and supervise the Executive Director;
k. Create committees to review and make recommendations for purposes and
duties of committees;
1. Approve strategic plans;
M. Approve the addition of new Principals and Subscribers and the terms of
their participation in Snohomish County 911 and receipt of Emergency Communication
Services;
n. Enter into agreements with or make purchases from third parties for goods,
assets, property and/or services necessary to fully implement the purposes of this
Agreement;
o. Establish fees and charges for services provided to Participating Agencies;
P. Direct and supervise the activities of any advisory board or committee
established by the Governing Board;
q. Enter into agreements with, and receive and distribute funds, from any
federal, state or local agencies;
r. To the extent permitted by law, accept loans or grants of funds from any
federal, state, local or private agencies and receive and distribute such funds;
S. Receive all funds allocated to Snohomish County 911 for services provided
pursuant to this Agreement;
t. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
construct, improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of Snohomish County 911;
U. Sell, convey, lease, exchange, transfer, and otherwise dispose of all of its
real and personal property and assets;
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V. Sue and be sued, complain and defend, in all courts of competent
jurisdiction in Snohomish County 911's name;
W. Make and alter bylaws for the administration and regulation of its affairs
consistent with this Agreement;
X. Hold radio frequency licenses and software and other licenses to enable
Snohomish County 911 to operate radio communications and dispatch systems to meet its
public safety responsibilities;
Y. Enter into contracts with Subscribers to provide Emergency
Communication Services and Additional Services pursuant to this Agreement;
Z. Any and all other acts necessary to further Snohomish County 911's goals
and purposes; and
aa. Except as expressly provided above or in Section 13, Snohomish County
911 shall not have the power or authority to issue debt in its own name.
SECTION 6. GOVERNING BOARD: COMPOSITION AND OPERATION.
a. Composition. Snohomish County 911 shall be governed by a Governing
Board composed of fifteen (15) voting members and one (1) non otingmember-. ,Ten
(10) of the Governing Board voting member seats shall be allocated to Police Agencies;
and five (5) Governing Board voting member seats shall be allocated to Fire Agencies
one (1) non voting member- seet shall be alleeated to an Asseeiete Ageney or- a Single
_ Governing Board Members and their alternates shall be selected in the
manner described in Exhibit A.
b. Qualifications to Serve. A Governing Board Member, or his or her alternate
must be duly selected in the manner described in Exhibit A and must be either: an elected
official; chief administrative officer; chief law enforcement officer or fire chief from a
Principal, or a person directly -reporting to the chief law enforcement officer or fire chief,
or in the case of Snohomish County, the Snohomish County Executive or a person reporting
directly to the Snohomish County Executive.
C. Terms of Office. Governing Board Members are elected every two (2) years
by caucuses no later than the April Governing Board meeting of that year, as described
further in Exhibit A. The terms of the newly elected Board Members commence with the
first Governing Board meeting in May.
d. Election to Receive Service From Snohomish County 911; Impact on
Governing Board Representation. Each Principal shall determine which of its respective
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public service departments or operations will be Directly Served by Snohomish County
911. The initial election by each Principal as to which of their respective departments or
operations will receive services from Snohomish County 911 will be recorded by the
submittal by each Principal of a completed service election form. The service election
form determines whether a Principal participates in a caucus to select either or both a Police
Agency Governing Board Member or a Fire Agency Governing Board Member. Single
Service Principals shall also participate in the caucus for the non -voting Governing Board
Member. Each Principal shall promptly provide written notice to Snohomish County 911
of any changes in its services impacting its qualification as a Police Agency or Fire Agency.
e. Conditions for Serving on Governing Board. All Governing Board
Members and their alternates shall serve without compensation from Snohomish County
911. However, Snohomish County 911 may pay for or reimburse Governing Board
Members and alternates for reasonable out-of-pocket costs related to service on the
Governing Board. Members may only serve for such time as they meet the qualification
of a Governing Board Member for the Principals with which they served of the start date
of their then current term on the Governing Board.
f. Alternates. Alternates shall be selected and shall serve in the absence of
Governing Board Members in the manner described in Exhibit A. Alternates must meet
the same qualifications as Governing Board Member.
g. Quorum. A simple majority of the voting Members (or their alternates) in
number (excluding any Member that represents a Principal which been terminated by vote
of the Governing Board, or which has given notice of withdrawal and is not permitted to
vote per terms of Section 17.f) shall constitute a quorum of the Governing Board for
purposes of doing business on any issue.
h. Voting. The Board shall strive to operate by consensus. All Board
decisions on items not listed in Section 6.i require a Simple Majority Vote for approval. A
Governing Board Member may not split his or her vote on an issue and there shall be no
weighted voting. No voting by proxies or mail -in ballots is allowed. Voting by a
designated alternate is not considered a vote by proxy. A Governing Board Member
representing a Principal that has given notice of withdrawal or which has been terminated
by vote of the Governing Board shall be authorized to cast votes at the Governing Board
only on budget items to be implemented prior to the withdrawal or termination date.
i. Items Requiring Supermajority Vote for Approval. A Supermajority Vote
of the Governing Board shall be required in order to approve the following items or actions:
i. Amendment to the Principals' Assessment formula(s);
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ii. Approval of a budget that exceeds the prior approved budget by a
percentage in excess of the most recently published Consumer Price Index — Urban
for the Seattle/ Tacoma/Bremerton metropolitan area, June - June, calculated by the
Federal Bureau of Labor Statistics, or its successor index, plus 4% (adjusted as
necessary to accomplish the same annual cost increase limitation in the event
Snohomish County 911 transitions to a biennial budget).
iii. A decision to acquire assets, equipment, real or personal property
valued at over $500,000;
iv. Admission of a new Principal (other than admission of an Associate
Agency as a Principal, or a Principal created by the merger, consolidation or other
process as described in Section 6.r);
V. Reinstatement of a Principal that has been converted to Subscriber;
vi. Appointing the Executive Director (a Simple Majority Vote is
required for removal of the Executive Director);
vii. Expansion of the scope of services provided by Snohomish County
911 within the Scope of Section 4.a and 4.b;
viii. Adoption or amendment of any bylaws, or amendment of the
Articles;
ix. Merger, consolidation, sale of all or substantially all assets of the
Snohomish County 911 per Section 19;
X. Modification of this Agreement (except for those items requiring
approval of all legislative bodies of the Principals per Section 18);
xi. Termination or dissolution of Snohomish County 911 per
Section 20;
xii. Approval of debt pursuant to Section 13; and
xiii. Any other action requiring a two-thirds or sixty six -percent (66%)
supermajority vote under chapter 24.06 RCW.
j. Officers. The Governing Board shall have four officers, a President and
Vice -President, Secretary and Treasurer, who will serve two (2) year terms, coterminous
with Governing Board Member elections. It will be the function of the President to preside
at the meetings of the Governing Board. The Vice -President shall assume this role in
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absence of the President. Immediately following the election of Governing Board
Members, at the first meeting of the Governing Board, the officers shall be elected by
Simple Majority Vote of the Members. In the event of a vacancy in the President position,
the Vice -President shall assume the President position for the balance of the term of the
departed President. In the event of a vacancy in the Vice -President position, the Governing
Board shall by Simple Majority Vote elect a new Vice -President to serve to the balance of
the term of the departed Vice -President. Any officer appointed by the Governing Board
may be immediately removed by Simple Majority Vote of the Governing Board, with or
without cause, in which event the Governing Board shall promptly elect a new officer who
shall serve for the remainder of the unexpired two-year term. The Governing Board may
appoint persons to serve as Secretary and Treasurer of Snohomish County 911; provided,
that such persons shall not be Members of the Governing Board. The duties of all officers
shall be further described in the Snohomish County 911 Bylaws.
k. Staffing. The Executive Director shall assign agency staff to support the
Governing Board as he or she deems appropriate.
1. Meetings. The Governing Board shall meet not less than four (4) times per
year, at least once each calendar quarter, at a time and place designated by the President of
the Governing Board or by a majority of its Members. Regular meetings shall be held
pursuant to a schedule adopted by the Governing Board. Special meetings may be called
by the President or a majority of Governing Board Members upon giving all other Members
notice of such meeting in accordance with chapter 42.30 RCW (which, as of the date of
this Agreement, requires written notice to be provided to each Member at least twenty-four
(24) hours prior to the meeting). Notwithstanding the foregoing, the President or Members
calling a special meeting will, in good faith, attempt to provide at least ten (10) days prior
written notice of a special meeting, however, failure to do so will not invalidate any
otherwise legal action taken at a meeting where the proper notice was provided in
accordance with chapter 42.30 RCW. In an emergency, the Governing Board may dispense
with written notice requirements for special meetings, but must, in good faith, implement
best efforts to provide fair and reasonable notice to all Governing Board Members.
Members of the Governing Board may participate in a meeting through the use of any
means of communication by which all Members and members of the public participating
in such meeting can hear each other during the meeting. Any Governing Board Members
participating in a meeting by such means is deemed to be present in person at the meeting
for all purposes including, but not limited to, establishing a quorum.
in. Bylaws. The Governing Board shall be authorized to establish bylaws that
govern procedures of the Governing Board.
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n. Parliamentary Authority. Robert's Revised Rules of Order shall govern any
proceeding of the Governing Board to the extent not inconsistent with this Agreement or
the bylaws adopted by the Governing Board.
o. Consultation with Technical Advisory Committees. It is the intent of this
Agreement that the Governing Board shall seek the active participation and advice of
Participating Agencies in the determination of Snohomish County 911 operating policies.
The Technical Advisory Committees shall have the opportunity to provide reports at each
regular Governing Board meeting. The Governing Board shall consider input from the
Technical Advisory Committees in its deliberations.
P. Boundary Changes or Service Territory Changes. It is the responsibility of
each Participating Agency to provide reasonable advance notice to Snohomish County 911
of any boundary changes, or service territory changes that may occur due to annexation,
merger, or other reason, so that Snohomish County 911 may accurately dispatch calls,
accurately track calls for service data and accurately assess User Fees; provided, however,
until such time as Snohomish County 911 has sufficiently accurate data (such as an official
population estimate from the State) by which to calculate User Fees for the Participating
Agencies(s) involved, Snohomish County 911 shall continue to bill each Participating
Agency on the basis of Snohomish County 91l's most accurate data and the parties
involved in the boundary or service territory change shall amongst themselves address any
User Fee allocation issues.
q. Service Changes; Merger or Annexation of a Participating Agency
Formation of New Public Safety Interlocal Operation. It is the responsibility of each
Participating Agency to provide reasonable advance notice to Snohomish County 911 of
any boundary changes, or service territory changes that may occur due to annexation,
merger, or other reason.
In the event a Participating Agency merges or annexes to a Principal or becomes a member
agency of a Public Safety Interlocal Operation that is a Principal, the merged or annexed
Participating Agency's rights and obligations under this Agreement shall be assumed in
full by the Principal without further action by the Governing Board.
In the event that Participating Agencies, which meet the qualifications of this paragraph,
join together to create a new Public Safety Interlocal Operation (for example and without
limitation, creation of a new regional fire authority under chapter 52.26 RCW), and as a
result of such formation the fire/EMS operation or police operation of such Participating
Agencies are no longer Directly Served by Snohomish County 911, then after all of the
necessary assignments and agreements are executed related to the creation of the Public
Safety Interlocal Operation, the newly created Public Safety Interlocal Operation shall
become a Principal and a party to this Agreement without further action of the Governing
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Board. At such time the rights and obligations of the forming Participating Agencies shall
be assumed by the Public Safety Interlocal Operation. Notwithstanding the foregoing, in
order for the newly created Public Safety Interlocal Operation to become a Principal and a
party to this Agreement without further action of the Governing Board, each Participating
Agency at the time of formation of the newly created Public Safety Interlocal Operation
must (i) be a current Principal and party to this Agreement, or (ii) have previously been a
member of SNOCOM or SNOPAC and otherwise independently qualifies as a Principal
under this Agreement.
Notwithstanding anything in this paragraph to the contrary, if a merged or annexed
Principal retains a separate public safety operation that is Directly Served by Snohomish
County 911, then that Principal shall maintain its status and shall retain all its rights and
obligations under this Agreement with respect to its Directly Served public safety
operation.
r. Associate A eg ncies. Associate Agencies shall be charged a nominal annual
membership fee at a level set from time to time by Simple Majority Vote of the Governing
Board. An Associate Agency which stops contracting for police and/or fire/EMS services
from a Principal and requests to be Directly Served by Snohomish County 911 shall be
approved by the Governing Board as a Principal per Section 14.d and shall not be subject
to any latecomer fees in making this transition.
SECTION 7. TECHNICAL ADVISORY COMMITTEES.
a. Creation and Membership. Two Technical Advisory Committees shall be
created to serve in an advisory capacity to the Governing Board and Executive Director.
i. Police Technical Advisory Committee. The Police Technical
Advisory Committee shall consist of the chief or his or her designee from each
Principal and Subscriber police department or equivalent agency or operation
Directly Served by Snohomish County 911.
ii. Fire/EMS Technical Advisory Committee. The Fire/EMS
Technical Advisory Committee shall consist of the chief or his or her designee from
each Principal and Subscriber with a Fire/EMS department or equivalent agency or
operation Directly Served by Snohomish County 911.
b. Technical Advisory Committee Representatives. Persons serving on either
Technical Advisory Committee shall serve without compensation from Snohomish County
911. However, Snohomish County 911 may pay for or reimburse Representatives and
alternates for reasonable out-of-pocket costs related to service on the Technical Advisory
Committees.
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C. Alternates. Each Representative serving on a Technical Advisory
Committee may designate one alternate, confirmed in writing, to serve when such
Representative is absent or unable to serve provided that such alternates must have
operational responsibilities within their respective agencies. Written notice of the
appointment of an alternate shall be provided to the Chair the applicable Technical
Advisory Committee prior to the alternate serving in the absence of the Representative.
d. Powers. Each Technical Advisory Committee shall meet individually as
frequently as their members deem appropriate, but not less than twice each year, for the
purpose of promoting interagency collaboration and cooperation, information sharing,
discussion and review of agency operating policy and such other matters as the Governing
Board may request. The Technical Advisory Committees shall provide advice,
information, and recommendations to the Governing Board and the Executive Director.
e. Quorum. One -quarter of the Representatives of each Technical Advisory
Committee (or any alternates present and participating in place of a Representative) shall
constitute a quorum for meetings of such Committee.
f. Voting. All actions and recommendations of the Technical Advisory
Committees shall be approved by majority vote of those present and voting. Each
Representative shall have one vote. There will be no weighted voting, proxy voting, or
mail -in voting.
g. Officers. Each Technical Advisory Committee shall have two officers, a
Chair and Vice -Chair. It will be the function of the Chair to preside at the meetings of
his/her respective Technical Advisory Committee, and the Vice -Chair shall assume this
role in absence of the Chair. The officers shall be annually elected by vote of the
Committee Representatives.
h. Staffing. The Technical Advisory Committees shall be staffed by the
Executive Director, or his or her designee, and such additional agency staffing as the
Executive Director may deem appropriate.
i. Meetings. All meetings of each Technical Advisory Committee shall be
open to the public if and to the extent required by chapter 42.30 RCW. Regular meetings
shall be held pursuant to a schedule approved by the Technical Advisory Committee.
Special meetings may be called by the Chair of the Technical Advisory Committee or a
majority of the Representatives of the Technical Advisory Committee. Members of the
Technical Advisory Committees may participate in meetings through the use of any means
of communication by which all Representatives and members of the public participating in
such meeting can hear each other during the meeting. Any Representatives participating
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in a meeting by such means is deemed to be present in person at the meeting for all purposes
including, but not limited to, establishing a quorum.
SECTION 8. ANNUAL AGENCY REPORT.
a. Contents. The Executive Director shall prepare an Annual Agency Report
no later than April of each year. The report shall include a description o£
i. Activities of Snohomish County 911 for the previous calendar year;
ii. The proposed work program and significant events in the current
calendar year; financial condition of Snohomish County 911;
iii. Results of Governing Board adopted performance benchmarks; and
iv. The proposed budget policy for the upcoming year.
b. Availability. The Executive Director shall ensure that the Annual Agency
Report is distributed to the Governing Board and Principals and made available the general
public each year.
SECTION 9. EXECUTIVE DIRECTOR.
The Governing Board shall be responsible for the appointment and termination of the
Executive Director. An interim Executive Director may be appointed to serve in such
capacity until a permanent Executive Director is appointed by the Governing Board. A
Supermajority Vote of the Governing Board is required to appoint the Executive Director
of Snohomish County 911.
The Executive Director shall be responsible to the Governing Board and shall advise it
from time to time on a proposed budget and other appropriate matters in order to fully
implement the purposes of this Agreement. The Executive Director shall administer
Snohomish County 911 in its day-to-day operations, including but not limited to: approving
and overseeing the administration of all operating procedures and public records
management procedures consistent with Governing Board policies; and appointing
persons to fill other staff positions in the Snohomish County 911 and overseeing the
evaluation and discipline, hiring and firing of employees, and administration of collective
bargaining agreements and other personnel contracts consistent with Governing Board
policies.
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Only the Governing Board shall be authorized to hire or retain legal counsel and
independent accountants and auditors. Other consultants or legal counsel for specialized
purposes within the Executive Director's signing authority as it may be defined by the
Board from time to time may be designated in such manner as the Governing Board may
determine subject to Sections 5 and 6.
The Executive Director shall have experience in technical, financial and administrative
fields and his or her appointment shall be on the basis of merit only. The Executive
Director is an "at will" employee and may be terminated upon the Simple Majority Vote
of the Governing Board.
SECTION 10. PERSONNEL POLICY
The Executive Director shall, as necessary from time to time, submit to the Governing
Board a proposed personnel policy for the Governing Board's approval, rejection or
modification. All modifications or revisions to such personnel policies must be approved
by the Governing Board if and to the extent required in such policies.
SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO
SYSTEM OPERATIONS.
a. Operational Effectiveness. The Executive Director shall actively consider and
evaluate means and opportunities toward the enhancement of operational
effectiveness of emergency services. The Executive Director shall present his or
her recommendations to the Technical Advisory Committees and the Governing
Board from time to time.
b. Operational Standards for Radio S. sue. The Governing Board shall adopt
operation and maintenance standards for the Radio System. The Technical
Advisory Committees shall submit to the Governing Board recommendations
regarding operation and maintenance standards for the Radio System.
c. Radio System Use. Each Participating Agency shall use the Radio System
exclusively for approved Radio System purposes and in strict accordance with all
applicable federal law and regulations. Principals hereby agree, and Subscribers
shall agree in their applicable contract to agree, to abide by all Federal
Communication Commission rules and regulations concerning the use of shared
radio facilities.
d. Radio System Access Priorities. Principals shall have priority access to the Radio
System. Upon approval by the Governing Board, access may be provided by
contract to Subscribers in the following priority:
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i. Priori 1: public safety (police, fire and emergency medical services)
Subscribers; Subscribers able to interact with control stations in public school
districts and public hospitals within Snohomish County; and other public agencies
served by compatible radio communication systems;
ii. Priori2: other public agencies with emergency response duties; and
iii. Priori 3: other entities, as determined by the Governing Board.
Emergency Public Safety Radio System Replacement Project. Notwithstanding anything
in this Agreement to the contrary, no Participating Agency assumes the obligation to fund
capital costs related to the design, development, construction or maintenance of the Radio
System Replacement Project, and neither the full faith and credit or taxing power is pledged
by a Participating Agency for such purpose, except as such obligation may be agreed to
and specifically set forth in a separate agreement between the Participating Agency and
Snohomish County. SECTION 12. BUDGET; ASSESSMENT FORMULA;
PAYMENT OF ASSESSMENTS; DELINQUENCIES; RESERVE FUNDS.
a. Budget Fiscal Year. The Snohomish County 911 budget fiscal year shall be
either the calendar year, or two calendar years, as the Governing Board may determine.
C. Budget Approval. The Executive Director shall present a proposed budget
to the Governing Board by no later than August 1 preceding the next budget period and
the Governing Board shall approve its budget by no later than September 25. Thereafter
and in no event later than September 30, Participating Agencies shall be advised on the
programs and objectives contained in the proposed budget, of any changes in the User Fee
formula(e), and of the required financial participation for each Principal and Subscriber for
the following year(s) based upon the proposed budget. Participation by each Principal and
Subscriber is contingent upon subsequent legislative appropriation for the following fiscal
year. Principals and Subscribers shall promptly notify Snohomish County 911 if it does
not approve its budget allocation. Any Principal not approving its full budget allocation
(Assessment and cost of any Additional Services it has agreed to purchase) shall be
automatically converted to Subscriber status effective the first day of the budget year
(whether biennial or annual) for which the Principal did not approve its budget allocation,
and subject to penalty as described in Section 12.
d. User Fee Formula. The User Fee formula applicable to Principals for
Emergency Communications Services referred to as the "Assessment formula", shall be
initially approved as set forth in Exhibit B to this Agreement. The Assessment formula(e)
may be changed from time to time as part of the budget process, and any such changes
shall be approved by Supermajority Vote of the Governing Board in accordance with
Section 6.i. Additional Services require only Simple Majority Vote of the Governing
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Board to approve. The Assessment formula(e) for Principals may be different from the
User Fee formula applicable to Subscribers. It is expressly contemplated that Participating
Agencies may become subject to differential User Fee formulae (including differential
Assessment formula(e)) over time based upon the benefit conferred to such agencies.
e. Payment of Assessments. Assessments shall be payable not less frequently
than quarterly on or before such dates as the Governing Board may determine.
f. Delinquent Assessments. Snohomish County 911 shall, within seven (7)
business days of the due date, send notice to any delinquent Principal and provide a 60-day
cure period from the original due date of the payment. If such Assessments, are not paid
in full within 60 (sixty) days of the original due date, then the Principal delinquent in
payment of Assessments shall upon such 60th day be deemed immediately converted to
the status of a Subscriber as described in Section 14. In the event a Principal converted to
Subscriber status due to non-payment of fees shall not have paid in full all Assessments
owing by six (6) months after the original due date, then the Governing Board may
terminate services to such Subscriber, which termination shall not absolve the Subscriber
of its obligation to pay all Assessments past due, together with all accrued interest,
calculated at 1.5% per month from the date the Assessment was originally due.
g. Terms of Subscriber Contracts. Snohomish County 911 may enter into
contracts with Subscribers from time to time for the purpose of providing Emergency
Communication Services and other services as provided herein. Subscriber contracts may
provide for the same or different payment schedules and payment formulas as those which
apply to Principals; provided that, a Subscriber which, at the time it determined to become
a Subscriber, was qualified to become a Principal but elected not to, shall be subject to
payment of a risk premium of not less than six percent of its annual User Fees, or such
other greater amount as the Governing Board may determine. Revenues from such risk
premium shall be placed in Snohomish County 911 reserves.
Subscriber contracts shall provide that User Fees not paid when due by a Subscriber
shall begin to accrue interest on the date the User Fee was originally due and shall continue
until the User Fee is paid (together with all accrued interest) in full at the Federal Prime
Rate plus 3%. Snohomish County 911 shall, within seven (7) business days of the due
date, send notice to any delinquent Subscriber. In the event a Subscriber does not pay in
full all User Fees plus accrued interest within six (6) months from the date of initial
delinquency, the Governing Board may terminate services to such Subscriber. Any such
termination shall not absolve the Subscriber of its obligation to pay any amounts owing to
Snohomish County 911, including any accrued interest.
h. Reserve Funds. The Governing Board shall establish capital and operating
reserve funds or accounts at the times and in the amounts necessary to ensure funds are
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on hand to reasonably address planned and unforeseen capital and operating expenses and
to minimize the need for large increases in Assessments and/or User Fees from year to
year as a result of acquisition or replacement of capital assets or equipment, and to fund
the timely replacement of aging technology, equipment and systems.
SECTION 13. ISSUANCE OF DEBT.
Except as otherwise provided in Section 5, Snohomish County 911 shall not have the power
to issue obligations or to incur debt. However, it is anticipated that Snohomish County 911
may require capital funding from time to time to support facilities, technology and
equipment needs. Bonds, notes or other evidences of indebtedness may be issued from
time to time by one or more Participating Agencies or by another issuer pursuant to a
separate agreement between one or more Participating Agencies and Snohomish County
911 in order to provide capital financing for Snohomish County 911 on terms as agreed
upon by the parties thereto. The security and sources of payment for any such debt will be
determined at the time of issuance, which may include User Fees and/or capital
contributions from the Principals. Any User Fees and/or capital contributions for such
purposes shall be approved by Supermajority Vote of the Governing Board. Further, in the
event that any Principal is obligated to make a capital contribution, such obligation shall
be subject to approval by its legislative authority.
To the extent that any bonds or other debt is issued on a tax-exempt basis under Section
103 of the Internal Revenue Code of 1986, as amended (the "Code"), the Participating
Agencies agree to not (1) make any use of the proceeds from the sale of such bonds or
other debt that will cause the bonds or other debt to be "arbitrage bonds" within the
meaning of the Code, or (2) act or fail to act in a manner that will cause the bonds or other
debt to be considered obligations not described in Section 103(a) of the Code.
Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to amend or
otherwise modify any terms or conditions of a separate agreement between a Participating
Agency and Snohomish County (or other Participating Agency or Agencies) with respect
to capital contributions, guarantees or the repayment of debt.
SECTION 14. CONVERSION OF STATUS OF PARTICIPATING AGENCIES;
ADDITION OF NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF
ADDITIONAL SERVICE TO PRINCIPALS.
a. As described in Sections 12.c and 12.f hereof, a Principal may be converted
to Subscriber status for failure to approve its share of the budget or for nonpayment or
delinquency in payment of User Fees. On the date of such conversion, said former
Principal shall:
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lose its right to participate in a caucus for selecting a voting
Governing Board member;
ii. lose its right to receive a share of Snohomish County 911 assets
upon dissolution of Snohomish County 911;
iii. become subject to payment of User Fees in accordance with the then
applicable User Fee formula for Subscribers; and
iv. be bound by the terms of the applicable Subscriber service
contract(s).
The conversion of a Principal to Subscriber shall not discharge or relieve any Principal of
its outstanding obligations to Snohomish County 911.
b. A Principal may alternately elect to convert to Subscriber status effective
the first day of the next budget period (whether Snohomish County 911 is operating under
an annual or biennial budget) by giving notice of its intent to the Governing Board not less
than nine (9) months in advance of such effective date. Such conversion shall be effective
as proposed without further action of the Governing Board, barring any basis for
terminating the Principal and action thereon by the Governing Board.
C. A governmental entity otherwise meeting the qualifications of a Principal
in Section 3 hereof may be admitted as a Principal of Snohomish County 911 upon
Supermajority Vote of the Governing Board as required under Section 6.j. Similarly, a
Subscriber may apply to the Governing Board to be converted to Principal status. As a
condition of becoming a Principal, whether by conversion or new admission, the
Governing Board may require payment or other contributions or actions by the new
Principal as the Governing Board may deem appropriate, and may set such start date for
service as it deems appropriate, it being the intention of this provision that the addition of
new Principals shall not cause the then -current Participants to incur additional cost. Upon
such conversion or new admission, such new Principal shall execute this Agreement or
agree in writing to the term of this Agreement in its capacity as Principal and shall
thereafter be subject to all provisions of this Agreement applicable to Principals.
d. Notwithstanding anything to the contrary in this Agreement, an Associate
Agency meeting the qualifications of a Principal may become a Principal effective the first
day of the next budget year, without making any latecomer payment or contribution, upon
giving notice of its intent to the Governing Board not less than nine (9) months in advance
of such effective date. Such conversion shall be become effective on such date without
further action of the Governing Board.
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e. The determination of whether to accept new Subscribers shall be made by
the Governing Board in a manner similar, and subject to such terms and conditions, as that
for accepting new Principals, it being the intention that the addition of new Subscribers
shall not cause pre-existing Participating Agencies to incur additional cost.
f. A Principal wishing to receive service from Snohomish County 911 for an
operating department in addition to a department already served by Snohomish County 911
may make application to the Governing Board in the same manner as, and be subject to
such conditions and approvals as the Governing Board may deem appropriate for, an entity
(other than an Associate Agency) seeking admission as a new Principal.
SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES.
Each Participating Agency shall retain the responsibility and authority for its operational
departments and for such equipment and services as are required at its place of operation
to interconnect to Snohomish County 911's operations. Interconnecting equipment and
services necessary to the provision of authorized Snohomish County 911 services may be
funded through Snohomish County 911's budget and operational programs.
SECTION 16. INVENTORY AND PROPERTY.
Equipment, vehicles and furnishings for Snohomish County 911's operation shall be
acquired as provided by law. If any Participating Agency provides equipment or
furnishings for Snohomish County 911's use, title to the same shall rest with the respective
local entity unless that equipment or furnishing is acquired by Snohomish County 911. The
Executive Director shall maintain and bi-annually update an inventory of equipment and
furnishings owned by, leased or temporarily assigned to Snohomish County 911, and the
values thereof. In event of dissolution or termination of Snohomish County 911, assigned
or loaned items shall be returned to the lending entity and all other items or funds derived
from the sale thereof shall be distributed to Principals as described in Section 20.
SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL.
a. Any Principal may withdraw its membership and terminate its participation
in this Agreement by providing written notice and serving that notice on the Governing
Board on or before June 30 in any year. After providing appropriate notice as provided in
this Section, that Principal's membership withdrawal shall become effective on the last day
of the calendar year following the year in which the notice is given. A Principal that has
given notice of its intent to terminate must meet with the Executive Director or his or her
designee to develop a departure plan. The departure plan is intended to ensure an orderly
separation of the Principal from New Agency and ensure minimal disruption in 911 Calls
response for the public. The departure plan may include the transfer of funds and equipment
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or other assets and must be approved by Simple Majority Vote of the Board.
Notwithstanding anything herein to the contrary, Principals shall be prohibited from
withdrawing their membership and terminating their participation in this Agreement during
the Initial Term; provided, a Principal may give appropriate notice of its intent to withdraw
pursuant to this Section during the Initial Term, and in such event that Principal's
membership withdrawal shall become effective on the last day of the calendar year that
coincides with the end of the Initial Term.
b. Notwithstanding the foregoing, a Principal may be terminated at any time
by action of the Governing Board for delinquencies of at least six (6) months in payment
of Assessments and interest per Section 121
C. Time is of the essence in giving notice of termination and/or withdrawal.
d. A terminating and/or withdrawing Principal is deemed to forfeit any and all
rights it may have to Snohomish County 911's personal or real property, or any other
ownership in Snohomish County 911, unless otherwise provided by the Governing Board;
provided further that this forfeit of rights shall not apply to personal property on loan to
Snohomish County 911 from the terminating or withdrawing Principal.
e. The termination and/or withdrawal of a Principal shall not discharge or
relieve any Principal of its outstanding obligations to Snohomish County 911.
f. A Governing Board Member representing a Principal that (i) has given
notice of withdrawal, or (ii) has been terminated by vote of the Governing Board which
termination is effective at a future date, shall be authorized to cast votes at the Governing
Board only on budgets items to be implemented prior to the withdrawal or termination date.
SECTION 18. AMENDMENT OF AGREEMENT.
The following terms of this Agreement may only be amended in writing after receipt of the
approval of the legislative authorities of all Principals:
a. Expansion of the scope of services provided by the Snohomish County 911
beyond the scope of Section 4.
b. The composition of the Governing Board and terms of office as provided in
Sections 6.a and 6.d.
C. Voting rights of Governing Board Members.
d. Powers of the Governing Board.
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e. Hold harmless and indemnification requirements.
f. Provisions regarding duration, termination or withdrawal.
g. The conditions of this Section.
The parties to this Agreement acknowledge and agree that provisions in this Agreement
that are not specifically identified in (a) through (g) above reflect the Principals' direction
as to the initial operational and administrative policies and procedures to be implemented
by the Governing Board. With the exception of the foregoing items that require affirmative
approval of the legislative authorities of all Principals, the parties to this Agreement
authorize the Governing Board to modify this Agreement from time to time in order to
carry out the corporate purposes of Snohomish County 911. Any such modification shall
be in writing and executed by the President of the Governing Board after providing not less
than thirty (30) days' advance written notice to all Principals of such proposed
modification, and upon approval of a Supermajority Vote of the Governing Board.
Nothing in this Section shall be construed to require legislative authority consent for the
addition of a new Principal, conversion of an Associate Agency to a Principal, or agreement
to serve an additional Subscriber.
SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR
SUBSTANTIALLY ALL ASSETS.
Approval of the merger or consolidation of Snohomish County 911 with another entity, or
the sale of all or substantially all assets of Snohomish County 911, shall require a
Supermajority Vote of the Governing Board.
SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION.
a. Generally. This Agreement may be terminated upon the approval of a
Supermajority Vote of the Governing Board. The termination shall be by direction of the
Governing Board to wind up business by a date specified by the Governing Board, which
date shall be at least one (1) year following the date of the vote to terminate. Upon the
final termination date, this Agreement shall be fully terminated.
b. Distribution of Property on Termination of Agreement. Upon termination
of this Agreement, all property acquired during the life of this Agreement remaining in
ownership of Snohomish County 911 shall be disposed of in the following manner:
i. Real or Personal Property. All real or personal property purchased
pursuant to this Agreement and all unexpended funds or reserve funds, net of all
outstanding Snohomish County 911 liabilities, shall be distributed to those
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Principals still participating in the Snohomish County 911 on the day prior to the
termination date and shall be apportioned between Principals based on the ratio that
the average of each Principals' contributions to the operating budget over the
preceding five (5) years bears to the total of all then remaining Principals' User
Fees paid during such five-year period. The Governing Board shall have the
discretion to allocate the real or personal property and funds as it deems
appropriate, and the apportionment, determined consistent with the preceding
sentence, need not be exact.
ii. Loaned Property. In the event of dissolution or termination of the
Snohomish County 911, assigned or loaned assets shall be returned to the lending
entity.
iii. Allocation of Liabilities. In the event outstanding liabilities of the
Snohomish County 911 exceed the value of personal and real property and funds
on hand, all Principals shall contribute to retirement of those liabilities in the same
manner as which they would share in the distribution of properties and funds.
C. Notwithstanding the foregoing, this Agreement may not be terminated if to
do so would abrogate or otherwise impair any outstanding obligations of the Snohomish
County 911, unless provision is made for those obligations.
SECTION 21. DISPUTE RESOLUTION.
a. Whenever any dispute arises between a Principal or the Principals or
between the Principals and the Snohomish County 911 (referred to collectively in this
Section as the "parties") under this Agreement which is not resolved by routine meetings
or communications, the parties agree to seek resolution of such dispute by the process
described in this Section, which shall also be binding on Subscribers.
b. The parties shall seek in good faith to resolve any such dispute or concern
by meeting, as soon as feasible. The meeting shall include the President of the Governing
Board, the Executive Director, and a representative(s) of the Principal(s), if a Principal(s)
is involved in the dispute, and/or a person designated by the Subscriber(s), if a
Subscriber(s) is involved in the dispute.
C. If the parties do not come to an agreement on the dispute or concern, any
party may request mediation through a process to be mutually agreed to in good faith
between the parties within 30 days, which may include binding or nonbinding decisions
or recommendations (whichever is mutually agreed to). The mediator(s) shall be mutually
agreed upon and shall be skilled in the legal and business aspects of the subject matter of
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this Agreement. The parties shall share equally the costs of mediation and assume their
own costs.
SECTION 22. INSURANCE.
The Governing Board, Executive Director, and Technical Advisory Committees shall take
such steps as are reasonably practicable to minimize the liability of the Participating
Agencies, including but not limited to the utilization of sound business practice. The
Governing Board shall determine which, if any, insurance policies or self-insurance
programs for governmental entities authorized in the State of Washington may be
reasonably and practicably acquired to cover liability exposures and other potential losses
arising from the operations of the Snohomish County 911 and the activities of the parties
pursuant to this Agreement (which may include Directors and Officers, Commercial
General Liability, Auto, Workers' Compensation, Stop Gap/Employer's Liability, errors
and omissions, crime/ fidelity insurance, CyberRisk, property damage or loss), and shall
direct the acquisition of same.
SECTION 23. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Principal shall defend, indemnify and hold other Principals, their
officers, officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of that Principal's
negligent acts or omissions in connection with the performance of its obligations under this
Agreement, except to the extent the injuries or damages are caused solely by the acts of a
Principal; provided, that if any such Claim is based on the concurrent negligence of more
than one Principal, then the indemnifying party's obligation hereunder applies only to the
extent of its negligence.
b. Each Principal shall defend, indemnify and hold the Snohomish County 911
and its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of that Principal's
negligent acts or omissions in connection with the performance of its obligations under this
Agreement, except to the extent the injuries and damages are caused solely by the acts of
the Snohomish County 911; provided, that if any such Claim is based on the concurrent
negligence of Snohomish County 911 and Principal, then the indemnifying party's
obligation hereunder applies only to the extent of its negligence.
C. As provided in its Articles, the Snohomish County 911 shall defend,
indemnify and hold each Principal its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of the Snohomish County 91l's acts or omissions in connection with the
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performance of its obligations under this Agreement, except to the extent the injuries and
damages are caused solely by the acts of any Principal;; provided, that if any such Claim
is based on the concurrent negligence of Snohomish County 911 and a Principal, then the
indemnifying party's obligation hereunder applies only to the extent of its negligence.
d. The Snohomish County 911 will hold harmless, indemnify and defend its
officers, officials, employees and volunteers from any and all legal liability, claims or
lawsuits of any kind for injuries, damages, losses of any kind occurring to another,
including attorney fees, which may arise out of the good faith performance of their duties
to the Snohomish County 911 and performed in the scope of their employment or service
to the Snohomish County 911, except to the extent the injuries, losses and/or damages are
caused by the intentional and knowing wrongful acts of any of the Snohomish County
911's officers, officials, employees or volunteers.
e. Subscribers shall be required to agree to indemnify and hold harmless each
Principal and the Snohomish County 911, their officers, officials, employees and
volunteers from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of Subscriber's negligent acts or omissions in connection with the receipt
of services from Snohomish County 911. To such degree as the Governing Board
determines to be reasonable, appropriate, and consistent with applicable law and to be in
the best interests of Snohomish County 911, Snohomish County 911 may also indemnify
and hold harmless Subscribers.
f. In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of a party
hereto and the Snohomish County 911, its officers, officials, employees, and volunteers,
the party's liability hereunder shall be only to the extent of the parry's negligence. It is
further specifically and expressly understood that the indemnification provided in this
Section constitutes the parry's waiver of immunity under Industrial Insurance Title 51
RCW, solely for the purpose of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this Section shall survive the expiration or
termination of this Agreement.
g. Each parry shall give the other parties proper notice as provided herein of
any claim or suit coming within the purview of these indemnities. Termination of this
Agreement, a Principal's withdrawal from the Snohomish County 911, or a Principal's
conversion to Subscriber status (collectively for purposes of this subparagraph
"Termination"), shall not affect the continuing obligations of each of the parties as
indemnitors hereunder with respect to those indemnities and which shall have occurred
prior to such Termination.
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SECTION 24. INTERGOVERNMENTAL COOPERATION.
The Snohomish County 911 shall cooperate with local, state and federal governmental
agencies in order to maximize the utilization of any grant funds for equipment and
operations and to enhance the effectiveness of the Snohomish County 911's operations and
minimize costs of service delivery.
SECTION 25. NOTICE.
Notices required to be given to Snohomish County 911 under the terms of this Agreement
shall be directed to the following unless all Principals are otherwise notified in writing:
President of the Governing Board and Executive Director, Snohomish County 911
c/o Snohomish County 911
1121 S.E. Everett Mall Way, Suite 200
Everett, WA 98208
Notices to Principals, Subscribers, Associate Agencies, Governing Board Members or
Representatives required hereunder may be given by mail, overnight delivery, facsimile or
email, or personal delivery. Each Principal shall provide the President of the Governing
Board written notice of the address for providing notice to said Principal. Any Principal
wishing to change its mail or email address shall promptly notify the President of the
Governing Board. Notice or other written communication shall be deemed to be delivered
at the time when the same is postmarked in the mail or overnight delivery services, sent by
facsimile or email (with confirmation of transmission), or received by personal delivery.
SECTION 26. COMPLIANCE WITH LAWS.
During the term of this Agreement, the parties hereto agree to comply with all federal,
State, and local laws as necessary to carry out the terms of this Agreement. Further, to the
extent that any Emergency Communication Services and/or Additional Services involve
the retention, security, confidentiality or other handling of certain "protected" health
information under the federal Health Insurance Portability and Accountability Act of 1996
("HIPAA") and its implementing regulations thereunder by the U.S. Department of Health
and Human Services and other applicable laws including chapter 70.02 RCW, the
Washington Uniform Health Care Information Act, as amended, the parties agree to
comply with such laws and execute documents as necessary to implement the requirements
under such laws.
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SECTION 27. VENUE.
The venue for any action related to this Agreement shall be in the Superior Court in and
for Snohomish County, Washington at Everett, Washington, or if applicable, in Federal
District Court, Western District of Washington.
SECTION 28. NO THIRD PARTY BENEFICIARIES.
There are no third -party beneficiaries to this Agreement. No person or entity other than a
party to this Agreement shall have any rights hereunder or any authority to enforce its
provisions, and any such rights or enforcement must be consistent with and subject to the
terms of this Agreement. In addition to the foregoing, nothing in this Agreement is intended
to create a special relationship or other basis for third party liability.
SECTION 29. SEVERABILITY.
The invalidity or any clause, sentence, paragraph, subdivision, section or portion of this
Agreement shall not affect the validity of the remainder of this Agreement.
SECTION 30. RATIFICATION.
All prior acts taken by the Principals and Snohomish County 911 consistent with this
Agreement are hereby ratified and confirmed.
SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND
RESTATEMENT OF ORIGINAL AGREEMENT, AND EFFECTIVE DATE.
The Original Agreement was executed on behalf of each Principal by its duly authorized
representative following approval of the Original Agreement by motion, resolution or
ordinance of its legislative authority. Pursuant to the terms of the Original Agreement and
except for certain amendments as provided in Section 18 of the Original Agreement, the
Original Agreement may be amended from time to time by Supermajority Vote of the
Governing Board of Snohomish County 911 without further approval of legislative
authorities of the Principals.
Pursuant to Section 4, Section 6.j and Section 18 of the Original Agreement, after giving
30 days' notice to each Principal as required by Section 18 of the Original Agreement, the
Governing Board of Snohomish County 911, by Supermajority Vote of its Principals,
authorized the amendment and restatement of the Original Agreement by the execution and
delivery of this Agreement.
This Agreement shall be deemed adopted and effective as ofApril 'vvvv yy, June
20, 2024, and as of such date, this Agreement shall control the operations and governance
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of Snohomish County 911. This Agreement shall be filed and/or posted as required by
chapter 39.34 RCW.
This Agreement shall be executed by the President of the Governing Board, and attested to
by the Secretary of the Governing Board.
IN WITNESS WHEREOF, this Agreement shall be effective as of the date set forth
above.
Snohomish County 911
By:
Jon Nehring
Board President
Attest:
By:
Terry Peterson
Board Secretary
Approved as to Form:
By:
Attorney for Snohomish County 911
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EXHIBIT A
Process for Selecting Governing Board Members and Alternates
Govemine Board Member-s shall be seleeted as seen as iffaetieable' flet fie later- than Six",
13 _
i 202229M, Governing Board Members are selected every two (2) years in April, through
the process described below.
If not defined in this Exhibit A, capitalized terms have the meaning stated in the
Agreement.
As used in this Exhibit A:
• Population Served means the residential population of all territory Directly Served
by a Principal Police Agency or Fire Agency, according to the most recent annual
report issued by the State Office of Financial Management each year determining
the population of each jurisdiction.
• Administration and Technology Cost Center means all costs allocated to this
cost center that are not otherwise attributed to another cost center as defined in
Exhibit B.
Step 1. Police Agencies are divided into four (4) caucuses
a. Rank each Police Agency by the pro rata share of the
Administration and Technology Cost Center for each Police A2ency
from smallest to largest, provided, however, that to avoid double counting,
Population Served shall be based on the population for which the Police
Agency has general policing responsibilities; contracts for special services
(such as bomb squad or SWAT responses only) are not included in the
calculation of Population Served.
b. Snohomish County shall be its own caucus (until and unless it is no longer the
largest Police Agency in terms of Population Serweapro rata share of the
Administration and Technology Cost Center, in which case all four caucuses
shall be determined as per Subsection c below).
c. The remaining Police Agencies shall be divided into three roughly equal
caucuses based on Popula4ion Sen,e pro rata share of the Administration and
Technology Cost Center, starting from the smallest Police Agency and
working up to agencies serving more population. In deciding where to divide
caucuses, the following rules shall apply:
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1. —No Police Agency shall be divided into two caucuses.
ii. Caucuses with the smallest agencies (the two caucuses with three
Governing Board Member seats, referred to as Small and Medium
Police Agencies on the Police Agencies Table below) shall be sized
by rounding up (exceeding the pepula4ien tafgetpKQ-rata share tar et
to the extent necessary to completely include the get pepu}atienpro
rata share target and not divide any Police Agency between caucuses),
and the larger Police Agency caucus (two Governing Board Member
seats, referred to as Next Largest Police Agencies in the Police
Agencies Table below) shall be rounded down.
Step 2. Fire Agencies are divided into three (3) caucuses
a. Rank each Fire Agency by Population Served, from the smallest to the
largest, provided, however, that to avoid double counting, Population Served
shall be based on fire suppression responsibility; contracts for limited services
(such as BLS/ALS response/transport) are not included in the calculation of
Population Served.
b. Divide the Fire Agencies into three (3) caucuses based on whether they are
small, medium or large agency, defined as follows:
i. A Large Fire Agency is defined as an agency serving 14% or more of
the total Population Served by all Fire Agencies.
ii. A Medium Fire Agency is defined as an agency serving more than 3%
and less than 14% of the total Population Served by all Fire Agencies.
iii. A Small Fire Agencies is defined as an agency serving 3% or less of
the total Population Served by all Fire Agencies.
Step 3. Each Caucus selects Board Members
a. In April, designated representatives from each Principal in each Police Agency
caucus and each Fire Agency caucus shall meet together and select Governing
Board Members to represent them on the Governing Board for the next two-
year term. Caucuses may determine their own rules for nominating and
selecting Governing Board Members, provided that the following rules shall
apply:
i. Representatives to the caucus shall be designated by the legislative
body of the Principal they represent (or by such other person as local
codes may require). Designated representatives must be qualified to
serve as a Governing Board Member.
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ii. An individual need not attend the caucus in order to be selected as a
Governing Board Member, so long as the person otherwise meet the
qualifications of a Governing Board Member.
iii. Each Principal within a caucus shall have an equal vote in selecting
each Governing Board Member.
iv. Any Principal who has designated more than one representative to the
caucus, and is unable to unanimously decide where to place their vote,
at the time the vote is called, shall forfeit their vote.
V. Voting by proxy will not be allowed.
vi. No Principal may have an elected official or staff member hold more
than one (1) Governing Board seat in a single caucus unless there are
more seats than Principals in the caucus.
vii. The Secretary shall record the votes of the caucus, Eae �
submit awritten statement to the Seer-etar-y f Snohomish CourAy 911
signed by not loss than half of theeauetts'ntati es pat4ieipmin
in the meeting, --confirming the individuals to whom the caucus's
Board seats are to be allocated for the next term of office. This record
shall be included in the next regularly scheduled board meeting
packet.
ors. .�srsmil:
..... in
Eb.The number of Governing Board Members to be selected by each caucus shall
be as follows:
Police Agencies (10 Board Members
Caucus 1: Largest Agencies (Currently 2 Governing Board Members, one of
Snohomish County is the only member) which must be the County Sheriff or an
assistant or deputy sheriff directly
reporting to the Sheriff — unless or until
the County is no longer the Largest Policy
Agency (in terms of Population Served),
in which case the two board members
shall be selected as per Caucus 2.
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Caucus 2: Next Largest Police Agencies
2 Governing Board Members, of which
one must be operational staff and one
must be an elected official
Caucus 3: Medium Police Agencies
3 Governing Board Members, of which
one must be an operational staff and one
must be an elected official
Caucus 4: Small Police Agencies
3 Governing Board Members, of which
one must be an operational staff and one
of must be an elected official
Fire Agencies (5 Board Members)
Caucus 1: Large Fire/EMS Agencies
3 Governing Board Members
Caucus 2: Medium Fire/EMS Agencies
1 Governing Board Member
Caucus 3: Small Fire/EMS agencies
1 Governing Board Member
Step 4. Each Caucus Selects a Slate of Designated Alternates, in Priority Order.
a. Each caucus shall select a slate of designated alternates in a number equal to
the number of Governing Board seats allocated to that caucus.
b. Each caucus shall prioritize its alternates to determine the order in which the
alternates are called upon to participate at a Governing Board meeting in the
event of an absence of any Governing Board member representing the caucus.
Caucuses may determine their own rules for nominating and selecting Board
Alternates, provided that the rules set forth in Step 3.a for selecting of Board
Members shall apply.
Vacancies
Any vacancies shall be promptly filled by the appointing caucus, which shall meet either
in person or telephonically to select a replacement Board Member and/or Alternate to serve
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the remainder of the vacant position's unexpired term. Such selection process shall be
subject to the rules outlined in Step 3.
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EXHIBIT B
Principal Assessment Formula
Assessments are calculated and charged separately for each Emergency Communications
Service provided for each Principal that has elected to receive such service. A Principal
that has elected to receive both Police and Fire/EMS Emergency Communications Services
will pay one Assessment for service to its Police agency and one Assessment for service to
its Fire/EMS agency. A Principal that has elected to receive only police or Fire/EMS
Emergency Communications Services from Snohomish County 911 only pays an
Assessment for the service so received.
Capitalized terms used in Exhibit B not defined in this Exhibit B have the meaning set
forth in the body of the Interlocal Agreement.
Description of the formula to derive Assessments for individual Principals.
Step 1: Divide the Net Adopted Budget into four cost pools:
• Administration ;and Technology, and Wireless T-eehnology
• Call Takers
• Police Dispatch
• Fire Dispatch
The costs allocable to each cost pool are further defined below (see "Definitions")
Step 2: Apply Revenues to cost pools according to the following guidelines:
• E-911 Tax Revenues will first be applied to offset all costs associated with the Call
Takers cost pool. Any E-911 Tax Revenues over and above the amount necessary
to fund all costs in the Call Takers cost pool will be applied to fund permissible
costs for such revenues within the Administration, Technology, and Wireless
Technology cost pool.
• Emergency Communications and Facility Tax Revenues will be applied to fund
permissible costs for such revenues within the Administration, Technology, and
Wireless Technology cost pool. Revenues that exceed the Administration,
Technology, and Wireless Technology cost pool will be applied to member
assessments using the formula assigned to this cost pool.
• The portion of Subscriber Contract revenues attributable to all Emergency
Communications Services except revenues attributable to the Wireless Technology
cost pool will be applied to the Police Dispatch and/or Fire Dispatch cost pool,
based on the services billed to the Subscriber. For example, revenues from a
Subscriber contract for Emergency Communications Services with the
Stillaguamish Tribe to service its Police Agency will be applied to reduce the size
of the Police Dispatch cost pool, except for any increment of such revenue charged
for Wireless Technology cost pool items.
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• The portion of any Subscriber Contract revenues attributable to Radio System
services will be applied to the Administration, Technology, and Wireless
Technology cost pool, including but not limited to any revenues attributable to cell
tower leases and other non -Assessment revenue attributable to the Radio System.
• Additional Services revenues will be applied to the Administration and
Technology, Police Dispatch, Fire Dispatch, and/or Wireless Technology cost pool,
based upon where the costs of those services are allocated.
Step 3: Divide the Administration and Technology, Call Taker, Police Dispatch and
Fire Dispatch cost pools between Police Agencies and Fire Agencies:
• Amounts in the Administration and Technology cost pool will be divided based
on the ratio of dispatch workstations assigned to each service (initially, 8 police
dispatch stations and 5 fire stations)
• Police 62%
• Fire 38%
If the Board approves deployment of an additional dispatch work station to serve
Police or Fire Agencies, this ratio will automatically change (the change is not
considered a formula change requiring Governing Board approval).
• Amounts in the Call Taker cost pool will be divided based on a ratio that reflects
an assessment of actual time spent by call takers processing each type of call:
• Police 75%
• Fire 25%
A change in this ratio requires Supermajority Vote of the Governing Board.
• Calculate a Cost per Console by dividing total Police Dispatch and Fire Dispatch
Costs by the total number of dispatch stations.
• Amounts in the Police Dispatch cost pool are allocated to Police Agencies and are
further separated out on a Cost -per -Console basis as between Shared Dispatch
Station costs and Dedicated Dispatch Station costs. (In 2017, of the 8 Initial Police
Dispatch stations, 5 were shared and 3 were dedicated1 to Marysville Police, and
2 to Everett Police).
• Amounts in the Fire Dispatch cost pool are allocated to Fire Agencies and are
further separated out on a Cost -per -Console basis as between Shared Dispatch
Station costs and Dedicated Dispatch Station costs (In 2017, there were 5 Shared
Dispatch Stations in the Fire Dispatch cost pool and no Dedicated Dispatch
Stations).
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Step 4: Allocate costs to individual Principals, calculating Fire and Police Agency
assessments separately as follows:
• Police Agency Principal Assessments:
1. Calculate the sum of costs allocated to all Police Agencies in the
Administration and Technology Cost pool plus the Call Taker cost pool,
and subtract Police Agency Subscriber contract revenues. Allocate the
resulting total amount between all Police Agency Principals based on the
Shared Cost Allocation Calculation. The total Police Agency Principal
Assessment for any individual Principal is this amount plus the individual
dispatch cost allocation derived from either item 2 or 3 below as applicable
to the individual Principal:
2. For Principal Police Agencies assigned to Shared Police Dispatch
stations: Each such Principal is allocated a shared of all Shared Police
Dispatch Station costs based on the Shared Cost Allocation Calculation.
3. For Principal Police Agencies with Dedicated Police Dispatch stations:
Each such Principal is allocated a cost equivalent to the Cost per Console
multiplied by the number of dedicated Police Dispatch stations for which
they have contracted.
• Fire Agency Principal Assessments:
1. Calculate the sum of costs allocated to all Fire Agencies in the
Administration and Technology Cost pool plus the Call Taker cost pool,
and subtract Fire Agency Subscriber contract revenues. Allocate the
resulting total amount between all Fire Agency Principals based on the
Shared Cost Allocation Calculation. The total Fire Agency Principal
Assessment for any individual Principal is this amount plus the individual
dispatch cost allocation derived from either item 2 or 3 below as applicable
to the individual Principal.
2. For Principal Fire Agencies assigned to Shared Fire Dispatch stations:
Each such Principal is allocated a shared of all Shared Fire Dispatch Station
costs based on the Shared Cost Allocation Calculation.
3. For Principal Fire Agencies with Dedicated Fire Dispatch stations:
Each such Principal is allocated a cost equivalent to the Cost per Console
multiplied by the number of dedicated Fire Dispatch stations for which they
have contracted.
ME
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• Shared Cost Allocation Calculation:
Take the total sum to be allocated and divide it up based on three different factors:
1. 54% of total costs are allocated based on the percentage share of a
Principal's Calls for Service as compared to total Calls for Service of all
such agencies (police or fire —including Principals and Subscribers). Calls
for Service shall be calculated as an annual average based on the most recent
8 calendar quarters (see definition of Call Calculation Period).
2. 23% of costs are allocated based on the percentage share of a Principal's
Assessed Value as compared to the total Assessed Value of all such
agencies (police or fire, Principals and Subscribers).
3. 23% of costs are allocated based on the percentage share of a Principal's
Population Served as compared to the total Population of all such agencies
(police or fire, Principals and Subscribers).
Principals who were "SERS Phase II" agencies and have a contract with Snohomish
County whereby the Principals remit operations and maintenance expenses for SERS to
the County to be passed through to SERS will continue to pay operation and maintenance
expense of the Radio System under such existing agreements until such agreements are
modified to permit direct payment of these charges, or such until such agreements expire,
whichever is first.
DEFINITIONS
Fire Agency or Fire Agencies: unless expressly noted otherwise, in this Exhibit these
terms include both Principals and Subscribers Directly Providing fire and medical
services that are Directly Served by Snohomish County 911.
Police Agency or Police Agencies: unless expressly noted otherwise, in this Exhibit
these terms include both Principals and Subscribers Directly Providing police services
that are Directly Served by Snohomish County 911.
Cost -Per -Console Total labor costs to staff all police and fire dispatch consoles
divided by the number of consoles.
Net Adopted Budget means the budget approved by the Governing Board after action
by all individual Principals, applicable in the time period for which the Assessment is
payable, less Other Revenues.
Other Revenues mean revenues received by Snohomish County 911 from sources
other than User Fees, E-911 tax revenues and Additional Services, including without
limitation Associate Agency fees, other miscellaneous revenues, grants, or awards that
may be available from time to time to offset the operating and capital costs of
Snohomish County 911.
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Administration and Technology, Costs
include all costs associated with providing the supervision, management, facilities
costs, insurance, reserve contributions, etc., of running the public safety dispatch center
and technologies including wireless technologies, and all other expenditures in the Net
Adopted Budget not included in the definition of Call Taker Costs and Dispatch Costs.
Call Taker Costs include all labor costs associated with the prescribed number of
operational staff assigned to staff the call taking function.
Police Dispatch Costs include all labor costs associated with the prescribed number
of operational staff assigned to all dispatch workstations designated for serving Police
Agencies.
Fire Dispatch Costs include all labor costs associated with the prescribed number of
operational staff assigned to all dispatch workstations designated for serving Fire
Agencies.
Shared Dispatch Stations are dispatch stations that not dedicated by agreement (as
opposed to workload allocation) to serve a single Principal or Subscriber.
Dedicated Dispatch Stations are dispatch stations that are dedicated by agreement to
serve a single Principal or Subscriber.
Labor Costs are direct costs of salary and benefits.
E-911 tax revenues mean revenues received by Snohomish County 911 from
Snohomish County pursuant to State law.
Calls for Service are defined on Appendix B-1, provided that until Snohomish County
911 has been in operation for more than three years, the calculation of the number of
Calls for Service shall be determined in whole or in part (to the extent necessary to
determine the two-year average number of calls for service) based on the number of
Calls for Service by each Charged Operation as reported by the records of the
dispatch agency previously serving each Charged Operation, and consistent with the
definition of Calls for Service in Appendix B-1.
Charged Operation refers to an individual Principal's fire/EMS agency/operation,
being charged under the Assessment formula.
The Call Calculation Period is defined as the first calendar quarter of the preceding
budget year, and the 7 calendar quarters preceding that. (For example, in 2019, the
Call Calculation Period be the first quarter of 2018, plus the preceding 7 calendar
quarters —all of 2017, and the last three quarters of 2016).
Population Served has the meaning set forth in Exhibit A.
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Assessed Value is the Assessed Value of taxable real property in an individual
Principal or Subscriber's or Snohomish County 911 Service Territory for the
Charged Operation (as applicable) for the most recently available tax year, as
published by the State Office of Financial Management or Snohomish County
Assessor.
"Service Area" means the geographic area of all territory Directly Served by a
Principal Police Agency or Fire Agency, with the County's Service Area
excluding incorporated areas that are Directly Served by another Police Agency.
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Appendix B-1
Definition of "Calls for Service"
The purpose of this Exhibit is to define Calls for Service for purposes of billing/funding
calculations.
Snohomish County 911 will bill each Principal based on the User Fee formula, which
incorporates consideration of Calls for Service as defined in this Exhibit.
Section 1. Call for Service Defined: Snohomish County 911 defines a Call for Service
for workload analysis and User Fee calculation as any request for service or unit initiated
activity resulting in creation of a Computer Aided Dispatch System (CAD) incident that
requires oversight by or interaction with Snohomish County 911 personnel, with the
exception of the following:
a. Any mutual aid incident where another Snohomish County 911 Principal within
the same classification (police/fire/medic) is dispatched as the primary responding
agency. For example, a police department that responds into another police
department's jurisdiction to provide assistance does not constitute a Call for Service
charged to the mutual aid responder. However, an incident involving both police
and fire/EMS would result in a Call for Service for both classifications. Similarly,
any mutual aid request dispatched to a location outside the Snohomish County 911
service area shall not constitute a Call for Service.
b. Any incident that is a duplicate of another Call for Service, or associated with
another Call for Service. For example, multiple calls about a single brush fire
incident will result in only one Call for Service for the fire/EMS responder.
C. Any incident that is cancelled by Snohomish County 911 personnel due to an error
or similar internal reasons. This does not include "cleared incidents ", which are
incidents that are cancelled when the requesting party calls back to cancel the
response after the incident has been entered into CAD.
d. Any informational broadcast including but not limited to CAD entries type codes
of NOTICE, NOTICEP & INFO.
Any informational incident used for tracking non police or Fire/EMS activity
created by dispatchers solely for the purpose of assisting the dispatcher in tracking
such activity, for example, utility call -outs.
Section 2: Assignment of CFS: As a general rule, CAD incidents are assigned to a
Principal when the incident occurs within its authorized dispatch area (geo-verified
location) and service discipline (Police/Fire) with the following exceptions:
a. Transit, Fire Marshall, Narcotics Task Force: these incidents are assigned to the
responsible countywide agency regardless of location.
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b. Traffic Stops: assigned to the initiating agency.
c. Non-geo verified incidents, in County: assigned to initiating agency.
If there are significant anomalies in the manner calls have been measured by SNOCOM
and SNOPAC, those anomalies shall be adjusted in a manner determined reasonable by the
Governing Board (Supermajority Vote item) in order to develop a fair means for
determining the number of calls across all agencies.
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EXHIBIT C
Principals and Associate Agencies of Snohomish County 911
PRINCIPALS:
SNOHOMISH COUNTY
CITY OF ARLINGTON
CITY OF BRIER
CITY OF EDMONDS
CITY OF EVERETT
CITY OF LAKE STEVENS
CITY OF LYNNWOOD
CITY OF MARYSVILLE
CITY OF MILL CREEK
CITY OF MONROE
CITY OF MOUNTLAKE TERRACE
CITY OF MUKILTEO
CITY OF WOODWAY
MARYSVILLE FIRE DISTRICT
NORTH COUNTY REGIONAL FIRE AUTHORITY
SNOHOMISH REGIONAL FIRE AND RESCUE
SNOHOMISH COUNTY FIRE DISTRICT NO.4
SNOHOMISH COUNTY FIRE DISTRICT NO. 5
SNOHOMISH COUNTY FIRE DISTRICT NO. 15
SNOHOMISH COUNTY FIRE DISTRICT NO. 16
SNOHOMISH COUNTY FIRE DISTRICT NO. 17
SNOHOMISH COUNTY FIRE DISTRICT NO. 19
SNOHOMISH COUNTY FIRE DISTRICT NO. 21
SNOHOMISH COUNTY FIRE DISTRICT NO. 22
SNOHOMISH COUNTY FIRE DISTRICT NO 23
SNOHOMISH COUNTY FIRE DISTRICT NO. 24
SNOHOMISH COUNTY FIRE DISTRICT NO. 25
SNOHOMISH COUNTY FIRE DISTRICT NO. 26
SNOHOMISH COUNTY FIRE DISTRICT NO. 27
SNOHOMISH COUNTY FIRE DISTRICT NO. 28
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
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ASSOCIATE AGENCIES:
CITY OF DARRINGTON
CITY OF GOLD BAR
CITY OF GRANITE FALLS
CITY OF SNOHOMISH
CITY OF STANWOOD
CITY OF SULTAN
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