Ordinance 4087ORDINANCE NO.4087
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN
INTERLOCAL AGREEMENT CREATING SNOHOMISH
COUNTY 911, A COUNTYWIDE CONSOLIDATED PUBLIC
EMERGENCY COMMUNICATIONS AGENCY, AND
AUTHORIZING OTHER RELATED ACTIONS.
WHEREAS, the City of Edmonds (the "City"), a municipal corporation formed under the
laws of the State of Washington (the "State"), is authorized by State law to provide emergency
communications services to assist with the dispatch of police and fire/emergency management
personnel to respond to 911 calls and related services; and
WHEREAS, the City has for many years contracted with the Southwest Snohomish County
Public Safety Communication Agency ("SNOCOM"), a municipal instrumentality of its members,
jointly organized by such members as a nonprofit corporation under chapter 24.03 of the Revised
Code of Washington ("RCW") as expressly authorized by RCW 39.34.030(3)(b) for the provision
of these emergency communications services; and
WHEREAS, SNOCOM and SNOPAC have worked for over three years to investigate the
feasibility of a consolidating the two agencies and, in the last year and a half the Boards of
Directors of the two agencies have negotiated terms and conditions for such a consolidation; and
WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have determined that it
is in the public interest to consolidate the two agencies in order to improve public safety and
achieve economies of scale; and
WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have each approved (by
at least two-thirds affirmative vote) a resolution authorizing the consolidation of SNOCOM and
SNOPAC into a new countywide public safety dispatch agency to be known as Snohomish County
911, pursuant to a plan of consolidation as required by chapter 24.06 RCW (the "Plan of
Consolidation"); and
WHEREAS, under the Plan of Consolidation, on January 1, 2018 (the "Consolidation
Effective Date"), SNOCOM and SNOPAC will become a single new corporation formed as a
municipal instrumentality of its members pursuant to RCW 39.34.030 and organized as a nonprofit
I
corporation under chapter 39.34 RCW as authorized by chapter 39.34 RCW, and SNOCOM and
SNOPAC will cease to exist as separate legal entities; and
WHEREAS, all agencies who are members of SNOCOM and SNOPAC may join
Snohomish County 911, either as a full member and co-owner (a "Principal"), or as an associate
agency (an "Associate Agency"), or alternatively may become a subscriber (a "Subscriber") of
contract services; and
WHEREAS, Snohomish County 911 is created and will be governed by the terms of the
Snohomish County Regional Public Safety Communications Agency Interlocal Agreement,
including all exhibits thereto (the "Agreement") in the form of a governmental nonprofit
corporation as authorized by chapter 39.34 RCW (the Interlocal Cooperation Act), and chapter
24.06 RCW (the Nonprofit Miscellaneous and Mutual Corporations Act); and
WHEREAS, in 2018 emergency communications dispatch operations will remain largely
as they are today, operating out of two existing facilities but under a new unified governance
structure under the Agreement; and
WHEREAS, the City meets the qualifications of a Principal as further defined in the
Agreement; and
WHEREAS, the City has been provided forms of the Agreement, the Articles of
Consolidation, the Plan of Consolidation, and other documents related to the consolidation of
SNOCOM and SNOPAC in order to make the determinations set forth herein; and
WHEREAS, the Edmonds City Council finds it is in the public interest of the citizens of
the City to become a Principal of Snohomish County 911 and to approve other matters related
thereto as set forth herein; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Approval of the Agreement, Execution. The City of Edmonds hereby approves
the Agreement in substantially the form attached hereto as Exhibit A and incorporated herein by
this reference, and elects to become a Principal of Snohomish County 911. The mayor is hereby
authorized and directed to execute, on behalf of the City, the Agreement, in form substantially
similar to that attached as Exhibit A, and to take other steps as necessary and to execute any related
2
documents in order that the City may become a Principal of Snohomish County 911. By execution
of the Agreement, the City hereby approves the consolidation of SNOCOM and SNOPAC
pursuant to the Plan of Consolidation.
Section 2. Election of Services. The City will request police and fire/emergency
management dispatch services from Snohomish County 911 beginning January 1, 2018, and the
mayor is directed to accordingly complete and submit the certification of service form attached as
Exhibit A to the Agreement.
Section 3. Approval of Assessments. The city's assessments payable to Snohomish
County 911 in 2018 as set forth in Exhibit E to the Agreement are hereby approved and shall be
included within the City's 2018 budget.
Section 4. Severabilily. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
ATTEST/AUTHENTICATED:
CITY CLERK,Stg14 PASSEY
APPROVED:
MAYOR DAVE
3
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JE F TARADAY
FILED WITH THE CITY CLERK: November 17, 2017
PASSED BY THE CITY COUNCIL: November 21, 2017
PUBLISHED: November 26, 2017
EFFECTIVE DATE: December 1, 2018
ORDINANCE NO.: 4087
0
SUMMARY OF ORDINANCE NO.4087
of the City of Edmonds, Washington
On the 21s' day of November, 2017, the City Council of the City of Edmonds, passed
Ordinance No. 4087. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN AN 1NTERLOCAL AGREEMENT CREATING
SNOHOMISH COUNTY 911, A COUNTYWIDE
CONSOLIDATED PUBLIC EMERGENCY
COMMUNICATIONS AGENCY, AND AUTHORIZING
OTHER RELATED ACTIONS.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of November, 2017.
5:�w
C CLERK, S ASSEY
5
SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS
AGENCY INTERLOCAL AGREEMENT
TABLE OF CONTENTS
RECITALS.................................................................................................... 1
SECTION 1.
CREATION OF SNOHOMISH COUNTY 911; STATUS OF MEMBERS AS OF
THE CONSOLIDATION EFFECTIVE DATE...........................................................
2
SECTION 2.
TERM OF AGREEMENT..................................................................
5
SECTION 3.
DEFINITIONS..................................................................................5
SECTION 4.
SNOHOMISH COUNTY 911 SERVICES ........................... ...................10
SECTION 5.
SNOHOMISH COUNTY 911 POWERS................................................I
I
SECTION 6.
GOVERNING BOARD: COMPOSITION AND OPERATION .....................13
SECTION 7.
TECHNICAL ADVISORY COMMITTEES...........................................19
SECTION 8.
ANNUAL AGENCY ASSEMBLY......................................................21
SECTION 9.
EXECUTIVE DIRECTOR................................................................22
SECTION 10.
PERSONNEL POLICY....................................................................22
SECTION 11.
OPERATIONAL POLICY AND SYSTEM EVALUATION .......................23
SECTION 12.
BUDGET; ASSESSMENT FORMULA; PAYMENT OF ASSESSMENTS;
DELINQUENCIES;
RESERVE FUNDS.................................................................23
SECTION 13.
ISSUANCE OF DEBT.....................................................................26
SECTION 14.
CONVERSION OF STATUS OF PARTICIPATING AGENCIES; ADDITION
OF NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF ADDITIONAL SERVICES
TOPRINCIPALS............................................................................................26
SECTION 15.
RETAINED POWERS OF PARTICIPATING AGENCIES ..........................28
SECTION 16.
INVENTORY AND PROPERTY.......................................................28
SECTION 17.
WITHDRAWAL BY OR TERMINATION OF PRINCIPAL ......................28
SECTION 18.
AMENDMENT OF AGREEMENT.....................................................29
SECTION 19.
MERGER, CONSOLIDATION OR SALE OF ALL OR SUBSTANTIALLY
ALLASSETS
................................................................................................30
SECTION 20.
TERMINATION OF AGREEMENT; DISSOLUTION................................30
SECTION 21.
DISPUTE RESOLUTION................................................................31
SECTION 22.
INSURANCE...............................................................................32
SECTION 23.
INDEMNIFICATION AND HOLD HARMLESS.....................................32
SECTION 24.
INTERGOVERNMENTAL COOPERATION........................................34
SECTION 25.
NOTICE................................................................................34
SECTION 26.
COMPLIANCE WITH LAWS.............................................................................34
SECTION27.
VENUE.....................................................................................35
SECTION 28.
NO THIRD PARTY BENEFICIARIES................................................35
SECTION 29.
SEVERABILITY..........................................................................35
SECTION 30.
RATIFICATION ..................................... ...................35
SECTION 31.
EXECUTION, COUNTERPARTS, AND EFFECTIVE DATE....................35
EXHIBITS AND APPENDICES
Exhibit A Initial Election to Receive Emergency Communication Services
from Snohomish County 911..................................................................... A-1
Exhibit B Process for Selecting Governing Board Members and Alternates ,,......... B-1
Exhibit C Principal Assessment Formula................................................C-1
Appendix C-1 Definition of "Calls for Service"...................................C-1-1
Exhibit D 2018 Budget for Snohomish County 911................................. ... D-1
Exhibit E 2018 Assessments................................................................E-1
Exhibit F Assessment Smoothing in First Year of Fully Integrated Services ....... F-1
ii
SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS
AGENCY INTERLOCAL AGREEMENT
THIS SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS
AGENCY INTERLOCAL AGREEMENT (this "Agreement"), incorporating all exhibits
hereto, is entered into by and between the parties that execute this Agreement from time
to time.
RECITALS
WHEREAS, the Southwest Snohomish County Public Safety Communication Agency
("SNOCOM") is a municipal instrumentality of its members, jointly organized by such
members as a nonprofit corporation under chapter 24.03 of the Revised Code of
Washington ("RCW") as expressly authorized by RCW 39.34.030(3)(b); and
WHEREAS, the Snohomish County Police Staff and Auxiliary Services Center
("SNOPAC") is 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); and
WHEREAS, both SNOCOM and SNOPAC provide emergency communication services
on behalf of their member agencies and their combined service territory covers the vast
majority of Snohomish County; and
WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have investigated the
means by which consolidation of their two emergency communication services
operations may be accomplished for the purpose and benefit of enhancing public safety
and the safety of police, fire and emergency medical services staff responding to
emergencies ("first responders"); and
WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have determined that
consolidation of the two agencies will ensure delivery of emergency communication
services at or above current service levels; deliver such services to the public and first
responders in a highly efficient manner; improve public safety by eliminating the need to
transfer tens of thousands of 911 emergency calls between the two agencies each year;
realize economies of scale through consolidation of activities; promote interagency
collaboration, communication and interoperability; and support efforts to continually
identify means to enhance service delivery over time; and
1
WHEREAS, the Boards of Directors of SNOCOM and SNOPAC have each taken formal
action to approve the consolidation of their respective agencies in accordance with RCW
24.03.195 and RCW 24.06.220, respectively, into a single agency to be known as
Snohomish County 911 ("Snohomish County 911"), in order to provide emergency
communication services on a regional basis throughout Snohomish County for
participating member agencies and other public and private agencies that may contract
with Snohomish County 911 for such services; and
WHEREAS, substantial investigation of alternative approaches to the calculation of user
fees has resulted in a fee formula which the parties agree is fair and equitable; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act (chapter
39.34 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; STATUS OF
MEMBERS AS OF THE CONSOLIDATION EFFECTIVE DATE.
a. Creation of Snohomish County 911. 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 herein and approved a plan of consolidation ("Plan of Consolidation") as
required by chapters 24.03 and 24.06 RCW. Subsequent to such approval,
representatives of SNOCOM and SNOPAC have or will execute the Articles of
Incorporation Due to Consolidation (the "Articles") and have or will file such Articles
with the Secretary of State. As permitted by RCW 23.95.210, the effective date for the
consolidation shall be January 1, 2018 (the "Consolidation Effective Date").
As of the Consolidation Effective Date:
i. SNOCOM and SNOPAC shall be a single corporation to be known
as "Snohomish County 911" as provided in the Articles ("Snohomish County
911").
ii. Snohomish County 911 shall be formed as a municipal
instrumentality of its Principals pursuant to RCW 39.34.030 and shall be
2
organized as a nonprofit corporation under chapter 24.06 RCW as authorized by
chapter 39.34 RCW. This Agreement shall govern the Snohomish County 911.
iii. SNOCOM, SNOPAC and each party to this Agreement hereby
delegates to Snohomish County 911 the authority to provide emergency
communication services as provided herein.
iv. The separate existence of SNOCOM and SNOPAC, except as
formed as Snohomish County 911, shall cease.
V. Snohomish County 911 shall 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.
vi. Snohomish County 911 shall thereupon and thereafter possess 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, 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 consolidation.
vii. Snohomish County 911 shall be 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.
viii. Snohomish County 911, as successor to SNOCOM AND
SNOPAC, shall have 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.
ix. The statements set forth in the Articles shall be deemed to be the
articles of incorporation of Snohomish County 911.
3
b. Status of SNOCOM and SNOPAC Members as of the Consolidation
Effective Date. Each member agency of SNOCOM and SNOPAC which, by
December 31, 2017, approves, by action of its legislative authority, the execution and
delivery of this Agreement and is qualified to become and elects to be a Principal of
Snohomish County 911 by making such designation on the services election form
attached hereto as Exhibit A, shall be deemed a Principal of Snohomish County 911 as of
the Consolidation Effective Date.
Alternatively, by December 31, 2017, a member agency of SNOCOM or SNOPAC may
(i) elect to be a Subscriber of Snohomish County 911 by providing written notice of same
to Snohomish County 911 together with notice of its service election, (ii) provide notice
to Snohomish County 911 of its request to be an Associate Agency, or (iii) provide notice
to Snohomish County 911 of its intent to provide its own emergency communication
services and to not be a Principal, Subscriber or Associate Agency of Snohomish County
911.
The initial Principal, Subscriber, or Associate Agency status of each agency shall remain
in place until such status is changed pursuant to the terms of this Agreement. Agencies
that elect to become Subscribers shall promptly execute the applicable subscriber contract
in a form approved and provided by the Governing Board.
Notwithstanding the foregoing, in the interest of public safety, in the event any member
agency of SNOCOM or SNOPAC qualified to be a Principal or Subscriber under this
Agreement has not, by December 31, 2017, taken official action to execute this
Agreement or notified Snohomish County 911 of its intent prior to this subsection, then
such member of SNOCOM or SNOPAC shall be deemed to be a Subscriber of
Snohomish County 911 for the period between the Consolidation Effective Date and
February 15, 2018 (the "Gap Period"). During the Gap Period Snohomish County 911
agrees to provide Emergency Communication Services to such agency in order to allow
the agency to complete its formal notification process to Snohomish County 911, and
such agency shall be permitted to execute this Agreement and/or elect to be a Principal,
Associate Agency, or Subscriber during the Gap Period; provided, that agencies deemed
to be Subscribers during the Gap Period pursuant to this paragraph shall be charged a fee
for such services based on the 2018 Assessments as described in Exhibit E attached
hereto plus a latecomer fee equal to 25% of the pro-rata share of Assessments incurred
from the Consolidation Effective Date through the date the agency either executes this
Agreement or executes a Subscriber contract with Snohomish County 911. Snohomish
County 911 shall seek to promptly resolve the status of any agency deemed to be a
Subscriber under this paragraph.
12
SECTION 2. TERM OF AGREEMENT.
This Agreement shall have an initial term of six (6) years (the "Initial Term"), and shall
thereafter 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.r, 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
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. Agency Assembly. The "Agency Assembly" is the annual meeting of
representatives from the Principals, Subscribers and Associate Agencies, as described in
Section 8.
C. Agreement. "Agreement" means this Snohomish County Regional Public
Safety Communications Agency Interlocal Agreement, as it may hereafter be amended or
modified, together with all exhibits and appendices hereto, as they may hereafter be
amended or modified.
d. 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.
e. Articles. "Articles" mean the Articles of Incorporation Due to
Consolidation of Snohomish County 911 as defined in Section 1.
5
f. Assessments. "Assessments" mean the portion of User Fees charged to
Principals for Emergency Communication Services in accordance with the Assessments
formula in provided for in Exhibit B. Assessments are a subset of User Fees. Changes to
the Assessment formula require Supermajority Approval of the Governing Board.
Assessments include costs of Ancillary Services but exclude Additional Services.
g. Associate Agency. "Associate Agency" is a unit of local government that
has executed 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 B, and may participate in the Agency Assembly.
h. Consolidation Effective Date. "Consolidation Effective Date" means
January 1, 2018.
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 operating
officer for Snohomish County 911 appointed by and serving at the pleasure of the
Governing Board.
0
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" is the Snohomish County emergency radio system developed, owned and,
as of the Consolidation Effective Date, operated by SERS, including but not limited to
base stations and towers for such radio system and microwave backbone.
P. Fire Agency. A "Fire Agency" is a Principal that is a Direct Provider of
fire and/or EMS services.
q. Fire/EMS Technical Adviso 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.
r. Fully Integrated Service . "Fully Integrated Services" are Emergency
Communication Services provided by Snohomish County 911 from and after the date that
dispatch services are regularly provided at a single primary facility (which is currently
located at 1121 S.E. Everett Mall Way, Everett, WA 98208). Fully Integrated Services
are anticipated to begin on or about January 1, 2019.
S. Gap Period. "Gap Period" means the period between the Consolidation
Effective Date and February 15, 2018.
t. Governing. The "Governing Board" is the body described in
Section 6 and shall be the governing body of Snohomish County 911.
U. Initial Term. The "Initial Term" refers to the first six (6) years in which
this Agreement shall be in effect.
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. 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."
X. Plan of Consolidation. "Plan of Consolidation" means the plan approved
by SNOPAC and SNOCOM as required by chapters 24.03 and 24.06 RCW.
Y. Police Agency. A "Police Agency" is a Principal that is a Direct Provider
of policing services.
7
Z. 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.
aa. Police Technical Adviso 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.
bb. 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 has accepted the terms of and has executed this Agreement
from time to time.
CC. 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).
dd. 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.
ee. SERS. "SERS" is 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 it may thereafter be amended.
ff. Simple -Majority Vote. A "Simple -Majority Vote" of the Governing
Board means a majority of the votes of the Members present constituting a quorum and
voting.
gg. 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, as confirmed by its election of service
form (Exhibit A), as it may be updated from time to time per Section 6.c.
8
hh. SNOCOM. "SNOCOM" is the Southwest Snohomish County Public
Safety Communication Agency, formed pursuant to chapters 39.34 and 24.03 RCW.
ii. Snohomish County 911. "Snohomish County 911" refers to the
intergovernmental agency formed pursuant to chapters 39.34 and 24.06 RCW, this
Agreement and the Articles.
jj. SNOPAC. "SNOPAC" is the Snohomish County Police Staff and
Auxiliary Services Center formed pursuant to chapters 39.34 and 24.06 RCW.
kk. State. "State" means the state of Washington.
I Subscriber. A "Subscriber" 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 the State, other than a Principal, which 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. A Subscriber may also be a tribal
government, a specialized public safety operation within County government, or private
for profit or non-profit corporation providing services that require use of Emergency
Communications Services, for example and without limitation, a private ambulance
service, provided further that Subscribers described in this sentence may not become
Principals.
mm. Supermajority 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.
nn. Technical Advisory Committees. "Technical Advisory Committees" are
the Police Technical Advisory Committee and the Fire/EMS Technical Advisory
Committee established by Section 7.
oo. Transition Board. The "Transition Board" is the temporary Governing
Board organized for the purpose of providing initial oversight of the start-up of
Snohomish County 911 pursuant to Section 6.b.
M
pp. 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. User Fees charged to Subscribers may be approved by Simple
Majority Vote of the Governing Board.
qq. 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;
vi. Establishing and updating from time to time standard protocols for
communications to and from personnel in the field;
vii. Providing certain Ancillary Services; and
10
viii. Upon a Supermajority Vote of the Governing Board, providing
services then -provided by SERS together with all necessary or advisable
additional services and actions directly related to SERS.
b. From the Consolidation Effective Date through December 31, 2019,
Snohomish County 911 shall provide Enhanced Police Records Services to Principals and
Subscribers who were SNOCOM member agencies with Police Agencies that are
Directly Served by Snohomish County 911. During this time, such services will be
deemed Ancillary Services and are hereby approved as Ancillary Services. No later than
May 2019, the Executive Director will make a written recommendation to the Governing
Board as to whether, beginning on January 1, 2020, Enhanced Police Records Services
should be: (i) discontinued; (ii) offered to all Participating Agencies; or (iii) continue to
be provided only to former SNOCOM Police Agencies, and whether such services should
be treated as Ancillary Services or Additional Services. The Governing Board shall make
a determination regarding the treatment of Enhanced Police Records Services no later
than June 30, 2019.
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;
11
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);
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;
12
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;
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 -voting member. Ten
(10) of the Governing Board voting member seats shall be allocated to Police Agencies,
five (5) Governing Board voting member seats shall be allocated to Fire Agencies, and
one (1) non -voting member seat shall be allocated to an Associate Agency or a Single -
Service Principal. Governing Board Members and their alternates shall be selected in the
manner described in Exhibit B. Notwithstanding the foregoing, from the Consolidation
Effective date until the first meeting of the Governing Board, Snohomish County 911
shall be governed by the Transition Board described below. The first meeting of the
Governing Board shall occur no later than January 31, 2018, at which point the Transition
Board member terms and authority shall expire.
b. Transition Board. To govern the Snohomish County 911 until such time as
all Participating Agencies and Associate Agencies have an opportunity to conduct their
first caucuses and select initial Governing Board Members, a Transition Board will be
13
created for the limited time and purposes described in this subsection. The Transition
Board shall be composed of six (6) members, including: three (3) members and one
alternate from the 2017 SNOPAC Board of Directors members or alternates and three (3)
members and one alternate from the 2017 SNOCOM Board of Directors members or
alternates, duly selected by the respective boards in 2017 for this service; provided, that
all members of the Transition Board must otherwise be qualified to serve as voting Board
Members of Snohomish County 911 and their agencies must be Principals of Snohomish
County 911 and a party to this Agreement. Alternates shall serve in the absence of a
Transition Board member from their appointing agency. The Transition Board shall be
responsible for selecting and appointing an interim Executive Director of Snohomish
County 911 to oversee the management of Snohomish County 911 until the first elected
Governing Board takes action with respect to this position. The Transition Board shall
direct the interim Executive Director to convene the Principals and Associate Agencies
no later than January 15, 2018, for purposes of meeting as caucuses to elect the initial
Governing Board Members and Alternates. The Transition Board shall only take such
actions as are immediately necessary for the conduct of business of the Snohomish
County 911 in the month of January 2018. Meetings of the Transition Board shall be
open to the public to the extent required by chapter 42.30 RCW. The provisions of this
Agreement regarding qualifications to serve (Section 6.c), quorum (Section 6.h), voting
(Section 6.i) and conduct of meetings (Sections 6.m and 6.o) of the Governing Board
shall apply to the Transition Board.
C. Oualifications to Serve. A Governing Board Member, or his or her
alternate must be duly selected in the manner described in Exhibit B 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
Snohomish County Executive Director.
d. Terms of Office. Governing Board Members are elected every two (2)
years by caucuses at the Agency Assembly, as described further in Exhibit B. The terms
of the newly elected Board Members commence with the first Governing Board meeting
in May; provided, however, that the first elected Governing Board Members' terms of
office shall run from their date of election in January 2018 through May 2020 and
provided further that the Transition Board shall serve only until the first elected
Governing Board Members' are selected in January 2018.
e. Election to Receive Service From Snohomish County 911 • Impact on
Governing Board Representation. Each Principal shall determine which of its respective
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
14
operations will receive services from Snohomish County 911 will be recorded by the
submittal by each Principal of a completed service election form, substantially in the
form set forth at Exhibit A. 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.
f. 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.
g. Alternates. Alternates shall be selected and shall serve in the absence of
Governing Board Members in the manner described in Exhibit B. Alternates must meet
the same qualifications as Governing Board Member.
h. 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.
i. Voting. The Board shall strive to operate by consensus. All Board
decisions on items not listed in Section 6J 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.
j. Items Requiring Supermalority 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);
ii. Approval of a budget that exceeds the prior approved budget by a
percentage in excess of the most recently published Consumer Price Index —
15
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, including but not limited to acquiring
assets held by SERS and providing services then -provided by SERS in
accordance with Section 4.a.vii.;
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.
k. 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 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
16
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.
1. Staffing. The Executive Director shall assign agency staff to support the
Governing Board as he or she deems appropriate.
in. 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.
n. Bylaws. The Governing Board shall be authorized to establish bylaws that
govern procedures of the Governing Board.
o. Parliamentary _Authorily. 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.
P. 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
17
regular Governing Board meeting. The Governing Board shall consider input from the
Technical Advisory Committees in its deliberations.
q. 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 911's most accurate
data and the parties involved in the boundary or service territory change shall amongst
themselves address any User Fee allocation issues.
r. Service Changes, Merger or Annexation of a Participating A enc
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
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
18
(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.
S. Associate Agencies. 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.
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.
19
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-third 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 initially elected at the first meeting of
each Technical Advisory Committee after the effective date of this Agreement, by
majority vote of the Representatives on the respective Technical Advisory Committee,
and shall serve for a one-year term. Annually thereafter, the Vice Chair shall assume the
role of Chair and the Joint Operating Board shall elect a new Vice -Chair. In the event of
a vacancy in the Chair position, the Vice -Chair shall assume the Chair for the balance of
the term of the departed Chair. In the event of a vacancy in the Vice -Chair position, the
Technical Advisory Committee shall elect a new Vice -Chair to serve to the balance of the
term of the departed Vice -Chair. An officer of a Technical Advisory Committee elected
to fill the unexpired term of his or her predecessor shall not be precluded from serving a
full annual term of office following the end of such unexpired term.
h. Staffing. The Technical Advisory Committees shall be staffed by the
Executive Director 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
20
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 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 ASSEMBLY.
a. Purpose. To provide a forum for an exchange of information and ideas
between Snohomish County 911 and its Principals, Subscribers and Associate Agencies,
the Governing Board shall in April of each year convene an Agency Assembly, at which
the Executive Director shall present an annual report outlining:
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.
Also at the Agency Assembly, Board President shall offer remarks on behalf of the
Board. The Agency Assembly shall be open to the public to the extent required by
chapter 42.30 RCW.
b. Governing Board Meeting at the Agency Assembly. The required annual
Governing Board meeting shall occur immediately after the Agency Assembly.
C. Caucuses for Election of Board Members. Every two (2) years, beginning
in 2020, the Agency Assembly agenda will include a time for caucuses to meet and elect
governing Board Members and their alternates as provided in Section 6 and Exhibit B,
and to announce the results of the caucus deliberations.
d. Attendance. Each Principal, Subscriber, and Associate Agency may send
one or more elected officials as well as police chiefs, fire chiefs, their deputies or
assistants or other personnel to participate in the Agency Assembly. Participation in
caucuses for election of Governing Board Members is governed by Exhibit B.
e. Action b Attr. ideas. Attendees of the Agency Assembly may vote to
recommend changes to the proposed budget policy, work program and performance
measures program, and may provide additional comments and questions to the Governing
Board. Voting by attendees shall be based on one -vote per each Principal, Subscriber,
and Associate Agency, with a simple majority vote of all agencies represented at the
21
meeting required to approve any recommendation to be forwarded to the Governing
Board. The actions and recommendations of attendees at the annual Agencies' Assembly
shall be advisory to the Governing Board.
SECTION 9. EXECUTIVE DIRECTOR.
The Governing Board shall be responsible for the appointment and termination of the
Executive Director. An interim Executive Director shall be appointed by the Transition
Board as provided in Section 6.b. The interim Executive Director shall 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.
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.
22
SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION.
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.
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.
b. Budget Policy Direction. The Executive Director shall present a proposed
outline of the policy approach to the budget for the upcoming budget to the attendees of
the Agency Assembly. Input received from attendees at the Agency Assembly shall be
reported to the Governing Board. After receiving such reports, the Governing Board
shall adopt a budget policy as direction for the Executive Director in preparing the
budget.
C. Budget AppLqval. 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 15. Thereafter
and in no event later than September 25, 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 C 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
23
with Section 6 j. In the event the Snohomish County 911 assumes the authorities of
SERS as authorized in Section 4.c., the costs associated with delivering that expansion of
services shall be incorporated into the Assessment formula and the User Fee for
Subscribers as the Board shall determine by Supermajority Vote. Additional Services
require only Simple Majority Vote of the Governing 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. Assessments not paid when due by a Principal
shall begin to accrue interest on the date the Assessment was originally due and shall
continue until the Assessment 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 Principal and provide a 60-day cure
period from the original due date of the payment, during which period the Assessment
shall accrue interest as provided in the immediately preceding sentence. If such
Assessments and accrued interest 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 and subject to penalty
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 and interest 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 interest.
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
24
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
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. All amounts held in
reserve funds held by SNOCOM and SNOPAC as of the Consolidation Effective Date
shall be transferred to Snohomish County 911 to be placed in a reserve fund or funds at
Snohomish County 911.
i. Snohomish County 9l 1 2018 I3udget and User Fees. Notwithstanding the
requirements in this Agreement regarding approval of budgets, Assessments and User
Fees to the contrary, the following terms and conditions will apply with respect to the
budget, Assessments and User Fees for Snohomish County 911 in 2018.
i. The budget for Snohomish County 911 for 2018 shall be adopted
substantially as set forth in Exhibit D; essentially, the adopted SNOCOM 2018
budget plus the adopted SNOPAC 2018 budget, including an amount to pay for
transition costs to be funded from reserves.
ii. The 2018 budget shall be subject to amendment as the Governing
Board deems necessary or appropriate.
iii. Assessments for Principals for Emergency Communication
Services provided under this Agreement through December 31, 2018 shall be as
set forth in Exhibit E, and are based on the assessments each agency would have
paid had the consolidation of SNOCOM and SNOPAC not occurred. Such
assessments shall be payable not less frequently than quarterly in accordance with
regular practice of SNOCOM and SNOPAC, and shall be subject to such
delinquency and other penalties as provided herein.
iv. Any Principals or Subscriber purchasing Additional Services in
2018 shall do so through entering into a separate contract with Snohomish County
911.
25
j. Rate Smoothing. As further described in Exhibit F, "rate smoothing" will
be applied in the first budget year in which the Assessment formula defined in Exhibit C
is applied.
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.
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:
i. 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;
26
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 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.
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
27
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 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
28
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 12.f.
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.
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
29
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
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.
WE
ii. Loaned Progerty. 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 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
31
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 parry'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 911's 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 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
32
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 party's negligence. It is
further specifically and expressly understood that the indemnification provided in this
Section constitutes the party'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 party 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.
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.
33
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 (with confirmation of transmission), 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.
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.
34
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 AND EFFECTIVE DATE.
This Agreement may be executed from time to time in any number of counterparts, each
of which shall be an original, but those counterparts will constitute one and the same
instrument. Further, this Agreement may be executed from time to time, without official
action of the legislative body of each party hereto, in order to add a new Principal to
Snohomish County 911. This Agreement shall be executed from time to time on behalf
of each Principal [and Associate Agency] by its duly authorized representative following
approval of this Agreement by motion, resolution or ordinance of its legislative authority.
This Agreement may be amended as provided herein.
This Agreement shall be deemed adopted and effective as of January 1, 2018. This
Agreement shall be filed and/or posted as required by chapter 39.34 RCW.
IN WITNESS WHEREOF, this Agreement has been executed by each Principal
on the date set forth below:
[Remainder of Page Intentionally Left Blank; Signature Pages to Follow]
35
PRINCIPALS:
SNOHOMISH COUNTY
County Executive
CITY OF ARLINGTON
Mayor
CITY OF BRIER
APPROVED AS TO FORM:
Snohomish County Prosecuting Attorney
APPROVED AS TO FORM:
Arlington City Attorney
APPROVED AS TO FORM:
t
-ayor City Attorney
CITY OF EDMONDS
Mayor
CITY OF EVERETT
Mayor
ATTEST:
2;
�4
Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
S-1
CITY OF LAKE STEVENS
Mayor
CITY OF LYNNWOOD
Mayor
CITY OF MARYSVILLE
Mayor
CITY OF MILL CREEK
City Manager
CITY OF MONROE
Mayor
CITY OF MOUNTLAKE TERRACE
City Manager
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
S-2
CITY OF MUKILTEO
Mayor
CITY OF WOODWAY
Mayor
NORTH COUNTY REGIONAL FIRE
AUTHORITY
Chair, Governance Board
SNOHOMISH COUNTY FIRE DISTRICT
NO. 4
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 5
Chair, Board of Commissioners
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
Attorney for North County RFA
APPROVED AS TO FORM:
Attorney for District 4
APPROVED AS TO FORM:
Attorney for District 5
S-3
SNOHOMISH COUNTY FIRE DISTRICT
NO. 7
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 8
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 12
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 15
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 16
Chair, Board of Commissioners
APPROVED AS TO FORM:
Attorney for District 7
APPROVED AS TO FORM:
Attorney for District 8
APPROVED AS TO FORM:
Attorney for District 12
APPROVED AS TO FORM:
Attorney for District 15
APPROVED AS TO FORM:
Attorney for District 16
S-4
SNOHOMISH COUNTY FIRE DISTRICT
NO. 17
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 19
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 21
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 22
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO.23
Chair, Board of Commissioners
APPROVED AS TO FORM:
Attorney for District 17
APPROVED AS TO FORM:
Attorney for District 19
APPROVED AS TO FORM:
Attorney for District 21
APPROVED AS TO FORM:
Attorney for District 22
APPROVED AS TO FORM:
Attorney for District 23
S-5
SNOHOMISH COUNTY FIRE DISTRICT APPROVED AS TO FORM:
NO. 24
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO.25
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 26
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 27
Chair, Board of Commissioners
SNOHOMISH COUNTY FIRE DISTRICT
NO. 28
Chair, Board of Commissioners
Attorney for District 24
APPROVED AS TO FORM:
Attorney for District 25
APPROVED AS TO FORM:
Attorney for District 26
APPROVED AS TO FORM:
Attorney for District 27
APPROVED AS TO FORM:
Attorney for District 28
S-6
SOUTH SNOHOMISH COUNTY FIRE & APPROVED AS TO FORM:
RESCUE REGIONAL FIRE AUTHORITY
Chair, Governance Board Attorney for South Snohomish Fire & Rescue
S-7
ASSOCIATE AGENCIES:
CITY OF DARRINGTON
Mayor
CITY OF GOLD BAR
Mayor
CITY OF GRANITE FALLS
City Manager
TOWN OF INDEX
Mayor
CITY OF SNOHOMISH
Mayor
CITY OF STANWOOD
Mayor
CITY OF SULTAN
Mayor
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
S-8
EXHIBIT A
Initial Election to Receive Emergency Communication Services
from Snohomish County 911
To be returned to: Snohomish County 911
1121 S.E. Everett Mall Way, Suite 200
Everett, WA 98208
For Agencies becoming Principals:
The undersigned, as party to the Snohomish County Regional Public Safety
Communications Agency Interlocal Agreement (the "Agreement") and a Principal in
Snohomish County 911, hereby confirms that it elects to receive from Snohomish County
911 Emergency Communication Services as defined in the Agreement, for its
Police department/operation
Fire/Emergency Medical Services department/operation
as and when such service becomes available in accordance with the Agreement.
(Cities and Towns: If both services are not checked above, please indicate below the
service provider that will be providing such service, and whether that is being provided
per a service contract with your jurisdiction or as a matter of law (i.e., annexation into a
Fire District).
For Agencies becoming Associate Agencies:
The undersigned, as party to the Agreement hereby confirms that it will be an Associate
Agency of Snohomish County 911. Associate Agency receives
Local Policing services by contract with
Fire/Emergency Medical Services by contract with
For all signatory agencies:
Contact information for the elected department/operation(s) is set forth below
Signed this day of , 2017.
Agency Name:
By:
Its:
A-1
Please attached contact information for all served department/operation(s) (Names, Title,
Address, Phone and e-mail.
A-2
EXHIBIT B
Process for Selecting Governing Board Members and Alternates
Governing Board Members are selected every two (2) years in April as part of the
Agency Assembly, through the process described below; provided, that the first caucuses
shall be held in January 2018, and the Governing Board Member terms for persons
elected at such caucuses shall last from their date of election through the first meeting of
the Governing Board in May 2020.
If not defined in this Exhibit B, capitalized terms have the meaning stated in the
Agreement.
As used in this Exhibit B:
• 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.
Step 1. Police Agencies are divided into four (4) caucuses
a. Rank each Police Agency by Population Served
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 Served, 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 Population Served, 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:
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 population target to the extent
necessary to completely include the target population and not divide
any Police Agency between caucuses), and the larger Police Agency
I:-BI
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. At the Agency Assembly, 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.
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. Voting by proxy will not be allowed.
WN
V. 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.
vi. Each caucus shall submit a written statement to the Secretary of
Snohomish County 911, signed by not less than half of the caucus'
representatives present at the Agency Assembly, confirming the
individuals to whom the caucus's Board seats are to be allocated for
the next term of office.
b. Designated representatives from each Associate Agency and each Single -
Service Principal shall also form a caucus at the Agency Assembly to select a
single non -voting Board Member. Representatives to the caucus shall be
designated in the same manner as described in Step 3.a.i, one from each
Associate Agency and each Single -Service Principal. The caucus rules
described in Step 3.a apply, as do rules for selecting an alternate as described
in Step 4. In no event shall the Governing Board Member appointed by this
caucus be from an agency that also has a voting Governing Board Member
elected for the same board term.
c. 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
2 Governing Board Members, one of
(Currently Snohomish County is the
which must be the County Sheriff or
only member)
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.
Caucus 2: Next Largest Police
2 Governing Board Members, of
Agencies
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 (S Board Members)
Caucus 1: Large Fire/EMS
3 Governing Board Members
Agencies
Caucus 2: Medium Fire/EMS
1 Governing Board Member
Agencies
Caucus 3: Small Fire/EMS agencies
1 Governing Board Member
Associate Agencies and Single -Service Principals (1 non -voting
Governing Board Member)
1 Caucus I 1 non -voting 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 the remainder of the vacant position's unexpired term. Such selection process shall
be subject to the rules outlined in Step 3.
MIA
EXHIBIT C
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.
The Transition Period is the time period beginning on the date which Snohomish
County 911 has been legally formed through the beginning of the budget year in which
Snohomish County 911 begins delivering Fully Integrated Services, anticipated to be
calendar year 2019.
This Exhibit C sets forth Assessment Formulas applicable from and after the point that
Fully Integrated Services begin, anticipated to be January 1, 2019, or whichever date is
otherwise selected by the Governing Board for simplicity of budgeting purposes. For
example, if Fully Integrated Services become operational in February 2019, the
Governing Board may nevertheless apply the User Fee formula to fund the Net Budget
for all of calendar year 2019.
Capitalized terms used in Exhibit C not defined in this Exhibit C 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
• 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 and Technology
cost pool.
• Subscriber Contract revenues will be applied to the Police Dispatch and/or Fire
Dispatch cost pool, based on the services billed to the Subscriber. For example,
C-1
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.
Additional Services revenues will be applied to the Administration and
Technology, Police Dispatch and/or Fire Dispatch Cost pool, based upon where
the costs of those services are allocated.
Step 3: Divide the four 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 dedicated-1 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).
C-2
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:
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.
C-3
• 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
Member'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 Members
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 Member's
Population Served as compared to the total Population of all such agencies
(police or fire, Principals and Subscribers).
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.
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, and all other expenditures in
the Net Adopted Budget not included in the definition of Call Taker Costs and Dispatch
Costs.
C-4
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 C-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 C-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 B.
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.
C-5
Appendix C-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.
e. 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.
C-1-1
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.
C-1-2
1 *14 Is I 1 .110 8 11
2018 Budget for Snohomish County 911
Combining SNOCOM/SNOPAC 2018 Approved Budgets
SNOPAC SNOCOM TOTAL
Revenues
Dispatch Services (Assessments) $ 10,857,878 $ 4,459,270 $ 15,317,148
E911 Excise Tax & Other $ 3,990,570 $ 1,709,962 $ 5,700,532
$ 14,848,448 $ 6,1699232 $ 21.017.680
Expenses
Payroll Expenses
$
12,790,908
$
4,947,029
$
17,737,937
Professional Fees
$
246,000
$
109,955
$
355,955
Administrative Support
$
44,000
$
11,093
$
55,093
Rent
$
317,152
$
104,450
$
421,602
Repairs & Maintenance
$
1,055,167
$
610,410
$
1,665,577
Insurance
$
60,000
$
42,650
$
102,650
Communication
$
107,492
$
50,952
$
158,444
Travel & Training
$
114,730
$
41,360
$
156,090
Minor Capital Equipment
$
68,000
$
228,668
$
296,668
Office Supplies
$
45,000
$
22,665
$
67,665
Total Expense
$
14,848,448
$
6,169,232
$
21,017,680
D-1
EXHIBIT E
2018 Assessments
Based on adopted SNOPAC / SNOCOM 2018 Budget Assessments
Jurisdiction
2018 Budget
Assessments
City of Brier --Police
$93,177
City of Brier --Fire
$25,297
City of Edmonds --Police
$804,597
City of Edmonds --Fire
$247,607
City Lynnwood -- Police
$920,963
City of Mill Creek-- Police
$360,175
City of Mill Creek --Fire
$98,066
City of Mountlake Terrace --Police
$355,851
City of Mountlake Terrace --Fire
$115,679
City of Mukilteo -- Police
$406,100
City of Mukilteo --Fire
$109,545
Town of Woodway --Police
$32,133
South Snohomish County Fire & Rescue RFA
$890,080
City of Arlington --Fire
$173,517
City of Arlington --Police
$275,503
City of Everett --Fire
$1,115,004
City of Everett --Police
$1,910,126
Marysville Fire District
$605,700
City of Marysville --Police
$1,011,926
City of Stanwood --Fire
$76,849
City of Stanwood --Police*
$79,907
Snohomish County Fire District # 15
$36,537
Snohomish County Fire District # 16
$18,490
Snohomish County Fire District # 17
$87,376
Snohomish County Fire District # 19
$25,134
Snohomish County Fire District # 21
$49,255
Snohomish County Fire District # 22
$30,722
Snohomish County Fire District # 23
$2,931
Snohomish County Fire District # 24
$22,092
Snohomish County Fire District # 25 (Oso)
$6,825
Snohomish County Fire District # 26
$30,542
Snohomish County Fire District # 27
$3,211
Snohomish County Fire District # 28
$5,674
Snohomish County Fire District # 4
$227,557
E-1
Snohomish County Fire District # 5
$54,272
Snohomish County Fire District # 7
$624,868
Snohomish County Fire District # 8
$290,126
Snohomish County Airport Fire
$15,222
Snohomish County Fire Marshall
$4,423
North County Regional Fire Authority
$122,180
City of Darrington --Police*
$17,388
City of Gold Bar --Police*
$28,860
City of Granite Falls --Police*
$49,329
City of Lake Stevens --Police
$357,594
City of Monroe --Police
$277,017
Snohomish County Sheriffs Office (Unincorporated)
$2,985,551
City of Snohomish Police*
$129,805
City of Sultan --Police*
$63,473
Stillaguamish Tribe —Police (Subscriber agency)
$42,892
*Snohomish County Sheriff s Office provides service to these agencies.
E-2
IW41111]009
Assessment Smoothing in First Year of Fully Integrated Services
Rate Smoothing will be applied in the first budget year in which the Assessment
Formula defined in Exhibit C is applied ("Smoothing Year"). It is anticipated that on
or about January 1, 2019, Snohomish County 911 will begin Fully Integrated Services
and the Principal's Assessment formula in Exhibit C will be applied for the full
calendar/budget year of 2019. It is expressly contemplated that the Smoothing Year may
include less than 12 but more than 10 months of Fully Integrated Services.
Smoothing payments and contributions will be calculated as follows:
After adopting the budget for the Smoothing Year and calculating the assessments to be
paid by each Principal and Subscriber:
1. Identify which Principals and Subscribers will see their User Fee increase in an
amount equal or greater to 9% as compared to their assessment in the immediately
preceding year. These Principals are "Smoothing Recipients."
2. Identify which Principals and Subscribers will see their User Fee decrease in an
amount equal or greater to 9% as compared to their assessment in the immediately
preceding year. These Principals are "Smoothing Contributors."
3. Determine the sum of all User Fee increases experienced by Smoothing Recipients,
provided that the sum will be capped at $281,785. This is the Maximum Total
Smoothing Allocation.
4. For each Smoothing Contributor, identify the amount which is 25% of its User Fee —
this is the Maximum Smoothing Contribution for that Smoothing Contributor.
5. Determine the sum of all Maximum Smoothing Contributions. This is the Maximum
Total Smoothing Contribution.
6. The lesser of the Maximum Total Smoothing Allocation and the Maximum Total
Smoothing Contribution is the Actual Total Smoothing Allocation.
7. Increase the User Fee for the Smoothing Year of each Smoothing Contributor by an
amount equal to the amount necessary such that each Smoothing Contributor
contributes the same percentage of its User Fee decrease towards the Actual Total
Smoothing Allocation.
8. Decrease the Use Fee for the Smoothing Year of each Smoothing Recipient by an
amount equal to the amount necessary such that each Smoothing Recipient receives
the same percentage of its User Fee increase from the Actual Total Smoothing
Allocation.
F-1
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH786769 ORDINANCE
4087, 4088 as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
11/26/2017 and ending on 11/26/2017 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee or such publication is
$44.71a)�
Subscribed and swor bef re me on this
day of
r
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Linda Phillips
Notary Public
State of Washsrlgton
MY Appointment EV,res 08/29/2021
ORDINANCE SUMMARY I
of She City of Edmonds, Waahington
On the 21 al day of November, 2017, She City Coundi of Iha Cily of
Edmonds, paaasd the following Ordinances. the summaries of the
content of said ordinances consisling of titles are provided as
Wbm:
ORDINANCE NO.4087
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. AUTHORIZING THE MAYOR TO SIGN AN
INTERLOCAL AGREEMENT CREATING SNOHOMISH
COUNTY 911, A COUNTYWIDE CONSOLIDATED PUBLIC
EMERGENCY COMMUNICATIONS AGENCY, AND
AUTHORIZING OTHER RELATED ACTIONS
ORDINANCE NO, 4088
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY
BY INCREASING THE REGULAR PROPERTY TAX LEVY
AND THE EMS PROPERTY TAX LEVY BY THE CURRENT
101 % LEVY LIMIT, THEREBY LEVYING AN ESTIMATED
REGULAR PROPERTY TAX LEVY OF $10,378,930 AND AN
EMS LEVY OF $4,040.700. AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE
The lull text of these Ordlnancee wllt be malted upon request.
DATED] Ihis 22nd Oay el November, 2017.
CITY CLERK, SCOTT PASSEY
Publlshed:November 26,2017. EDH786769
E�\