HomeMy WebLinkAbout_04-21-25 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
ATTACHMENT A
CALL TO ORDER
Mayor Pro Tem Michele Blythe
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Pro Tem Michele Blythe – Wendy
APPROVAL OF THE AGENDA
Councilmember Leisha Nobach
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Recognition of Parks, Arts and Recreation Commissioner, Jenni Harrington
Mayor Pro Tem Michele Blythe
PROCLAMATIONS
National Volunteer Week April 27 to May 4, 2025
Councilmember Heather Logan
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Councilmember Leisha Nobach
1. Minutes of the April 7 and April 14, 2025 Council meetings ATTACHMENT B
2. Accounts Payable ATTACHMENT C
PUBLIC HEARING
NEW BUSINESS
1. Appointment to Parks, Arts, and Recreation Commission ATTACHMENT D
Staff Presentation: Sarah Lopez
Council Liaison: Jan Schuette
2.Appointments to Citizen Salary Commission ATTACHMENT E
Staff Presentation: Shawn Friang
Council Liaison: Heather Logan
Arlington City Council Meeting
Monday, April 21, 2025 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
ATTACHMENT K
3.Interlocal Agreement with Snohomish County for Street Project
Staff Presentation: Paul Ellis
Council Liaison: Rob Toyer
4.Permit Fee Waiver Requests
Staff Presentation: Paul Ellis
Council Liaison: Leisha Nobach
5.Phase Three of the Airport Fiber Installation Project
Staff Presentation: Monroe Whitman
Council Liaison: Heather Logan
6.Change Order No. 2 for 211th Place Corridor with Reece Construction
Staff Presentation: Jim Kelly
Council Liaison: Heather Logan
7.Amendment to Janitorial Services Contract to include IT Building
Staff Presentation: Kristin Garcia
Council Liaison: Jan Schuette
8.Amendments to SNO911 Interlocal Agreement
Staff Presentation: Jonathan Ventura
Council Liaison: Jan Schuette
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Councilmember Leisha Nobach / Mayor Pro Tem Michele Blythe
PROCLAMATION
National Volunteer Week
WHEREAS, millions of American volunteers give their time to help others, contributing over 30 million volunteer hours per year worth over $635 million; and WHEREAS, National Volunteer Week was established in 1974, and has grown exponentially each year, with thousands of volunteer projects and special events scheduled throughout the week WHEREAS, National Volunteer Week captures the power of changemakers to come together to build stronger, more vibrant communities through service. WHEREAS, volunteers in Arlington mentor our children, feed our hungry, comfort our lonely, beautify our green spaces, and fundraise for our charitable organizations; and WHEREAS, Arlington's volunteers are young, old, families, workers, retirees, men and women of all ages and backgrounds; and WHEREAS, the collective result of the work done by our city's volunteers is that Arlington is a more desirable place to live; and WHEREAS, organizations in Arlington that rely on volunteers include the City and such fundamental organizations as Arlington Public Schools, Stilly Valley Center, and the Arlington Community Food Bank; and WHEREAS, volunteers play a critical role in determining the direction of the city now and in future years. NOW, THEREFORE, I, Don Vanney, Mayor of Arlington, do hereby proclaim April 27 to May 4, 2025 as National Volunteer Week in the City of Arlington, and urge citizens to recognize the crucial role played by volunteers in our community. _______________________________ ____April 21, 2025 __ Don E. Vanney, Mayor Dated
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Council Chambers 110 East 3rd Street Monday, April 7, 2025
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Leisha Nobach, and Jan Schuette.
Council Members Absent: Yvonne Gallardo-Van Ornam, excused.
Staff Present: Mayor Don Vanney, Paul Ellis, Kristin Garcia, Monroe Whitman, Debbie Strotz, Jonathan Ventura, Jim Kelly, Deputy City Attorney Emily Romanenko, Chelsea Brewer, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Tim Abrahamson, Nathan Senff, Heather Watland, Drew Bono, Albert Schreiber, Randy Nobach, Ellis Nobach, Joe Beardsley, and Dave Kraski. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Leisha Nobach seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS Councilmember Leisha Nobach read the Arbor Day proclamation. Councilmember Heather Logan read the Child Abuse Prevention Month proclamation.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Rob Toyer seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March 17 and March 24, 2025 Council meetings and March 28, 2025 Council retreat 2. Accounts Payable: Approval of EFT Payments and Claims Checks #112933 through #113043 dated March 4 through March 17, 2025, for $994,555.20. 3. Updates to Employee Handbook
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting April 7, 2025
Page 2 of 3
PUBLIC HEARING None.
NEW BUSINESS
Resolution Declaring Property as Surplus Procurement/Contracts Analyst Debbie Strotz requested Council approve a resolution declaring property as surplus.
The City currently has several police vehicles that are beyond their useful life and currently being replaced, as well as a street sweeper that caught fire and WCIA is replacing. In addition, upon 2025 department inventory review, there were some fixed assets that were determined to be non-functional and irreparable that need to be declared as surplus for disposal. There is a walk-through metal detector in possession of the police department that is no longer needed, and City of Mukilteo has expressed interest in it. This asset will be transferred to the City of Mukilteo in accordance with state law. All require surplus declaration to be properly auctioned/disposed of. The City has found that the most expedient way to deal with surplus vehicles and equipment that have any monetary value is to utilize the services of an on-line auction site. Councilmember Rob Toyer moved, and Councilmember Heather Logan seconded the motion to approve the resolution declaring the property as surplus and authorized the Mayor to sign the resolution. The motion passed unanimously.
Airport Lease Waiver Operations Manager Monroe Whitman requested Council approve a waiver of rental amount of $67,937.35 from PGF LLC. Lot 304 is located on Airport property north of SR 531 (172nd St.) and 43rd Ave. intersection (the property immediately northwest of Weston High School.) PGF LLC. is the project manager of the lease and, unfortunately, due to significant setbacks as outlined in the attachment, has requested that Airport staff terminate their lease and waive the 2025 lease payment of $67,937.35 and associated costs. In spring of 2020, the State of Washington awarded the project to PGF LLC. to provide the facility on Arlington Airport leased land. The lease was to accommodate a new Department of Social and Health Services (DSHS) building and create additional employment to the City of Arlington. There has been significant setbacks and revisions to their initial plan, and they are nearly $200,000 in investments including past lease payments. PGF LLC. has stayed current with their lease payments up until the termination of their lease.
Councilmember Leisha Nobach moved, and Councilmember Debora Nelson seconded the motion to approve the waiver of the rental amount of $67,937.35 from PGF LLC. and authorized the Mayor to sign. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting April 7, 2025
Page 3 of 3
Resolution Designating Applicant Agent for FEMA Grant Application Public Works Director Jim Kelly requested Council approve a resolution designating Applicant Agent for FEMA Grant Application. The Washington Building Resilient Infrastructure and Communities (BRIC) Program grant application requires the organization applying for the grant to provide an authorizing resolution designating the applicant agent for the City. City staff submitted a Hazard Mitigation Assistance (HMA) pre-application form to FEMA to apply for the Washington Building Resilient Infrastructure and Communities (BRIC) Program for funding of the Haller Well North Project. The project was selected to move forward with the grant application process and staff is in the process of completing and submitting the application. As part of the grant application with FEMA, the City must include a resolution designating the Applicant Agent for the City. Councilmember Debora Nelson moved, and Councilmember Heather Logan seconded the motion to approve the resolution and authorize the Mayor to sign it, subject to approval by our City Attorney. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Debora Nelson praised the IT Department for the results of the IT Incident Response Tabletop Exercise.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Vanney announced there would be a Comprehensive Emergency Management Plan Kick off Meeting for senior staff April 25.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:15 p.m.
________________________________________ Michele Blythe, Mayor Pro Tem
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Page 1 of 2
Council Chambers 110 East 3rd Street Monday, April 14, 2025
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Yvonne Gallardo-Van Ornam, and Leisha Nobach.
Council Members Absent: Jan Schuette, excused.
Staff Present: Mayor Don Vanney, Paul Ellis, Jim Kelly, Monroe Whitman, Jonathan Ventura, Chelsea Brewer, and Julie Petersen.
Also Known to be Present: Kathy Vanney, Kim Casteel, Nathan Senff, Randy Nobach, Holly Sloan-Buchanan, Steve Maisch, Tim Abrahamson and others. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Airport Fiber Installation Project – Phase Three Operations Manager Monroe Whitman reviewed Phase Three of the fiber installation project. Lot 304 is located on Airport property north of SR 531 (172nd St.) and 43rd Ave. intersection (the property immediately northwest of Weston High School.) PGF LLC. is the project manager of the lease and, unfortunately, due to significant setbacks as outlined in the attachment, has requested that Airport staff terminate their lease and waive the 2025 lease payment of $67,937.35 and associated costs. Fiber installation will improve internet service and security for airport tenants and businesses located on the field. Continuing to install fiber throughout the airport will improve operations for businesses that remain or relocate to the Arlington Municipal Airport. See exhibit for route of the fiber installation. The City’s IT Department will fund a portion of this project as it aligns with the City’s long-term fiber installation objectives. Additionally, several airport projects are no longer necessary, which allows staff to roll over these operational funds to cover the new price of this project.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop April 14, 2025
Page 2 of 2
211th Place Improvement Project, Change Order No. 2 Public Works Director Jim Kelly requested Council reviewed the change order for the realignment of watermain on 211th because of sewer main previously having to be relocated. Public Works publicly bid the 211th Place Improvement Project in August 2024. The project is currently under construction with Reece Construction as the contractor. During excavation of the project, it was discovered that a sanitary sewer force main was installed at too shallow a burial depth. Change Order No. 1 replaced 2,000 LF of sanitary sewer force main which then required relocation of the water main for required separation. Discussion followed with Mr. Kelly answering Council questions.
ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis announced that there will be a larger agenda next Monday.
MAYOR’S REPORT Mayor Don Vanney announced he will be delivering the State of the City address tomorrow.
COMMENTS FROM COUNCILMEMBERS Councilmember Michele Blythe spoke about the Chief Kraski’s promotion and thanked Fire Commissioner Holly Sloan-Buchannan for her support.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT Dawn Scarcella, Arlington, provided comment.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put both items on new business for the April 21, 2025 Council meeting.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:13 p.m.
________________________________________ Michele Blythe, Mayor Pro Tem
City of Arlington Council Agenda Bill CA #2 Attachment
April 21, 2025 Accounts Payable Claims Approval
Claims Approval
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
April 21st, 2025 Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of Petty Cash Checks #2043 & #2044; EFT Payments and Claims Checks #113044
through #113164 dated March 18th through April 7th for $1,695,188.38
Approval of Payroll EFT Payments and Check #30431 through #30437 dated March 1st, 2025
through March 31st, 2025 in the amount of $1,545,613.49
City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: April 21, 2025 Parks, Arts, and Recreation Commission Appointment
Redacted application of Andie Boyle
Administration; Sarah Lopez, Community Engagement Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: beginning April 1, 2025.
Jennifer Harrington previously held the position and has chosen not to reapply.
ALTERNATIVES:
I move to consent to the appointment of Andie Boyle to the Parks, Arts, and Recreation Commission.
City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: April 21, 2025
Redacted applications of Stephanie Abrahamson, Rachel Houser, and Steve Maisch
Human Resources; Shawn Friang, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: 30, 2028. Her original term expires April 30, 2025. Council is asked to appoint Rachel Houser to the Citizen Salary Review Commission for a term expiring April 30, 2028. Council is asked to appoint Steve Maisch to the Citizen Salary Review Commission for a term expiring April 30, 2028. A panel interviewed three candidates on April 9 and April 14 for the three open positions on the Citizen Salary Commission. Stephanie Abrahamson applied to be considered for re-appointment. Rachel Houser and Steve Maisch submitted applications for consideration. After discussion of the candidates’ qualifications, the panel believes each
mayor with the consent of the city council…” The members of the commission shall serve three-year terms beginning May 1 and ending on April 30. Commissioners Stephanie Abrahamson and Carla Rankin’s terms will end April 30, 2025 and a vacancy remains from the prior year. Sarah Abrahamson applied to be considered for re-appointment. Two other applicants Rachel Houser and Steve Maisch applied for the other two vacancies.
Reject the recommendation for re-appointment and appointments.
City of Arlington Council Agenda Bill NB #3 Attachment F COUNCIL MEETING DATE: April 21, 2025 Interlocal Agreement (ILA) with Snohomish County for Street Project
Interlocal Agreement
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $79,638.00 BUDGET CATEGORY: Transportation BUDGETED AMOUNT: $79,638.00 LEGAL REVIEW: DESCRIPTION: repairs to Tveit Road and Burn Road. Both road sections have been repaired by Snohomish County and now require additional repairs. These projects are part of the city’s annual street maintenance but require more extensive work than can be performed in-house.
The City utilizes the services of Snohomish County for repairs and maintenance annually through an Interlocal Agreement. ALTERNATIVES:
competitive bidding requirements, and authorize the Mayor to sign.
City of Arlington Council Agenda Bill NB #4 Attachment April 21, 2025 Building Permit Fee Waivers
Four Permit Fee Waiver Request Forms
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: City’s Strategic Priorities. Staff is requesting Council authorize the waiving of permit fees for the following projects: City Hall roof repairs City Hall windows replacement City Shop roof replacement York Park building demolition Historically, permit fees have been waived for City projects. ALTERNATIVES:
roofing replacement, York Park building demolition, and City Hall windows replacement.
City of Arlington Council Agenda Bill
Item: NB #5 Attachment H
COUNCIL MEETING DATE: April 21, 2025
Airport Fiber Installation Project – Phase Three
Quote, Contract, and Exhibit
Airport; Monroe Whitman, Operations Manager 360-403-3471 EXPENDITURES REQUESTED: $599,961.66 BUDGET CATEGORY: CIP LEGAL REVIEW:
Cannon Companies, in the amount of $599,961.66. This project was approved as part of the airport’s biennial budget and will be completed in 2025 under state contract. Fiber installation will improve internet service and security for airport tenants and businesses located on the field. Continuing to install fiber throughout the airport will improve operations for businesses that remain or relocate to the Arlington Municipal Airport. See exhibit for route of the fiber installation. The City’s IT Department will fund a portion of this project as it aligns with the City’s long-term fiber installation objectives. Additionally, several airport projects are no longer necessary, which allows staff to roll over these operational funds to cover the new price of this project.
contract with Cannon Companies. The project's first two phases included fiber installation in two locations near the south end of the airport. Council approved a contract with Cannon Companies on February 18, 2025. However, after further
authorize the Mayor to sign the contract with Cannon Companies.
P a g e | 1
406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
406 Porter Way Date: 3-19-2025
Milton, WA 98354-96354 Job location: Arlington Airport
Contact: Shane Gottbreht Bid number: B24-1429
Phone: 253-922-2787 DES Contract #: 05620
Fax: 253-922-3245
Project Title: Fly In Gate, Fly Service, 192nd Gate and 59th Gate and Airport Blvd
Thank you for the opportunity to participate in the above referenced project. The following is our cost proposal.
Bid Item Description Unit Qty Unit Price Bid Total
10 Trench 2-2” conduits FT 10831 $28.00 $303,268.00
20 25-TA Install EA 7 $6,683.45 $46,784.15
30 17x30 HH Install EA 30 $2,150.00 $64,500.00
40 Fiber Pull 288ct and 12ct fiber FT 12814 $5.70 $73,039.80
50 Hoffman Box Termination EA 10 $2,663.87 $26,638.70
60 Fiber Case Install and Splicing EA 4 $3,080.78 $12,323.12
70 Hard Surface Restoration SQFT 300 $74.53 $22,359.00
Sub Total $548,912.77
9.3% Sales Tax $51,048.89
Total $599,961.66
Scope of Work
• Trench 2-2” conduit to a depth of 36” and restore soft surface with rock and/or top soil and grass seed
• Install 25-TA Vault for splice locations and 17x30 HH for storage
• Place 288ct and 12ct fiber in new conduit per design
• Install Hoffman box and terminate 12ct fiber
• Splice 288ct fiber to 12ct fiber in D case
• Testing of terminated fibers
• Restore hard surface restoration to equal or better quality
• Place (1) tracer wire and mule tape in conduit
• Provide all material to complete scope of work
• Flagging for crossings at 188th St NE and 59th Dr NE
• Includes prevailing wage
P a g e | 2
406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
Exclusions
• Night and weekend work
• Permitting (all work on private property)
• Changes to scope of work after bid proposal acceptance
• Repair or replacement of existing wire
• Bonding
Note: This proposal may be withdrawn by us if not accepted within 30 Days of proposal date.
Payments shall be made each thirty days as the work progresses. The entire amount of the contract shall be paid within
thirty days after completion.
Terms and Conditions
Bid Term. This Bid remains effective for thirty (30) days from the date shown, after which it is subject to change or cancellation.
Changes. Any changes from the specifications on the face of this Agreement will be undertaken only upon written order, and will be cha rged at
Time and Material rates unless otherwise specified in writing.
Early Termination. In the event that a project is canceled prematurely, A 20% Re-Stocking fee will be charged to owner.
Payment. Customer shall pay Cannon Construction the amount invoiced by Cannon Construction within thirty (30) days from the date of invoice.
Customer agrees to pay Cannon Construction 18% finance charges per month on any unpaid balance.
Force Majeure. Cannon Construction shall not be liable in damages or otherwise for delay or failure to complete the job occasioned by Custom er,
Customer’s agents, acts of God, accidents, labor disputes, carrier delays, or other causes outside of the control of Cannon Construction.
Hazardous Materials. Cannon Construction shall not be responsible for testing, handling, or disposing of contaminated, toxic or hazardous
materials unless otherwise provided in this agreement. Cannon Construction shall assume that all materials hauled from the j ob site are not
contaminated, toxic or hazardous, unless otherwise provided in this Agreement. Customer agrees to indemnify, defend and hold harmless Cannon
Construction from and against any claims, actions, damages, and/or expenses arising out of Cannon Construction’s handling or disposing of any
such materials in the performance of its obligations under this agreement.
Lien. Cannon Construction. shall file a lien on the job location if necessary to enforce any of the payment provisions of this Agre ement.
P a g e | 3
406 Porter Way . Milton, WA 98354 . CANNOCI055CS, WA
www.cannonconstructioninc.com . 253-922-2787 . Fax 253-922-3245
Warranty. Cannon Construction. work is guaranteed against faulty material and workmanship for one (1) year. ALL OTHER WARRANTIES ARE
DISCLAIMED, INCLUDING WARRANTY OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any alteration or deviation from the above specifications involving extra cost of material and/or labor will only be executed upon written orders for
same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing.
Respectfully submitted,
Estimator:
Signed:
Signed: ___________________________ Date: ___________________
Title: ___________________________
Page 1 of 15
Construction Contract (Rev 7.1.2024)
CONSTRUCTION CONTRACT
Project Name____________________________________________________ Project # ___________
THIS CONTRACT, is made and entered into in duplicate this day of , 202_, by
and between the CITY OF ARLINGTON, a municipal corporation of the State of Washington, hereafter
called the “CITY”, and (CONTRACTOR NAME) hereafter referred to
as the “CONTRACTOR”.
WHEREAS, the CITY desires Fiber Installation _________ , and
WHEREAS, the CONTRACTOR is qualified, willing and able to perform the necessary work.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations,
it is mutually agreed as follows:
1.SCOPE OF SERVICES
CONTRACTOR agrees to perform the services described in the attached Scope of Work and/or
proposal which is attached hereto as Exhibit ”A” and is herein incorporated by reference.
2.TERM
2.1 No work is to be performed prior to written notice by the CITY to proceed.
2.2 All work under this Contract is to be done within of notice to proceed.
3.COMPENSATION AND METHOD OF PAYMENT
3.1 CITY shall pay CONTRACTOR for the work performed under this Contract: (check one)
(please include all applicable taxes and fees)
Hourly: $ per hour but not more than a total of $_______________.
Fixed Sum: a total amount of $ .
Other: _____________________________________________________.
for all work performed and expenses incurred under this Contract.
150 working days
Page 2 of 15
Construction Contract (Rev 7.1.2024)
3.2 The CONTRACTOR shall do all work and furnish all tools, materials, and equipment for
_____________________ , which includes any applicable
sales or use tax, in accordance with and as described in the attached plans
and specifications and the Standard Specifications for Municipal Public Works
Construction, which are by this reference incorporated herein and made a part hereof,
and shall perform any alterations in or additions to the work provided under this
Contract and every part thereof.
3.3 The CONTRACTOR shall maintain time and expense records and report them to the CITY
monthly; and shall submit invoices to the CITY monthly for payment for work performed
to the date of the invoice. Invoices shall be in a format acceptable to the CITY.
3.4 The CITY shall pay all invoices from the CONTRACTOR by mailing a CITY warrant within 30
days of receipt of a properly completed invoice.
3.5 All records and accounts pertaining to this Contract are to be kept available for inspection
by representatives of the CITY for a period of three (3) years after final payment. Copies
shall be made available to the CITY upon request.
3.6 If during the course of the Contract, the work rendered does not meet the requirements
set forth in the Contract, the CONTRACTOR shall correct or modify the required work to
comply with the requirements of the Contract. The CITY shall have the right to withhold
payment for such work until it meets the requirements of the Contract.
4.PREVAILING WAGE
4.1 This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be
amended, relating to prevailing wages. On Public Works projects, funded in part or in
whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO
WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF
THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OR WAGE as determined
by the Industrial Statistician of the Department of Labor and industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is attached hereto and
by this reference made a part of this Contract as though fully set forth herein.
4.2 Prior to making any payment under this Contract, the CITY must receive an approved copy
of the “Statement of Intent to Pay Prevailing Wages on Public Works Contracts” from the
Department of Labor and Industries.
4.3 It is the CONTRACTOR’s responsibility to obtain and file the Statement. The CONTRACTOR
shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the CONTRACTOR and all subcontractors. Following
the final acceptance of services rendered, CONTRACTOR shall submit an “Affidavit of
Wages Paid” which must be certified by the Industrial Statistician of the Department of
Labor and Industries.
Page 3 of 15
Construction Contract (Rev 7.1.2024)
5.REPRESENTATIONS
CITY has relied upon the qualifications of CONTRACTOR in entering into this Contract. By execution
of this Contract, CONTRACTOR represents it possesses the ability, skill and resources necessary to
perform the work and is familiar with all applicable current laws, rules and regulations which
reasonably relate to the Scope of Services detailed in Exhibit “A” hereto.
6.STANDARD OF CARE
CONTRACTOR shall exercise the degree of skill and diligence normally employed by contractors
engaged in the same profession, and performing the same or similar services at the time such
services are performed. CONTRACTOR will be responsible for the technical accuracy of its services
and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies
therein. CONTRACTOR agrees to correct any deficiencies discovered without additional
compensation, except to the extent such deficiencies are directly attributable to deficiencies or
omissions in City-furnished information.
7.RESPONSIBILITY OF CONTRACTOR
7.1 Safety. CONTRACTOR shall take all necessary precautions for the safety of employees on
the work site and shall comply with all applicable provisions of Federal, State, and
municipal safety laws.
7.2 Corrections of Defects. CONTRACTOR shall be responsible for correcting all defects in
workmanship and/or materials discovered within one year after acceptance of this work.
When corrections of defects are made, CONTRACTOR shall be responsible for correcting
all defects in workmanship and/or materials in the corrected work for one year after
acceptance of the corrections by the CITY. The CONTRACTOR shall start work to remedy
such defects within seven (7) days of mailing notice of discovery thereof by the CITY and
shall complete such work within a reasonable time. In emergencies where damage may
result from delay or where loss of service may result, such corrections may be made by the
CITY, in which case the cost shall be borne by the CONTRACTOR. In the event the
CONTRACTOR does not accomplish corrections at the time specified, the work will be
otherwise accomplished and the cost of same shall be paid by the CONTRACTOR.
7.3 Warranty. CONTRACTOR shall be responsible for correcting all defects in workmanship
and material in a responsible period of time, after said work is completed. CONTRACTOR
shall start work to remedy such defects within seven (7) days of mailing notice of discovery
thereof by the CITY and shall complete such work in a reasonable time. In emergencies
where damage may result from delay or where loss of service may result, such correction
may be made by the CITY, in which case the cost shall be borne by the CONTRACTOR. In
the event the CONTRACTOR does not accomplish corrections at the time specified, the
work will be otherwise accomplished and the cost of same shall be paid by the
CONTRACTOR.
Page 4 of 15
Construction Contract (Rev 7.1.2024)
CONTRACTOR shall be liable for any costs, losses, expenses or damages, including
consequential damages, suffered by the CITY resulting from defects in the CONTRACTOR's
work including, but not limited to, cost of materials and labor extended by the CITY in
making emergency repairs and cost inspection and supervision of the CITY. CONTRACTOR
shall hold the CITY harmless from any and all claims which may be made against the CITY
as a result of any defective work and the CONTRACTOR shall defend any such claims at his
own expense. Where materials or procedures are not specified in the contract, the CITY
relies on the professional judgment of the CONTRACTOR to make appropriate selections.
7.4 Nondiscrimination.
7.4.1 Nondiscrimination Requirement. During the term of this Contract, CONTRACTOR,
including any subcontractor, shall not discriminate on the bases enumerated at
RCW 49.60.530(3). In addition, CONTRACTOR, including any subcontractor, shall
give written notice of this nondiscrimination requirement to any labor
organizations with which CONTRACTOR, or subcontractor, has a collective
bargaining or other agreement.
7.4.2 Obligation to Cooperate. CONTRACTOR, including any subcontractor, shall
cooperate and comply with any Washington state agency investigation regarding
any allegation that CONTRACTOR, including any subcontractor, has engaged in
discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
7.4.3 Default. Notwithstanding any provision to the contrary, Agency may suspend
CONTRACTOR, including any subcontractor, upon notice of a failure to participate
and cooperate with any state agency investigation into alleged discrimination
prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension
will remain in place until Agency receives notification that CONTRACTOR, including
any subcontractor, is cooperating with the investigating state agency. In the event
CONTRACTOR, or subcontractor, is determined to have engaged in discrimination
identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in
part, and CONTRACTOR, subcontractor, or both, may be referred for debarment as
provided in RCW 39.26.200. CONTRACTOR or subcontractor may be given a
reasonable time in which to cure this noncompliance, including implementing
conditions consistent with any court-ordered injunctive relief or settlement
agreement.
7.4.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event
of Contract termination or suspension for engaging in discrimination,
CONTRACTOR, subcontractor, or both, shall be liable for contract damages as
authorized by law including, but not limited to, any cost difference between the
original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, which damages are distinct from any
penalties imposed under Chapter 49.60, RCW. Agency shall have the right to
deduct from any monies due to CONTRACTOR or subcontractor, or that thereafter
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Construction Contract (Rev 7.1.2024)
become due, an amount for damages CONTRACTOR or subcontractor will owe
Agency for default under this provision.
7.5 Employment. Any and all employees of the CONTRACTOR while engaged in the
performance of any work or services required by the CONTRACTOR under this Contract,
shall be considered employees of the CONTRACTOR only and not of the CITY and any
and all claims that may or might arise under the Worker's Compensation Act on behalf of
said employees, while so engaged and any and all claims made by a third party as
consequence of any negligent act or omission on the part of the CONTRACTOR's
employees, while so engaged on any of the work or services provided or rendered
herein, shall be the sole obligation and responsibility of the CONTRACTOR.
8.SUBCONTRACTOR RESPONSIBILITY
8.1 The CONTRACTOR shall include the language of this section in each of its first-tier
subcontracts, and shall require each of its subcontractors to include the same language of
this section in each of their subcontracts, adjusting only as necessary the terms used for
the contracting parties. The requirements of this section apply to all subcontractors
regardless of tier.
At the time of subcontract execution, the CONTRACTOR shall verify that each of its first-
tier subcontractors meets the following bidder responsibility criteria:
8.1.1 Have a current certificate of registration as a CONTRACTOR in compliance with
chapter 18.27 RCW, which must have been in effect at the time of subcontract bid
submittal;
8.1.2 Have a current Washington Unified Business Identifier (UBI) number;
8.1.3 If applicable, have:
8.1.3.1 Industrial Insurance (worker’s compensation) coverage for the
subcontractor’s employees working in Washington, as required in Title 51
RCW;
8.1.3.2 A Washington Employment Security Department number, as required in
Title 50 RCW;
8.1.3.3 A Washington Department of Revenue state excise tax registration
number, as required in Title 82 RCW;
8.1.3.4 An electrical CONTRACTOR license, if required by Chapter 19.28 RCW;
8.1.3.5 An elevator CONTRACTOR license, if required by Chapter 70.87 RCW
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Construction Contract (Rev 7.1.2024)
8.1.4 Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065(3).
9.HOLD HARMLESS
The CONTRACTOR shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with the performance of this Contract, except for injuries and
damages caused by the sole negligence of the CITY.
However, should a court of competent jurisdiction determine that this Contract is subject to RCW
4.24.115, then, 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 the CONTRACTOR
and the CITY, its officers, officials, employees, and volunteers, the CONTRACTOR’s liability
hereunder shall be only to the extent of the CONTRACTOR‘s negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
CONTRACTOR’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes 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 Contract.
10.INSURANCE
10.1 Insurance Term. CONTRACTOR shall procure and maintain, for the duration of this
Contract, insurance against claims for the injuries to persons or damages to property which
may arise from or in connection with the performance of the work thereunder by the
CONTRACTOR, his agent, representatives, employees or subcontractors. The cost of such
insurance shall be paid by the CONTRACTOR.
10.2 No Limitation. The CONTRACTOR shall procure and maintain insurance, as required in this
Section, without interruption from commencement of the CONTRACTOR’s work through
the term of the Contract and for thirty (30) days after the Physical Completion date, unless
otherwise indicated herein.
10.3 Minimum Scope of Insurance. The Contractor’s required insurance shall be of the types
and coverage as stated below:
10.3.1 Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form
CA 00 01.
10.3.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to provide
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Construction Contract (Rev 7.1.2024)
a per project general aggregate limit using ISO form CG 25 03 05 09 or an
endorsement providing at least as broad coverage. There shall be no exclusion for
liability arising from explosion, collapse or underground property damage. The
CITY shall be named as an additional insured under the Contractor’s Commercial
General Liability insurance policy with respect to the work performed for the CITY
using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing at least as broad coverage.
10.3.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
10.4 Minimum Amounts of Insurance. CONTRACTOR shall maintain limits no less than:
10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
10.4.2 Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
10.4.3 Worker's Compensation coverage as required by the Worker's Compensation Act
of the State of Washington.
10.5 City’s Full Availability of Contractor Limits. If the CONTRACTOR maintains higher insurance
limits than the minimums shown above, the CITY shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the CONTRACTOR,
irrespective of whether such limits maintained by the CONTRACTOR are greater than those
required by this Contract or whether any certificate of insurance furnished to the CITY
evidences limits of liability lower than those maintained by the CONTRACTOR.
10.6 Other Insurance Provision. The CONTRACTOR’S Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain, that they shall
be primary insurance as respect the CITY. Any insurance, self-insurance, or self-insured
pool coverage maintained by the CITY shall be excess of the CONTRACTOR’S insurance and
shall not contribute with it.
10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no
less than A: VII.
10.8 Verification of Coverage. CONTRACTOR shall furnish the CITY with certificates of insurance
effecting coverage required by this clause. The certification for each insurance policy is to
be signed by a person authorized by that insurer to bind coverage on its behalf. The
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Construction Contract (Rev 7.1.2024)
certificates are to be received and approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
10.9 Subcontractors. The CONTRACTOR shall cause each and every subcontractor to provide
insurance coverage that complies with all applicable requirements of the Contractor-
provided insurance as set forth herein, except the CONTRACTOR shall have sole
responsibility for determining the limits of coverage required to be obtained by
subcontractors. The CONTRACTOR shall ensure that the CITY is an additional insured on
each and every Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37
10 01 for completed operations.
10.10 Notice of Cancellation. The Contractor shall provide the CITY and all additional insureds for
this work with written notice of any policy cancellation within two business days of their
receipt of such notice.
10.11 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the
insurance as required shall constitute a material breach of contract, upon which the CITY
may, after giving five business days’ notice to the Contractor to correct the breach,
immediately terminate the Contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due
the Contractor from the CITY.
11.CLAIMS
11.1 Any claim against the CITY for damages, expenses, costs or extras arising out of the
performance of this Contract must be made in writing to the CITY within thirty (30) days
after the discovery of such damage, and in no event later than the time of approval by the
CITY of final payment. CONTRACTOR, upon making applications for final payment, shall be
deemed to have waived this right to claim for final payment.
12.COMPLIANCE WITH LAWS
12.1 The CONTRACTOR shall comply with all Federal, State and local laws and regulations
applicable to the work done under this contract.
12.2 If the estimated cost of the project is more than $2,000,000, then CONTRACTOR agrees
to comply with the terms and conditions set forth on Exhibit B attached.
13.CITY'S RIGHT TO TERMINATE CONTRACT
13.1 The CITY may terminate this Contract upon the occurrence of any one or more of the
events hereafter specified:
Page 9 of 15
Construction Contract (Rev 7.1.2024)
13.1.1 If the CONTRACTOR should be adjudged bankrupt.
13.1.2 If the CONTRACTOR should make a general assignment of benefit of his creditors.
13.1.3 If a receiver should be appointed on the account of insolvency of the CONTRACTOR.
13.1.4 If CONTRACTOR should persistently or repeatedly refuse or fail to supply a
sufficient number of properly skilled workmen or proper materials for completion
of the work.
13.1.5 If the CONTRACTOR shall fail to complete the work within the time specified in the
contract.
13.1.6 If the CONTRACTOR shall fail to make a prompt payment to subcontractors or for
material or labor.
13.1.7 If CONTRACTOR should persistently disregard laws, ordinances or regulations of
Federal, State or municipal agencies or subdivisions thereof.
13.1.8 If CONTRACTOR should persistently disregard instructions of Management,
or otherwise be guilty of a substantial violation of the contract.
13.2 This Contract, and any amendments or extensions to said Contract may be terminated for
any reason not previously identified by either party by giving ten (10) days written notice
to the other party. In the event that this Contract is terminated by the CITY, CONTRACTOR
shall not be entitled to receive any further balance of the amount to be paid under this
Contract until the work shall have been fully finished. At such time, if the unpaid balance
of the amount to be paid under this Contract exceeds the expense incurred by the CITY in
finishing the work, all of the damages sustained or which may be sustained by reason of
such refusal, neglect, failure of discontinuance of employment, such excess shall be paid
by the CITY to CONTRACTOR. If such expense and damages shall exceed the unpaid
balance, CONTRACTOR and his surety and each thereof shall be jointly and severally liable
therefore to CITY and shall pay the difference to the CITY. Such expense and damage shall
include all legal costs incurred by the CITY in employment of attorneys to protect the rights
and interests of the CITY under the contract; provided such legal costs shall be reasonable.
14.OWNERSHIP OF DOCUMENTS
14.1 On payment to the CONTRACTOR by the CITY of all compensation due under this Contract
all finished or unfinished documents and material prepared by the CONTRACTOR with
funds provided by this Contract shall become the property of the CITY and shall be
forwarded to the CITY at its request.
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Construction Contract (Rev 7.1.2024)
14.2 Any records, reports, information, data or other documents or materials given to or
prepared or assembled by the CONTRACTOR under this Contract will be kept as
confidential and shall not be made available to any individual or organization by the
CONTRACTOR without prior written approval of the CITY or by court order.
15.PLANS AND SPECIFICATIONS
Plans and Specifications hereto referred to as the Exhibits, shall be available during office hours at
the following address: ____________________________________. Said Plans and Specifications
are by this reference incorporated herein.
16.ASSIGNMENT
This Contract may not be assigned or otherwise transferred by the parties hereto without the
written consent of the other party.
17.INDEPENDENT CONTRACTOR
CONTRACTOR is and shall be at all times during the term of this Contract an independent
CONTRACTOR.
18.ATTORNEYS FEES AND COSTS
If any legal proceeding is brought for the enforcement of this Contract, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Contract, the prevailing party shall be entitled to recover from the other party, in addition to any
other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19.NOTICE
Notices, other than applications for payment, shall be given in writing to the persons named
below:
TO THE CITY: TO THE CONTRACTOR:
__________________________________
__________________________________
_________________________________
_________________________________
_________________________________
20.JURISDICTION AND VENUE
20.1 This Contract has been and shall be construed as having been made and delivered within
Page 11 of 15
Construction Contract (Rev 7.1.2024)
the State of Washington, and it is agreed by each party hereto that this Contract shall
be governed by laws of the State of Washington, both as to interpretation and
performance.
20.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Contract or any provisions thereof, shall be instituted and maintained only in any of the
courts of competent jurisdiction in Snohomish County, Washington.
21.SEVERABILITY
21.1 If, for any reason, any part, term or provision of this Contract is held by a court of the
United States to be illegal, void or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the particular provision held
to be invalid.
21.2 If it should appear that any provision hereof is in conflict with any statutory provision of
the State of Washington, said provision which may conflict therewith shall be deemed
inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
22.MODIFICATION
No change, alteration, modification or addition to the Contract will be effective unless it is in
writing and properly signed by all parties thereto.
IN WITNESS WHEREOF, the parties have executed this Contract as of this ___ day of
, 202_.
CITY OF ARLINGTON, WASHINGTON: CONTRACTOR:
By By
Title ___ Title
Page 12 of 15
Construction Contract (Rev 7.1.2024)
EXHIBIT A - SCOPE OF WORK
Payment and Performance Bond Page 1 of 2
PAYMENT AND PERFORMANCE BO ND
to t he C ITY O F ARLINGTON,
WASHINGTON
THE CITY OF ARLINGTON, WASHINGTON (the "City") has awarded to
_________________________________ ("Principal"), a contract for the construction of
the project designated as _____________________________________ ("Contract"),
and said Principal is required to furnish a payment and performance bond in accordance
with RCW 39.08 and, where applicable, RCW 60.28.
The Principal and ____________________________________ ("Surety), a corporation
organized under the laws of the State of _______________ and licensed to do business
in the State of Washington as surety, are jointly and severally held and firmly bound to
the City in the sum of____________________________________________US Dollars
($ ___________), subject to the provisions herein.
THE CONDITIONS OF THIS BOND ARE SUCH THAT, if the said Principal faithfully performs
all of the provisions of the Contract in the manner and within the time therein set forth,
or within such extension of time as may be granted under the Contract (notice of which
extension being hereby waived by the Surety), and shall pay all laborers, mechanics,
subcontractors and material suppliers, and all persons who supply said principal or
subcontractors with provisions and supplies for the carrying on of the Contract work, and
shall hold the City harmless from any loss or damage occasioned to any person or
property by reason of any carelessness or negligence of the Principal, or any subcontractor
in the performance of the Contract work, and shall hold the City harmless from any loss or
damage occasioned to any person or property by reason of any carelessness or
negligence of the Principal, or any subcontractor in the performance of the Contract
work, and shall indemnify and hold harmless from any direct or indirect damage or
expense by reason or failure of performance as specified in the Contract or from
defects appearing or developing in the material or workmanship provided or performed
under the Contract, then and in that event this obligation shall be void; but otherwise it shall
be and remain in full force and effect until, at a minimum, claims filed in compliance with
Chapter 39 .08 RCW are resolved and all other conditions set forth herein are satisfied.
PROVIDED FURTHER, that if said Contract is a public improvement contract involving the
construction, alteration, repair, or improvement of any highway, road , or street funded in whole
or in part by federal transportation funds, then an additional condition of this bond shall be
that this bond secures full payment to the State of Washington, including the departments of
Revenue, Employment Security, and Labor and Industries, with respect to taxes imposed
pursuant to Titles 50, 51 , and 82 RCW which may be due.
THE SURETY, FOR VALUE RECEIVED, FURTHER AGREES THAT no change,
Payment and Performance Bond Page 2 of 2
extension of time, alteration or addition to the terms of the Contract, the specifications
accompanying the Contract, or to the work to be performed under the Contract shall in any
way affect its obligation on this bond, and waives notice of any change, extension of time,
alteration or addition to the terms of the Contract or the work performed. The Surety agrees
that modification and changes to the terms and conditions of the Contract that increase the
total amount to be paid the Principal shall automatically increase the obligation of the Surety
on this bond and notice to Surety is not required for such increased obligation.
THE SURETY ACKNOWLEDGES that the City will execute the Contract after the date of
execution of the power of attorney attached to this bond, and the Surety further represents
that the power of attorney will be valid on the date of Contract execution.
PRINCIPAL SURETY
Signature Signature
Print Name, Title Print Name, Title
Date of Execution Date of Execution and Seal
Name, address, and telephone of local office/agent of Surety is:
Departmental Approval:
City Attorney Director
APPROVED AND ACCEPTED this _____ day of _______________, ___ for the CITY OF
ARLINGTON by:
Page 1 of 5
RETAINAGE OPTION
CONTRACTOR'S OPTION FOR RETAINED PERCENTAGE
ON PUBLIC WORKS CONTRACTS
Project: _______________________________________________________________________
Contractor: ___________________________________________________________________
RCW 60.28 as amended by (Chapter 223, laws of 1994) Regular Session allows each prime contractor on a Public Works
contract the following options concerning the amount reserved as retainage from moneys earned by the contractor.
Retainage Option Selection (Please Initial Selected Option)
Retained in a non-interest bearing fund by the City until forty-five days following the final
acceptance of said improvement or work as completed.
Bond in lieu of retainage. Use City of Arlington Retainage Bond form.
Complete and submit attached Retainage Bond section with Retainage Option selection.
Deposited by the City in an interest bearing account or escrow account in a bank, mutual
savings bank, or savings and loan association designated by the contractor (Form D-162), not
subject to withdrawal until after the final acceptance of said improvement or work as completed, or
until agreed to by both parties; PROVIDED, that interest on such account shall be paid to the
contractor.
Complete and submit attached Retainage Escrow Account section with Retainage
Option selection.
PRINCIPAL FIRM or COMPANY
Signature Date
Printed Name
Title
Name of Firm or Company
Address
City/State/Zip
Approved as to form:
________________________________________________________
Department Director or Designee, City of Arlington Date
Title
Retainage Option Form
Retainage Bond Option Form Page 2 of 5
RETAINAGE BOND
To: City of Arlington, Washington
Bond No:
KNOW ALL BY THESE PRESENTS that , a corporation organized and existing under the
laws of the State of and authorized to do business in the State of Washington as Principal
("Principal") and , a corporation organized and existing under the laws of the State of
and authorized and admitted to transact business in the State of Washington as Surety
("Surety"), are jointly and severally held and bound unto the CITY OF ARLINGTON as Obligee ("Owner") for the use . and benefit
of Claimants defined below as beneficiaries of the trust fund created by RCW 60.28, in the amount of described below for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, on the day of 202 , the Principal entered into a contract with the Owner in accordance with Drawings,
Specifications, and other Contract Documents, which contract is by reference made a part of this Retainage Bond ("Contract");
AND WHEREAS, the Contract and RCW 60.28 require the Owner to reserve from the monies earned by the Principal on estimates
during the progress of the improvement or work a sum not to exceed 5% ("Retained Funds");
AND WHEREAS, Principal has requested under RCW 60.28.011(6) to submit a bond for all or a portion of the Retained Funds, and
the Owner is required by the statute to accept a satisfactory bond in lieu of the Retained Funds unless it can demonstrate good
cause for refusing it;
AND WHEREAS, it is the intent of the Principal, the Surety, and the Owner that this Retainage Bond and any proceeds from it are
subject to all claims and liens in the same manner and priority as set forth for retained percentages in RCW 60.28;
NOW THEREFORE, the condition of this obligation is that, if there are no valid claims by any person or entity arising under the Contract
pursuant to RCW 60.28, and no payment due from the Principal to the State of Washington with respect to taxes imposed pursuant to
Title 82 RCW or payments pursuant to RCW 50.42, then this obligation shall be void; otherwise, it shall remain in full force and
effect, subject, however, to the following conditions:
1. The Principal and Surety hereby jointly and severally agree among themselves and with the Owner
that every person or entity making a valid claim on the Retained Fund pursuant to RCW 60.28
("Claimant") who has not been paid in full before the expiration of a period of forty-five (45) days after the
completion of all Contract work may sue on this Retainage Bond for the use and benefit of the
Claimant, prosecute the suit to final judgment for the sum justly due the Claimant, if any, and have
execution on this Retainage Bond, all in accordance with and to the extent pem1issible under RCW
60.28. The Owner shall not be liable for the payment of any costs or expenses, including attorneys' fees,
of any such suit.
2. No suit or action shall be commenced under this Retainage Bond by any Claimant:
(a)Unless the Claimant has complied with the requirements of RCW 60.28, and
(b)Other than in a state court of competent jurisdiction in and for Snohomish County, and not
elsewhere.
Retainage Bond Option Form Page 3 of 5
RETAINAGE BOND (cont’d)
3. The amount of this Retainage Bond consists of:
(Check one of the following; if neither is checked, the first option shall apply)
5% of the final Contract Sum, including any increases due to change orders, quantities of work, new
items of work, or other additions as the Owner may pay under the Contract, any and all future
progress payments and 5% of any and all increases in the Contract Sum,
or
Dollars ($ ), which is a fixed
portion of the Retained Funds. Any balance of the Retained Funds will continue to be withheld, and
retainage will be withheld from any future progress payments or increases in the Contract Sum
unless this Retainage Bond is amended or replaced.
4. The amount of this Retainage Bond shall be reduced by and to the extent of any payment or payments properly made
under it.
SIGNED AND SEALED this day of , 202 .
PRINCIPAL SURETY
Principal Signature Date
Printed Name
Title
Surety Signature Date
Printed Name
Title
Name, address, and telephone of local office/agent of Surety Company is:
Approved as to form:
Department Director or Designee, City of Arlington Date
Title
Retainage Bond Option Form Page 4 of 5
RETAINAGE ESCROW ACCOUNT
Escrow No.
Bank or Trust Company Bank Account #
Agency: City of Arlington
Branch 238 N Olympic Ave .
Arlington, WA 98223
Street Address Project Name:
City, State, Zip Code
The Undersigned, , herein referred to as the Contractor, has directed City of Arlington,
and hereinafter referred to as the Agency, to deliver to you its warrants or checks, which shall be payable to you and the Contractor
jointly. Such warrants or checks are to be held and disposed of by you in accordance with the following instructions and upon the
terms and conditions hereinafter set forth.
INSTRUCTIONS
1.Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and
forwarded for collection. The monies will then be used by you to purchase, as directed by the Contractor, bonds or other
securities chosen by the Contractor and approved by the Agency. Attached is a list of the types of such bonds, or other
securities approved by the Agency. Other bonds or securities, except stocks may be selected by the Contractor, subject
to express written approval of the Agency. Purchase of such bonds or other securities shall be in a form which shall allow
you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided
in Paragraph 4 of the Escrow Agreement.
2.When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such
interest and forward it to the Contractor at its address designated below unless otherwise directed by the Contractor.
3.You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement
(or any monies derived from the sale of such securities or the negotiation of the Agency’s warrants or checks) except in
accordance with written instructions from the Agency. Compliance with such instructions shall relieve you of any further
liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is
subject to change as provided for by contract provisions.
Retainage Bond Option Form Page 5 of 5
RETAINAGE ESCROW ACCOUNT (cont’d)
4.The Contractor agrees to pay you as compensation for your services hereunder as follows:
Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property
placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the
securities and monies held hereunder whereupon you shall be granted a first lien upon such property released and
shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein
above. In the event that you are made a party to any litigation with respect to the property held by you hereunder,
or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any
service not provided for in these instructions or that there is any compensation for such extraordinary services from
the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned
by such default, delay, controversy, or litigation.
5.This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you.
6.This instrument contains the entire agreement between you, the Contractor and the Agency with respect to this escrow
and you are not a party to nor bound by any instrument agreement other than this, you shall not be required to take notice
of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take action
whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own
negligence or willful misconduct.
7.The foregoing provisions shall be binding upon assigns, successors, personal representatives, and heirs of the parties
hereto.
The undersigned have read and hereby approve the instruction as given about governing the administration of this escrow and
do hereby execute this agreement on this day of , 202 .
City of Arlington
Contractor Agency
Authorized Signature Authorized Signature
238 N Olympic Ave
Address Address
Arlington, WA 98223
City-State-Zip City-State-Zip
The above escrow instruction received and accepted this day of , 202 .
Bank or Trust Company
Authorized Signature
CERTIFICATION REGARDING INELIGIBLE CONTRACTORS
___________________________, certifies that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency.
Where the bidder is unable to certify to any of the statements in this certification, such bidder
shall attach an explanation to this bid.
The bidder certifies or affirms the truthfulness and accuracy of the contents of the statement
submitted on or with this certification and understands that the provisions of 31 USC Section
3801, et seq., are applicable thereto.
Authorized Official Signature
Typewritten Name
Title of Authorized Official
Date
Company Name
CERTIFICATION OF RESTRICTIONS ON LOBBYING
The undersigned certifies to the best of its knowledge or belief that it complies with 49 CFR Part 20
New Restrictions on Lobbying:
1)No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a member of Congress, an officer or employee of Congress, or an employee of
a member of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2)If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, USC. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Executed this _____ day of __________________, 202__.
Authorized Official Signature Typewritten Name
Title of Authorized Official
NOTE: CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLUDE THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000,
AND TO OBTAIN THIS CERTIFICATE FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT.
Company Name
NON-COLLUSION DECLARATION
The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by
him/her, entered into any combination, collusion or agreement with any person relative to the price to
be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain
from bidding, and that this bid is made without reference to any other bid and without any agreement,
understanding or combination with any other person in reference to such bidding.
He/She further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, free gift, commission or thing of value on account of such sale.
I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.
Dated this ______ day of ___________, 202__, at ____________________, WA
_________________________________________________
(Name of Organization)
_________________________________________________
(Name and Title of P erson Signing)
_________________________________________________
(Signature)
City of Arlington Council Agenda Bill NB #6 Attachment
April 21, 2025 211th Place Improvement Project, Change Order No. 2
Change Order No. 2 Summary
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $33,705.90 BUDGET CATEGORY: 211th Pl Project – water portion fund 405 BUDGETED AMOUNT: $200,000 (2025 water portion only) If amendment is needed – funds are available. LEGAL REVIEW:
Realignment of watermain on 211th because of sewer main previously having to be relocated. HISTORY: Public Works publicly bid the 211th Place Improvement Project in August 2024. The project is currently under construction with Reece Construction as the contractor. During excavation of the project, it was discovered that a sanitary sewer force main was installed at too shallow a burial depth. Change Order No. 1 replaced 2,000 LF of sanitary sewer force main which then required relocation of the water main for required separation. A summary of the contract and change orders to date is as follows:
211th
Original Contract $ 3,357,510.00 Original contract 211th Place Corridor Improvement
CO#1 $ 330,394.09 CO-01 (Sanitary Sewer Main Relocation)
CO#2 $ 33,705.90 CO-02 (Water main relocation)
Total $ 3,721,609.99 Revised Contract Amount
ALTERNATIVES: Do not approve Change Order. Amend contract scope of work.
I move to approve Contract Change Order No. 2 to the 211th Place Improvement Project and authorize the mayor to sign it.
1 of 2
CHANGE ORDER 002
Change Order Title: Water System Revision Date: 3/20/2025
Project Name: 211th Dr NE Corridor Improvement Project No: P02.571.3
Contractor:Reece Construction
The Contract is Modified as Follows:
Original Contract Amount: $ 3,357,510.00
Current Contract Amount: $ 3,687,904.09
Amount of this Change: $ 33,705.90
Contract time is: Increased Decreased
New Contract Duration:
Approvals (Not valid until signed by Agency)
Contractor
______________________________ ___________________________________ ______________
Print Name Signature Date
Reviewed
James Kelly, Public Works Director ___________________________________ ______________
Signature Date
Reviewed
Kris Wallace, Public Works Accountant ___________________________________ ______________
Signature Date
Approved by Agency
Michele Blythe, Mayor Pro Tem ___________________________________ ______________
Signature Date
Change Order Description:
This change order is required to change the new water main location farther to the north from 66th Ave to 67 Ave.
This includes work activities needed to install the watermain into its new alignment starting at station 17+50 (Ronning
Rd) and heading east approximately 1,125 feet to station 28+75 (west of 67th Ave). This work would take place prior
to full road closures for phase 2 and phase 3. The work would consist of traffic control for a single lane closure, milling
the trench line, removal-haul-disposal of unforeseen concrete below grade, and placing onsite millings as base course.
This change includes a credit for bid item 98 Controlled Density Fill (CDF). This work will be tracked and invoiced per
unit as detailed in COP-002 attached. Contractor will only bill up to the bid item quantities used to complete the work.
This change order is not to exceed $33,707.35.
CHANGE ORDER 2, CONT.
2 of 2
The Contract is Modified as Follows:
Change Order #2 Summary · Non-Taxable
Item Description Quant. Unit Unit Price Amount
1 MILLING ASPHALT – REMOVE
EXISTING ASPHALT WITH 40” MILL 635 SY $5.04 $3,200.40
12 Day $2,983.35 $35,800.20
126 CY $85.27 $10,744.02
MILLINGS AS TOP COURSE FOR 272 TON $6.99 $1,901.28
Subtotal $33,705.90
9.3% Sales Tax n/a
TOTAL $33,705.90
ITEM 1:
Justification:
This change order is required to install a 1,125 ft section of water main out of phase and under a single lane closure
rather than a full road closure. This change is a result of unforeseen PUD project delays in relocating utility poles. This
work allows the contractor to continue without the PUD and Communication utilities completing a specific amount of
utility pole relocation work in advance of water main construction. This will negate the need to extend the contractual
duration of working days or cause a lengthy workday suspension. Relocating the water main will also be required due
to the new SSFM, which needs to be in the designed location of the water main to avoid a 10-foot proximity conflict
between water and sewer. The new location will delete the CDF backfill requirement from the project resulting in
savings of $17,940.00. This change order is not to exceed $33,707.35. The total billed amount is non-taxable as this is
categorized as water utility work.
Attachments:
•Contractor COP-002 - cost detail
City of Arlington Council Agenda Bill NB #7 Attachment JCOUNCIL MEETING DATE: April 21, 2025 Amendment #2 to Janitorial Services Contract
Original Janitorial Services Contract, EcoBrite Proposal and Amendment #2
Finance; Kristin Garcia, Director EXPENDITURES REQUESTED: $9,794.03 BUDGET CATEGORY: Facilities Maintenance BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: and would have been included in the original service scope. Since then, IT has moved to the former Station 47 building. Amendment #2 would be outside of City Administrator or Mayor signing authority, requiring approval by council. Staff is requesting approval of Amendment #2 to the janitorial contract to
In 2024, the City entered into a contract with EcoBrite Services for Janitorial Services to select city facilities. The original contract was subsequently amended to add the public works water treatment plant collections office. Amendment #1 fell within the City Administrator signing authority and didn’t require council approval. ALTERNATIVES:
Addendum 2 │ April 7, 2025
(877)326.2748 | www.ecobriteservices.com
2975 W Executive Pkwy Suite 141 Lehi, UT 84043
Floor Care • Janitorial Services • Commercial Cleaning
Per request, please see below for pricing. Please let me know if any questions..
Company Location │ RFP No.
Debbie Strotz
Procurement/Contracts Analyst
dstrotz@arlingtonwa.gov
360-403-3429 (desk)
Information Technology (IT) Building
Description Monthly Annual
Add IT Building (Same scope of work of other locations)$816.17 $9,794.03
Total $816.17 $9,794.03
Terms and Conditions
See Addendum #2 attached.
Insurance Info
For your protection, EcoBrite Services has a $25,000 bond per employee and is insured at $4,000,000 per
liability. We carry Workman's Compensation at the highest limits possible. Coverage is always current and
updated. We are committed to high-quality services and complete protection for our customers.
Thanks again, and please feel free to call or email any time to discuss any questions or concerns.
Best Regards!
Authorized By
Company
Signature
Name, Title
Date
Authorized By
EcoBrite Services, LLC
Company
Signature
Berenice Herrera, Ops. Field Manager
Name, Title
Date
AMENDMENT NO. 2 TO PERSONAL/PROFESSIONAL SERVICES AGREEMENT
Project Name: Janitorial Services
Project No.: FAC24.7
Contractor: Ecobrite Services
Date of Amendment: April 4, 2025
THIS AMENDMENT is made and entered into as of the date specified above by and between the CITY OF
ARLINGTON (hereinafter referred to as the "CITY") and Ecobrite Services, L LC (hereinafter referred to as
the "SERVICE PROVIDER").
WHEREAS, the CITY and SERVICE PROVIDER entered into a Personal/Professional Services Agreement on
July 15, 2024 (the “Agreement”); and
WHEREAS, the CITY and SERVICE PROVIDER desire to amend the Agreement to include additional work
and services as outlined below;
NOW, THEREFORE, the parties hereto agree as follows:
1.Scope of Extra Work
•Added Location: Information Technology (IT) Building
•Note: Janitorial Services per original contract Scope of Work
•1 time per week
2.Compensation
The CITY agrees to compensate the SERVICE PROVIDER for the extra work described herein as follows:
•Additional billing, added to original pricing: $816.17 per month | $9,794.03 Annual
3.Terms and Conditions
Except as expressly amended herein, all terms and conditions of the original Agreement shall remain
full in force and effect.
•There are no exceptions.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized representatives as of the date first written above.
SERVICE PROVIDER: CITY OF ARLINGTON:
________________________________
Michele Blythe, Mayor Pro Tem
Date:
__________________________________
Benjamin Kirton, Chief Operations Officer
April 4, 2025
City of Arlington Council Agenda Bill NB #8 Attachment April 21, 2025
Snohomish County 911 Interlocal Agreement (ILA)
Interlocal Agreement
Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $0.00 BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: the Interlocal Agreement (ILA) with each Principal’s legislative body to authorize the SNO911 Board to enter into contracts for Additional Services with both member agencies and third parties (who service (SCEMSA). Once operational, SCEMA’s governing board is expected to negotiatAgreement (SLA) with SNO911 for the provision of staff, support services, management, HR, IT, and office space within SNO911’s future headquarters. The changes do not bind SNO911 to enter into the agreement but allow it to occur if / when the SNO911 Board approves it in the future. Action is requested to approve the changes by May 15, 2025.
The City of Arlington is a member agency of Snohomish County 911, currently represented as defined by the ILA, Exhibit B, Police Agencies, Caucus 4 (Small Police Agencies). ALTERNATIVES:
sign it.
ACTION REQUESTED for Proposed
Amendments to the SNO911
Interlocal Agreement
March 28, 2025
Principals of Snohomish County 911
From:
RE:
Terry Peterson, Deputy Director/Board Secretary
Legislative Action Requested – Updated Interlocal Agreement
Enclosed are proposed amendments to the Snohomish County 911 (SNO911) Interlocal Agreement
(ILA). These amendments have been reviewed and approved by the SNO911 Board and now require
formal approval from each Principal’s legislative body by May 15, 2025, unless this authority has
been delegated within your jurisdiction.
Summary of Proposed Changes
1. Expanded Contracting Authority:
The amendments authorize the SNO911 board to enter into contracts for Additional Services
with both member agencies and third parties (who serve member agencies). This adjustment
supports the collaborative efforts of the Snohomish County EMS Joint Task Force.
2. Preparation for Future EMS Partnership:
These changes support the newly established Snohomish County EMS Agency (SCEMSA). Once
operational, SCEMSA’s governing board is expected to negotiate a Service Level Agreement
(SLA) with SNO911 for the provision of: dedicated staff, support services (e.g., financial
management, HR, and IT), and office space within SNO911's future headquarters. The changes
do not bind SNO911 to enter into the agreement, but allow it to occur if and when the SNO911
Board approves it in the future.
A redlined version of the ILA reflecting these updates is attached for your review.
Action is requested by your legislative body to approve the changes by May 15, 2025.
If you would like to provide comment to the Board, we welcome your participation. This item is on
the agenda for discussion at Regular Board Meetings in April 2025. The SNO911 Board Meets
Monthly on the third-Thursday of the month at 0830. Meeting notice and details are posted on our
website at www.sno911.org.
If your agency has any comments or questions regarding the proposed amendments, you can reach
me at tpeterson@sno911.org or (425) 407-3905.
AMENDED AND RESTATED
SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY
COMMUNICATIONS AGENCY
INTERLOCAL AGREEMENT
REVISED AUGUST 2, 2018; SEPTEMBER 19, 2019; NOVEMBER 21, 2019;
AUGUST 20, 2020; APRIL 21, 2022, JUNE 20, 2024, MAY 15, 2025
i
TABLE OF CONTENTS
RECITALS .......................................................................................................................................... 1
SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER ........................................ 3
SECTION 2. TERM OF AGREEMENT ............................................................................................ 5
SECTION 3. DEFINITIONS .............................................................................................................. 5
SECTION 4. SNOHOMISH COUNTY 911 SERVICES ................................................................ 11
SECTION 5. SNOHOMISH COUNTY 911 POWERS ................................................................... 12
SECTION 6. GOVERNING BOARD: COMPOSITION AND OPERATION ............................... 14
SECTION 7. TECHNICAL ADVISORY COMMITTEES ............................................................. 19
SECTION 8. ANNUAL AGENCY REPORT .................................................................................. 21
SECTION 9. EXECUTIVE DIRECTOR ......................................................................................... 22
SECTION 10. PERSONNEL POLICY ............................................................................................ 23
SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO SYSTEM
OPERATIONS ................................................................................................................................... 23
SECTION 12. BUDGET; ASSESSMENT FORMULA; PAYMENT OF ASSESSMENTS;
DELINQUENCIES; RESERVE FUNDS .......................................................................................... 25
SECTION 13. ISSUANCE OF DEBT .............................................................................................. 28
SECTION 14. CONVERSION OF STATUS OF PARTICIPATING AGENCIES; ADDITION OF
NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF ADDITIONAL SERVICES TO
PRINCIPALS ..................................................................................................................................... 28
SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES ................................... 30
SECTION 16. INVENTORY AND PROPERTY ............................................................................ 30
SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL ................................. 30
SECTION 18. AMENDMENT OF AGREEMENT ......................................................................... 31
SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR SUBSTANTIALLY
ALL ASSETS .................................................................................................................................... 32
SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION............................................ 32
SECTION 21. DISPUTE RESOLUTION ........................................................................................ 33
SECTION 22. INSURANCE ............................................................................................................ 34
SECTION 23. INDEMNIFICATION AND HOLD HARMLESS................................................... 34
SECTION 24. INTERGOVERNMENTAL COOPERATION ........................................................ 36
SECTION 25. NOTICE .................................................................................................................... 36
SECTION 26. COMPLIANCE WITH LAWS ................................................................................. 36
SECTION 27. VENUE ..................................................................................................................... 37
SECTION 28. NO THIRD PARTY BENEFICIARIES ................................................................... 37
SECTION 29. SEVERABILITY ...................................................................................................... 37
SECTION 30. RATIFICATION ....................................................................................................... 37
SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND RESTATEMENT OF
ORIGINAL AGREEMENT, AND EFFECTIVE DATE .................................................................. 37
ii
EXHIBITS AND APPENDICES
Exhibit A Process for Selecting Governing Board Members and Alternates .........A-1
Exhibit B Principal Assessment Formula …………………………………..….…B-1
Appendix B-1 Definition of “Calls for Service”……………….…………….B-1-1
Exhibit C Principals and Associate Agencies of Snohomish County 911…............C-1
1
AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC
SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC
SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT
(this “Agreement”), incorporating all exhibits hereto, is authorized by the parties to the
Snohomish County Regional Public Safety Communications Agency Interlocal Agreement
effective as of June 20, 2024.
RECITALS
WHEREAS, pursuant to chapters 24.03 and 24.06 of the Revised Code of Washington
(“RCW”), the Snohomish County Regional Public Safety Communications Agency
Interlocal Agreement, deemed adopted and effective as of January 1, 2018, including the
exhibits thereto (the “Original Agreement”), and the Articles of Incorporation Due to
Consolidation filed on October 18, 2017 (the “Articles of Consolidation”), the governing
boards of the Southwest Snohomish County Public Safety Communication Agency, a
municipal instrumentality of its members, jointly organized by such members as a
nonprofit corporation under chapter 24.03 RCW as expressly authorized by
RCW 39.34.030(3)(b) (“SNOCOM”), and the Snohomish County Police Staff and
Auxiliary Services Center, a municipal instrumentality of its members, jointly organized
by such members as a nonprofit corporation under chapter 24.06 RCW as expressly
authorized by RCW 39.34.030(3)(b) (“SNOPAC”), voted to consolidate SNOCOM and
SNOPAC into a new single corporation under chapter 24.06 RCW known as the
“Snohomish County Regional Public Safety Communications Agency” (“Snohomish
County 911”); and
WHEREAS, the governing boards of Snohomish County 911 and the Snohomish County
Emergency Radio System, a municipal instrumentality of its members, jointly organized
by such members as a nonprofit corporation under chapter 24.06 RCW as expressly
authorized by RCW 39.34.030(3)(b) (“SERS”), voted to merge SERS into Snohomish
County 911 effective January 1, 2019; and
WHEREAS, Snohomish County 911 provides emergency communication services on
behalf of its member agencies throughout Snohomish County; and
WHEREAS, the Original Agreement was amended on August 2, 2018; September 19,
2019; November 21, 2019; August 20, 2020; and April 21, 2022;
WHEREAS, by this Amended and Restated Agreement effective as of the date stated
above, the Governing Board of Snohomish County 911 desires to create procedural
2
efficiencies and remove historical provisions that are no longer applicable from this
Agreement;
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act (chapter 39.34
RCW) and the Nonprofit Miscellaneous and Mutual Corporations Act (chapter 24.06
RCW);
NOW THEREFORE, in consideration of the promises and agreements contained in this
Agreement and subject to the terms and conditions set forth herein, it is mutually
understood and agreed by the parties as follows:
SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER.
a. Creation of Snohomish 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 in the Original Agreement and approved a plan of consolidation (the “Plan of
Consolidation”) as required by chapters 24.03 and 24.06 RCW. Subsequent to such
approval, representatives of SNOCOM and SNOPAC executed the Articles of
Consolidation and filed such Articles with the Secretary of State. As permitted by
RCW 23.95.210, the effective date for the consolidation was January 1, 2018 (the
“Consolidation Effective Date”). As of the Consolidation Effective Date:
i. SNOCOM and SNOPAC became a single corporation to be known
as “Snohomish County 911.” Snohomish County 911 was organized as a municipal
instrumentality of its Principals pursuant to RCW 39.34.030 and as a nonprofit
corporation under chapter 24.06 RCW as authorized by chapter 39.34 RCW.
ii. SNOCOM, SNOPAC and each party to the Original Agreement
(listed in Exhibit C attached hereto) delegated to Snohomish County 911 the
authority to provide emergency communication services as provided herein.
iii. The separate existence of SNOCOM and SNOPAC, except as
formed as Snohomish County 911, ceased.
iv. As a result, Snohomish County 911 possesses all the rights,
privileges, immunities, and franchises, of both a public and private nature, of each
of SNOCOM and SNOPAC; and all property, real, personal and mixed, and all
debts due on whatever account, and all other choses in action, and all and every
other interest, of or belonging to or due to each of SNOCOM and SNOPAC, were
3
taken and deemed transferred to and vested in Snohomish County 911 without
further act or deed; and title to any real estate, or any interest therein, vested in
Snohomish County 911.
v. Snohomish County 911 is responsible and liable for all the liabilities
and obligations of each of SNOCOM and SNOPAC, and any claim existing or
action or proceeding pending by or against any of such corporations may be
prosecuted as if such consolidation had not taken place, or Snohomish County 911
may be substituted in its place. Neither the rights of creditors nor any liens upon
the property of SNOCOM or SNOPAC shall be impaired by such consolidation.
vi. Snohomish County 911, as successor to SNOCOM and SNOPAC,
has all rights, privileges, interest, defenses and indemnity protections of all
insurance providers for SNOCOM and SNOPAC, including past and current
providers, that existed prior to consolidation.
b. Merger of SERS and Snohomish County 911. Pursuant to Resolution
No. 18-01 adopted by the SERS Board of Directors on October 4, 2018 and Resolution
No. 2018-17 adopted by the Snohomish County 911 Board of Directors on October 18,
2018, at least two-thirds of each Board voted in favor to merge SERS into Snohomish
County 911 as described in this Agreement and approved a plan of merger (the “Plan of
Merger”) as required by chapter 24.06 RCW. Subsequent to such approval, representatives
of SERS and Snohomish County 911 executed the Articles of Merger and filed such
Articles with the Secretary of State. As permitted by RCW 23.95.210, the effective date
for the merger was January 1, 2019 (the “Merger Effective Date”). As of the Merger
Effective Date:
i. SERS was merged into Snohomish County 911 as provided in the
Articles of Merger.
ii. The separate existence of SERS ceased.
iii. Snohomish County 911 thereupon and thereafter possessed all the
rights, privileges, immunities, and franchises, of both a public and private nature,
of SERS; and all property, real, personal and mixed, and all debts due on whatever
account, and all other choses in action, and all and every other interest, of or
belonging to or due to SERS, were and shall be taken and deemed to be transferred
to and vested in Snohomish County 911 without further act or deed; and the title to
any real estate, or any interest therein, vested in Snohomish County 911 shall not
revert or be in any way impaired by reason of such merger.
4
iv. Snohomish County 911 was and shall be responsible and liable for
all the liabilities and obligations of SERS, and any claim existing or action or
proceeding pending by or against any of such corporation may be prosecuted as if
such merger had not taken place, or Snohomish County 911 may be substituted in
its place. Neither the rights of creditors nor any liens upon the property of SERS
shall be impaired by such merger.
v. Snohomish County 911, as successor to SERS, has all rights,
privileges, interest, defenses and indemnity protections of all insurance providers
for SERS, including past and current providers, that existed prior to merger.
vi. All amounts held in reserve funds held by SERS as of the Merger
Effective Date were transferred to Snohomish County 911 to be placed in a Radio
System reserve fund or funds at Snohomish County 911.
vii. The statements set forth in the Articles of Merger shall be deemed
to be the articles of incorporation of Snohomish County 911, and shall amend and
restate, in their entirety, the Articles of Consolidation.
viii. This Agreement shall govern the Snohomish County 911.
ix. Snohomish County 911 has and shall continue to have all the rights,
privileges, immunities and powers and shall be subject to all the duties and
liabilities of a nonprofit corporation organized under chapter 24.06 RCW.
SECTION 2. TERM OF AGREEMENT.
This Agreement shall carry forward the initial 6-year term provided for in the Original
Agreement. The initial term of this Agreement, therefore, shall be from the Merger
Effective Date through December 31, 2023 (the “Initial Term”). Thereafter, this
Agreement shall be of infinite duration, subject to termination provisions contained herein.
During the Initial Term no Principal may withdraw from this Agreement, provided that a
Principal may convert or be converted to Subscriber status as provided in Sections 12 and
14, may annex to or join with another Principal as described in Section 6.q, or may upon
action of the Governing Board be terminated from participation in this Agreement as
provided in Section 12.
SECTION 3. DEFINITIONS.
Capitalized terms used in this Agreement shall have the following meanings:
a. Additional Services. “Additional Services” are optional services provided
by Snohomish County 911 that assist Participating Agencies in the performance of their
5
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 Participating Agencies
Principals and Subscribers and third parties that serve one or more Participating Agencies
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
Agencythe other party to the contract and require Simple Majority Vote approval of the
Governing Board; except that an agreement with a non-Participating Agency requires a
Supermajority Vote. Fees for Additional Services are not part of the Assessment Formula
and are not considered User Fees.
b. Agreement. “Agreement” means this Amended and Restated Snohomish
County Regional Public Safety Communications Agency Interlocal Agreement, as it may
hereafter be further amended or modified from time to time, together with all exhibits and
appendices hereto, as they may hereafter be amended or modified.
c. Ancillary Services. “Ancillary Services” are services that are part of the
overall array of Emergency Communications Services, and related to the core functioning
of Emergency Communications Services, for example and without limitation, Police
Records Services and school panic button monitoring. Ancillary Services are provided by
Snohomish County 911 to all Principals and Subscribers and the costs of Ancillary Services
are incorporated into User Fees and Assessments.
d. Articles of Consolidation. “Articles of Consolidation” mean the Articles of
Incorporation Due to Consolidation of Snohomish County 911 as defined in Section 1.
e. Articles of Merger. “Articles of Merger” mean the Articles of Incorporation
Due to Merger of Snohomish County 911 as defined in Section 1.
f. Assessments. “Assessments” mean the portion of User Fees charged to
Principals for Emergency Communication Services in accordance with the Assessments
formula as provided for in Exhibit B. Assessments are a subset of User Fees. Changes to
the Assessment formula require Supermajority Approval of the Governing Board.
g. Associate Agency. “Associate Agency” is a unit of local government that
has agreed to the terms of this Agreement from time to time who is not a Direct Provider
and is not Directly Served by Snohomish County 911 but which receives police and/or
fire/EMS services though a contract with a Principal or Subscriber of Snohomish County
911. Associate Agencies participate in the selection of a non-voting Governing Board
Member as described in Exhibit A. A list of the Associate Agencies as of the Merger
Effective Date is included in Exhibit C.
6
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.
l. 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.
m. Executive Director. The “Executive Director” is the chief executive officer
for Snohomish County 911 appointed by and serving at the pleasure of the Governing
Board.
n. Emergency Communication Services. “Emergency Communication
Services” mean those services described in Section 4.a.
o. Emergency Public Safety Radio System. The “Emergency Public Safety
Radio System” or “Radio System” is the Snohomish County emergency radio system
developed, owned and operated by SERS prior to the Merger Effective Date, including all
additions, replacement and improvements thereto, and shall include the Emergency Radio
System Replacement Project.
p. Emergency Public Radio System Replacement Project. The “Emergency
Public Radio System Replacement Project” or “Radio System Replacement Project” is the
project to (i) replace and upgrade the Radio System as it exists as of the Merger Effective
7
Date, including all equipment, improvements and real and personal property necessary to
accomplish such project, (ii) provide for an initial replacement of the existing subscriber
equipment for public safety agencies within Snohomish County, and (ii) replace the
existing alpha-numeric paging system.
q. Fire Agency. A “Fire Agency” is a Principal that is a Direct Provider of fire
and/or EMS services.
r. Fire/EMS Technical Advisory Committee. The “Fire/EMS Technical
Advisory Committee” is the advisory board composed of Representatives from Principal
and Subscriber fire and EMS departments or agencies as described in Section 7.
s. Governing Board. The “Governing Board” is the body described in Section
6 and shall be the governing body of Snohomish County 911.
t. Initial Term. “Initial Term” shall have the meaning set forth in Section 2 of
this Agreement.
u. Merger Effective Date. The “Merger Effective Date” is January 1, 2019.
v. Member. A “Member” or “Governing Board Member” is the individual
representing a Principal on the Governing Board, or his or her designated alternate.
w. Original Agreement. “Original Agreement” means the Snohomish County
Regional Public Safety Communications Agency Interlocal Agreement, deemed adopted
and effective as of January 1, 2018, including the exhibits thereto. The parties to the
Original Agreement were Principals of Snohomish County 911 as of the Consolidation
Effective Date and will continue to be Principals of Snohomish County 911 as of the
Merger Effective Date. A list of the Principals as of the Merger Effective Date is included
in Exhibit C.
x. Participating Agencies or Participants. “Participating Agencies” or
“Participants” refer to Principals and all Subscribers, as they may be so constituted from
time to time, and individually referred to as a “Participating Agency” or “Participant.”
y. Plan of Consolidation. “Plan of Consolidation” means the plan approved
by SNOPAC and SNOCOM as required by chapters 24.03 and 24.06 RCW.
z. Plan of Merger. “Plan of Merger” means the plan approved by Snohomish
County 911 and SERS as required by chapter 24.06 RCW.
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aa. Police Agency. A “Police Agency” is a Principal that is a Direct Provider
of policing services.
bb. Police Records Services. “Police Records Services” include performing
computer searches and entries to locate and/or clear of public safety database records
(WACIC/NCIC) including but not limited to stolen articles, stolen vehicles, stolen guns,
missing persons and warrants, as well as entry and dissemination of State ACCESS system
administrative messages.
cc. Police Technical Advisory Committee. The “Police Technical Advisory
Committee” is the advisory board composed of Representatives from Principal and
Subscriber police, sheriff or similar departments or agencies as described in Section 7.
dd. Principal. A “Principal” is a general purpose municipal corporation or
government agency, a fire district, a Public Safety Interlocal Operation, a regional fire
protection service authority created pursuant to chapter 52.26 RCW, or a State agency
created under the laws of State, which is a Direct Provider of police services or fire/EMS
services or both, and which is a party to the Original Agreement, has executed this
Agreement, or has agreed in writing to the terms of this Agreement. The Principals of
Snohomish County 911 as of the Merger Effective Date are listed in Exhibit C.
ee. Public Safety Interlocal Operation. “Public Safety Interlocal Operation”
includes a joint operation of fire districts and cities for provision of public fire and EMS
services entered into and operating pursuant to chapter 39.34 RCW, and may also include
a public development authority created pursuant to RCW 35.21.730 et. seq. or a regional
fire protection service authority created pursuant to chapter 52.26 RCW, or a nonprofit
corporation created for the purpose of facilitating a joint operation between fire districts
and cities pursuant to RCW 39.34.030(3).
ff. Radio System. “Radio System” means the Emergency Public Safety Radio
System.
gg. Radio Unit. A “Radio Unit” is a mobile (vehicular), portable (handheld) or
control station (desktop) radio which has been authorized and programmed to operate on
the Emergency Public Safety Radio System.
hh. Representative. “Representative” refers to the individual representing a
Principal or a Subscriber on the Police Technical Advisory Committee or Fire/EMS
Technical Advisory Committee, or his or her designated alternate.
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ii. SERS. “SERS” was the Snohomish County Emergency Radio System
agency created pursuant to chapters 39.34 and 24.06 RCW and an interlocal agreement
effective July 1, 1999, as thereafter amended.
jj. 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.
kk. Single-Service Principal. A “Single-Service Principal” is a Principal that is
formed as a city or town under the laws of State that (1) directly provides either fire/EMS
service or police service, but not both, and (2) receives the service it does not directly
provide from a Principal or Subscriber.
ll. SNOCOM. “SNOCOM” was the Southwest Snohomish County Public
Safety Communication Agency, formed pursuant to chapters 39.34 and 24.03 RCW.
mm. Snohomish County 911. “Snohomish County 911” refers to the
intergovernmental agency formed as of the Consolidation Effective Date pursuant to
chapters 39.34 and 24.06 RCW, the Original Agreement (as amended and restated by this
Agreement) and the Articles of Consolidation.
nn. SNOPAC. “SNOPAC” was the Snohomish County Police Staff and
Auxiliary Services Center formed pursuant to chapters 39.34 and 24.06 RCW.
oo. State. “State” means the state of Washington.
pp. Subscriber. A “Subscriber” is a public or private entity or agency that has
agreed to pay Snohomish County 911 for Emergency Communication Services or other
services as offered at a rate or rates according to such terms and conditions as may be
established by Snohomish County 911 as evidenced by separate contract between
Snohomish County 911 and such entity. A “Subscriber” may also be a Principal that is
converted to Subscriber status as provided in Sections 12 and 14.
qq. 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.
rr. Technical Advisory Committees. “Technical Advisory Committees” are
the Police Technical Advisory Committee and the Fire/EMS Technical Advisory
Committee established by Section 7.
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ss. User Fees. “User Fees” are fees for service charged to Participating
Agencies for all services for Emergency Communication Services provided by Snohomish
County 911 whether provided to Principals or Subscribers. User Fees exclude fees for
Additional Services and nominal annual membership fees charged to Associate Agencies.
User Fees charged to Subscribers may be approved by Simple Majority Vote of the
Governing Board.
tt. 911 Calls. “911 Calls” are those calls received or dispatched via the
statewide emergency communication network of telephone or via other communications
means as described in chapter 38.52 RCW.
SECTION 4. SNOHOMISH COUNTY 911 SERVICES.
a. Snohomish County 911 has the responsibility and authority for providing
Emergency Communication Services and all related incidental functions for
communicating and dispatching services between the public and Participating Agencies in
the furtherance of improved public safety and emergency response, including the following
more specifically described services (collectively, “Emergency Communication
Services”):
i. Receiving 911 Calls and non-emergency public safety calls for
police, fire and medical services;
ii. Notifying, dispatching, directing, supporting and coordinating
public safety personnel response, including dispatching emergency police, fire,
medical and other special or supporting specialized emergency responses services
and resources (for example and without limitation, SWAT response);
iii. Hosting, configuring, and administering public safety technology
networks, systems and applications in support of the delivery of Emergency
Communications Services;
iv. Updating, maintaining and managing radio communications
systems (excluding, unless specifically approved by Governing Board, the
Emergency Public Safety Radio System), computer systems, support files and
resource materials necessary to accomplish the above;
v. Police Records Services;
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
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viii. Upon a Supermajority Vote of the Governing Board (which
approval was received at the time of approval of this Agreement and shall become
effective as of the Merger Effective Date), providing services previously provided
by SERS together with all necessary or advisable additional services and actions
directly related to the Emergency Public Radio System.
b. Beginning January 1, 2022, Enhanced Police Records Services shall be
provided as an Additional Service to former SNOCOM Police Agencies in recognition of
those agencies’ prior receipt of those services from SNOCOM prior to the Consolidation
Effective Date.
c. Snohomish County 911 may also, when authorized by a Simple Majority
Vote of the Governing Board, provide Additional Services, when authorized by a Simple
Majority Vote for services offered directly to Participating Agencies or Supermajority Vote
for services offered to third parties that serve one or more Participating Agencies.
Additional Services will be offered by separate contract as optional services to
Participating Agencies or to third parties that serve one or more 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:
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
911;
d. Review and adopt personnel policies for Snohomish County 911;
e. Review and approve operating policies and procedures for Snohomish
County 911, its programs and Emergency Communication Services provided pursuant to
this Agreement;
f. Establish a fund or special fund or funds as authorized by RCW 39.34.030
for the operation of the Snohomish County 911;
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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;
l. Approve strategic plans;
m. Approve the addition of new Principals and Subscribers and the terms of
their participation in Snohomish County 911 and receipt of Emergency Communication
Services;
n. Enter into agreements with or make purchases from third parties for goods,
assets, property and/or services necessary to fully implement the purposes of this
Agreement;
o. Establish fees and charges for services provided to Participating Agencies;
p. Direct and supervise the activities of any advisory board or committee
established by the Governing Board;
q. Enter into agreements with, and receive and distribute funds, from any
federal, state or local agencies;
r. To the extent permitted by law, accept loans or grants of funds from any
federal, state, local or private agencies and receive and distribute such funds;
s. Receive all funds allocated to Snohomish County 911 for services provided
pursuant to this Agreement;
t. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
construct, improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of Snohomish County 911;
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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 and other relevant parties 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. Ten (10) of the Governing Board voting
member seats shall be allocated to Police Agencies and five (5) Governing Board voting
member seats shall be allocated to Fire Agencies. Governing Board Members and their
alternates shall be selected in the manner described in Exhibit A.
b. Qualifications to Serve. A Governing Board Member, or his or her alternate
must be duly selected in the manner described in Exhibit A and must be either: an elected
official; chief administrative officer; chief law enforcement officer or fire chief from a
Principal, or a person directly-reporting to the chief law enforcement officer or fire chief;
or in the case of Snohomish County, the Snohomish County Executive or a person reporting
directly to the Snohomish County Executive.
c. Terms of Office. Governing Board Members are elected every two (2) years
by caucuses no later than the April Governing Board meeting of that year, as described
further in Exhibit A. The terms of the newly elected Board Members commence with the
first Governing Board meeting in May.
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d. 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
operations will receive services from Snohomish County 911 will be recorded by the
submittal by each Principal of a completed service election form. The service election
form determines whether a Principal participates in a caucus to select either or both a Police
Agency Governing Board Member or a Fire Agency Governing Board Member. Single
Service Principals shall also participate in the caucus for the non-voting Governing Board
Member. Each Principal shall promptly provide written notice to Snohomish County 911
of any changes in its services impacting its qualification as a Police Agency or Fire Agency.
e. Conditions for Serving on Governing Board. All Governing Board
Members and their alternates shall serve without compensation from Snohomish County
911. However, Snohomish County 911 may pay for or reimburse Governing Board
Members and alternates for reasonable out-of-pocket costs related to service on the
Governing Board. Members may only serve for such time as they meet the qualification
of a Governing Board Member for the Principals with which they served of the start date
of their then current term on the Governing Board.
f. Alternates. Alternates shall be selected and shall serve in the absence of
Governing Board Members in the manner described in Exhibit A. Alternates must meet
the same qualifications as Governing Board Member.
g. Quorum. A simple majority of the voting Members (or their alternates) in
number (excluding any Member that represents a Principal which been terminated by vote
of the Governing Board, or which has given notice of withdrawal and is not permitted to
vote per terms of Section 17.f) shall constitute a quorum of the Governing Board for
purposes of doing business on any issue.
h. Voting. The Board shall strive to operate by consensus. All Board
decisions on items not listed in Section 6.i require a Simple Majority Vote for approval. A
Governing Board Member may not split his or her vote on an issue and there shall be no
weighted voting. No voting by proxies or mail-in ballots is allowed. Voting by a
designated alternate is not considered a vote by proxy. A Governing Board Member
representing a Principal that has given notice of withdrawal or which has been terminated
by vote of the Governing Board shall be authorized to cast votes at the Governing Board
only on budget items to be implemented prior to the withdrawal or termination date.
i. Items Requiring Supermajority Vote for Approval. A Supermajority Vote
of the Governing Board shall be required in order to approve the following items or actions:
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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 – Urban
for the Seattle/ Tacoma/Bremerton metropolitan area, June - June, calculated by the
Federal Bureau of Labor Statistics, or its successor index, plus 4% (adjusted as
necessary to accomplish the same annual cost increase limitation in the event
Snohomish County 911 transitions to a biennial budget).
iii. A decision to acquire assets, equipment, real or personal property
valued at over $500,000;
iv. Admission of a new Principal (other than admission of an Associate
Agency as a Principal, or a Principal created by the merger, consolidation or other
process as described in Section 6.r);
v. Reinstatement of a Principal that has been converted to Subscriber;
vi. Appointing the Executive Director (a Simple Majority Vote is
required for removal of the Executive Director);
vii. Expansion of the scope of services provided by Snohomish County
911 within the Scope of Section 4.a and 4.b;
viii. Adoption or amendment of any bylaws, or amendment of the
Articles;
ix. Merger, consolidation, sale of all or substantially all assets of the
Snohomish County 911 per Section 19;
x. Modification of this Agreement (except for those items requiring
approval of all legislative bodies of the Principals per Section 18);
xi. Termination or dissolution of Snohomish County 911 per
Section 20;
xii. Approval of debt pursuant to Section 13; and
xiii. Any other action requiring a two-thirds or sixty six-percent (66%)
supermajority vote under chapter 24.06 RCW.
j. Officers. The Governing Board shall have four officers, a President and
Vice-President, Secretary and Treasurer, who will serve two (2) year terms, coterminous
with Governing Board Member elections. It will be the function of the President to preside
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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 promptly elect a new officer who
shall serve for the remainder of the unexpired two-year term. The Governing Board may
appoint persons to serve as Secretary and Treasurer of Snohomish County 911; provided,
that such persons shall not be Members of the Governing Board. The duties of all officers
shall be further described in the Snohomish County 911 Bylaws.
k. Staffing. The Executive Director shall assign agency staff to support the
Governing Board as he or she deems appropriate.
l. 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.
m. Bylaws. The Governing Board shall be authorized to establish bylaws that
govern procedures of the Governing Board.
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n. Parliamentary Authority. Robert’s Revised Rules of Order shall govern any
proceeding of the Governing Board to the extent not inconsistent with this Agreement or
the bylaws adopted by the Governing Board.
o. Consultation with Technical Advisory Committees. It is the intent of this
Agreement that the Governing Board shall seek the active participation and advice of
Participating Agencies in the determination of Snohomish County 911 operating policies.
The Technical Advisory Committees shall have the opportunity to provide reports at each
regular Governing Board meeting. The Governing Board shall consider input from the
Technical Advisory Committees in its deliberations.
p. Boundary Changes or Service Territory Changes. It is the responsibility of
each Participating Agency to provide reasonable advance notice to Snohomish County 911
of any boundary changes, or service territory changes that may occur due to annexation,
merger, or other reason, so that Snohomish County 911 may accurately dispatch calls,
accurately track calls for service data and accurately assess User Fees; provided, however,
until such time as Snohomish County 911 has sufficiently accurate data (such as an official
population estimate from the State) by which to calculate User Fees for the Participating
Agencies(s) involved, Snohomish County 911 shall continue to bill each Participating
Agency on the basis of Snohomish County 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.
q. Service Changes; Merger or Annexation of a Participating Agency;
Formation of New Public Safety Interlocal Operation. It is the responsibility of each
Participating Agency to provide reasonable advance notice to Snohomish County 911 of
any boundary changes, or service territory changes that may occur due to annexation,
merger, or other reason.
In the event a Participating Agency merges or annexes to a Principal or becomes a member
agency of a Public Safety Interlocal Operation that is a Principal, the merged or annexed
Participating Agency’s rights and obligations under this Agreement shall be assumed in
full by the Principal without further action by the Governing Board.
In the event that Participating Agencies, which meet the qualifications of this paragraph,
join together to create a new Public Safety Interlocal Operation (for example and without
limitation, creation of a new regional fire authority under chapter 52.26 RCW), and as a
result of such formation the fire/EMS operation or police operation of such Participating
Agencies are no longer Directly Served by Snohomish County 911, then after all of the
necessary assignments and agreements are executed related to the creation of the Public
Safety Interlocal Operation, the newly created Public Safety Interlocal Operation shall
become a Principal and a party to this Agreement without further action of the Governing
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Board. At such time the rights and obligations of the forming Participating Agencies shall
be assumed by the Public Safety Interlocal Operation. Notwithstanding the foregoing, in
order for the newly created Public Safety Interlocal Operation to become a Principal and a
party to this Agreement without further action of the Governing Board, each Participating
Agency at the time of formation of the newly created Public Safety Interlocal Operation
must (i) be a current Principal and party to this Agreement, or (ii) have previously been a
member of SNOCOM or SNOPAC and otherwise independently qualifies as a Principal
under this Agreement.
Notwithstanding anything in this paragraph to the contrary, if a merged or annexed
Principal retains a separate public safety operation that is Directly Served by Snohomish
County 911, then that Principal shall maintain its status and shall retain all its rights and
obligations under this Agreement with respect to its Directly Served public safety
operation.
r. Associate 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.
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c. Alternates. Each Representative serving on a Technical Advisory
Committee may designate one alternate, confirmed in writing, to serve when such
Representative is absent or unable to serve provided that such alternates must have
operational responsibilities within their respective agencies. Written notice of the
appointment of an alternate shall be provided to the Chair the applicable Technical
Advisory Committee prior to the alternate serving in the absence of the Representative.
d. Powers. Each Technical Advisory Committee shall meet individually as
frequently as their members deem appropriate, but not less than twice each year, for the
purpose of promoting interagency collaboration and cooperation, information sharing,
discussion and review of agency operating policy and such other matters as the Governing
Board may request. The Technical Advisory Committees shall provide advice,
information, and recommendations to the Governing Board and the Executive Director.
e. Quorum. One-quarter of the Representatives of each Technical Advisory
Committee (or any alternates present and participating in place of a Representative) shall
constitute a quorum for meetings of such Committee.
f. Voting. All actions and recommendations of the Technical Advisory
Committees shall be approved by majority vote of those present and voting. Each
Representative shall have one vote. There will be no weighted voting, proxy voting, or
mail-in voting.
g. Officers. Each Technical Advisory Committee shall have two officers, a
Chair and Vice-Chair. It will be the function of the Chair to preside at the meetings of
his/her respective Technical Advisory Committee, and the Vice-Chair shall assume this
role in absence of the Chair. The officers shall be annually elected by vote of the
Committee Representatives.
h. Staffing. The Technical Advisory Committees shall be staffed by the
Executive Director, or his or her designee, and such additional agency staffing as the
Executive Director may deem appropriate.
i. Meetings. All meetings of each Technical Advisory Committee shall be
open to the public if and to the extent required by chapter 42.30 RCW. Regular meetings
shall be held pursuant to a schedule approved by the Technical Advisory Committee.
Special meetings may be called by the Chair of the Technical Advisory Committee or a
majority of the Representatives of the Technical Advisory Committee. Members of the
Technical Advisory Committees may participate in meetings through the use of any means
of communication by which all Representatives and members of the public participating in
such meeting can hear each other during the meeting. Any Representatives participating
20
in a meeting by such means is deemed to be present in person at the meeting for all purposes
including, but not limited to, establishing a quorum.
SECTION 8. ANNUAL AGENCY REPORT.
a. Contents. The Executive Director shall prepare an Annual Agency Report
no later than April of each year. The report shall include a description of:
i. Activities of Snohomish County 911 for the previous calendar year;
ii. The proposed work program and significant events in the current
calendar year; financial condition of Snohomish County 911;
iii. Results of Governing Board adopted performance benchmarks; and
iv. The proposed budget policy for the upcoming year.
b. Availability. The Executive Director shall ensure that the Annual Agency
Report is distributed to the Governing Board and Principals and made available the general
public each year.
SECTION 9. EXECUTIVE DIRECTOR.
The Governing Board shall be responsible for the appointment and termination of the
Executive Director. An interim Executive Director may be appointed to serve in such
capacity until a permanent Executive Director is appointed by the Governing Board. A
Supermajority Vote of the Governing Board is required to appoint the Executive Director
of Snohomish County 911.
The Executive Director shall be responsible to the Governing Board and shall advise it
from time to time on a proposed budget and other appropriate matters in order to fully
implement the purposes of this Agreement. The Executive Director shall administer
Snohomish County 911 in its day-to-day operations, including but not limited to: approving
and overseeing the administration of all operating procedures and public records
management procedures consistent with Governing Board policies; and appointing
persons to fill other staff positions in the Snohomish County 911 and overseeing the
evaluation and discipline, hiring and firing of employees, and administration of collective
bargaining agreements and other personnel contracts consistent with Governing Board
policies.
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Only the Governing Board shall be authorized to hire or retain legal counsel and
independent accountants and auditors. Other consultants or legal counsel for specialized
purposes within the Executive Director’s signing authority as it may be defined by the
Board from time to time may be designated in such manner as the Governing Board may
determine subject to Sections 5 and 6.
The Executive Director shall have experience in technical, financial and administrative
fields and his or her appointment shall be on the basis of merit only. The Executive
Director is an “at will” employee and may be terminated upon the Simple Majority Vote
of the Governing Board.
SECTION 10. PERSONNEL POLICY
The Executive Director shall, as necessary from time to time, submit to the Governing
Board a proposed personnel policy for the Governing Board’s approval, rejection or
modification. All modifications or revisions to such personnel policies must be approved
by the Governing Board if and to the extent required in such policies.
SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO
SYSTEM OPERATIONS.
a. Operational Effectiveness. The Executive Director shall actively consider and
evaluate means and opportunities toward the enhancement of operational
effectiveness of emergency services. The Executive Director shall present his or
her recommendations to the Technical Advisory Committees and the Governing
Board from time to time.
b. Operational Standards for Radio System. The Governing Board shall adopt
operation and maintenance standards for the Radio System. The Technical
Advisory Committees shall submit to the Governing Board recommendations
regarding operation and maintenance standards for the Radio System.
c. Radio System Use. Each Participating Agency shall use the Radio System
exclusively for approved Radio System purposes and in strict accordance with all
applicable federal law and regulations. Principals hereby agree, and Subscribers
shall agree in their applicable contract to agree, to abide by all Federal
Communication Commission rules and regulations concerning the use of shared
radio facilities.
d. Radio System Access Priorities. Principals shall have priority access to the Radio
System. Upon approval by the Governing Board, access may be provided by
contract to Subscribers in the following priority:
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i. Priority 1: public safety (police, fire and emergency medical services)
Subscribers; Subscribers able to interact with control stations in public school
districts and public hospitals within Snohomish County; and other public agencies
served by compatible radio communication systems;
ii. Priority 2: other public agencies with emergency response duties; and
iii. Priority 3: other entities, as determined by the Governing Board.
Emergency Public Safety Radio System Replacement Project. Notwithstanding anything
in this Agreement to the contrary, no Participating Agency assumes the obligation to fund
capital costs related to the design, development, construction or maintenance of the Radio
System Replacement Project, and neither the full faith and credit or taxing power is pledged
by a Participating Agency for such purpose, except as such obligation may be agreed to
and specifically set forth in a separate agreement between the Participating Agency and
Snohomish County. SECTION 12. BUDGET; ASSESSMENT FORMULA;
PAYMENT OF ASSESSMENTS; DELINQUENCIES; RESERVE FUNDS.
a. Budget Fiscal Year. The Snohomish County 911 budget fiscal year shall be
either the calendar year, or two calendar years, as the Governing Board may determine.
c. Budget Approval. The Executive Director shall present a proposed budget
to the Governing Board by no later than August 1 preceding the next budget period and
the Governing Board shall approve its budget by no later than September 25. Thereafter
and in no event later than September 30, Participating Agencies shall be advised on the
programs and objectives contained in the proposed budget, of any changes in the User Fee
formula(e), and of the required financial participation for each Principal and Subscriber for
the following year(s) based upon the proposed budget. Participation by each Principal and
Subscriber is contingent upon subsequent legislative appropriation for the following fiscal
year. Principals and Subscribers shall promptly notify Snohomish County 911 if it does
not approve its budget allocation. Any Principal not approving its full budget allocation
(Assessment and cost of any Additional Services it has agreed to purchase) shall be
automatically converted to Subscriber status effective the first day of the budget year
(whether biennial or annual) for which the Principal did not approve its budget allocation,
and subject to penalty as described in Section 12.
d. User Fee Formula. The User Fee formula applicable to Principals for
Emergency Communications Services referred to as the “Assessment formula”, shall be
initially approved as set forth in Exhibit B to this Agreement. The Assessment formula(e)
may be changed from time to time as part of the budget process, and any such changes
shall be approved by Supermajority Vote of the Governing Board in accordance with
Section 6.i. Additional Services require only Simple Majority Vote of the Governing
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Board to approve. The Assessment formula(e) for Principals may be different from the
User Fee formula applicable to Subscribers. It is expressly contemplated that Participating
Agencies may become subject to differential User Fee formulae (including differential
Assessment formula(e)) over time based upon the benefit conferred to such agencies.
e. Payment of Assessments. Assessments shall be payable not less frequently
than quarterly on or before such dates as the Governing Board may determine.
f. Delinquent Assessments. Snohomish County 911 shall, within seven (7)
business days of the due date, send notice to any delinquent Principal and provide a 60-day
cure period from the original due date of the payment. If such Assessments, are not paid
in full within 60 (sixty) days of the original due date, then the Principal delinquent in
payment of Assessments shall upon such 60th day be deemed immediately converted to
the status of a Subscriber as described in Section 14. In the event a Principal converted to
Subscriber status due to non-payment of fees shall not have paid in full all Assessments
owing by six (6) months after the original due date, then the Governing Board may
terminate services to such Subscriber, which termination shall not absolve the Subscriber
of its obligation to pay all Assessments past due, together with all accrued interest,
calculated at 1.5% per month from the date the Assessment was originally due.
g. Terms of Subscriber Contracts. Snohomish County 911 may enter into
contracts with Subscribers from time to time for the purpose of providing Emergency
Communication Services and other services as provided herein. Subscriber contracts may
provide for the same or different payment schedules and payment formulas as those which
apply to Principals; provided that, a Subscriber which, at the time it determined to become
a Subscriber, was qualified to become a Principal but elected not to, shall be subject to
payment of a risk premium of not less than six percent of its annual User Fees, or such
other greater amount as the Governing Board may determine. Revenues from such risk
premium shall be placed in Snohomish County 911 reserves.
Subscriber contracts shall provide that User Fees not paid when due by a Subscriber
shall begin to accrue interest on the date the User Fee was originally due and shall continue
until the User Fee is paid (together with all accrued interest) in full at the Federal Prime
Rate plus 3%. Snohomish County 911 shall, within seven (7) business days of the due
date, send notice to any delinquent Subscriber. In the event a Subscriber does not pay in
full all User Fees plus accrued interest within six (6) months from the date of initial
delinquency, the Governing Board may terminate services to such Subscriber. Any such
termination shall not absolve the Subscriber of its obligation to pay any amounts owing to
Snohomish County 911, including any accrued interest.
h. Reserve Funds. The Governing Board shall establish capital and operating
reserve funds or accounts at the times and in the amounts necessary to ensure funds are
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on hand to reasonably address planned and unforeseen capital and operating expenses and
to minimize the need for large increases in Assessments and/or User Fees from year to
year as a result of acquisition or replacement of capital assets or equipment, and to fund
the timely replacement of aging technology, equipment and systems.
SECTION 13. ISSUANCE OF DEBT.
Except as otherwise provided in Section 5, Snohomish County 911 shall not have the power
to issue obligations or to incur debt. However, it is anticipated that Snohomish County 911
may require capital funding from time to time to support facilities, technology and
equipment needs. Bonds, notes or other evidences of indebtedness may be issued from
time to time by one or more Participating Agencies or by another issuer pursuant to a
separate agreement between one or more Participating Agencies and Snohomish County
911 in order to provide capital financing for Snohomish County 911 on terms as agreed
upon by the parties thereto. The security and sources of payment for any such debt will be
determined at the time of issuance, which may include User Fees and/or capital
contributions from the Principals. Any User Fees and/or capital contributions for such
purposes shall be approved by Supermajority Vote of the Governing Board. Further, in the
event that any Principal is obligated to make a capital contribution, such obligation shall
be subject to approval by its legislative authority.
To the extent that any bonds or other debt is issued on a tax-exempt basis under Section
103 of the Internal Revenue Code of 1986, as amended (the “Code”), the Participating
Agencies agree to not (1) make any use of the proceeds from the sale of such bonds or
other debt that will cause the bonds or other debt to be “arbitrage bonds” within the
meaning of the Code, or (2) act or fail to act in a manner that will cause the bonds or other
debt to be considered obligations not described in Section 103(a) of the Code.
Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to amend or
otherwise modify any terms or conditions of a separate agreement between a Participating
Agency and Snohomish County (or other Participating Agency or Agencies) with respect
to capital contributions, guarantees or the repayment of debt.
SECTION 14. CONVERSION OF STATUS OF PARTICIPATING AGENCIES;
ADDITION OF NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF
ADDITIONAL SERVICE TO PRINCIPALS.
a. As described in Sections 12.c and 12.f hereof, a Principal may be converted
to Subscriber status for failure to approve its share of the budget or for nonpayment or
delinquency in payment of User Fees. On the date of such conversion, said former
Principal shall:
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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;
iii. become subject to payment of User Fees in accordance with the then
applicable User Fee formula for Subscribers; and
iv. be bound by the terms of the applicable Subscriber service
contract(s).
The conversion of a Principal to Subscriber shall not discharge or relieve any Principal of
its outstanding obligations to Snohomish County 911.
b. A Principal may alternately elect to convert to Subscriber status effective
the first day of the next budget period (whether Snohomish County 911 is operating under
an annual or biennial budget) by giving notice of its intent to the Governing Board not less
than nine (9) months in advance of such effective date. Such conversion shall be effective
as proposed without further action of the Governing Board, barring any basis for
terminating the Principal and action thereon by the Governing Board.
c. A governmental entity otherwise meeting the qualifications of a Principal
in Section 3 hereof may be admitted as a Principal of Snohomish County 911 upon
Supermajority Vote of the Governing Board as required under Section 6.j. Similarly, a
Subscriber may apply to the Governing Board to be converted to Principal status. As a
condition of becoming a Principal, whether by conversion or new admission, the
Governing Board may require payment or other contributions or actions by the new
Principal as the Governing Board may deem appropriate, and may set such start date for
service as it deems appropriate, it being the intention of this provision that the addition of
new Principals shall not cause the then-current Participants to incur additional cost. Upon
such conversion or new admission, such new Principal shall execute this Agreement or
agree in writing to the term of this Agreement in its capacity as Principal and shall
thereafter be subject to all provisions of this Agreement applicable to Principals.
d. Notwithstanding anything to the contrary in this Agreement, an Associate
Agency meeting the qualifications of a Principal may become a Principal effective the first
day of the next budget year, without making any latecomer payment or contribution, upon
giving notice of its intent to the Governing Board not less than nine (9) months in advance
of such effective date. Such conversion shall be become effective on such date without
further action of the Governing Board.
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e. The determination of whether to accept new Subscribers shall be made by
the Governing Board in a manner similar, and subject to such terms and conditions, as that
for accepting new Principals, it being the intention that the addition of new Subscribers
shall not cause pre-existing Participating Agencies to incur additional cost.
f. A Principal wishing to receive service from Snohomish County 911 for an
operating department in addition to a department already served by Snohomish County 911
may make application to the Governing Board in the same manner as, and be subject to
such conditions and approvals as the Governing Board may deem appropriate for, an entity
(other than an Associate Agency) seeking admission as a new Principal.
SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES.
Each Participating Agency shall retain the responsibility and authority for its operational
departments and for such equipment and services as are required at its place of operation
to interconnect to Snohomish County 911’s operations. Interconnecting equipment and
services necessary to the provision of authorized Snohomish County 911 services may be
funded through Snohomish County 911’s budget and operational programs.
SECTION 16. INVENTORY AND PROPERTY.
Equipment, vehicles and furnishings for Snohomish County 911’s operation shall be
acquired as provided by law. If any Participating Agency provides equipment or
furnishings for Snohomish County 911’s use, title to the same shall rest with the respective
local entity unless that equipment or furnishing is acquired by Snohomish County 911. The
Executive Director shall maintain and bi-annually update an inventory of equipment and
furnishings owned by, leased or temporarily assigned to Snohomish County 911, and the
values thereof. In event of dissolution or termination of Snohomish County 911, assigned
or loaned items shall be returned to the lending entity and all other items or funds derived
from the sale thereof shall be distributed to Principals as described in Section 20.
SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL.
a. Any Principal may withdraw its membership and terminate its participation
in this Agreement by providing written notice and serving that notice on the Governing
Board on or before June 30 in any year. After providing appropriate notice as provided in
this Section, that Principal’s membership withdrawal shall become effective on the last day
of the calendar year following the year in which the notice is given. A Principal that has
given notice of its intent to terminate must meet with the Executive Director or his or her
designee to develop a departure plan. The departure plan is intended to ensure an orderly
separation of the Principal from New Agency and ensure minimal disruption in 911 Calls
response for the public. The departure plan may include the transfer of funds and equipment
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or other assets and must be approved by Simple Majority Vote of the Board.
Notwithstanding anything herein to the contrary, Principals shall be prohibited from
withdrawing their membership and terminating their participation in this Agreement during
the Initial Term; provided, a Principal may give appropriate notice of its intent to withdraw
pursuant to this Section during the Initial Term, and in such event that Principal’s
membership withdrawal shall become effective on the last day of the calendar year that
coincides with the end of the Initial Term.
b. Notwithstanding the foregoing, a Principal may be terminated at any time
by action of the Governing Board for delinquencies of at least six (6) months in payment
of Assessments and interest per Section 12.f.
c. Time is of the essence in giving notice of termination and/or withdrawal.
d. A terminating and/or withdrawing Principal is deemed to forfeit any and all
rights it may have to Snohomish County 911’s personal or real property, or any other
ownership in Snohomish County 911, unless otherwise provided by the Governing Board;
provided further that this forfeit of rights shall not apply to personal property on loan to
Snohomish County 911 from the terminating or withdrawing Principal.
e. The termination and/or withdrawal of a Principal shall not discharge or
relieve any Principal of its outstanding obligations to Snohomish County 911.
f. A Governing Board Member representing a Principal that (i) has given
notice of withdrawal, or (ii) has been terminated by vote of the Governing Board which
termination is effective at a future date, shall be authorized to cast votes at the Governing
Board only on budgets items to be implemented prior to the withdrawal or termination date.
SECTION 18. AMENDMENT OF AGREEMENT.
The following terms of this Agreement may only be amended in writing after receipt of the
approval of the legislative authorities of all Principals:
a. Expansion of the scope of services provided by the Snohomish County 911
beyond the scope of Section 4.
b. The composition of the Governing Board and terms of office as provided in
Sections 6.a and 6.d.
c. Voting rights of Governing Board Members.
d. Powers of the Governing Board.
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e. Hold harmless and indemnification requirements.
f. Provisions regarding duration, termination or withdrawal.
g. The conditions of this Section.
The parties to this Agreement acknowledge and agree that provisions in this Agreement
that are not specifically identified in (a) through (g) above reflect the Principals’ direction
as to the initial operational and administrative policies and procedures to be implemented
by the Governing Board. With the exception of the foregoing items that require affirmative
approval of the legislative authorities of all Principals, the parties to this Agreement
authorize the Governing Board to modify this Agreement from time to time in order to
carry out the corporate purposes of Snohomish County 911. Any such modification shall
be in writing and executed by the President of the Governing Board after providing not less
than thirty (30) days’ advance written notice to all Principals of such proposed
modification, and upon approval of a Supermajority Vote of the Governing Board.
Nothing in this Section shall be construed to require legislative authority consent for the
addition of a new Principal, conversion of an Associate Agency to a Principal, or agreement
to serve an additional Subscriber.
SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR
SUBSTANTIALLY ALL ASSETS.
Approval of the merger or consolidation of Snohomish County 911 with another entity, or
the sale of all or substantially all assets of Snohomish County 911, shall require a
Supermajority Vote of the Governing Board.
SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION.
a. Generally. This Agreement may be terminated upon the approval of a
Supermajority Vote of the Governing Board. The termination shall be by direction of the
Governing Board to wind up business by a date specified by the Governing Board, which
date shall be at least one (1) year following the date of the vote to terminate. Upon the
final termination date, this Agreement shall be fully terminated.
b. Distribution of Property on Termination of Agreement. Upon termination
of this Agreement, all property acquired during the life of this Agreement remaining in
ownership of Snohomish County 911 shall be disposed of in the following manner:
i. Real or Personal Property. All real or personal property purchased
pursuant to this Agreement and all unexpended funds or reserve funds, net of all
outstanding Snohomish County 911 liabilities, shall be distributed to those
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Principals still participating in the Snohomish County 911 on the day prior to the
termination date and shall be apportioned between Principals based on the ratio that
the average of each Principals’ contributions to the operating budget over the
preceding five (5) years bears to the total of all then remaining Principals’ User
Fees paid during such five-year period. The Governing Board shall have the
discretion to allocate the real or personal property and funds as it deems
appropriate, and the apportionment, determined consistent with the preceding
sentence, need not be exact.
ii. Loaned Property. In the event of dissolution or termination of the
Snohomish County 911, assigned or loaned assets shall be returned to the lending
entity.
iii. Allocation of Liabilities. In the event outstanding liabilities of the
Snohomish County 911 exceed the value of personal and real property and funds
on hand, all Principals shall contribute to retirement of those liabilities in the same
manner as which they would share in the distribution of properties and funds.
c. Notwithstanding the foregoing, this Agreement may not be terminated if to
do so would abrogate or otherwise impair any outstanding obligations of the Snohomish
County 911, unless provision is made for those obligations.
SECTION 21. DISPUTE RESOLUTION.
a. Whenever any dispute arises between a Principal or the Principals or
between the Principals and the Snohomish County 911 (referred to collectively in this
Section as the “parties”) under this Agreement which is not resolved by routine meetings
or communications, the parties agree to seek resolution of such dispute by the process
described in this Section, which shall also be binding on Subscribers.
b. The parties shall seek in good faith to resolve any such dispute or concern
by meeting, as soon as feasible. The meeting shall include the President of the Governing
Board, the Executive Director, and a representative(s) of the Principal(s), if a Principal(s)
is involved in the dispute, and/or a person designated by the Subscriber(s), if a
Subscriber(s) is involved in the dispute.
c. If the parties do not come to an agreement on the dispute or concern, any
party may request mediation through a process to be mutually agreed to in good faith
between the parties within 30 days, which may include binding or nonbinding decisions
or recommendations (whichever is mutually agreed to). The mediator(s) shall be mutually
agreed upon and shall be skilled in the legal and business aspects of the subject matter of
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this Agreement. The parties shall share equally the costs of mediation and assume their
own costs.
SECTION 22. INSURANCE.
The Governing Board, Executive Director, and Technical Advisory Committees shall take
such steps as are reasonably practicable to minimize the liability of the Participating
Agencies, including but not limited to the utilization of sound business practice. The
Governing Board shall determine which, if any, insurance policies or self-insurance
programs for governmental entities authorized in the State of Washington may be
reasonably and practicably acquired to cover liability exposures and other potential losses
arising from the operations of the Snohomish County 911 and the activities of the parties
pursuant to this Agreement (which may include Directors and Officers, Commercial
General Liability, Auto, Workers’ Compensation, Stop Gap/Employer’s Liability, errors
and omissions, crime/ fidelity insurance, CyberRisk, property damage or loss), and shall
direct the acquisition of same.
SECTION 23. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Principal shall defend, indemnify and hold other Principals, their
officers, officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of that Principal’s
negligent acts or omissions in connection with the performance of its obligations under this
Agreement, except to the extent the injuries or damages are caused solely by the acts of a
Principal; provided, that if any such Claim is based on the concurrent negligence of more
than one Principal, then the indemnifying party’s obligation hereunder applies only to the
extent of its negligence.
b. Each Principal shall defend, indemnify and hold the Snohomish County 911
and its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of that Principal’s
negligent acts or omissions in connection with the performance of its obligations under this
Agreement, except to the extent the injuries and damages are caused solely by the acts of
the Snohomish County 911; provided, that if any such Claim is based on the concurrent
negligence of Snohomish County 911 and Principal, then the indemnifying party’s
obligation hereunder applies only to the extent of its negligence.
c. As provided in its Articles, the Snohomish County 911 shall defend,
indemnify and hold each Principal its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of the Snohomish County 911’s acts or omissions in connection with the
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performance of its obligations under this Agreement, except to the extent the injuries and
damages are caused solely by the acts of any Principal;; provided, that if any such Claim
is based on the concurrent negligence of Snohomish County 911 and a Principal, then the
indemnifying party’s obligation hereunder applies only to the extent of its negligence.
d. The Snohomish County 911 will hold harmless, indemnify and defend its
officers, officials, employees and volunteers from any and all legal liability, claims or
lawsuits of any kind for injuries, damages, losses of any kind occurring to another,
including attorney fees, which may arise out of the good faith performance of their duties
to the Snohomish County 911 and performed in the scope of their employment or service
to the Snohomish County 911, except to the extent the injuries, losses and/or damages are
caused by the intentional and knowing wrongful acts of any of the Snohomish County
911’s officers, officials, employees or volunteers.
e. Subscribers shall be required to agree to indemnify and hold harmless each
Principal and the Snohomish County 911, their officers, officials, employees and
volunteers from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of Subscriber’s negligent acts or omissions in connection with the receipt
of services from Snohomish County 911. To such degree as the Governing Board
determines to be reasonable, appropriate, and consistent with applicable law and to be in
the best interests of Snohomish County 911, Snohomish County 911 may also indemnify
and hold harmless Subscribers.
f. In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of a party
hereto and the Snohomish County 911, its officers, officials, employees, and volunteers,
the party’s liability hereunder shall be only to the extent of the 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.
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SECTION 24. INTERGOVERNMENTAL COOPERATION.
The Snohomish County 911 shall cooperate with local, state and federal governmental
agencies in order to maximize the utilization of any grant funds for equipment and
operations and to enhance the effectiveness of the Snohomish County 911’s operations and
minimize costs of service delivery.
SECTION 25. NOTICE.
Notices required to be given to Snohomish County 911 under the terms of this Agreement
shall be directed to the following unless all Principals are otherwise notified in writing:
President of the Governing Board and Executive Director, Snohomish County 911
c/o Snohomish County 911
1121 S.E. Everett Mall Way, Suite 200
Everett, WA 98208
Notices to Principals, Subscribers, Associate Agencies, Governing Board Members or
Representatives required hereunder may be given by mail, overnight delivery, facsimile or
email, or personal delivery. Each Principal shall provide the President of the Governing
Board written notice of the address for providing notice to said Principal. Any Principal
wishing to change its mail or email address shall promptly notify the President of the
Governing Board. Notice or other written communication shall be deemed to be delivered
at the time when the same is postmarked in the mail or overnight delivery services, sent by
facsimile or email (with confirmation of transmission), or received by personal delivery.
SECTION 26. COMPLIANCE WITH LAWS.
During the term of this Agreement, the parties hereto agree to comply with all federal,
State, and local laws as necessary to carry out the terms of this Agreement. Further, to the
extent that any Emergency Communication Services and/or Additional Services involve
the retention, security, confidentiality or other handling of certain “protected” health
information under the federal Health Insurance Portability and Accountability Act of 1996
(“HIPAA”) and its implementing regulations thereunder by the U.S. Department of Health
and Human Services and other applicable laws including chapter 70.02 RCW, the
Washington Uniform Health Care Information Act, as amended, the parties agree to
comply with such laws and execute documents as necessary to implement the requirements
under such laws.
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SECTION 27. VENUE.
The venue for any action related to this Agreement shall be in the Superior Court in and
for Snohomish County, Washington at Everett, Washington, or if applicable, in Federal
District Court, Western District of Washington.
SECTION 28. NO THIRD PARTY BENEFICIARIES.
There are no third-party beneficiaries to this Agreement. No person or entity other than a
party to this Agreement shall have any rights hereunder or any authority to enforce its
provisions, and any such rights or enforcement must be consistent with and subject to the
terms of this Agreement. In addition to the foregoing, nothing in this Agreement is intended
to create a special relationship or other basis for third party liability.
SECTION 29. SEVERABILITY.
The invalidity or any clause, sentence, paragraph, subdivision, section or portion of this
Agreement shall not affect the validity of the remainder of this Agreement.
SECTION 30. RATIFICATION.
All prior acts taken by the Principals and Snohomish County 911 consistent with this
Agreement are hereby ratified and confirmed.
SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND
RESTATEMENT OF ORIGINAL AGREEMENT, AND EFFECTIVE DATE.
The Original Agreement was executed on behalf of each Principal by its duly authorized
representative following approval of the Original Agreement by motion, resolution or
ordinance of its legislative authority. Pursuant to the terms of the Original Agreement and
except for certain amendments as provided in Section 18 of the Original Agreement, the
Original Agreement may be amended from time to time by Supermajority Vote of the
Governing Board of Snohomish County 911 without further approval of legislative
authorities of the Principals.
Pursuant to Section 4, Section 6.j and Section 18 of the Original Agreement, after giving
30 days’ notice to each Principal as required by Section 18 of the Original Agreement, the
Governing Board of Snohomish County 911, by Supermajority Vote of its Principals,
authorized the amendment and restatement of the Original Agreement by the execution and
delivery of this Agreement.
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This Agreement shall be deemed adopted and effective as of June 20, 2024, and as of such
date, this Agreement shall control the operations and governance of Snohomish County
911. This Agreement shall be filed and/or posted as required by chapter 39.34 RCW.
This Agreement shall be executed by the President of the Governing Board, and attested to
by the Secretary of the Governing Board.
IN WITNESS WHEREOF, this Agreement shall be effective as of the date set forth
above.
Snohomish County 911
By: ______________________________
Jon Nehring
Board President
Attest:
By: ______________________________
Terry Peterson
Board Secretary
Approved as to Form:
By: _________________________________
Attorney for Snohomish County 911
A-1
10156 99999 hg108542r9
EXHIBIT A
Process for Selecting Governing Board Members and Alternates
Governing Board Members are selected every two (2) years in April, through the process
described below.
If not defined in this Exhibit A, capitalized terms have the meaning stated in the
Agreement.
As used in this Exhibit A:
Population Served means the residential population of all territory Directly Served
by a Principal Police Agency or Fire Agency, according to the most recent annual
report issued by the State Office of Financial Management each year determining
the population of each jurisdiction.
Administration and Technology Cost Center means all costs allocated to this
cost center that are not otherwise attributed to another cost center as defined in
Exhibit B.
Step 1. Police Agencies are divided into four (4) caucuses
a. Rank each Police Agency by the pro rata share of the Administration and
Technology Cost Center for each Police Agency
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 pro rata share of the Administration and
Technology Cost Center, in which case all four caucuses shall be determined
as per Subsection c below).
c. The remaining Police Agencies shall be divided into three roughly equal
caucuses based on pro rata share of the Administration and Technology Cost
Center, starting from the smallest Police Agency and working up to agencies
serving more population. In deciding where to divide caucuses, the following
rules shall apply:
i. 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
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Police Agencies on the Police Agencies Table below) shall be sized
by rounding up (exceeding the pro rata share target to the extent
necessary to completely include the pro rata share target and not
divide any Police Agency between caucuses), and the larger Police
Agency caucus (two Governing Board Member seats, referred to as
Next Largest Police Agencies in the Police Agencies Table below)
shall be rounded down.
Step 2. Fire Agencies are divided into three (3) caucuses
a. Rank each Fire Agency by Population Served, from the smallest to the
largest, provided, however, that to avoid double counting, Population Served
shall be based on fire suppression responsibility; contracts for limited services
(such as BLS/ALS response/transport) are not included in the calculation of
Population Served.
b. Divide the Fire Agencies into three (3) caucuses based on whether they are
small, medium or large agency, defined as follows:
i. A Large Fire Agency is defined as an agency serving 14% or more of
the total Population Served by all Fire Agencies.
ii. A Medium Fire Agency is defined as an agency serving more than 3%
and less than 14% of the total Population Served by all Fire Agencies.
iii. A Small Fire Agencies is defined as an agency serving 3% or less of
the total Population Served by all Fire Agencies.
Step 3. Each Caucus selects Board Members
a. In April, designated representatives from each Principal in each Police Agency
caucus and each Fire Agency caucus shall meet together and select Governing
Board Members to represent them on the Governing Board for the next two-
year term. Caucuses may determine their own rules for nominating and
selecting Governing Board Members, provided that the following rules shall
apply:
i. Representatives to the caucus shall be designated by the legislative
body of the Principal they represent (or by such other person as local
codes may require). Designated representatives must be qualified to
serve as a Governing Board Member.
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.
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iv. Any Principal who has designated more than one representative to the
caucus, and is unable to unanimously decide where to place their vote,
at the time the vote is called, shall forfeit their vote.
v. Voting by proxy will not be allowed.
vi. No Principal may have an elected official or staff member hold more
than one (1) Governing Board seat in a single caucus unless there are
more seats than Principals in the caucus.
vii. The Secretary shall record the votes of the caucus, confirming the
individuals to whom the caucus’s Board seats are to be allocated for
the next term of office. This record shall be included in the next
regularly scheduled board meeting packet.
b. The number of Governing Board Members to be selected by each caucus shall
be as follows:
Police Agencies (10 Board Members)
Caucus 1: Largest Agencies (Currently
Snohomish County is the only member)
2 Governing Board Members, one of
which must be the County Sheriff or an
assistant or deputy sheriff directly
reporting to the Sheriff – unless or until
the County is no longer the Largest Policy
Agency (in terms of Population Served),
in which case the two board members
shall be selected as per Caucus 2.
Caucus 2: Next Largest Police Agencies 2 Governing Board Members, of which
one must be operational staff and one
must be an elected official
Caucus 3: Medium Police Agencies 3 Governing Board Members, of which
one must be an operational staff and one
must be an elected official
Caucus 4: Small Police Agencies 3 Governing Board Members, of which
one must be an operational staff and one
of must be an elected official
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Fire Agencies (5 Board Members)
Caucus 1: Large Fire/EMS Agencies 3 Governing Board Members
Caucus 2: Medium Fire/EMS Agencies 1 Governing Board Member
Caucus 3: Small Fire/EMS agencies 1 Governing Board Member
Step 4. Each Caucus Selects a Slate of Designated Alternates, in Priority Order.
a. Each caucus shall select a slate of designated alternates in a number equal to
the number of Governing Board seats allocated to that caucus.
b. Each caucus shall prioritize its alternates to determine the order in which the
alternates are called upon to participate at a Governing Board meeting in the
event of an absence of any Governing Board member representing the caucus.
Caucuses may determine their own rules for nominating and selecting Board
Alternates, provided that the rules set forth in Step 3.a for selecting of Board
Members shall apply.
Vacancies
Any vacancies shall be promptly filled by the appointing caucus, which shall meet either
in person or telephonically to select a replacement Board Member and/or Alternate to serve
the remainder of the vacant position’s unexpired term. Such selection process shall be
subject to the rules outlined in Step 3.
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EXHIBIT B
Principal Assessment Formula
Assessments are calculated and charged separately for each Emergency Communications
Service provided for each Principal that has elected to receive such service. A Principal
that has elected to receive both Police and Fire/EMS Emergency Communications Services
will pay one Assessment for service to its Police agency and one Assessment for service to
its Fire/EMS agency. A Principal that has elected to receive only police or Fire/EMS
Emergency Communications Services from Snohomish County 911 only pays an
Assessment for the service so received.
Capitalized terms used in Exhibit B not defined in this Exhibit B have the meaning set
forth in the body of the Interlocal Agreement.
Description of the formula to derive Assessments for individual Principals.
Step 1: Divide the Net Adopted Budget into four cost pools:
Administration and Technology
Call Takers
Police Dispatch
Fire Dispatch
The costs allocable to each cost pool are further defined below (see “Definitions”)
Step 2: Apply Revenues to cost pools according to the following guidelines:
E-911 Tax Revenues will first be applied to offset all costs associated with the Call
Takers cost pool. Any E-911 Tax Revenues over and above the amount necessary
to fund all costs in the Call Takers cost pool will be applied to fund permissible
costs for such revenues within the Administration, Technology, and Wireless
Technology cost pool.
Emergency Communications and Facility Tax Revenues will be applied to fund
permissible costs for such revenues within the Administration, Technology, and
Wireless Technology cost pool. Revenues that exceed the Administration,
Technology, and Wireless Technology cost pool will be applied to member
assessments using the formula assigned to this cost pool.
The portion of Subscriber Contract revenues attributable to all Emergency
Communications Services except revenues attributable to the Wireless Technology
cost pool will be applied to the Police Dispatch and/or Fire Dispatch cost pool,
based on the services billed to the Subscriber. For example, revenues from a
Subscriber contract for Emergency Communications Services with the
Stillaguamish Tribe to service its Police Agency will be applied to reduce the size
of the Police Dispatch cost pool, except for any increment of such revenue charged
for Wireless Technology cost pool items.
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The portion of any Subscriber Contract revenues attributable to Radio System
services will be applied to the Administration, Technology, and Wireless
Technology cost pool, including but not limited to any revenues attributable to cell
tower leases and other non-Assessment revenue attributable to the Radio System.
Additional Services revenues will be applied to the Administration and
Technology, Police Dispatch, Fire Dispatch, and/or Wireless Technology cost pool,
based upon where the costs of those services are allocated.
Step 3: Divide the Administration and Technology, Call Taker, Police Dispatch and
Fire Dispatch cost pools between Police Agencies and Fire Agencies:
Amounts in the Administration and Technology cost pool will be divided based
on the ratio of dispatch workstations assigned to each service (initially, 8 police
dispatch stations and 5 fire stations)
Police 62%
Fire 38%
If the Board approves deployment of an additional dispatch work station to serve
Police or Fire Agencies, this ratio will automatically change (the change is not
considered a formula change requiring Governing Board approval).
Amounts in the Call Taker cost pool will be divided based on a ratio that reflects
an assessment of actual time spent by call takers processing each type of call:
Police 75%
Fire 25%
A change in this ratio requires Supermajority Vote of the Governing Board.
Calculate a Cost per Console by dividing total Police Dispatch and Fire Dispatch
Costs by the total number of dispatch stations.
Amounts in the Police Dispatch cost pool are allocated to Police Agencies and are
further separated out on a Cost-per-Console basis as between Shared Dispatch
Station costs and Dedicated Dispatch Station costs. (In 2017, of the 8 Initial Police
Dispatch stations, 5 were shared and 3 were 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).
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Step 4: Allocate costs to individual Principals, calculating Fire and Police Agency
assessments separately as follows:
Police Agency Principal Assessments:
1. Calculate the sum of costs allocated to all Police Agencies in the
Administration and Technology Cost pool plus the Call Taker cost pool,
and subtract Police Agency Subscriber contract revenues. Allocate the
resulting total amount between all Police Agency Principals based on the
Shared Cost Allocation Calculation. The total Police Agency Principal
Assessment for any individual Principal is this amount plus the individual
dispatch cost allocation derived from either item 2 or 3 below as applicable
to the individual Principal:
2. For Principal Police Agencies assigned to Shared Police Dispatch
stations: Each such Principal is allocated a shared of all Shared Police
Dispatch Station costs based on the Shared Cost Allocation Calculation.
3. For Principal Police Agencies with Dedicated Police Dispatch stations:
Each such Principal is allocated a cost equivalent to the Cost per Console
multiplied by the number of dedicated Police Dispatch stations for which
they have contracted.
Fire Agency Principal Assessments:
1. Calculate the sum of costs allocated to all Fire Agencies in the
Administration and Technology Cost pool plus the Call Taker cost pool,
and subtract Fire Agency Subscriber contract revenues. Allocate the
resulting total amount between all Fire Agency Principals based on the
Shared Cost Allocation Calculation. The total Fire Agency Principal
Assessment for any individual Principal is this amount plus the individual
dispatch cost allocation derived from either item 2 or 3 below as applicable
to the individual Principal.
2. For Principal Fire Agencies assigned to Shared Fire Dispatch stations:
Each such Principal is allocated a shared of all Shared Fire Dispatch Station
costs based on the Shared Cost Allocation Calculation.
3. For Principal Fire Agencies with Dedicated Fire Dispatch stations:
Each such Principal is allocated a cost equivalent to the Cost per Console
multiplied by the number of dedicated Fire Dispatch stations for which they
have contracted.
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Shared Cost Allocation Calculation:
Take the total sum to be allocated and divide it up based on three different factors:
1. 54% of total costs are allocated based on the percentage share of a
Principal’s Calls for Service as compared to total Calls for Service of all
such agencies (police or fire—including Principals and Subscribers). Calls
for Service shall be calculated as an annual average based on the most recent
8 calendar quarters (see definition of Call Calculation Period).
2. 23% of costs are allocated based on the percentage share of a Principal’s
Assessed Value as compared to the total Assessed Value of all such
agencies (police or fire, Principals and Subscribers).
3. 23% of costs are allocated based on the percentage share of a Principal’s
Population Served as compared to the total Population of all such agencies
(police or fire, Principals and Subscribers).
Principals who were “SERS Phase II” agencies and have a contract with Snohomish
County whereby the Principals remit operations and maintenance expenses for SERS to
the County to be passed through to SERS will continue to pay operation and maintenance
expense of the Radio System under such existing agreements until such agreements are
modified to permit direct payment of these charges, or such until such agreements expire,
whichever is first.
DEFINITIONS
Fire Agency or Fire Agencies: unless expressly noted otherwise, in this Exhibit these
terms include both Principals and Subscribers Directly Providing fire and medical
services that are Directly Served by Snohomish County 911.
Police Agency or Police Agencies: unless expressly noted otherwise, in this Exhibit
these terms include both Principals and Subscribers Directly Providing police services
that are Directly Served by Snohomish County 911.
Cost-Per-Console Total labor costs to staff all police and fire dispatch consoles
divided by the number of consoles.
Net Adopted Budget means the budget approved by the Governing Board after action
by all individual Principals, applicable in the time period for which the Assessment is
payable, less Other Revenues.
Other Revenues mean revenues received by Snohomish County 911 from sources
other than User Fees, E-911 tax revenues and Additional Services, including without
limitation Associate Agency fees, other miscellaneous revenues, grants, or awards that
may be available from time to time to offset the operating and capital costs of
Snohomish Count 911.
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Administration and Technology Costs include all costs associated with providing the
supervision, management, facilities costs, insurance, reserve contributions, etc., of
running the public safety dispatch center and technologies including wireless
technologies, and all other expenditures in the Net Adopted Budget not included in the
definition of Call Taker Costs and Dispatch Costs.
Call Taker Costs include all labor costs associated with the prescribed number of
operational staff assigned to staff the call taking function.
Police Dispatch Costs include all labor costs associated with the prescribed number
of operational staff assigned to all dispatch workstations designated for serving Police
Agencies.
Fire Dispatch Costs include all labor costs associated with the prescribed number of
operational staff assigned to all dispatch workstations designated for serving Fire
Agencies.
Shared Dispatch Stations are dispatch stations that not dedicated by agreement (as
opposed to workload allocation) to serve a single Principal or Subscriber.
Dedicated Dispatch Stations are dispatch stations that are dedicated by agreement to
serve a single Principal or Subscriber.
Labor Costs are direct costs of salary and benefits.
E-911 tax revenues mean revenues received by Snohomish County 911 from
Snohomish County pursuant to State law.
Calls for Service are defined on Appendix B-1, provided that until Snohomish County
911 has been in operation for more than three years, the calculation of the number of
Calls for Service shall be determined in whole or in part (to the extent necessary to
determine the two-year average number of calls for service) based on the number of
Calls for Service by each Charged Operation as reported by the records of the
dispatch agency previously serving each Charged Operation, and consistent with the
definition of Calls for Service in Appendix B-1.
Charged Operation refers to an individual Principal’s fire/EMS agency/operation,
being charged under the Assessment formula.
The Call Calculation Period is defined as the first calendar quarter of the preceding
budget year, and the 7 calendar quarters preceding that. (For example, in 2019, the
Call Calculation Period be the first quarter of 2018, plus the preceding 7 calendar
quarters—all of 2017, and the last three quarters of 2016).
Population Served has the meanin set forth in Exhibit A.
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Assessed Value is the Assessed Value of taxable real property in an individual
Principal or Subscriber’s or Snohomish County 911 Service Territory for the
Charged Operation (as applicable) for the most recently available tax year, as
published by the State Office of Financial Management or Snohomish County
Assessor.
“Service Area” means the geographic area of all territory Directly Served by a
Principal Police Agency or Fire Agency, with the County’s Service Area
excluding incorporated areas that are Directly Served by another Police Agency.
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Appendix B-1
Definition of “Calls for Service”
The purpose of this Exhibit is to define Calls for Service for purposes of billing/funding
calculations.
Snohomish County 911 will bill each Principal based on the User Fee formula, which
incorporates consideration of Calls for Service as defined in this Exhibit.
Section 1. Call for Service Defined: Snohomish County 911 defines a Call for Service
for workload analysis and User Fee calculation as any request for service or unit initiated
activity resulting in creation of a Computer Aided Dispatch System (CAD) incident that
requires oversight by or interaction with Snohomish County 911 personnel, with the
exception of the following:
a. Any mutual aid incident where another Snohomish County 911 Principal within
the same classification (police/fire/medic) is dispatched as the primary responding
agency. For example, a police department that responds into another police
department’s jurisdiction to provide assistance does not constitute a Call for Service
charged to the mutual aid responder. However, an incident involving both police
and fire/EMS would result in a Call for Service for both classifications. Similarly,
any mutual aid request dispatched to a location outside the Snohomish County 911
service area shall not constitute a Call for Service.
b. Any incident that is a duplicate of another Call for Service, or associated with
another Call for Service. For example, multiple calls about a single brush fire
incident will result in only one Call for Service for the fire/EMS responder.
c. Any incident that is cancelled by Snohomish County 911 personnel due to an error
or similar internal reasons. This does not include “cleared incidents”, which are
incidents that are cancelled when the requesting party calls back to cancel the
response after the incident has been entered into CAD.
d. Any informational broadcast including but not limited to CAD entries type codes
of NOTICE, NOTICEP & INFO.
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.
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b. Traffic Stops: assigned to the initiating agency.
c. Non-geo verified incidents, in County: assigned to initiating agency.
If there are significant anomalies in the manner calls have been measured by SNOCOM
and SNOPAC, those anomalies shall be adjusted in a manner determined reasonable by the
Governing Board (Supermajority Vote item) in order to develop a fair means for
determining the number of calls across all agencies.
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EXHIBIT C
Principals and Associate Agencies of Snohomish County 911
PRINCIPALS:
SNOHOMISH COUNTY
CITY OF ARLINGTON
CITY OF BRIE
CITY OF EDMONDS
CITY OF EVERETT
CITY OF LAKE STEVENS
CITY OF LYNNWOOD
CITY OF MARYSVILLE
CITY OF MILL CREE
CITY OF MONROE
CITY OF MOUNTLAKE TERRACE
CITY OF MUKILTEO
CITY OF WOODWAY
MARYSVILLE FIRE DISTRICT
NORTH COUNTY REGIONAL FIRE AUTHORITY
SNOHOMISH REGIONAL FIRE AND RESCUE
SNOHOMISH COUNTY FIRE DISTRICT NO. 4
SNOHOMISH COUNTY FIRE DISTRICT NO. 5
SNOHOMISH COUNTY FIRE DISTRICT NO. 15
SNOHOMISH COUNTY FIRE DISTRICT NO. 16
SNOHOMISH COUNTY FIRE DISTRICT NO. 17
SNOHOMISH COUNTY FIRE DISTRICT NO. 19
SNOHOMISH COUNTY FIRE DISTRICT NO. 21
SNOHOMISH COUNTY FIRE DISTRICT NO. 22
SNOHOMISH COUNTY FIRE DISTRICT NO. 24
SNOHOMISH COUNTY FIRE DISTRICT NO. 25
SNOHOMISH COUNTY FIRE DISTRICT NO. 26
SNOHOMISH COUNTY FIRE DISTRICT NO. 27
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
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ASSOCIATE AGENCIES:
CITY OF DARRINGTON
CITY OF GOLD BA
CITY OF GRANITE FALLS
CITY OF SNOHOMISH
CITY OF STANWOOD
CITY OF SULTAN