1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Agenda Law and Justice Committee

Councilmembers: Girmay Zahilay, Chair; Kathy Lambert, Vice-Chair; Claudia Balducci, Rod Dembowski, Reagan Dunn, Jeanne Kohl-Welles

Lead Staff: Nick Bowman (206-477-7607) Co-Lead: Tillery Williams (206-477-1202) Committee Clerk: Angelica Calderon (206-477-0874)

9:30 AM Tuesday, March 2, 2021 Virtual Meeting

REVISED AGENDA

PUBLIC NOTICE: The Law and Justice Committee’s March 2, 2021, meeting will be held virtually. To help prevent the spread of the COVID 19 virus the chambers will be closed and all committee members and staff will be participating in the meeting remotely. The live feed of the video conference will be streaming on the King County Council's website and on KCTV Channel 22. Ways to provide public comment are noted below. Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.

HOW TO PROVIDE PUBLIC COMMENT: The Law and Justice Committee values community input and looks forward to hearing from you on agenda items.

There are two ways to provide public comment:

1) In writing: You may comment in writing on agenda items by submitting your written comments to [email protected] or by going to https://kingcounty.gov/council/committees/law_justice.aspx and selecting "Click Here to Submit Written Public Comment". If your comments are submitted before 8:30 a.m. on the day of the Law and Justice Committee meeting, your comments will be distributed to the committee members and appropriate staff prior to the meeting.

2) Orally during the meeting by phone via the ZOOM application or computer at https://zoom.us/ and entering the meeting identification and password below.

Meeting ID is 990 7153 7239 and the Password is 112173

King County Page 1 Printed on 2/23/2021 L&J Meeting Packet Page 1 March 2, 2021 Law and Justice Committee Meeting Agenda March 2, 2021

If you do not have access to the ZOOM application you can connect to the meeting by calling 1 253 215 8782 and using the meeting ID and password above. Connecting in this manner however may impact your ability to be unmuted to speak.

You are not required to sign up in advance. During this period of virtual meetings, public comment will be limited to items on the meeting agenda.

You have the right to language access services at no cost to you. To request these services, please contact our Language Access Coordinator, Reeni Nair at 206 477 4978, or [email protected], by 11:00 a.m. the day prior to the meeting.

If you do not wish to be called upon for public comment during the meeting, please help us manage the callers and use one of the options below (Live Streaming or King County TV Channel 22

To show a PDF of the written materials for an 1. Call to Order agenda item, click on the agenda item below.

2. Roll Call

3. Approval of Minutes pp. 4-6

Minutes of February 2, 2021 meeting.

4. Public Comment

Discussion and Possible Action

5. Proposed Ordinance No. 2021-0113 pp. 7-22

AN ORDINANCE establishing an advisory committee to engage community stakeholders regarding the selection, appointment and confirmation of the chief officer for the department of public safety and matters pertaining to the department of public safety.

Sponsors: Mr. Zahilay Nick Bowman, Council Staff Patti Cole Tindal, Undersheriff Karan Gill, Council Relations Director

6. Proposed Ordinance No. 2020-0170 pp. 23-102

AN ORDINANCE authorizing the King County executive to enter into and implement an interlocal agreement, under chapter 39.34 RCW, with the Bothell Police Department, the city of Seattle, the city of Redmond, the Enumclaw Police Department, the King County sheriff's office, the Issaquah Police Department, NORCOM, the Port of Seattle, the University of Washington Police Department, Valley Communications Center and the Washington State Patrol, relating to the countywide enhanced 911

King County Page 2 Printed on 2/23/2021

L&J Meeting Packet Page 2 March 2, 2021 Law and Justice Committee Meeting Agenda March 2, 2021

emergency communications system. Sponsors: Mr. Zahilay

Nick Bowman, Council Staff Deb Flewelling, Government Relations & Outreach Manager, E-911 Program Office Ben Breier, E911 Program Manager, E911 Program Office

7. Proposed Ordinance No. 2020-0201 pp. 103-111

AN ORDINANCE creating the offense of obtaining information or disrupting video teleconferences of recovery, mental health, and behavioral health support groups without authorization; adding a new chapter to K.C.C. Title 12 and prescribing civil liability and criminal penalties.

Sponsors: Mr. Dunn

Clifton Curry, Council Staff

Other Business

Adjournment

King County Page 3 Printed on 2/23/2021

L&J Meeting Packet Page 3 March 2, 2021 1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Minutes Law and Justice Committee Councilmembers: Girmay Zahilay, Chair; Kathy Lambert, Vice-Chair; Claudia Balducci, Rod Dembowski, Reagan Dunn, Jeanne Kohl-Welles

Lead Staff: Nick Bowman (206-477-7607) Co-Lead: Tillery Williams (206-477-1202) Committee Clerk: Angelica Calderon (206-477-0874)

9:30 AM Tuesday, February 2, 2021 Virtual Meeting

REVISED AGENDA

PUBLIC NOTICE: The Law and Justice Committee’s February 2, 2021, meeting will be held virtually. To help prevent the spread of the COVID 19 virus the chambers will be closed and all committee members and staff will be participating in the meeting remotely. The live feed of the video conference will be streaming on the King County Council's website and on KCTV Channel 22. Ways to provide public comment are noted below. Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.

HOW TO PROVIDE PUBLIC COMMENT: The Law and Justice Committee values community input and looks forward to hearing from you on agenda items.

There are two ways to provide public comment:

1) In writing: You may comment in writing on agenda items by submitting your written comments to [email protected] or by going to https://kingcounty.gov/council/committees/law_justice.aspx and selecting "Click Here to Submit Written Public Comment". If your comments are submitted before 8:30 a.m. on the day of the Law and Justice Committee meeting, your comments will be distributed to the committee members and appropriate staff prior to the meeting.

2) Orally during the meeting by phone via the ZOOM application or computer at https://zoom.us/ and entering the meeting identification and password below.

Meeting ID is 948 3543 5608 and the Password is 597884

King County Page 1

L&J Meeting Packet Page 4 March 2, 2021

Law and Justice Committee Meeting Minutes February 2, 2021

If you do not have access to the ZOOM application you can connect to the meeting by calling 1 253 215 8782 and using the meeting ID and password above. Connecting in this manner however may impact your ability to be unmuted to speak.

You are not required to sign up in advance. During this period of virtual meetings, public comment will be limited to items on the meeting agenda.

You have the right to language access services at no cost to you. To request these services, please contact our Language Access Coordinator, Reeni Nair at 206 477 4978, or [email protected], by 11:00 a.m. the day prior to the meeting.

If you do not wish to be called upon for public comment during the meeting, please help us manage the callers and use one of the options below (Live Streaming or King County TV Channel 22)

1. Call to Order The meeting was called to order by Chair Girmay Zahilay at 9:31 a.m.

2. Roll Call Present: 5 - Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert and Mr. Zahilay

3. Approval of Minutes Councilmember Balducci moved approval of the December 8, 2020, meeting minutes. There being no objections, the minutes were approved.

4. Public Comment The following individuals provided public comment:

1. Ramona Brandes 2. Rob Karlinsey

Briefing

5. Briefing No. 2021-B0013

COVID 19 Public Health Compliance in County Courts and Jails

Anita Khandelwal, Director, Department of Public Defense, Kimberly La Fronz, President, Department of Public Defense Chapter of the Service Employees International Union, and Michael Schueler, Department of Public Defense Service Employees International Union Representative briefed the committee and answered questions from the members. Rachael Schultz, Department of Public Defense Union Representative, Teamsters 117, commented and answered questions from the members.

King County Page 2

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Law and Justice Committee Meeting Minutes February 2, 2021

Dr. Edwin Lindo, Public Health professional, University of Washington Medicine addressed the committee and answered questions from the members.

Prosecuting Attorney Dan Satterberg, Stephanie Sato, HR Senior Deputy Prosecutor, addressed the committee and answered questions from the members.

Presiding Judge Jim Rogers, Superior Court and Chief Presiding Judge Susan Mahoney, District Court briefed the committee via PowerPoint presentation and answered questions from the members.

6. Briefing No. 2021-B0024

King County Search and Rescue Annual Update

Jennifer Brenes, President, King County Search and Rescue, briefed the committee and answered questions from the members.

Other Business The Chair updated the committee on the King County Sheriff Office Charter Amendments implementation.

Adjournment The meeting was adjourned at 11:50 a.m.

Approved this ______day of ______

Clerk's Signature

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Metropolitan King County Council Law & Justice Committee

STAFF REPORT

Agenda Item: 5 Name: Nick Bowman Proposed No.: 2021-0113 Date: March 2, 2021

SUBJECT

AN ORDINANCE establishing an advisory committee to engage community stakeholders regarding the selection, appointment and confirmation of the chief officer for the department of public safety and matters pertaining to the department of public safety.

SUMMARY

The proposed ordinance would establish an advisory committee consisting of thirteen members, including representatives from various stakeholder communities and individuals with expertise in the area of law enforcement reform. The purpose of the committee is tied to two distinct bodies of work: (1) to engage with and receive input from stakeholder communities in order to provide guidance to the Council and the Executive in the selection, appointment and confirmation process for appointing a new Sheriff; and (2) to solicit input on the values stakeholder communities hold for how law enforcement services should be provided and the ways the county could improve the delivery of law enforcement services.

Under the proposed ordinance, the Council and the Executive will each select one committee member representing overpoliced communities, rural unincorporated communities, urban unincorporated communities and persons with knowledge of, or experience with, law enforcement reform. Two committee members will be selected to represent cities who contract with the department of public safety, also referred to as the King County Sheriff’s Office (KCSO), for law enforcement services. Further, the Puget Sound Police Managers Association and the King County Police Officers Guild will each select one member from their respective organizations to the committee. Finally, the Community Committee for Law Enforcement Oversight will also select one member to represent its’ organization on the advisory committee.

The committee shall provide a report(s) on its efforts and findings to the Council and the Executive by July 1, 2021.

L&J Meeting Packet Page 7 March 2, 2021 BACKGROUND

Elected vs Appointed Sheriff in King County. From 1852 to 1969, the King County Sheriff was an elected position that operated more or less independently of the three county commissioners, who exercised both legislative and executive power. With the adoption of Amendment 21 to the state constitution in 1948, counties were able to adopt Home Rule Charters with voter approval.1 After rejecting an initial charter in 1952, the voters of King County approved a Home Rule Charter in November 1968. The charter replaced many quasi-independent elected officials, including the sheriff, with appointed positions subordinate to the executive.

For the next twenty-five years, the top law enforcement officer in King County was appointed by the Executive as the Director of the Department of Public Safety, as the Sheriff’s Office was renamed under the charter. In late 1995, King County Council Chair Kent Pullen introduced Proposed Ordinance 95-7552, which sought to reestablish the sheriff as an independently elected position. “[At the time, King County Executive Gary Locke had proposed a budget which included cuts and staff reductions in the Dept. of Public Safety. Council Chair Pullen argued that an elected sheriff would be in a better position to protect the budget from such cuts over that of a sheriff that also is a county department head reporting to the county executive. Executive Locke stated that he opposed the ordinance on the ground that the sheriff should be viewed as a law enforcement professional rather than an elected politician.]”3

In May 1996, Proposed Ordinance 95-755 was adopted by the County Council. The ordinance submitted to the voters a charter amendment to establish the county sheriff as a nonpartisan elected official with a four-year term. The ordinance maintained the Department of Public Safety as an executive department and maintained the civil service employment status of the department’s employees.

With the adoption of Proposed Ordinance 95-755, the decision to make the county sheriff an elected position went to the voters in November 1996 under the ballot title: “Charter Amendment No. 2”. Leading up to the election, various parties made their case for and against the measure.

Charter Amendment No. 2, establishing the King County Sheriff as a nonpartisan elected official, was approved by the voters in November 1996 with 57% voting yes.4 In early 1997, King County Executive Ron Sims appointed Dave Reichert, a veteran of the county police force, as Director of the Department of Public Safety. Mr. Reichert was elected sheriff in November 1997. There have been a total of five elected sheriffs since Sheriff Reichert’s first term in 1998.

1 “A History of Washington’s Local Governments: Washington State Local Governance Study Commission Report (Update). Municipal Research and Services Center for Washington. October 2007. http://leg.wa.gov/JointCommittees/Archive/JSCJTD/Documents/2007HistoryofWALocalGov.pdf 2 Ordinance 12301 3 Schaefer, David. “County Council Chairman Calls for Sheriff to be Elected Official- He Thinks Change Would Help Protect Police Budget from Cuts.” The Seattle Times. October 26, 1995. 4 “Election Results.” The Seattle Times. November 6, 1996.

L&J Meeting Packet Page 8 March 2, 2021 In July 2020, the County Council adopted Ordinance 19139, which placed on the ballot for the November 2020 general election, an amendment to the King County Charter, reestablishing the King County Sheriff as an appointed position with a requirement for consideration of community stakeholder input during the selection, appointment and confirmation process . In November 2020, the voters of King County approved Charter Amendment No.5, returning the King County sheriff to an appointed position with a requirement for consideration of community stakeholder input during the selection, appointment and confirmation process to be prescribed by county ordinance.

Sheriff’s Duties and the Duties and Structure of the Department of Public Safety. Prior to November 2020, the King County Charter specified the Sheriff’s duties by General Law5 and prohibited the County Council from decreasing the duties of the Department of Public Safety, also referred to as the King County Sheriff’s Office.6 In July 2020, the County Council adopted Ordinance 19140 which submitted to the voters an amendment to the King County Charter placed on the November 2020 general election ballot, allowing the County Council to establish the duties of the Sheriff and the structure and duties of the Sheriff’s Office by ordinance. In November 2020, the voters of King County approved Charter Amendment No.6, allowing the duties of the Sheriff and the duties and structure of the King County Sheriff’s Office to be established by county ordinance.

ANALYSIS

Proposed Ordinance 2020-0113 would establish an advisory committee consisting of thirteen members representing various community stakeholders and individuals with expertise in the area of law enforcement reform. The committee is to engage with and receive input from stakeholder communities directly impacted by KCSO, in order to provide guidance to the Council and the Executive in the selection, appointment and confirmation process for appointing a new Sheriff in accordance with the King County Charter after the adoption of Charter Amendment 5 in November 2020. The committee is also to garner input on the values stakeholder communities hold for how law enforcement services should be provided and the ways the county could improve the delivery of law enforcement services throughout King County.

Committee Composition, Member Selection and Operating Rules. The advisory committee includes thirteen members representing the geographic, ethnic and economic diversity of KCSO’s service area. The Executive and the Council will each select one member to represent overpoliced communities, rural unincorporated communities, urban unincorporated communities and those with knowledge of, or experience related to, law enforcement reform work. The oversight committee, established by the interlocal public safety services agreement with the cities, shall select two members to represent the cities who contract with KCSO for law enforcement services. The Puget Sound Police Managers Association, the King County Police Officers Guild and the Community Advisory Committee for Law Enforcement will each select one member to represent their respective organizations. The committee members which are to be selected by the Executive, the Council and the organizations

5 The duties as established by RCW Chapter 36.28 6 King County Charter Section 350.20.40

L&J Meeting Packet Page 9 March 2, 2021 listed above will be included in an Attachment A to this ordinance by amendment once the names of individuals have been provided to staff.

Once fully constituted, the committee will determine its rules and operating procedures with assistance from facilitators hired by the Executive.

Committee Responsibilities Pertaining to the Selection, Appointment and Confirmation of the Sheriff. The committee’s responsibilities pertaining to the selection, appointment and confirmation of the Sheriff include: • Engaging with the broader community to garner input on community expectations on the selection, appointment and confirmation of a new Sheriff; • Soliciting input from experts on the recruitment and selection of high-ranking law enforcement personnel; • Transmitting a report to the Executive and Council; • Interviewing candidates identified by the Executive and providing the Executive with the committee’s impressions of those candidates; and • Attending a meeting of the Committee of the Whole to provide the advisory committee’s input on the person selected by the Executive for the position of Sheriff.

Committee Responsibilities Pertaining to Obtaining Stakeholder Input on Law Enforcement Services. The committee’s responsibilities pertaining to obtaining input from stakeholder communities regarding both the values held for how law enforcement services should be provided and the ways the county could better deliver those services include: • Providing stakeholder communities with an overview of KCSO services; • Engaging with the broader community to gather input on the values stakeholder communities hold regarding how law enforcement services should be provided and ways the delivery of those services could be delivered; • Participating in public forums when invited; • Soliciting input from experts in the fields of public safety, accountability and oversight or any other field the committee deems relevant; and • Transmitting a report to the Executive and the Council.

Advisory Committee Report(s). The advisory committee will provide a report or reports to the Executive and the Council by July 1, 2021. The report(s) will detail the committee’s efforts to fulfill their responsibilities under the proposed ordinance and will include the following components: • A description detailing the principles that should guide the solicitation of candidates for the position of Sheriff; • A description of those qualities, experience and other characteristics the committee would like to see in a candidate for Sheriff; • A description of the community stakeholder groups providing input to the committee pertaining to the guiding principles on selection of a Sheriff and the qualities a successful candidate should have; • A description of those values stakeholder communities expressed regarding how law enforcement services should be provided;

L&J Meeting Packet Page 10 March 2, 2021 • A description of those ways the county could improve the delivery of law enforcement services to preserve and enhance public safety; • A description of the committee’s efforts to engage with, and receive input from community stakeholders; and • A recommendation on whether a future advisory body should continue to provide public engagement opportunities and guidance to the Executive and the Council on how law enforcement services should be provided and ways the county could improve delivery of those services.

Committee Facilitators and Staff Working Group. The proposed ordinance specifies that the Executive will hire facilitators to assist the committee in its work. A staff working group, including staff from the Executive and the Council, will also be available to assist the committee.

Additional Community Stakeholder Engagement. The proposed ordinance would commit the Executive and the Council to community stakeholder engagement outside of, and in addition to, the work of the advisory committee.

Ordinance Expiration. The proposed ordinance, and the advisory committee it would establish, expires upon confirmation of a new Sheriff.

INVITED

• Patti Cole-Tindall, Undersheriff, King County Sheriff’s Office • Karan Gill, Council Relations Director, King County Executive’s Office

ATTACHMENTS

1. Proposed Ordinance 2021-0113

L&J Meeting Packet Page 11 March 2, 2021 ATTACHMENT 1

1200 King County Courthouse KING COUNTY 516 Third Avenue Seattle, WA 98104 Signature Report

Ordinance

Proposed No. 2021-0113.1 Sponsors Zahilay and Kohl-Welles

1 AN ORDINANCE establishing an advisory committee to

2 engage community stakeholders regarding the selection,

3 appointment and confirmation of the chief officer for the

4 department of public safety and matters pertaining to the

5 department of public safety.

6 STATEMENT OF FACTS:

7 1. In November 2020, the voters of King County approved Charter

8 Amendment No.5, returning the King County sheriff to an appointed

9 position with a requirement for consideration of community stakeholder

10 input during the selection, appointment and confirmation process to be

11 prescribed by county ordinance.

12 2. In November 2020, the voters of King County approved Charter

13 Amendment No.6, allowing the duties of the chief officer of the

14 department of public safety, who may also be referred to as the county

15 sheriff, and the duties and structure of the department of public safety to

16 be established by county ordinance.

17 3. In November 2020, the adoption of the 2021-2022 Biennial Budget

18 Ordinance, Ordinance 19210, set the maximum biennial appropriation for

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19 the department of public safety at approximately four hundred and nine

20 million dollars with a maximum of one thousand ninety-five full time

21 equivalent positions.

22 4. The department of public safety has an active role providing and

23 participating in regional services and activities including bomb disposal,

24 search and rescue, homicide investigations, civil and criminal warrants,

25 sex offender registration, dignitary protection, the automated fingerprint

26 identification system, intelligence services and the joint terrorism task

27 force.

28 5. The department of public safety is the police department for

29 unincorporated King County, which includes nearly 250,000 residents

30 over a wide-ranging geographic area that encompasses dense urban areas,

31 such as Skyway and White Center, and sparsely populated rural areas,

32 such as Vashon Island and rural east King County.

33 6. The county contracts with twelve cities and the Muckleshoot Indian

34 Tribe to provide law enforcement services to their approximately three

35 hundred thousand residents through the department of public safety.

36 Combined, those contracts were approximately thirty six percent of the

37 department of public safety's budget for the 2019-2020 biennium and are

38 an important part of the department's operations.

39 7. In accordance with the interlocal agreements for law enforcement

40 services, the cities and county have formed an oversight committee,

41 responsible for ensuring compliance with the terms of the interlocal

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42 agreement.

43 8. The county also provides public safety services for transportation

44 agencies, including the King County International Airport, the Metro

45 transit department and the Central Puget Sound Regional Transit

46 Authority, which is also known as Sound Transit. Combined, providing

47 those services represented approximately eighteen percent of the

48 department of public safety's budget for the 2019-2020 biennium and

49 require unique services along bus and light rail lines and at transit stations.

50 9. The department of public safety has faced reductions over the past

51 decades and creates challenges for the vision of public safety the county

52 hopes to uphold.

53 10. Since the tragic killing of George Floyd by a police officer on May

54 25, 2020, in Minneapolis, Minnesota, the Black Lives Matter movement

55 has been at the forefront of protests, rallies, marches and demonstrations

56 calling for an end to structural racism and to restructuring law

57 enforcement as it has been traditionally practiced in King County and

58 across the United States.

59 11. Safety for all requires that the county explores new alternatives to

60 incarceration and alternatives to armed police response to some calls for

61 service. Alternative emergency response models could include but are not

62 limited to mental health responders, conflict resolution teams and trauma-

63 informed violence interruption initiatives.

64 12. The council and the executive desire an open, transparent and

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65 inclusive process to review and update the structure and duties of the

66 department of public safety and to appoint a new county sheriff.

67 13. The council and the executive will engage with a wide ranging and

68 diverse group of community stakeholders, contract cities and other

69 partners, to understand the needs of the communities served by the

70 department of public safety.

71 14. The county is committed to continuing its long-established

72 partnership with labor unions, including sworn and civilian bargaining

73 units.

74 15. The county is committed to providing efficient, effective and

75 equitable public safety services in the unincorporated areas and in the

76 contract entities.

77 16. The county is committed to maintaining and enhancing public safety

78 for all its residents.

79 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

80 SECTION 1.

81 A. The King County public safety advisory committee is hereby established.

82 B. The purpose of the committee shall be to:

83 1. Engage with and receive input from community stakeholders directly

84 impacted by the department of public safety and provide guidance to the council and the

85 executive in the selection, appointment and confirmation process for appointment of the

86 chief officer of the department of public safety in accordance with section 2 of this

87 ordinance; and

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88 2. Engage with and receive input from community stakeholders directly

89 impacted by the department of public safety regarding the values stakeholder

90 communities hold on how law enforcement services should be provided and ways the

91 county could improve the delivery of law enforcement services to preserve and enhance

92 public safety, and to provide guidance to the council and the executive on those matters

93 in accordance with section 3 of this ordinance.

94 C.1. The committee shall include thirteen members of the public, who represent

95 the geographic, ethnic and economic diversity of the department of public safety's service

96 area. Two members of the committee shall represent overpoliced communities. Two

97 members of the committee shall represent rural unincorporated communities. Two

98 members of the committee shall represent urban unincorporated communities. Two

99 members of the committee shall represent cities which contract with the department of

100 public safety for police services. Two members of the committee shall have knowledge

101 of, or experience related to, law enforcement reform work. One member of the

102 committee shall represent the Puget Sound Police Managers Association. One member

103 of the committee shall represent the King County Police Officers Guild. One member of

104 the committee shall represent the community advisory committee for law enforcement

105 oversight.

106 2. The executive and the council shall each select one member representing the

107 following communities or expertise:

108 a. overpoliced communities, which for the purposes of this ordinance, are

109 those communities that have simultaneously experienced the greatest infringement of

110 personal liberty and the greatest under-protection from law enforcement.

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111 b. rural unincorporated communities, which for the purposes of this ordinance,

112 are those areas located in the rural area of the county;

113 c. urban unincorporated communities, which for the purposes of this ordinance

114 are those located in the in the urban growth areas of unincorporated King County; and

115 d. a person with knowledge of or experience related to law enforcement reform

116 work.

117 3. The oversight committee, established by the interlocal public safety services

118 agreements with the cities, shall select two members to represent the contract cities on the

119 advisory committee. The Puget Sound Police Managers Association and the King

120 County Police Officers Guild shall each select one member from their respective

121 organizations to represent their organizations on the committee. The community

122 committee for law enforcement oversight shall select one member to represent it on the

123 advisory committee.

124 4. Committee members selected by the executive and those members selected

125 by the council to represent the communities as described in section 1.C.2. of this

126 ordinance and those members selected by the organizations as described in section 1.C.3.

127 of this ordinance are included in Attachment A to this ordinance.

128 5. Once fully constituted, the committee, with assistance from the facilitators

129 described in section 5 of this ordinance, shall determine its rules and operating

130 procedures, including but not limited to, frequency of committee meetings and method by

131 which the committee will determine what to include in the final report required by section

132 4 of this ordinance.

133 SECTION 2. The responsibilities of the committee pertaining to the selection,

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134 appointment and confirmation of the chief officer of the department of public safety shall

135 include:

136 A. Serving as credible messengers to and on behalf of their represented

137 communities or organizations;

138 B. Engaging with the broader community to garner input on community

139 expectations on the selection, appointment and confirmation of a department of public

140 safety chief; for example, participating in public forums when invited by communities or

141 other relevant organizations or jurisdictions within King County;

142 C. Soliciting input from experts with knowledge of, or experience with, the

143 recruitment and selection of high-ranking law enforcement personnel;

144 D. Transmitting a report as further described in section 4.A. of this ordinance;

145 E. At a meeting of the committee, conducting interviews of those candidates

146 identified by the executive; and within seven days of completing the candidates'

147 interviews, providing to the executive the committee's impressions of the candidates; and

148 F. After the executive has transmitted a motion appointing a chief officer of the

149 department of public safety, attending a meeting of the committee of the whole to provide

150 the advisory committee's input on the person selected by the executive for the position of

151 chief officer of the department of public safety.

152 SECTION 3. The responsibilities of the committee pertaining to the obtaining

153 input from stakeholder communities regarding both the values stakeholder communities

154 hold for how law enforcement services should be provided and the ways the county could

155 improve the delivery of law enforcement services to preserve and enhance public safety

156 shall include:

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157 A. Serving as credible messengers to and on behalf of their represented

158 communities or organizations;

159 B. With support from the county and facilitators, providing stakeholder

160 communities with an overview of the services of the department of public safety

161 provides;

162 C. Engaging with the broader community to gather input on the values

163 stakeholder communities hold regarding how law enforcement services should be

164 provided and what ways the county could improve the delivery of law enforcement

165 services to preserve and enhance public safety;

166 D. Participating in public forums when invited by communities or other relevant

167 organizations or jurisdictions within King County;

168 E. Soliciting input from experts with knowledge or experience in the fields of

169 public safety, accountability and oversight or any other field the committee deems

170 relevant; and

171 F. Transmitting a report to the executive and council as further described in

172 section 4.B. of this ordinance.

173 SECTION 4.

174 A. The committee shall provide a chief of the department of public safety report

175 to the executive and the council by no later than July 1, 2021. An electronic copy of the

176 report shall be transmitted simultaneously to the executive and to the clerk of the council,

177 who shall retain the original and provide an electronic copy to all councilmembers and

178 the lead staff of the law and justice committee The report shall include, but limited to,

179 the following:

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180 1. A description detailing the principles that should guide the solicitation of

181 candidates for the position of the chief officer of the department of public safety;

182 2. A description of those qualities, experience and other characteristics the

183 committee would like to see in a candidate;

184 3. A description of the committee’s efforts to engage with, and receive input

185 from, community stakeholders;

186 4. A description of the community stakeholder groups providing input to the

187 committee; and

188 5. A description of community stakeholder input, categorized by general

189 themes, pertaining to the guiding principles on selection of a chief officer of the

190 department of public safety and the qualities a successful candidate should have.

191 B. The committee shall provide a law enforcement services report to the

192 executive and the council by no later than July 1, 2021. An electronic copy of the report

193 shall be transmitted simultaneously to the executive and to the clerk of the council, who

194 shall retain the original and provide an electronic copy to all councilmembers and the

195 lead staff of the law and justice committee. The report shall include, but limited to, the

196 following:

197 1. A description of those values stakeholder communities expressed, categorized

198 by general themes, regarding how law enforcement services should be provided;

199 2. A description, categorized by general themes, of those ways the county could

200 improve the delivery of law enforcement services to preserve and enhance public safety;

201 3. A description of the committee's efforts to engage with, and receive input

202 from, community stakeholders;

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203 4. A description of the community stakeholder groups providing input to the

204 committee; and

205 5. A recommendation on whether a future advisory body should provide

206 continued public engagement and guidance to the executive and the council pertaining to

207 the matters described in subsection B.1. and 2. of this section.

208 SECTION 5.

209 A. The executive shall hire facilitators to assist the committee in its work.

210 B. A staff working group shall be available to assist the committee, including

211 staff from the executive and council.

212 SECTION 6.

213 A. In addition to considering the community stakeholder input gathered by the

214 committee, the executive will engage in other methods of gathering community

215 stakeholder input regarding the selection and appointment of the chief officer of the

216 department of public safety, as well as, pertaining to the matters described in section

217 4.B.1. and 2. of this ordinance.

218 B. In addition to considering the community stakeholder input gathered by the

219 committee, the council will engage in other methods of gathering community stakeholder

220 input regarding the confirmation of the chief officer of the department of public safety, as

221 well as pertaining to the matters described in section 4.B.1. and 2. of this ordinance.

10

L&J Meeting Packet Page 21 March 2, 2021 Ordinance

222 SECTION 7. This ordinance expires upon confirmation of a new chief officer of

223 the department of public safety.

224

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Rod Dembowski, Chair ATTEST:

______

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: None

11

L&J Meeting Packet Page 22 March 2, 2021

Metropolitan King County Council Law & Justice Committee

STAFF REPORT

Agenda Item: 6 Name: Nick Bowman Proposed No.: 2020-0170 Date: March 2, 2021

SUBJECT

An Ordinance authorizing an interlocal agreement with the Bothell Police Department, the City of Seattle, the City of Redmond, the Enumclaw Police Department, the King County Sheriff's Office, the Issaquah Police Department, NORCOM, the Port of Seattle, the University of Washington Police Department, Valley Communications Center and the Washington State Patrol, relating to the countywide enhanced 911 emergency communications system.

SUMMARY

The proposed ordinance would allow the Executive to enter into an interlocal agreement (ILA) with the twelve Public Safety Answering Points (PSAPs) relating to the countywide enhanced 911 (E-911) emergency communications system. The ILA describes services to be provided by the County and the PSAP, and the rights and responsibilities of the parties to each other. The proposed ILA would be the first formal agreement between the County and the PSAPs since the last contract signed in 2010 expired in 2015.1

The term of the proposed ILA would commence upon execution by the County and the PSAP through December 31, 2023. However, the ILA may be extended upon mutual agreement for consecutive renewal terms of up to five years each, in perpetuity. The ILA may be terminated by either party for convenience, provided twelve months’ notice of the termination is provided.

The Funding Policy portion of the proposed ILA (Section 5 of the transmitted Attachment A) expired on December 31, 2020. The Funding Policy was intended to be replaced by a comprehensive funding process policy negotiated by the E-911 Program Office (Program Office) the PSAPs and the Regional Advisory Governing Board (RAGB), as called for by the E-911 Strategic Plan (Strategic Plan). In late 2020, the Program Office and the PSAPs reached agreement on a comprehensive funding process policy included as Exhibit A to a revised ILA (Revised Attachment A) that is discussed further in the amendment section of this staff report.

1 Though the 2010 contract with the County expired in 2015, the PSAPs agreed to abide by the contract’s provisions while an E-911 strategic plan was developed and the proposed ILA was negotiated.

L&J Meeting Packet Page 23 March 2, 2021 BACKGROUND

Enhanced 911 (E-911) System. Under state law, counties must implement a countywide E-911 emergency communication system, with the goal of providing E-911 throughout the state.2 King County’s E-911 system is a partnership between the County and twelve independent PSAPs, which provide 911 call answering and dispatch services for local jurisdictions. The E-911 Program Office is housed in King County’s Department of Information Technology (KCIT) and is responsible for ensuring correct routing of a 911 call to the appropriate PSAP.3 Each PSAP is responsible for the 911 call answering, interrogation, and dispatch of appropriate public safety agencies.

The program is primarily funded by excise taxes from land line, wireless, and Voice- over-Internet-Protocol (VoIP) phones. A portion of these excise taxes are distributed to the PSAPs to defray the costs of 911 call handling. In 2020, King County PSAP’s processed over 1.74 million 911 voice calls and over 1.75 million text calls.4

Table 1 below provides the call volumes across the 12 PSAPs for the year 2020.

Table 1. PSAPs in King County5 Public Safety Answering Points in King County (with % of 2020 call volumes)

Bothell Police Department (.7%) Redmond Police Department (1.0%) Enumclaw Police Department (.2%) Seattle Fire Department (5.5%) Issaquah Police Department (.7%) Seattle Police Department (29.9%) King County Sheriff's Office (17.8%) UW Police Department (.1%) North East King County Regional Public Safety Valley Comms Center7 (23.4%) Communication Agency (NORCOM)6 (10.1%) Port of Seattle Police Department (.3%) Washington State Patrol (10.3%)

2 RCW 38.52.510 3 Ordinance 18551, adopted in July 2017, moved the E-911 Program Office from the Office of Emergency Management in the Department of Executive Services to KCIT. 4 E-911 Program Office February 11, 2021 5 Per E-911 Program Office, 2/3/2021 6 NORCOM serves the following emergency service providers: City of Bellevue, City of Bothell, City of Clyde Hill, City of Kirkland, City of Medina, City of Mercer Island, City of Snoqualmie, Eastside Fire & Rescue, King County FD 27, King County FD 45, King and Kittitas County FD 51, Northshore Fire Department, Shoreline Fire Department and Woodinville Fire & Life Safety District. 7 ValleyCom serves the following emergency service providers: City of Algona Police, City of Auburn Police, City of Black Diamond Police, City of Des Moines Police, City of Federal Way Police, City of Kent Police, City of Pacific Police, City of Renton Police, City of Tukwila Police, Enumclaw Fire (the City contracts with the Fire District so not City of Enumclaw Fire), King County International Airport (Fire and EMS), Burien/Normandy Park FD 2, Skyway FD 20, Mountain View Fire & Life Safety FD 44, Palmer/Seleck FD 47, King County Medic One, Puget Sound Regional Fire Authority (covering Covington, Kent, Maple Valley, SeaTac, King County FD 37, and King County FD 43), North Highline Fire Department, Renton Regional Fire Authority, South King Fire and Rescue (covering City of Federal Way and King Count FD 26-Des Moines), City of Tukwila, Valley Regional Fire Authority (Auburn, Algona & Pacific), Vashon Island Fire and Rescue.

L&J Meeting Packet Page 24 March 2, 2021

King County and PSAP Participation Agreements. In 1983, the County Council approved Ordinance 6507 approving a 911 system agreement with Pacific Northwest Bell (PNB). Subsequent agreements and amendments have been executed with US West, Qwest and CenturyLink.8 The 1983 contract with PNB required King County to develop user agreements with "those jurisdictions, municipalities or agencies, located in King County, which desire to participate in the use of the System (known as PSAPs) that "shall be consistent in all applicable respects" with the PNB contract. Over the years, King County has entered into partnership agreements with the PSAPs, most recently in 2010.9

The 2010 partnership agreement between King County and the twelve PSAPs expired in 2015. While the County attempted to negotiate an extension of the 2010 agreement, mounting system challenges associated with transitioning to Next Generation 911, finances and strategic direction resulted in the County and the PSAPs being unable to reach a consensus on a formal extension. In lei of a formal extension, the PSAPs agreed to continue abiding by the 2010 agreement while a formal process to address the E-911 system’s challenges was developed.10 The challenges and the formal process are discussed in detail below.

Next Generation 911 and System Challenges. The E-911 Program Office and the PSAPs have been working since 2005 to transition to what is known as Next Generation 911 (NG911), a federal initiative to modernize systems and networks receiving and transporting all forms of emergency calls including non-voice (multi-media) messages in a reliable, accurate, and secure manner.11 NG911 networks allow transmission of text/photo/video-to-911, allow for better location identification, and receive automatic collision notification from vehicles and data from medical devices. King County’s transition to NG911 technology had been constrained by the State 911 Emergency Services IP network (ESInet),12 resources, and difficulties in gaining agreement about strategic direction and decision-making processes. In response to these challenges the King County Auditor’s Office made a number of recommendations in June 2015 including: the creation of a governance mechanism, the establishment of a financial baseline of required spending and estimated revenues, and the suspension of NG911 projects pending creation of an NG911 implementation plan and vetting of the plan with stakeholders.13

Strategic Plan Scoping Committee. In October 2015, the Council, with concurrence from the Regional Policy Committee, adopted Ordinance 18139, creating a Strategic

8 US West, a Colorado Corporation, is the sole shareholder in PNB8; Qwest was formerly known as US West; and Century Link was formerly known as Qwest. 9 Attachment 4 10 E-911 Program Office Response to Council inquiry 1/6/2021 11 Excerpt from NENA document “what is NG9-1-1?” http://c.ymcdn.com/sites/www.nena.org/resource/resmgr/ng9-1-1_project/whatisng911.pdf 12 In 2018-2019, Washington State 911 purchased and deployed a second generation ESInet network (ESInet II) from Comtech Telecommunications Corporation that allows full NG911 features and functions. Deployment of this network in King County was successfully completed in 2019. 13 http://www.kingcounty.gov/depts/auditor/auditor-reports/all-landing-pgs/2015/e-911-2015.aspx

L&J Meeting Packet Page 25 March 2, 2021 Plan Scoping Committee. The Ordinance charged the Scoping Committee with recommending a planning process and framework for creation of an E-911 Strategic Plan to address financial, strategic and technological challenges associated with implementation of the NG911 technology. The Scoping Committee submitted its Strategic Planning Process report to Council in May 2016.14

Regional E-911 Strategic Plan. In July 2016, the Executive appointed, and the Council confirmed, a 16-member multijurisdictional Leadership Group tasked with completing an E-911 a Strategic Plan by December 31, 2017.15 The Leadership Group was supported by a formal staff Planning Group, which was appointed to consider recommendations from three task forces (Technology and Operations, Finance, and Governance).

On November 9, 2017, the Leadership Group voted unanimously to approve the Strategic Plan and in January 2018, the Council approved the King County Regional E- 911 Strategic Plan.16 The Plan establishes the vision, mission, values, goals, core services and principles for the regional E-911 system. The Plan also recommended a new regional governance structure led by a Regional Advisory Governing Board, a 10- year technology strategy focused around modernizing and centralizing the E-911 platform, and a 10-year financial plan focused on achieving financial sustainability for the E-911 system.17 Under the governance and finance recommendations, the Strategic Plan further called for the development of a new formal agreement between the County and the PSAPs, as well as, the development of comprehensive financial management policies.

Financial Sustainability. In response to recommendations in the Regional E-911 Strategic Plan, the Regional Advisory Governing Board formed a Financial Workgroup, which has identified one-time and ongoing program efficiencies and has developed funding policies intended to reduce costs. Over the longer term, other funding sources are being investigated, including a potential increase to the excise tax18 or a voter- approved increase to the sales and use tax.19 Based on the financial sustainability work to date, the 2021-2022 budget projects ongoing positive fund balance through at least 2026.

ANALYSIS

Proposed Ordinance 2020-0170 would authorize the Executive to enter into an ILA with twelve PSAPs relating to the countywide E-911 emergency communications system. As noted in the background section of this staff report, the proposed ILA is the product of several years’ worth of negotiations between the County and the PSAPs and is guided by the King County Regional E-911 Strategic Plan. The key provisions of the proposed agreement include:

14 https://mkcclegisearch.kingcounty.gov/LegislationDetail.aspx?ID=2736968&GUID=000F4846-4D8E- 4DB2-BD57-E7FF81496F63&Options=ID|Text|Attachments|Other|&Search=scoping+committee 15 Motion 14679 16 Ordinance 18695 17 The governance structure recommended by the Strategic Plan was established via Ordinance 18695 18 RCW 82.14B.030. An increase to the excise tax would require approval by the State Legislature. 19 RCW 82.14.420 allows local sales and use tax for emergency communications systems and facilities.

L&J Meeting Packet Page 26 March 2, 2021 Section 2 Conflicts.

• In the event there is a conflict between the proposed ILA and the Strategic Plan, the Strategic Plan will control.

Section 3 Term and Termination

• The agreement is effective upon execution by the County and the PSAP and the initial term runs through December 31, 2023. • By mutual agreement of the County and the PSAP, the ILA may be extended for consecutive renewal terms of five years each; potentially in perpetuity as there is no termination date or criteria to end these extensions. • Extending the agreement would not require Council approval. • Either party may terminate the agreement without cause upon providing twelve months’ notice of their intention to terminate. • The agreement may also be terminated if either party fails to perform its obligations under the agreement. o If seeking termination for a party’s failure to perform its obligations, a “notice to cure” must first be served to the defaulting party, upon receiving which the defaulting party has one-hundred eighty business days to cure the default or provide a written plan for how the default will be cured. o If the default has not been cured or the written plan to cure is not accepted by the other party, either party may pursue dispute resolution as provided under Section 8 of the proposed agreement. o If the default is not resolved at the conclusion of the dispute resolution process, either party may terminate the agreement with thirty business days’ notice.

Section 4 Roles, Responsibilities, Service and Staffing

Under the proposed agreement, the County’s roles, responsibilities, and services are as follows: • Fund and provide this network and the following services: o Call and data delivery systems and equipment to connect the State 911 network to the PSAP; network and system security; software licensing; project and vendor management planning; vendor delivery oversight and compliance; language interpretation services; administration and finance, vendor and asset management; and a standalone Uninterrupted Power Supply (UPS) system, etc.

The County will also: • Adopt policies and procedures following best practices to provide control and auditing mechanisms for PSAP-owned equipment and systems at or used by the County. • Not allow County personnel to access PSAP systems without permission or interact with a PSAP’s contractor(s) to request service which would create a financial obligation for the PSAP and will provide the PSAP prior notice of any service impacting maintenance.

L&J Meeting Packet Page 27 March 2, 2021 • Follow the Strategic Plan providing review and modification of the Strategic Plan as needed. • Notify the PSAP as soon as required by law or contract or as reasonably possible when the County becomes aware of a cyber-security breach of the call answering system/s.

Under the proposed agreement, the PSAP’s roles, responsibilities, and services are as follows: • Process calls for service received at the PSAP on County E-911 equipment. • Adhere to National Emergency Number Association call answering standards.20 • Provide access to PSAP facilities, upon reasonable notice, for County personnel or approved contractor staff for E-911 system support, maintenance, updates installation or removal of hardware and software. • Adopt policies and procedures following best practices to provide control and auditing mechanisms for County-owned equipment and systems at or used by the PSAP. • Provide secure facilities and space for E-911 equipment. • Provide the County with verification and certification of the accuracy and completeness of street address data within the PSAP’s service areas. • Be responsible for billable charges the County incurs for certain PSAP initiated events. • Notify the County as soon as required by law or contract or as reasonably possible when the PSAP becomes aware of a cyber-security breach of the call answering system/s.

The PSAP will not: • Allow PSAP personnel access to the E-911 System without permission from the County. • Create a financial obligation with the County’s contractor without the County’s agreement and/or authorizations. • Add any software or hardware that is not provided by the original manufacturer or vendor to the E-911 System provided by the County.

Section 5 Funding Policy

As noted in the summary of this staff report, the Funding Policy portion of the proposed ILA expired on December 31, 2020. A comprehensive financial policy is included as Exhibit A to the revised Attachment A and will be discussed further in the amendment section of this staff report.

Section 7 Records and Audits

• The PSAP will provide access to its facilities at all reasonable times to monitor and evaluate the use of E-911 excise taxes provided under the proposed agreement.

20 NENA Call Answering Standards provide uniform and consistent standard operating procedures for the handling of 9-1-1, other emergency and non-emergency calls in areas such as operational levels of service, order of answering priority, answering protocol, information gathering and call transfer. https://www.nena.org/page/CallProcessingStnd

L&J Meeting Packet Page 28 March 2, 2021 • If an audit finds a PSAP received a reimbursement from the County for an ineligible expenditure and requires the County to refund the state, the PSAP shall reimburse the County for the full amount the County was required to pay the state. • The County is solely responsible for all call data or other data it receives from the state of Washington 911 Network or other sources, and for transferring same to the PSAP Call Answering Equipment. The County is not responsible for call data and other data not directly processed, transmitted, or provided by the County. • The PSAP has no property interest in and may assert no lien on or right to withhold from the County, any data it receives from, addressed to, or stores on behalf of the County. • Once the call record data is delivered from the County’s Call Processing Equipment to the PSAP systems, the ownership and responsibility for said data transfers to the PSAP.

Section 8 Disputes

• Disputes between the parties relating to the agreement shall first attempt to be resolved through direct negotiations. • If, after sixty days, the dispute has not been resolved, either party may refer the dispute to the executive director of the PSAP and the director of the E-911 Program Office. • If the dispute is not resolved by the executive director and the Program Office director within sixty days, either party may refer any dispute within the purview of the Strategic Plan to the dispute resolution process under the Strategic Plan.21 • If the dispute resolution process under the Strategic Plan doesn’t resolve the dispute or the dispute is outside the purview of the Strategic Plan, either party may refer the dispute to non-binding mediation. • A party must follow the agreement’s dispute resolution process before pursuing other available legal remedies. • The County and the PSAP will continue to perform their obligations under the proposed agreement during the dispute resolution process unless otherwise provided by law or court order.

Section 10 Amendment

• All changes to the proposed agreement shall be made in writing and signed by the King County Executive and the executive director of the PSAP, or equivalent officer, or their designees. • Amendments to the proposed agreement would not require Council approval.

AMENDMENT

Amendment 1 to proposed ordinance 2020-0170 deletes the transmitted ILA template in Attachment A and replaces it with a new Attachment A and a revised ILA template. The revised ILA includes technical and language constituency-related changes, replaces

21 Regional E-911Strategic Plan. Pg. 19 Decision Making and Dispute Resolution Process https://www.kingcounty.gov/depts/it/e-911-program/strategic-plan.aspx

L&J Meeting Packet Page 29 March 2, 2021 “Section 5: Funding Policy,” with a revised Section 5 that reflects the parties’ current approach to the agreed funding policy and adds a new Exhibit A to the ILA which contains a comprehensive funding process policy agreed to by the parties.

The key provisions of Exhibit A to the ILA between PSAP and King County King County E-911 Program Office PSAP Funding Process Policy include:

Section 3 Responsibility

Under the proposed funding policy, the County is required to: • Use E-911 excise tax revenue to support network, operations and equipment used in receipt of 911 calls from the State ESInet and delivery to the PSAP. • Hire and train appropriate level of staff to support the E-911 Program and equipment.

Under the proposed funding policy, the PSAPs are required to: • Purchase and maintain equipment for operations after the 911 call is delivered to the PSAP. • Hire and train staff to answer 911 calls and support 911 services, ensuring that excise tax revenues are used to support the 911 system only and not for dispatch costs. • Ensure use of excise tax revenue are within current policy guidelines and disbursement requests do not exceed escrow account balance. • Ensure all purchase records are accurate and available for year-end reporting and submit a year-end spending category report to the Program Office.

Section 4 Program Office Available Funds

• Based on available funds, the Program Office will: o Maintain a minimum fund balance of 10% of operating expenses. o Maintain a capital reserve of $1 million. o In cooperation with RAGB, review and/or modify this policy following the County biennial budget calendar.

Section 5 Escrow Fund Disbursement Procedure

• Each PSAP will receive a $100,000 baseline disbursement amount per year. • Remaining PSAP excise tax revenue will be distributed by call volume and based on the PSAPs percentage of 911 calls answered over a trailing two-year rolling average as reported in an agreed to report. • Fund disbursements to escrow will occur no later than the last business day of the March, June, September, and December. • Reimbursement requests are due to the Program Office no later than the 15th of January, April, July, and October, where requests will be processed and distributed by the end of that same month. • PSAPs are required to submit an annual report by February 15th listing all items or staff time where excise tax revenue was used.

L&J Meeting Packet Page 30 March 2, 2021 Section 7 Equipment Ownership

• Equipment purchased with excise tax revenue will become a PSAP asset, however, the County reserves the right to audit the equipment usage to ensure compliance with established guidelines. • If a PSAP is decommissioned or the asset is to be sold, the PSAP must first notify the Program Office to give the County the option to take ownership of the equipment.

Section 8 Equipment Maintenance

• Equipment purchased with excise tax revenue will be the financial and operational responsibility of the PSAP, including maintenance, support, licenses, repairs and overall operational costs.

Section 10 Unspent or Additional Revenue

• Available unspent funds may be shared with PSAPs if: fund balance and operational reserves are within policy guidelines & strategic objectives identified during the strategic planning process have a sufficient funding plan. • Unspent funds will become part of the fund balance after the biennium closes. • When additional revenue becomes available through taxation the ILA calls for the evaluation of program office needs and future investments and the consideration of adjustments to the distribution amount for PSAPs.

Section 11 Decommission of Governance Change

• If closing and dismantling of a PSAP’s operation of answering 911 calls occurs: o Excise tax revenue will continue to be earned, on a prorated basis. o Reimbursements may be requested within 90 days of when the PSAP ceases to answer 911 calls. o The Program Office will pay transition costs of 911 networking and equipment for the receiving PSAP to answer 911 calls and be responsible for removing 911 networking and equipment from the decommissioned PSAP. o The Program Office will work with affected PSAPs, ensuring all financial variables are addressed and there is a smooth transition and transfer of 911 calls. • Once the reimbursement process for a decommissioned has completed, remaining unused escrow funds will be transferred to the receiving PSAP’s escrow accounts. If transferring to multiple PSAPS, the process will be determined in conjunction with the RAGB before the decommission date. • The Program Office, with advisory guidance from the RAGB, will determine the best method of distributing remaining appropriated revenue distributions after a PSAP has been decommissioned. Potential options for any such distributions include: o Sharing remaining escrow revenue distributions, within the year a Non- Primary Wireless PSAP is decommissioned, shall be shared with the

L&J Meeting Packet Page 31 March 2, 2021 remaining PSAPs according to their previously determined call volume percentage. o Remaining escrow revenue distributions within the year from a decommissioned Non-Primary Wireless PSAP shall be distributed to the receiving PSAP. o Remaining revenue distributions for a decommissioned Primary Wireless PSAP will be decided in conjunction with the RAGB prior to the decommission date. o Remaining escrow revenue distributions from a decommissioned PSAP will return to the Program office fund balance. • The Program Office, with advisory guidance from the RAGB, will determine the best method of distributing future revenues and will consider mirroring the options for remaining appropriated revenue listed above until such time as the decommissioned PSAP’s call volume is no longer included within the two-year rolling average period. • The Program Office will provide transitional support to the PSAP during such a time where there is a change of authority and/or governance of a PSAP where the PSAP and Program Office partnership remains intact and the PSAP operation of 911 continues and insure the escrow account remains intact and follows the PSAP.

Section 12 Policy Review

• This funding policy will be reviewed and/or modified annually by joint agreement in accordance with Section 10 of the ILA. • Future modifications to the funding policy would not require Council approval.

INVITED

• Deb Flewelling, Government Relations & Outreach Manager, Department of Information Technology, E-911 Program Office • Ben Breier, E-911 Program Manager, Department of Information Technology, E- 911 Program Office

ATTACHMENTS

1. Proposed Ordinance 2020-0170 (and its attachments) 2. Amendment 1 3. Transmittal Letter 4. Fiscal Note 5. 2010 PSAP Agreement

L&J Meeting Packet Page 32 March 2, 2021 ATTACHMENT 1

1200 King County Courthouse KING COUNTY 516 Third Avenue Seattle, WA 98104 Signature Report

Ordinance

Proposed No. 2020-0170.1 Sponsors Zahilay

1 AN ORDINANCE authorizing the King County executive

2 to enter into and implement an interlocal agreement, under

3 chapter 39.34 RCW, with the Bothell Police Department,

4 the city of Seattle, the city of Redmond, the Enumclaw

5 Police Department, the King County sheriff's office, the

6 Issaquah Police Department, NORCOM, the Port of

7 Seattle, the University of Washington Police Department,

8 Valley Communications Center and the Washington State

9 Patrol, relating to the countywide enhanced 911 emergency

10 communications system.

11 PREAMBLE:

12 In accordance with RCW 38.52.510, about statewide enhanced 911 service

13 funding by counties, the county implements the countywide enhanced 911

14 ("E-911") emergency communications system so 911 is available

15 throughout the state. The statute provides that King County must provide

16 funding for the E-911 system in an amount equal to the amount the

17 maximum tax under RCW 82.14B.030(1) would generate in the county

18 less any applicable administrative fee charged by the state Department of

1

L&J Meeting Packet Page 33 March 2, 2021 Ordinance

19 Revenue or the amount necessary to provide full funding of the E-911

20 system in the county.

21 The regional E-911 system in King County is a partnership between the

22 King County E-911 program office and public safety answering point

23 ("PSAP") partners providing 911 call-answering and dispatch services for

24 local jurisdictions. The E-911 program office is within the King County

25 department of information technology and is responsible for ensuring

26 correct routing of a 911 call to the appropriate public safety answering

27 point. A PSAP, reporting to its local stakeholders, is responsible for the

28 911 call answering, interrogation and dispatch of appropriate public safety

29 agencies.

30 The PSAP is the public's direct link to the dispatchers of emergency

31 services for specific jurisdictions, and who thereby directly link police,

32 fire and medical first responders to members of the public requesting aid,

33 protection or rescue.

34 In 2018, Ordinance 18695 was adopted, approving the King County

35 Regional E-911 Strategic Plan ("the strategic plan"). The strategic plan

36 identified a governance and decision structure supporting the regional E-

37 911 system, the E-911 program office, each PSAP and the King County

38 regional advisory governance board.

39 Representatives for the PSAP partners and the King County executive

40 negotiated a proposed interlocal agreement, which is Attachment A to this

41 ordinance.

2

L&J Meeting Packet Page 34 March 2, 2021 Ordinance

42 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

43 SECTION 1. The King County executive is hereby authorized to enter into an

44 interlocal agreement relating to the countywide enhanced E-911 emergency

45 communications system in substantially the form as Attachment A to this ordinance, with

46 the Bothell Police Department, the city of Seattle, the city of Redmond, the Enumclaw

47 Police Department, the King County sheriff's office, the Issaquah Police Department,

48 NORCOM, the Port of Seattle, the University of Washington Police Department, Valley

3

L&J Meeting Packet Page 35 March 2, 2021 Ordinance

49 Communications Center, the Washington State Patrol and any additional public safety

50 answering point partner agreeing to the interlocal agreement.

51

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Rod Dembowski, Chair ATTEST:

______

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: A. Interlocal Agreement Between Public Safety Answering Point and King County

4

L&J Meeting Packet Page 36 March 2, 2021

ATTACHMENT A

INTERLOCAL AGREEMENT BETWEEN

PUBLIC SAFETY ANSWERING POINT

AND KING COUNTY

E911_ILA-between-PSAPandKC_2-20-20 Page 1 of 16 L&J Meeting Packet Page 37 March 2, 2021

INTERLOCAL AGREEMENT BETWEEN PUBLIC SAFETY ANSWERING POINT (PSAP) AND KING COUNTY

This Agreement (“Agreement”) No. ______is entered into between King County (“County”), and ______, a Public Safety Answering Point (“PSAP”). The County and the PSAP are each a “Party” and collectively the “Parties” to this Agreement. In consideration of the payments, covenants, and agreements set forth herein to be made and performed by the County and the PSAP, the Parties agree as follows.

RECITALS

A. The state of Washington emergency services communication system is a multicounty or county-wide communications network including an enhanced 9-1-1 (911) system, which provides rapid public access for coordinated dispatching of services, personnel, equipment, and facilities for police, fire, medical, or other emergency services. WAC 118-66-030 (22). The state of Washington 911 Network is a system of circuits, networks and/or equipment managed and maintained by the Washington state E-911 office to provide 911 communications from a 911 demarcation point to the PSAP demarcation point. WAC 118-66-030 (3). The PSAP demarcation point is where the 911 network accesses the PSAP’s equipment to receive and process 911 communications. WAC 118-66-030 (62), (18).

B. In accordance with RCW 38.52.510 (Statewide enhanced 911 service – Funding by counties), the County implements the countywide enhanced 911 (E-911) emergency communications system so E-911 is available throughout the state. King County must provide funding for the E-911 system in an amount equal to the amount the maximum tax under RCW 82.14B.030(1) would generate in the County less any applicable administrative fee charged by the Department of Revenue or the amount necessary to provide full funding of the E-911 system in the County.

C. King County E-911 Program Office uses the 911 excise tax revenue funds to pay for system network, components and equipment related to receipt of 911 calls from the State Emergency Services IP Network (ESInet) and delivery to the public safety answering points (PSAPs). In addition, funds are used to support other PSAP 911 costs for the delivery, receipt and processing of 911 calls at the PSAP.

D. The PSAP, together with other PSAPs, are the public’s direct link to the dispatchers of emergency services, and who thereby directly link police, fire and medical first responders to members of the public requesting aid, protection or rescue.

E. The County provides certain communication services to facilitate the E-911 System and in support of the PSAP and in providing such services, installs, operates and maintains systems at the PSAP, the costs of which the County is responsible.

F. The Parties desire that a portion of the funding described in paragraph B above continues to be provided to the PSAP for its provision of dispatch services consistent with state law.

G. The purpose of this Agreement is to describe the services to be provided by the County and the PSAP, and the rights and responsibilities of the Parties to each other.

1. DEFINITIONS

1.1 Attachment means any software or hardware added to the Call Processing System that is not provided by the original manufacturer or vendor.

1.2 Call means traditional telephony voice, text or any emerging next generation 911 technology.

E911_ILA-between-PSAPandKC_2-20-20 Page 2 of 16 L&J Meeting Packet Page 38 March 2, 2021

1.3 E-911 Program Office means the section of the Regional Services Division within the King County Department of Information Technology that administers E-911 service in King County.

1.4 E-911 System means a public communications system consisting of a network, database, and on-premises equipment that is accessed by dialing or accessing 911 and that enables reporting police, fire, medical, or other emergency situations to a public safety answering point.

1.5 National Emergency Number Association or NENA is a standard-setting body for 911 related technology and operations.

1.6 Next Generation 911 or NG911 means the transition of the E-911 System from analog to digital technology.

1.7 Public Safety Answering Point or PSAP as used in this Agreement refers to the Party to this Agreement that is the call answering location for 911 calls in a given area. The term is intended to incorporate any different term adopted by NENA and the Parties to describe the PSAP. In the context of this Agreement PSAP is also intended to include the Association of Public-Safety Communication Officials (APCO) term for an emergency communications center or ECC.

1.8 Regional Advisory Governing Board or RAGB is the governing board of the King County regional E-911 System established by Ordinance 18695 to inform and advise the King County E-911 Program Office, the King County Executive, and the King County Council on the King County regional E-911 System.

1.9 State means Washington State unless otherwise indicated.

1.10 Virtualize means the process of creating a software-based virtual version of something, including virtual computer hardware platforms, storage devices, and computer network resources.

2. CONFLICTS

2.1 Strategic Plan. In the event of a conflict between this Agreement and the King County E-911 Strategic Plan as amended (“Strategic Plan”), the Strategic Plan will control.

2.2 Laws and Regulations. In the event of a conflict between this Agreement and laws or regulations including but not limited to the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC), the law(s) or regulation(s) shall take precedence. All provisions of this Agreement shall be interpreted and enforced in a manner that fully complies with applicable law and regulations as they now exist or are hereafter amended.

3. TERM AND TERMINATION.

3.1 Term. This Agreement shall commence upon execution by the County and the PSAP. The Agreement shall include an initial term beginning on the effective date and running through December 31, 2023. The Agreement may be extended upon mutual agreement of the Parties for consecutive renewal terms of five years each, or as agreed to by the Parties as provided herein.

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3.2 Termination.

3.2.1 Convenience. This Agreement may be terminated by either Party without cause upon providing the other with twelve (12) months’ notice of the termination. If the Agreement is terminated pursuant to this section, the PSAP will be eligible for reimbursement of Eligible Expenditures up to the date of termination.

3.2.2 Default. If either Party fails to materially perform its obligations under this Agreement, the other Party may terminate the Agreement for default as follows:

3.2.2.1 A “notice to cure” shall be served on the defaulting Party by personal delivery or certified registered mail, return receipt requested. The defaulting Party shall have no more than one-hundred eighty (180) business days from the date of receipt to cure the default or to provide a detailed written plan for review and acceptance by the other Party. The detailed written plan shall be served by personal delivery or certified registered mail, return receipt requested.

3.2.2.2 If the defaulting Party has not cured the default or provided a detailed written plan to cure, or if the written plan to cure is not acceptable to the other Party, either Party may pursue dispute resolution under Section 8. Provided, however, that during a period of dispute resolution, the Parties will continue to fulfill their obligations under this Agreement.

3.2.2.3 If the default is not resolved at the conclusion of the dispute resolution process under Section 8, either Party may terminate the Agreement with thirty (30) business days’ notice.

4. ROLES, RESPONSIBLITIES, SERVICES AND STAFFING.

4.1 County. In addition to the County’s services required by state law and regulation, the County’s roles, responsibilities and services under this Agreement are as follows:

4.1.1 Unless and until the State provides network and service from telecommunication providers to the PSAP demarcation point, the County shall fund and provide this network and the following services:

4.1.1.1 Call and data delivery systems and equipment from the State 911 network to PSAP; Call handling equipment; E-911 telephone maps; aggregated location and GIS data; network and system security.

4.1.1.2 Operations and maintenance for network security, telephony equipment and databases; asset tracking; software licensing, updates, upgrades, fixes; vendor and PSAP coordination.

4.1.1.3 Project and vendor management project planning, budget and management; vendor delivery oversight and compliance.

4.1.1.4 System access and education social marketing strategies; education campaigns, events, training and materials; language interpretation services.

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4.1.1.5 Administration and finance program, vendor, and asset management; policies; staffing; data analysis; communications; budget; finance; strategic planning.

4.1.1.6 A standalone Uninterrupted Power Supply (UPS) system for protection of the E-911 System in the event the PSAP is unable to provide a building UPS system.

4.1.2 The County shall adopt policies and procedures following national, state and local standards and best practices to provide sufficient control and auditing mechanisms for the ongoing security of mission critical systems and operations necessary to protect PSAP-owned equipment and systems at or used by the County.

4.1.3 The County shall not allow County personnel to access the PSAP systems without permission from the PSAP.

4.1.4 The County shall not interact with the PSAP’s contractor(s) to request service which would create a financial obligation for the PSAP.

4.1.5 The County will provide the PSAP with prior notice of any service impacting maintenance as required by law or contract, or if no law or contract applies, then the notice shall be reasonable under the circumstances. In the event of emergent or unplanned outages, the County will provide notice to the PSAP as soon as reasonably possible.

4.1.6 The County will follow the Strategic Plan providing review and modification as needed.

4.1.7 In the event the County becomes aware of a cyber-security breach of the call answering system/s, the County will notify the PSAP as soon as required by law or contract, or if no law or contract applies, then as soon as reasonably possible.

4.2 PSAP. In addition to the PSAP’s services required by state law and regulation, the PSAP’s role, responsibilities and services under this Agreement (“PSAP Services”) are as follows:

4.2.1 Process calls for service received at the PSAP on County E-911 equipment.

4.2.2 Adhere to the call answer standards as defined by NENA 56-005. The E-911 Program Office will provide a common and consistent report for measuring the PSAP call answer standard on a monthly basis.

4.2.3 Provide such services to County-owned and operated projects, equipment and systems at the PSAP as may be requested by County and agreed to by the PSAP.

4.2.4 Upon reasonable notice by the County, provide access to its facilities for County personnel or approved contractor support staff for the purpose of E-911 System support, maintenance, updates installation or removal of E-911 hardware and software. The PSAP shall not be responsible for costs incurred by the County should access be denied due to lack of notice.

4.2.5 Adopt policies and procedures following national, state and local standards and best practices to provide sufficient control and auditing mechanisms for the ongoing security of mission critical systems and operations necessary to protect County- owned equipment and systems at or used by the PSAP.

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4.2.6 Provide secure facilities and space for E-911 equipment supporting the receipt and delivery of 911 calls and data.

4.2.7 Provide the County with verification and certification of the accuracy and completeness of street address data within its service areas.

4.2.7.1 PSAP shall be responsible for maintaining an up-to-date definition of its service area and for verifying the accuracy of street address data and/or responding agency information when requested by the County.

4.2.7.2 PSAP shall provide the County any and all identified Automatic Location Identification (ALI) discrepancy reports within 24 hours of creation of the report.

4.2.7.3 Once the PSAP becomes aware of any annexations or incorporations within its service area, it shall, within ten (10) calendar days, provide the County with notice to allow sufficient time for the County and the vendor to process the changes prior to the effective date of the annexation or incorporation.

4.2.8 Be responsible for billable charges the County incurs due to PSAP initiated events for:

4.2.8.1 Unique system configuration requirement changes.

4.2.8.2 E-911 System and/or equipment moves due to facility remodel/renovation/cleaning.

4.2.8.3 E-911 System power up/down due to PSAP facility or infrastructure test or changes.

4.2.8.4 E-911 System relocation.

4.2.9 The PSAP shall not:

4.2.9.1 Allow PSAP personnel access to the E-911 System without permission from the County, which permission may be granted on an ongoing basis.

4.2.9.2 Create a financial obligation with the County’s contractor(s) without the County’s agreement and/or authorization.

4.2.9.3 Interact with the County’s contractor(s) to request service in which a County financial obligation is created.

4.2.9.4 Add any Attachments to the E-911 System provided by the County.

4.2.10 In the event the PSAP becomes aware of a cyber-security breach of any system that could affect the call answering system/s, the PSAP will notify the County as required by law or contract, or if no law or contract applies, then as soon as reasonably possible.

4.2.11 The PSAP will provide the County with prior notice of any service impacting maintenance as required by law or contract, or if no law or contract applies, then the notice shall be reasonable under the circumstances. In the event of emergent or unplanned outages, the PSAP will provide notice as soon as reasonably possible. E911_ILA-between-PSAPandKC_2-20-20 Page 6 of 16 L&J Meeting Packet Page 42 March 2, 2021

5. FUNDING POLICY

5.1 The funding policy set forth in Sections 5.4 through 5.12 of this Agreement shall apply through 2020. For 2021 and later years, the policy will be replaced by a comprehensive funding policy to be adopted by the Parties no later than December 31, 2020. Upon its adoption by the Parties, the comprehensive funding policy will be incorporated into this Agreement.

5.2 In adopting the comprehensive funding policy for 2021 and beyond, the Parties shall consider the core services of the E-911 Program Office as described in the Strategic Plan for the 911 System and the needs of the individual PSAPs for specific assistance and also shall consider the input and recommendations of RAGB. The Priorities for use of available 911 excise tax funds shall be consistent with RCW 38.52.545 as follows:

5.2.1 Assure 911 dialing and E-911 access is operational and countywide;

5.2.2 Assist PSAPs in achieving a basic service level for E-911 operations; and

5.2.3 Assist the County in acquiring mutually approved capital investments appropriate to modernize E-911 Systems and increase E-911 effectiveness.

5.3 Should the Parties fail to adopt a comprehensive funding policy by December 31, 2020, the dispute resolution process in the Strategic Plan shall be applied to the specific areas of disagreement in the proposed comprehensive funding policy. The previous year’s distribution formula will remain in effect during the dispute resolution process.

5.4 PSAP Financial Support. For PSAP Services under this Agreement, the County shall: (1) pay into the ______Escrow Fund (defined in Section 5.6) $______for calendar year 2020 and (2) reimburse the PSAP from the ______Escrow Fund for all Eligible Expenditures (defined in Section 5.5) on a calendar quarter or annual basis as provided below.

5.5 Eligible Expenditures. Reimbursement will be made, contingent upon available E-911 Program Office funds, only for certain items identified in RCW 38.52.545, WAC 118-66-050, King County Code and policies, and as defined by the E-911 Program Office.

5.5.1 Contingent upon available funds, the following items may be reimbursed with 911 excise tax revenue received by the County:

5.5.1.1 Basic Service Operating Expenses

a. Information technology (IT) staff salaries (E-911 Program Office funded positions) and benefits;

b. Call receiver salaries and benefits;

c. 911 IT staff training;

d. Call receiver training;

e. Ancillary equipment (e.g. headsets, headset batteries, etc.);

f. Console and equipment cleaning; and

g. Mileage reimbursements.

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5.5.1.2 Equipment Expenses

a. CAD Hardware;

b. CAD Software;

c. Logging recorder equipment hardware;

d. House UPS system;

e. Generator; and

f. Security equipment to support physical security requirements of E-911 equipment rooms or containers to meet State and County security standards.

5.5.1.3 Other service and equipment expenses not listed herein that are allowed for reimbursement in the King County E-911 Program Office PSAP Funding Eligibility and Process Policy, or any addenda to the policy.

5.5.2 Exceptions. Items not listed in Sections 5.5.1 must go through an approval process with RAGB, the E-911 Program Office and the King County Prosecuting Attorney’s Office, if necessary, prior to reimbursement. The exception request must be submitted by the PSAP with the reimbursement request. All exception requests must be submitted to the E-911 Program Office for the RAGB third quarterly meeting for review.

5.5.2.1 The following items are not eligible for reimbursement with Escrow Funds:

a. Furniture, appliances, janitorial equipment/services and repair tools;

b. Facility build, remodel, facility maintenance and utility costs;

c. Non-911 telephone systems and phone lines for administrative staff and non-911 lines that do not present through a 911 telephony system;

d. Vehicles and staff transport;

e. Computer equipment not used to answer or process 911 calls;

f. Purchase, maintenance, or replacement of radio systems and equipment;

g. Insurance (except what is eligible for employee benefits);

h. Legal fees;

i. Data storage device or service beyond retention requirements as defined in RCW 70.320.070 and Washington State Archive Schedule for Emergency Communications (911) Records; and

j. Costs for administrative staff, their equipment and functions.

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5.6 Escrow Fund. The County shall maintain a single escrow fund for distributing all PSAP Funds to the PSAP (the “______Escrow Fund”). The Parties hereto acknowledge and agree that they owe each other a fiduciary duty with respect to the funding, administration and expenditures related to the ______Escrow Fund as well as all aspects of this Agreement.

5.7 Distributions.

5.7.1 Distributions from the ______Escrow Fund will be made based on 911 calls on a two-year rolling average. The two previous full years’ data will be used to calculate the average (e.g. for year 2020, call data from 2018 and 2019 will be averaged). The total number of 911 calls per PSAP will be totaled and the percentage of calls per PSAP will be calculated. That percentage will then be applied to the E-911 Program Office annual budgeted distribution amount.

5.7.2 The distribution formula will be revisited with RAGB biannually to ensure its relevance with current market usage trends and policies.

5.8 Escrow Account Rollovers.

5.8.1 PSAP may roll escrow funds from year-to-year and must complete and submit an Annual Justification Form by February 15th of each year to explain how the funding is intended to be used and provide a timeline. The PSAP is required to submit the form only if it is rolling over the equivalent of a minimum of 25% of their annual allocation in the escrow account (e.g. annual allocation of $100,000, then rollover threshold for the form is at least $25,000). The effect on future reimbursements resulting from PSAP’s failure to timely submit an Annual Justification Form shall be addressed in the comprehensive funding plan to be adopted under Section 5.

5.8.2 Rollover PSAP Funds are subject to Section 5.5 and shall be held in trust by County for the PSAP. The County will provide an annual update with opportunity for revisions and status updates will be provided to PSAP by July 25th of each year.

5.9 Reimbursement Period. Only Eligible Expenditures incurred and requested for reimbursement within the rolling previous fourteen (14) calendar months may be reimbursed from the ______Escrow Fund. Example: An Eligible Expenditure incurred in September 2018 must be requested for reimbursement by end of November 2019. There will not be any exceptions to reimbursement dates and expenditure timeframes unless delayed as the result of an emergency declared by state or local government or as otherwise agreed to by the Parties in writing.

5.10 Vendor payments. PSAP must purchase and pay for items before requesting reimbursement. The County will not pay merchants or vendors directly.

5.11 Forms. PSAP must use one escrow reimbursement form per quarter (or year) to submit all Eligible Expenditures for reimbursement, including warrant numbers, warrant dates, item description, purchase date, justification and any related approval documents, including back up materials and receipts.

5.12 Schedule. There will not be a penalty if PSAP misses a quarterly submission date or prefers to submit for reimbursements annually.

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Submission Quarter Deadline Review & Questions Approval Deadline Q1: Expenditures from April 25 April 25 – May 15 May 15 January 1 – March 31 Q2: Expenditures from July 25 July 25 – August 15 August 15 April 1 – June 30 Q3: Expenditures from October 25 Oct. 25 – Nov. 15 November 15 July 1 – September 30 Q4: Expenditures from February 15 Feb. 15 – March 1 March 1 Oct 1 – Dec 31 Annual: Expenditures February 15 Feb. 15 – March 1 March 1 from Jan 1 – Dec 31

6. LEGAL RELATIONS; INDEMNITY AND INSURANCE.

6.1 Independent Status and No Third-Party Beneficiaries.

6.1.1 In the performance of this Agreement, the County and the PSAP act in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The PSAP is responsible for all federal and/or state tax, industrial insurance, wages, benefits, or other compensation by or on behalf of the PSAP and its employees. The County is responsible for all federal and/or state tax, industrial insurance, wages, benefits, or other compensation by or on behalf of the County and its employees.

6.1.2 It is understood and agreed that this Agreement is solely for the benefit of the Parties and gives no right to any other person or entity.

6.2 Indemnification and Hold Harmless.

6.2.1 To the maximum extent permitted by law and except to the extent caused by the negligence of the County or the County’s employees, agents, or contractors, the PSAP shall indemnify and hold harmless the County, its officers, officials, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or incident to negligent acts or omissions of the PSAP, its employees, agents, or contractors. In addition, the PSAP shall assume the defense of the County and its officers and employees in all legal or claim proceedings arising out of, in connection with, or incidental to such goods and/or Services; shall pay all defense expenses, including reasonable attorney’s fees, expert fees and costs incurred by the County on account of such litigation or claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the PSAP'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 Agreement. In the event the County incurs any judgment, award and/or cost including attorney’s fees arising from the provisions of this section or to enforce the provisions of this

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section, any such judgment, award, fees, expenses and costs shall be recoverable from the PSAP. In the event of litigation between the County and the PSAP to enforce the rights under this section, reasonable attorney fees shall be allowed to the substantially prevailing party. 6.2.2 To the maximum extent permitted by law and except to the extent caused by the negligence of the PSAP or the PSAP’s employees, agents or contractors, the County shall indemnify and hold harmless the PSAP, its officers, officials, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or incident to negligent acts or omissions of the County, its employees, agents or contractors. In addition, the County shall assume the defense of the PSAP and its officers and employees in all legal or claim proceedings arising out of, in connection with, or incidental to such goods and/or Services: shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the PSAP on account of such litigation or claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the County'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 Agreement. In the event the PSAP incurs any judgment, award and/or cost including attorney’s fees arising from the provisions of this section, or to enforce the provisions of this section, any such judgment, award, fees, expenses and costs shall be recoverable from the County. In the event of litigation between the PSAP and the County to enforce the rights under this section, reasonable attorney fees shall be allowed to the substantially prevailing party.

6.3 Insurance Requirements.

6.3.1 Each Party shall obtain and maintain the minimum insurance set forth below, either through contracts of insurance or a fully funded self-insurance program for all of its liability exposures for this Agreement, including but not limited to injuries to persons and damage to property. Each Party agrees to provide the other party with: (i) at least thirty (30) days prior written notice of any material change in its insurance program; and (ii) a certificate of insurance and additional insured endorsements, or, if self-insured, a letter of self-insurance as adequate proof of coverage on or prior to the commencement of Term and at any time during the Term of this Agreement upon receipt of other Party’s written request.

6.3.2 Minimum Scope and Limits of Insurance

Each Party shall maintain the following insurance coverage and limits no less than:

6.3.2.1 General Liability: $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $10,000,000 aggregate limit. CG 00 01 current edition, or its substantive equivalent, including coverage for, but not limited to, Premises/Ongoing Operations, Contractual Liability, Products and Completed Operations. Such limits may be satisfied with the use of an umbrella or excess liability policy, which is at least as broad as the underlying policy.

6.3.2.2 Professional Liability, Errors and Omissions Coverage: In the event that services pursuant to this Agreement either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions

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coverage shall be Provided with minimum limits of $10,000,000 per claim and in the aggregate.

6.3.2.3 Workers’ Compensation: Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Work by applicable federal or “Other States” State Law.

6.3.2.4 Employers Liability or “Stop Gap”: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation Policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the General Liability policy.

6.3.2.5 Cyber Liability or Technology Errors and Omissions: Coverage with a minimum limit of $5,000,000 per occurrence or claim and in the aggregate. Coverage shall include loss resulting from data security/privacy breach, cyber extortion, unauthorized access, denial of service attacks, introduction of virus and malicious code, dissemination or destruction of electronic data, business interruptions, privacy law violations. Coverage shall include notification and other expenses incurred in remedying a privacy breach as well as costs to investigate and restore data. If the PSAP is a member of the Washington Cities Insurance Authority risk pool, the following language shall apply: Notwithstanding the Cyber Liability insurance requirements described above, Cyber Liability sublimits and deductibles required by the Washington Cities Insurance Authority risk pool shall be acceptable in meeting such limits required for this coverage.

6.3.2.6 Other Insurance Provisions

The insurance policies required in this Agreement are to contain, or be endorsed to contain the following provisions:

a. Liability Policies (except Workers’ Compensation and Professional Liability): i. The County, its officers, officials, employees and agents are to be covered as additional insureds, for full policy limits, as respects liability arising out of activities performed by or on behalf of the PSAP in connection with this Agreement. (CG 20 10 current edition or its substantive equivalent).

ii. To the extent of the PSAP’s negligence, PSAP’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self- insurance maintained by the County, its officers, officials, employees or agents shall not contribute with the insurance or benefit PSAP in any way.

iii. PSAP’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.

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6.3.3 Deductibles and Self-Insured Retentions. Any deductibles and/or self-insured retentions of a Party shall not limit or apply to a Party’s liability to the other Party.

6.3.4 Workers’ Compensation and Work Site Safety. Each Party shall provide insurance as required by the Industrial Insurance Act of the State of Washington. Each Party shall bear the sole responsibility for its job site conditions and job site safety, and for a Party’s work at the other Party’s job site and locations. Each Party shall comply with all applicable federal, state and local safety regulations governing a job site, employees and Subcontractors. Each Party shall be responsible for its Subcontractor’s compliance with these provisions.

7. RECORDS AND AUDITS.

7.1 Retention of Records, Audit Access and Proof of Compliance with Agreement.

7.1.1 Retention of Records. Each Party shall maintain books, records and documents of its performance under this Agreement in accordance with generally accepted accounting principles and applicable law including RCW 40.14.060 and the relevant records retention schedules adopted thereunder (Washington State Local Government Common Records Retention Schedule (CORE) and the Emergency Communications (911) Records Retention Schedule).

7.1.2 Audit Access. The PSAP shall provide access to its facilities, including those of any Subcontractors the state and/or federal agencies or officials at all reasonable times to monitor and evaluate the use of E-911 excise taxes provided under this Agreement. If the County is required to pay the state for any reimbursements that an audit finds the PSAP did not spend in compliance with Section 5.5, the PSAP shall be responsible for reimbursing the County for the full amount the County was required to pay the state.

7.1.3 County Audit. Following a state audit of the King County E-911, RAGB members will be invited to review the auditor’s Summary of Findings with the County.

7.2 Public Records Requests.

7.2.1 This Agreement is a public document and will be available for inspection and copying in accordance with the Public Records Act, chapter 42.56 RCW (“PRA”).

7.2.2 Each Party shall be responsible for responding to public disclosure requests addressed to it in accordance with the PRA. Nothing in this Agreement waives any rights or privileges of a Party under the PRA, including the withholding of records when authorized by the PRA or other law.

7.3 Data Management. The County is solely responsible for the security, integrity and completeness of all call data or other data it receives from the State 911 network or other sources, and for transferring same to the Call Answering Equipment. The PSAP is not responsible for the security, integrity or accuracy of any data prior to it reaching the PSAP Call Answering Equipment. The County shall not be responsible for call data and other data not directly processed, transmitted, or provided by the County.

7.4 Data Ownership. PSAP acknowledges it has no property interest in and may assert no lien on or right to withhold from the County, any data it receives from, receives addressed to, or stores on behalf of the County. All records, data and files stored by the PSAP as archives of the County’s data, including the media on which they are stored, are the exclusive property

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of the County, and PSAP may assert no lien on or right to any of the same. The PSAP will conspicuously mark all such archival storage media as King County’s property whenever possible. Once the call record data is delivered from the Call Processing Equipment to the PSAP systems, the ownership and responsibility for said data transfers to the PSAP.

7.5 Nondisclosure of Data. Data provided by the County either before or after this Agreement is fully executed shall only be used for its intended purpose.

8. DISPUTES.

8.1 Dispute Resolution. If a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the dispute through direct negotiations between them. If the Parties are unable to resolve the dispute within sixty (60) days of its occurrence, either Party may refer the dispute to the executive director of the PSAP (or equivalent officer if the PSAP does not have an executive director) and the director of the E-911 Program Office with notice to the other Party. If the dispute is not resolved by the executive director and the E-911 Program Office director within sixty (60) days of referral, either Party may refer any dispute within the purview of the Strategic Plan to the decision making and dispute resolution process under the Strategic Plan. If the dispute resolution process under the Strategic Plan does not resolve the dispute to the Parties’ satisfaction, and for each dispute outside the purview of the Strategic Plan, either Party may refer the dispute to non-binding mediation. Referral of the dispute to the executive officer and E-911 Program Office director, to the decision making and dispute resolution process under the Strategic Plan (as applicable), and to mediation shall be conditions precedent to a Party’s pursuit of other available legal remedies.

8.2 Continued Performance. At all times during periods of dispute resolution under this Agreement, the PSAP and the County will proceed diligently with the performance of this Agreement unless otherwise provided by law or court order.

8.3 Applicable Law and Forum. This Agreement shall be governed by and construed according to the laws of the State of Washington. Any claim or suit between the County and the PSAP arising out of this Agreement may only be filed and prosecuted in King County Superior Court.

9. NOTICE.

Unless otherwise specified in this Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in writing and shall be deemed duly given when received at the addresses first set forth below via certified or registered first class mail, return receipt requested, personal delivery or electronic mail. Either Party may give written notice of another or different person or office to receive notice under this Agreement.

KING COUNTY PSAP Department of Information Technology Executive Director E-911 Program Office Ben Breier 20811 84th Ave South, Suite 105 Kent, WA. 98032 206.477.4911 [email protected] AND

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[email protected]

10. AMENDMENT. All changes to this Agreement shall be made in writing through an Amendment, signed by the King County Executive and the executive director of the PSAP (or equivalent officer if the PSAP does not have an executive director), or their designees. No oral statement or other conduct by either Party shall change or modify the Agreement. New federal and state laws, regulations, policies and administrative practices may be established after the date this Agreement and may apply to this Agreement. To achieve compliance with changing requirements, the Parties agree to accept all changed requirements that apply to this Agreement. Changed requirements shall be implemented through this Section.

11. FORCE MAJEURE. The term “force majeure” shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shut-downs for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Agreement. If any Party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to the other Party, such obligation or condition shall be suspended only for the time and to the extent practicable to restore operations. The Parties acknowledge the E-911 System is a significant priority during periods of force majeure and shall attempt to restore operations as soon as practicable.

12. GENERAL.

12.1 Successors and Assigns. This Agreement is binding on the successors and assignees of the Parties, including but not limited to such successors and assignees as are necessary for the PSAP, at its election, to participate in consolidation, regionalization and/or sharing services, or the adding of fire, police or medical agencies to be served on the PSAP. For purposes of this Section 12.1, consolidation, regionalization or resource sharing includes two or more PSAPs combining some or all operations and services to form a new PSAP or one or more PSAPs merging or sharing some or all operations and services with an existing PSAP including another PSAP that has entered into an agreement with the County similar to this Agreement. If the PSAP elects to consolidate, regionalize, Virtualize or share resources or services in partnership with another PSAP under agreement with the County, the PSAPs’ agreements will be modified to the degree necessary to achieve their overall purpose and terms. The PSAP shall notify the County in writing of a planned consolidation, regionalization, resource change or other change in status not less than one hundred twenty (120) days prior to the effective date of such consolidation or change in status.

12.2 Compliance with Laws. During the term of this Agreement, the Parties 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 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.

12.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision.

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12.4 Non-Waiver of Breach. No action or failure to act by a Party shall constitute a waiver of any right or duty afforded to the other Party under the Agreement; nor shall any such action or failure to act by a Party constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the Party in writing.

12.5 Complete Agreement. The Agreement constitutes the entire agreement and understanding between the Parties and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.

13. ACKNOWLEDGEMENT, EXECUTION AND AUTHORITY.

13.1 Each Party acknowledges that it consulted with its respective attorneys who had the opportunity to review this Agreement. Therefore, the Parties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement.

13.2 Each Party’s representative executing this Agreement represents and warrants that the representative has the authority to sign and bind the Party to this Agreement.

PSAP KING COUNTY

Authorized Signature Authorized Signature

Name and Title (Print or Type) Name and Title (Print or Type)

Date Date Accepted: Accepted:

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February 11, 2021 1 Revised ATT A

Sponsor: Zahilay [N. Bowman] Proposed No.: 2020-0170

1 AMENDMENT TO PROPOSED ORDINANCE 2020-0170, VERSION 1

2 Strike Attachment A, Interlocal Agreement between Public Safety Answering Point and

3 King County, and insert Attachment A, Interlocal Agreement between Public Safety

4 Answering Point and King County version date February 11, 2021

5 EFFECT: Deletes the transmitted Attachment A, an ILA template between the County

6 and each of the PSAPs, and replaces it with a new Attachment A, which is a revised

7 ILA template that:

8 1. Makes technical and language consistency-related changes to the ILA;

9 2. Replaces “Section 5: Funding Policy,” with a revised Section 5 that reflects the

10 parties' current approach to the agreed funding policy; and

11 3. Adds a new Exhibit A to the ILA, which is incorporated by reference in Section

12 5 into the ILA, that sets out in more detail the funding process.

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ATTACHMENT A

INTERLOCAL AGREEMENT BETWEEN

PUBLIC SAFETY ANSWERING POINT

AND KING COUNTY

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INTERLOCAL AGREEMENT BETWEEN PUBLIC SAFETY ANSWERING POINT (PSAP) AND KING COUNTY

This Agreement (“Agreement”) No. ______is entered into between King County (“County”), and ______, a Public Safety Answering Point (“PSAP”). The County and the PSAP are each a “Party” and collectively the “Parties” to this Agreement. In consideration of the payments, covenants, and agreements set forth herein to be made and performed by the County and the PSAP, the Parties agree as follows.

RECITALS

A. The state of Washington emergency services communication system is a multicounty or county-wide communications network including an enhanced 9-1-1 (911) system, which provides rapid public access for coordinated dispatching of services, personnel, equipment, and facilities for police, fire, medical, or other emergency services. WAC 118-66-030 (22). The state of Washington 911 Network is a system of circuits, networks and/or equipment managed and maintained by the Washington state E-911 office to provide 911 communications from a 911 demarcation point to the PSAP demarcation point. WAC 118-66-030 (3). The PSAP demarcation point is where the 911 network accesses the PSAP’s equipment to receive and process 911 communications. WAC 118-66-030 (62), (18).

B. In accordance with RCW 38.52.510 (Statewide enhanced 911 service – Funding by counties), the County implements the countywide enhanced 911 (E-911) emergency communications system so E-911 is available throughout the state. King County must provide funding for the E-911 system in an amount equal to the amount the maximum tax under RCW 82.14B.030(1) would generate in the County less any applicable administrative fee charged by the Department of Revenue or the amount necessary to provide full funding of the E-911 system in the County.

C. King County E-911 Program Office uses the 911 excise tax revenue funds to pay for system network, components and equipment related to receipt of 911 calls from the State Emergency Services IP Network (ESInet) and delivery to the public safety answering points (PSAPs). In addition, funds are used to support other PSAP 911 costs for the delivery, receipt and processing of 911 calls at the PSAP.

D. The PSAP, together with other PSAPs, are the public’s direct link to the dispatchers of emergency services, and who thereby directly link police, fire and medical first responders to members of the public requesting aid, protection or rescue.

E. The County provides certain communication services to facilitate the E-911 System and in support of the PSAP and in providing such services, installs, operates and maintains systems at the PSAP, the costs of which the County is responsible.

F. The Parties desire that a portion of the funding described in paragraph B above continues to be provided to the PSAP for its provision of dispatch services consistent with state law.

G. The purpose of this Agreement is to describe the services to be provided by the County and the PSAP, and the rights and responsibilities of the Parties to each other.

DEFINITIONS

1.1 Attachment means any software or hardware added to the Call Processing System that is not provided by the original manufacturer or vendor.

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1.2 Call means traditional telephony voice, text or any emerging next generation 911 technology.

1.3 E-911 Program Office means the section of the Regional Services Division within the King County Department of Information Technology that administers E-911 service in King County.

1.4 E-911 System means a public communications system consisting of a network, database, and on-premises equipment that is accessed by dialing or accessing 911 and that enables reporting police, fire, medical, or other emergency situations to a public safety answering point.

1.5 National Emergency Number Association or NENA is a standard-setting body for 911 related technology and operations.

1.6 Next Generation 911 or NG911 means the transition of the E-911 System from analog to digital technology.

1.7 Public Safety Answering Point or PSAP as used in this Agreement refers to the Party to this Agreement that is the call answering location for 911 calls in a given area. The term is intended to incorporate any different term adopted by NENA and the Parties to describe the PSAP. In the context of this Agreement PSAP is also intended to include the Association of Public-Safety Communication Officials (APCO) term for an emergency communications center or ECC.

1.8 Regional Advisory Governing Board or RAGB is the governing board of the King County regional E-911 System established by Ordinance 18695 to inform and advise the King County E-911 Program Office, the King County Executive, and the King County Council on the King County regional E-911 System.

1.9 State means Washington State unless otherwise indicated.

1.10 Virtualize means the process of creating a software-based virtual version of something, including virtual computer hardware platforms, storage devices, and computer network resources.

2. CONFLICTS

2.1 Strategic Plan. In the event of a conflict between this Agreement and the King County E-911 Strategic Plan as amended (“Strategic Plan”), the Strategic Plan will control.

2.2 Laws and Regulations. In the event of a conflict between this Agreement and laws or regulations including but not limited to the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC), the law(s) or regulation(s) shall take precedence. All provisions of this Agreement shall be interpreted and enforced in a manner that fully complies with applicable law and regulations as they now exist or are hereafter amended.

3. TERM AND TERMINATION.

3.1 Term. This Agreement shall commence upon execution by the County and the PSAP. The Agreement shall include an initial term beginning on the effective date and running through December 31, 2023. The Agreement may be extended upon mutual agreement of the Parties

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for consecutive renewal terms of five years each, or as agreed to by the Parties as provided herein.

3.2 Termination.

3.2.1 Convenience. This Agreement may be terminated by either Party without cause upon providing the other with twelve (12) months’ notice of the termination. If the Agreement is terminated pursuant to this section, the PSAP will be eligible for reimbursement of Eligible Expenditures up to the date of termination.

3.2.2 Default. If either Party fails to materially perform its obligations under this Agreement, the other Party may terminate the Agreement for default as follows:

3.2.2.1 A “notice to cure” shall be served on the defaulting Party by personal delivery or certified registered mail, return receipt requested. The defaulting Party shall have no more than one-hundred eighty (180) business days from the date of receipt to cure the default or to provide a detailed written plan for review and acceptance by the other Party. The detailed written plan shall be served by personal delivery or certified registered mail, return receipt requested.

3.2.2.2 If the defaulting Party has not cured the default or provided a detailed written plan to cure, or if the written plan to cure is not acceptable to the other Party, either Party may pursue dispute resolution under Section 8. Provided, however, that during a period of dispute resolution, the Parties will continue to fulfill their obligations under this Agreement.

3.2.2.3 If the default is not resolved at the conclusion of the dispute resolution process under Section 8, either Party may terminate the Agreement with thirty (30) business days’ notice.

4. ROLES, RESPONSIBLITIES, SERVICES AND STAFFING.

4.1 County. In addition to the County’s services required by state law and regulation, the County’s roles, responsibilities and services under this Agreement are as follows:

4.1.1 Unless and until the State provides network and service from telecommunication providers to the PSAP demarcation point, the County shall fund and provide this network and the following services:

4.1.1.1 Call and data delivery systems and equipment to connect the State 911 network to PSAP; Call handling equipment; E-911 telephone maps; aggregated location and GIS data; network and system security.

4.1.1.2 Operations and maintenance for network security, telephony equipment and databases; asset tracking; software licensing, updates, upgrades, fixes; vendor and PSAP coordination.

4.1.1.3 Project and vendor management project planning, budget and management; vendor delivery oversight and compliance.

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4.1.1.4 System access and social marketing strategies; education campaigns, events, training and materials; language interpretation services.

4.1.1.5 Administration and finance program, vendor, and asset management; policies; staffing; data analysis; communications; budget; finance; strategic planning.

4.1.1.6 A standalone Uninterrupted Power Supply (UPS) system for protection of the E-911 System in the event the PSAP is unable to provide a building UPS system.

4.1.2 The County shall adopt policies and procedures following national, state and local standards and best practices to provide sufficient control and auditing mechanisms for the ongoing security of mission critical systems and operations necessary to protect PSAP-owned equipment and systems at or used by the County.

4.1.3 The County shall not allow County personnel to access the PSAP systems without permission from the PSAP.

4.1.4 The County shall not interact with the PSAP’s contractor(s) to request service which would create a financial obligation for the PSAP.

4.1.5 The County will provide the PSAP with prior notice of any service impacting maintenance as required by law or contract, or if no law or contract applies, then the notice shall be reasonable under the circumstances. In the event of emergent or unplanned outages, the County will provide notice to the PSAP as soon as reasonably possible.

4.1.6 The County will follow the Strategic Plan providing review and modification of the Strategic Plan as needed.

4.1.7 In the event the County becomes aware of a cyber-security breach of the call answering system/s, the County will notify the PSAP as soon as required by law or contract, or if no law or contract applies, then as soon as reasonably possible.

4.2 PSAP. In addition to the PSAP’s services required by state law and regulation, the PSAP’s role, responsibilities and services under this Agreement (“PSAP Services”) are as follows:

4.2.1 Process calls for service received at the PSAP on County E-911 equipment.

4.2.2 Adhere to the call answer standards as defined by NENA 56-005. The E-911 Program Office will provide a common and consistent report for measuring the PSAP call answer standard on a monthly basis.

4.2.3 Provide such services to County-owned and operated projects, equipment and systems at the PSAP as may be requested by County and agreed to by the PSAP.

4.2.4 Upon reasonable notice by the County, provide access to its facilities for County personnel or approved contractor support staff for the purpose of E-911 System support, maintenance, updates installation or removal of E-911 hardware and software. The PSAP shall not be responsible for costs incurred by the County should access be denied due to lack of notice.

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4.2.5 Adopt policies and procedures following national, state and local standards and best practices to provide sufficient control and auditing mechanisms for the ongoing security of mission critical systems and operations necessary to protect County- owned equipment and systems at or used by the PSAP.

4.2.6 Provide secure facilities and space for E-911 equipment supporting the receipt and delivery of 911 calls and data.

4.2.7 Provide the County with verification and certification of the accuracy and completeness of street address data within its service areas.

4.2.7.1 PSAP shall be responsible for maintaining an up-to-date definition of its service area and for verifying the accuracy of street address data and/or responding agency information when requested by the County.

4.2.7.2 PSAP shall provide the County any and all identified Automatic Location Identification (ALI) discrepancy reports within 24 hours of creation of the report.

4.2.7.3 Once the PSAP becomes aware of any annexations or incorporations within its service area, it shall, within ten (10) calendar days, provide the County with notice to allow sufficient time for the County and the vendor to process the changes prior to the effective date of the annexation or incorporation.

4.2.8 Be responsible for billable charges the County incurs due to PSAP initiated events for:

4.2.8.1 Unique system configuration requirement changes.

4.2.8.2 E-911 System and/or equipment moves due to facility remodel/renovation/cleaning.

4.2.8.3 E-911 System power up/down due to PSAP facility or infrastructure test or changes.

4.2.8.4 E-911 System relocation.

4.2.9 The PSAP shall not:

4.2.9.1 Allow PSAP personnel access to the E-911 System without permission from the County, which permission may be granted on an ongoing basis.

4.2.9.2 Create a financial obligation with the County’s contractor(s) without the County’s agreement and/or authorization.

4.2.9.3 Interact with the County’s contractor(s) to request service in which a County financial obligation is created.

4.2.9.4 Add any Attachments to the E-911 System provided by the County.

4.2.10 In the event the PSAP becomes aware of a cyber-security breach of any system that could affect the call answering system/s, the PSAP will notify the County as required

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by law or contract, or if no law or contract applies, then as soon as reasonably possible.

4.2.11 The PSAP will provide the County with prior notice of any service impacting maintenance as required by law or contract, or if no law or contract applies, then the notice shall be reasonable under the circumstances. In the event of emergent or unplanned outages, the PSAP will provide notice as soon as reasonably possible.

5. FUNDING POLICY

5.1 Funding Policy. The Funding Policy attached to this Agreement as Exhibit A is incorporated into this Agreement and is directed by the Strategic Plan - 10 Year Sustainable Financial Plan section f. The Funding Policy establishes procedures and guidance for the King County E-911 Program Office and the PSAP for the following:

5.1.1 The Program Office disbursement of excise tax revenue through an established escrow account to reimburse the PSAP for basic service operating expenses, equipment and staff support expenses identified in RCW 38.52.545, WAC 118-66- 050, and WAC 118-66-060; and

5.1.2 PSAP use of excise tax revenue to support the costs of equipment, operational, technical, and staffing needs related to answering and handling of 911 calls.

5.2 Funding Policy Review and Amendment. In conjunction with RAGB, the Funding Policy will be reviewed and/or modified annually following the King County biennial budget calendar timeline. Amendments to the Funding Policy shall be incorporated into this Agreement by amendment of Exhibit A as provided in Section 10.

6. LEGAL RELATIONS; INDEMNITY AND INSURANCE.

6.1 Independent Status and No Third-Party Beneficiaries.

6.1.1 In the performance of this Agreement, the County and the PSAP act in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The PSAP is responsible for all federal and/or state tax, industrial insurance, wages, benefits, or other compensation by or on behalf of the PSAP and its employees. The County is responsible for all federal and/or state tax, industrial insurance, wages, benefits, or other compensation by or on behalf of the County and its employees.

6.1.2 It is understood and agreed that this Agreement is solely for the benefit of the Parties and gives no right to any other person or entity.

6.2 Indemnification and Hold Harmless.

6.2.1 To the maximum extent permitted by law and except to the extent caused by the negligence of the County or the County’s employees, agents, or contractors, the PSAP shall indemnify and hold harmless the County, its officers, officials, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or incident to negligent acts or omissions of the PSAP, its employees, agents, or contractors. In addition, the PSAP shall assume the defense of the County and its E911_ILA-between-PSAPandKC version date 02/11/21 Page 7 of 19 L&J Meeting Packet Page 60 March 2, 2021

officers and employees in all legal or claim proceedings arising out of, in connection with, or incidental to this Agreement; shall pay all defense expenses, including reasonable attorney’s fees, expert fees and costs incurred by the County on account of such litigation or claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the PSAP'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 Agreement. In the event the County incurs any judgment, award and/or cost including attorney’s fees arising from the provisions of this section or to enforce the provisions of this section, any such judgment, award, fees, expenses and costs shall be recoverable from the PSAP. In the event of litigation between the County and the PSAP to enforce the rights under this section, reasonable attorney fees shall be allowed to the substantially prevailing Party. 6.2.2 To the maximum extent permitted by law and except to the extent caused by the negligence of the PSAP or the PSAP’s employees, agents or contractors, the County shall indemnify and hold harmless the PSAP, its officers, officials, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or incident to negligent acts or omissions of the County, its employees, agents or contractors. In addition, the County shall assume the defense of the PSAP and its officers and employees in all legal or claim proceedings arising out of, in connection with, or incidental to this Agreement; shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the PSAP on account of such litigation or claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the County'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 Agreement. In the event the PSAP incurs any judgment, award and/or cost including attorney’s fees arising from the provisions of this section, or to enforce the provisions of this section, any such judgment, award, fees, expenses and costs shall be recoverable from the County. In the event of litigation between the PSAP and the County to enforce the rights under this section, reasonable attorney fees shall be allowed to the substantially prevailing party.

6.3 Insurance Requirements.

6.3.1 Each Party shall obtain and maintain the minimum insurance set forth below, either through contracts of insurance or a fully funded self-insurance program for all of its liability exposures for this Agreement, including but not limited to injuries to persons and damage to property. Each Party agrees to provide the other Party with: (i) at least thirty (30) days prior written notice of any material change in its insurance program; and (ii) a certificate of insurance and additional insured endorsements, or, if self-insured, a letter of self-insurance as adequate proof of coverage on or prior to the commencement of Term and at any time during the Term of this Agreement upon receipt of other Party’s written request.

6.3.2 Minimum Scope and Limits of Insurance

Each Party shall maintain the following insurance coverage and limits no less than:

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6.3.2.1 General Liability: $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $10,000,000 aggregate limit. CG 00 01 current edition, or its substantive equivalent, including coverage for, but not limited to, Premises/Ongoing Operations, Contractual Liability, Products and Completed Operations. Such limits may be satisfied with the use of an umbrella or excess liability policy, which is at least as broad as the underlying policy.

6.3.2.2 Professional Liability, Errors and Omissions Coverage: In the event that services pursuant to this Agreement either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be Provided with minimum limits of $10,000,000 per claim and in the aggregate.

6.3.2.3 Workers’ Compensation: Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Work by applicable federal or “Other States” State Law.

6.3.2.4 Employers Liability or “Stop Gap”: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation Policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the General Liability policy.

6.3.2.5 Cyber Liability or Technology Errors and Omissions: Coverage with a minimum limit of $5,000,000 per occurrence or claim and in the aggregate. Coverage shall include loss resulting from data security/privacy breach, cyber extortion, unauthorized access, denial of service attacks, introduction of virus and malicious code, dissemination or destruction of electronic data, business interruptions, privacy law violations. Coverage shall include notification and other expenses incurred in remedying a privacy breach as well as costs to investigate and restore data. If the PSAP is a member of the Washington Cities Insurance Authority risk pool, the following language shall apply: Notwithstanding the Cyber Liability insurance requirements described above, Cyber Liability sublimits and deductibles required by the Washington Cities Insurance Authority risk pool shall be acceptable in meeting such limits required for this coverage.

6.3.2.6 Other Insurance Provisions

The insurance policies required in this Agreement are to contain, or be endorsed to contain the following provisions:

a. Liability Policies (except Workers’ Compensation and Professional Liability): i. The County, its officers, officials, employees and agents are to be covered as additional insureds, for full policy limits, as respects liability arising out of activities performed by or on behalf of the PSAP in connection with this Agreement. (CG 20 10 current edition or its substantive equivalent).

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ii. To the extent of the PSAP’s negligence, PSAP’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self- insurance maintained by the County, its officers, officials, employees or agents shall not contribute with the insurance or benefit PSAP in any way.

iii. PSAP’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.

6.3.3 Deductibles and Self-Insured Retentions. Any deductibles and/or self-insured retentions of a Party shall not limit or apply to a Party’s liability to the other Party.

6.3.4 Workers’ Compensation and Work Site Safety. Each Party shall provide insurance as required by the Industrial Insurance Act of the State of Washington. Each Party shall bear the sole responsibility for its job site conditions and job site safety, and for a Party’s work at the other Party’s job site and locations. Each Party shall comply with all applicable federal, state and local safety regulations governing a job site, employees and Subcontractors. Each Party shall be responsible for its Subcontractor’s compliance with these provisions.

7. RECORDS AND AUDITS.

7.1 Retention of Records, Audit Access and Proof of Compliance with Agreement.

7.1.1 Retention of Records. Each Party shall maintain books, records and documents of its performance under this Agreement in accordance with generally accepted accounting principles and applicable law including RCW 40.14.060 and the relevant records retention schedules adopted thereunder (Washington State Local Government Common Records Retention Schedule (CORE) and the Emergency Communications (911) Records Retention Schedule).

7.1.2 Audit Access. The PSAP shall provide access to its facilities, including those of any Subcontractors the state and/or federal agencies or officials at all reasonable times to monitor and evaluate the use of E-911 excise taxes provided under this Agreement. If the County is required to pay the state for any reimbursements that an audit finds the PSAP did not spend in compliance with the Funding Policy attached as Exhibit A and any amendments to the policy, the PSAP shall be responsible for reimbursing the County for the full amount the County was required to pay the state.

7.1.3 County Audit. Following a state audit of the King County E-911, RAGB members will be invited to review the auditor’s Summary of Findings with the County.

7.2 Public Records Requests.

7.2.1 This Agreement is a public document and will be available for inspection and copying in accordance with the Public Records Act, chapter 42.56 RCW (“PRA”).

7.2.2 Each Party shall be responsible for responding to public disclosure requests addressed to it in accordance with the PRA. Nothing in this Agreement waives any rights or

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privileges of a Party under the PRA, including the withholding of records when authorized by the PRA or other law.

7.3 Data Management. The County is solely responsible for the security, integrity and completeness of all call data or other data it receives from the state of Washington 911 Network or other sources, and for transferring same to the Call Answering Equipment. The PSAP is not responsible for the security, integrity or accuracy of any data prior to it reaching the PSAP Call Answering Equipment. The County shall not be responsible for call data and other data not directly processed, transmitted, or provided by the County.

7.4 Data Ownership. PSAP acknowledges it has no property interest in and may assert no lien on or right to withhold from the County, any data it receives from, receives addressed to, or stores on behalf of the County. All records, data and files stored by the PSAP as archives of the County’s data, including the media on which they are stored, are the exclusive property of the County, and PSAP may assert no lien on or right to any of the same. The PSAP will conspicuously mark all such archival storage media as King County’s property whenever possible. Once the call record data is delivered from the County’s Call Processing Equipment to the PSAP systems, the ownership and responsibility for said data transfers to the PSAP.

7.5 Nondisclosure of Data. Data provided by the County either before or after this Agreement is fully executed shall only be used for its intended purpose.

8. DISPUTES.

8.1 Dispute Resolution. If a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the dispute through direct negotiations between them. If the Parties are unable to resolve the dispute within sixty (60) days of its occurrence, either Party may refer the dispute to the executive director of the PSAP (or equivalent officer if the PSAP does not have an executive director) and the director of the E-911 Program Office with notice to the other Party. If the dispute is not resolved by the executive director and the E-911 Program Office director within sixty (60) days of referral, either Party may refer any dispute within the purview of the Strategic Plan to the decision making and dispute resolution process under the Strategic Plan. If the dispute resolution process under the Strategic Plan does not resolve the dispute to the Parties’ satisfaction, and for each dispute outside the purview of the Strategic Plan, either Party may refer the dispute to non-binding mediation. Referral of the dispute to the executive officer and E-911 Program Office director, to the decision making and dispute resolution process under the Strategic Plan (as applicable), and to mediation shall be conditions precedent to a Party’s pursuit of other available legal remedies.

8.2 Continued Performance. At all times during periods of dispute resolution under this Agreement, the PSAP and the County will proceed diligently with the performance of this Agreement unless otherwise provided by law or court order.

8.3 Applicable Law and Forum. This Agreement shall be governed by and construed according to the laws of the State of Washington. Any claim or suit between the County and the PSAP arising out of this Agreement may only be filed and prosecuted in King County Superior Court.

9. NOTICE. Unless otherwise specified in this Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in writing and shall be deemed duly given when received at the addresses first set forth below via certified or registered first class mail, return receipt requested, personal

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delivery or electronic mail. Either Party may give written notice of another or different person or office to receive notice under this Agreement.

KING COUNTY PSAP Department of Information Technology Executive Director E-911 Program Office Ben Breier 20811 84th Ave South, Suite 105 Kent, WA. 98032 206.477.4911 [email protected] AND [email protected]

10. AMENDMENT. All changes to this Agreement shall be made in writing through an Amendment, signed by the King County Executive and the executive director of the PSAP (or equivalent officer if the PSAP does not have an executive director), or their designees. No oral statement or other conduct by either Party shall change or modify the Agreement. If laws, regulations, policies or administrative practices established after the effective date of this Agreement apply to the Agreement, then the Parties agree to implement those laws, regulations, policies or administrative practices through an amendment as provided in this Section.

11. FORCE MAJEURE. The term “force majeure” shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shut-downs for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Agreement. If any Party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to the other Party, such obligation or condition shall be suspended only for the time and to the extent practicable to restore operations. The Parties acknowledge the E-911 System is a significant priority during periods of force majeure and shall attempt to restore operations as soon as practicable.

12. GENERAL.

12.1 Successors and Assigns. This Agreement is binding on the successors and assignees of the Parties, including but not limited to such successors and assignees as are necessary for the PSAP, at its election, to participate in consolidation, regionalization and/or sharing services, or the adding of fire, police or medical agencies to be served on the PSAP. For purposes of this Section 12.1, consolidation, regionalization or resource sharing includes two or more PSAPs combining some or all operations and services to form a new PSAP or one or more PSAPs merging or sharing some or all operations and services with an existing PSAP including another PSAP that has entered into an agreement with the County similar to this Agreement. If the PSAP elects to consolidate, regionalize, Virtualize or share resources or services in partnership with another PSAP under agreement with the County, the PSAPs’ agreements will be modified to the degree necessary to achieve their overall purpose and terms. The PSAP shall notify the County in writing of a planned consolidation, regionalization, resource change or other change in status not less than one hundred twenty (120) days prior to the effective date of such consolidation or change in status.

12.2 Compliance with Laws. During the term of this Agreement, the Parties 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 services involve the retention, security, confidentiality or other handling E911_ILA-between-PSAPandKC version date 02/11/21 Page 12 of 19 L&J Meeting Packet Page 65 March 2, 2021

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.

12.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified by the Parties to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision.

12.4 Non-Waiver of Breach. No action or failure to act by a Party shall constitute a waiver of any right or duty afforded to the other Party under the Agreement; nor shall any such action or failure to act by a Party constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the Party in writing.

12.5 Complete Agreement. The Agreement constitutes the entire agreement and understanding between the Parties and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.

13. ACKNOWLEDGEMENT, EXECUTION AND AUTHORITY.

13.1 Each Party acknowledges that it consulted with its respective attorneys who had the opportunity to review this Agreement. Therefore, the Parties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement.

13.2 Each Party’s representative executing this Agreement represents and warrants that the representative has the authority to sign and bind the Party to this Agreement.

PSAP KING COUNTY

Authorized Signature Authorized Signature

Name and Title (Print or Type) Name and Title (Print or Type)

Date Date Accepted: Accepted:

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Exhibit A to ILA between PSAP and King County King County E-911 Program Office PSAP Funding Process Policy

I. Overview In accordance to RCW 38.52.510 ‘Statewide enhanced 911 service – Funding by counties’, King County is responsible to implement a countywide enhanced 911 (E911) emergency communications system so enhanced 911 is available throughout the state. King County must provide funding for the E911 system in the county in an amount equal to the amount of the maximum tax under RCW 82.14B.030(1) would generate in the county less any applicable administrative fee charged by the Department of Revenue or the amount necessary to provide full funding of the system in the county1.

King County E-911 Program Office uses the 911 excise tax revenue to pay for system network, components, equipment, and staff support related to the receipt of 911 calls from the State Emergency Services IP Network (ESInet) and delivery to the PSAP. In addition, excise tax revenue may be used to support PSAP 911 technical, operational and staffing costs to ensure the delivery, receipt and processing of 911 calls at the PSAP. II. Intent This policy is directed by the King County Regional E-911 Strategic Plan - 10 Year Sustainable Financial Plan and establishes procedures and guidance for the King County E-911 Program Office (PO) and King County PSAPs for the following.

1. The Program Office disbursement of excise tax revenue through an established escrow account to reimburse King County PSAPs for basic service operating expenses, equipment and staff support expenses identified in RCW 38.52.545, WAC 118-66-050, and WAC 118-66-060. PSAPs will not be considered eligible for excise tax revenue disbursements of WAC eligible expenses unless they have entered into a contract with the PO. Disbursements will be made, contingent upon available E-911 Program Office excise tax revenue. 2. PSAP use of excise tax revenue to support the costs of equipment, operational, technical, and staffing needs related to answering and handling of 911 calls.

III. Responsibility A. E-911 Program Office: 1. Use E-911 excise tax revenue to support network, key operational functions, and equipment purchases and maintenance used in receipt of 911 calls from the State ESInet and delivery to the PSAP as defined in WAC 118-66-060.

1 RCW 38.52.510, King County Code Title 4A, Sections 4A.200.280, 4A.200.2805, 4A.510.220 E911_ILA-between-PSAPandKC version date 02/11/21 Page 14 of 19 L&J Meeting Packet Page 67 March 2, 2021

2. Hire and train an appropriate level of staff to manage and maintain the E-911 Program and equipment.

B. PSAPs: 1. To purchase and maintain equipment for operations after the call is delivered to the PSAPs. 2. To hire and train staff to answer 911 calls and support 911 services in the PSAP. 911 excise tax revenue may only be used to support the 911 system2 and may not be used for dispatch costs. 3. Ensure use of excise tax revenue are within current policy guidelines and disbursement requests do not exceed their escrow account balance. 4. Ensure all records related to purchases are accurate and available for year-end reporting. PO and PSAPs will work together to reallocate PSAP costs identified as RCW & WAC eligible items if, through the year-end reporting process, it is determined the PSAP spent excise tax revenue outside the terms of the policy or guidelines. 5. Submit a year-end spending category report to the Program Office on a form to be provided by the Program Office. 6. Upon request, provide data to the PO in support of State 911 funding deliverables.

IV. Program Office Available Funds3 Based on available funds, the Program Office will:

1. Fund the 911 system and the Program Office4 2. Maintain a minimum fund balance of 10% of operating expenses 3. Maintain a capital reserve of $1million 4. In cooperation with RAGB, determine annual escrow distribution amount 5. In cooperation with RAGB, review and/or modify this policy following the King County biennial budget calendar.

V. Escrow Fund Disbursement Procedure A. Distribution Formula: 1. Each PSAP shall receive a $100,000 baseline disbursement amount per year 2. Following the baseline disbursement, remaining PSAP excise tax revenue will be distributed using call volume: a) The distribution formula shall be based on the PSAPs percentage of 9-1-1 calls answered over a trailing two year rolling average (e.g. for 2021 distribution, the number of 9-1-1 calls answered in 2018 and 2019 will be averaged; 2022 will use the average of 2019 and 2020). b) The PowerMetrics (ECaTS) “Top PSAP Metrics – Answer Time” report shall be used to determine the number of 911 calls answered.

2 RCW 38.52.540 & WAC 118-66-060 (3) 3 RAGB approved items 2, 3, and 4 on June 10, 2020 4 RCW 38.52.545 E911_ILA-between-PSAPandKC version date 02/11/21 Page 15 of 19 L&J Meeting Packet Page 68 March 2, 2021

B. Funding disbursement process:

1. Excise tax revenue disbursements to escrow will occur no later than the last business day of the months of March, June, September, and December. 2. Excise tax revenue reimbursement requests will be due to the Program Office no later than the 15th of January, April, July and October. Requests will be processed and distributed by the end of that same month. a. Requests may be submitted in any or all of the months listed above and may be for any amount not less than $500 and up to the full balance. b. Requests must be submitted using the provided Escrow Reimbursement Request Form.

C. Year-end review process: PSAPs will be required to submit an annual report by February 15th, listing all items or staff time where excise tax revenue was used, including warrant numbers, warrant dates, item description, purchase date, justification and any related approval documents, including back up materials and receipts where appropriate.

VI. Escrow Account Rollovers PSAPs may be asked to provide a plan to spend down their escrow accounts if future laws, codes, or rules could impact the funds remaining in an escrow account. VII. Equipment Ownership Equipment purchased with excise tax revenue will become a PSAP asset. However, King County reserves the right to audit the equipment usage to ensure the equipment is used in compliance with established guidelines. In the event a PSAP is decommissioned or the asset is to be sold, the PSAP must notify the Program Office. King County may want the option to take ownership of the equipment. All equipment purchased with excise tax revenue must be tracked by PSAPs and information (e.g. an asset tag number, location, etc.) must be available to the Program Office for audit purposes. VIII. Equipment Maintenance Any equipment purchased with excise tax revenue will be the financial and operational responsibility of the PSAP, including maintenance, support, licenses, repairs and overall operational costs. IX. PSAP Call Receivers Call Receivers5 are defined as a person(s) whose primary function (at least 50 percent of their time) is sitting at a console, hired, trained/in training and prepared or available to answer 911 calls. This

5 State Emergency Coordination Office (SECO) County Contract Policy 07-01-2019 E911_ILA-between-PSAPandKC version date 02/11/21 Page 16 of 19 L&J Meeting Packet Page 69 March 2, 2021

can include part-time employees, as well as supervisor and dispatcher classifications that include call taking as part of their duties.

X. Unspent or Additional Revenue A. Unspent/Unencumbered Funds At the close of a biennium and Program office budget commitments are fulfilled, in conjunction with evaluation of strategic objectives for future investments, available unspent funds may be shared with PSAPs if: 1. Fund balance and operational reserves are within policy guidelines 2. Strategic objectives identified during the strategic planning process have a sufficient funding plan

Unspent funds will become part of the fund balance after the biennium closes. During the budget preparation cycle for the next biennium, a portion of the unspent funds may be appropriated to increase the total PSAP distribution amount.

B. Additional Revenue When additional revenue becomes available through taxation: 1. Evaluate Program Office needs and future investments 2. Consider adjustment of the distribution amount for PSAPs

XI. PSAP Decommission or Governance Change A. Definitions 1. Decommission of a PSAP shall mean the closing of the PSAP and Program Office partnership and the dismantling of the PSAP concluding the PSAPs operation of answering 911 calls. 2. PSAP governance change shall mean the change of authority and/or governance of a PSAP wherein the PSAP and Program Office partnership remains intact and the PSAP operation of 911 continues. 3. 911 equipment shall mean items purchased with 911 funds, directly from the Program Office or indirectly through escrow reimbursements, and may include but not limited to items such as furniture, equipment, and networking. 4. Escrow Distribution shall mean the moving of 911 excise tax revenue to an established account by the county for PSAP use at the end of the quarter in which revenue was incurred. 5. PSAP reimbursements shall mean the act of moving funds from the Escrow account to the PSAP for WAC eligible items.

B. Decommission of PSAP 1. 911 excise tax revenue will continue to be earned, on a prorated basis, until the PSAP ceases to answer 911 calls, at which time the fund balance will be frozen. 2. A PSAP may request reimbursement of earned escrow funds within 90 days of when the PSAP ceases to answer 911 calls.

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3. Program Office will pay transition costs of 911 networking and equipment for the receiving PSAP to answer 911 calls. The Program Office will not pay transition costs of non-911 lines and equipment. 4. Program Office will be responsible for removing 911 networking and equipment from the decommissioned PSAP. 5. The receiving PSAP’s capacity to receive and process the additional 911 calls and/or workload will be reviewed and funding of corresponding network and equipment additions and changes will be addressed in the transition planning process. 6. Program Office staff will work with the affected PSAPs, ensuring all financial variables are addressed and there is a smooth transition and transfer of 911 calls.

C. Unused Escrow Funds Upon completion of the decommissioned PSAP’s reimbursement process, remaining unused escrow funds will be transferred to the receiving PSAP’s escrow accounts on the next distribution cycle. Methodology of the distribution for multiple PSAPs will be determined in conjunction with RAGB prior to the decommission date.

1. Remaining Appropriated Revenue Distributions The Program office, with advisory guidance from the RAGB, will determine the best method of distribution given the specific circumstances. Possible options may include, but not limited to, the following:

Option 1: • Remaining escrow revenue distributions, within the year a Non Primary Wireless PSAP is decommissioned, shall be shared with the remaining PSAPs according to their previously determined call volume percentage. • Remaining revenue distributions for a decommissioned Primary Wireless PSAP will be decided in conjunction with RAGB prior to decommission date.

Option 2: • Remaining escrow revenue distributions within the year from a decommissioned Non Primary Wireless PSAP shall be distributed to the receiving PSAP. • Remaining revenue distributions for a decommissioned Primary Wireless PSAP will be decided in conjunction with RAGB prior to decommission date.

Option 3: Remaining escrow revenue distributions from a decommissioned PSAP will return to the Program Office fund balance.

2. Future Revenue Distributions The Program office, with advisory guidance from the RAGB, will determine the best method of distribution given the specific circumstances. Consider mirroring the logic based on options listed above until such time as the decommissioned PSAP’s call volume is no longer included within the ‘2 year rolling average’ period.

3. PSAP Governance Change The Program Office will provide transitional support to the PSAP and to insure the escrow account remains intact and follows the PSAP.

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During the transition period for a PSAP, either by decommission or governance change, remaining funds in an escrow account must be used based on current RCW and WAC rules. XII. Policy Review This funding policy will be reviewed and/or modified annually.

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April 10, 2020

The Honorable Claudia Balducci Chair, King County Council Room 1200 C O U R T H O U S E

Dear Councilmember Balducci

This letter transmits a proposed ordinance that, if enacted, would enable King County to enter into an interlocal agreement related to public safety answering points (PSAPs) and the countywide enhanced E-911(E-911) emergency communications system with several jurisdictions, pursuant to Revised Code of Washington (RCW) 39.34. The interlocal agreement describes the services to be provided by the County and the PSAP, and the rights and responsibilities of the parties to each other.

PSAPs are public’s direct link to the dispatchers of emergency services for specific jurisdictions. They link police, fire and medical first responders to members of the public requesting aid, protection or rescue. The proposed ordinance would authorize King County to enter into an interlocal agreement with the following entities:

• The Bothell Police Department; • North East King County Regional • The City of Seattle; Public Safety Communication • The City of Redmond; (NORCOM) • The Enumclaw Police Department; • The University of Washington Police • The King County Sheriff’s Office; Department; • The Issaquah Police Department; • Valley Communications Center; and, • The Port of Seattle; • The Washington State Patrol

In accordance with RCW 38.52.510, the County implements the countywide E-911 emergency communications system. The system network, its components and related equipment related to receipt and processing of 911 calls, are funded through 911 excise tax revenue funds.

L&J Meeting Packet Page 73 March 2, 2021 The Honorable Claudia Balducci April 10, 2020 Page 2

By authorizing the interlocal agreement, King County residents and others will continue to be served by their local PSAP in alignment with the Regionally Collaborative guiding principle of the King County Strategic Plan. Action on the proposed legislation supports the Safety and Justice goal of the Strategic Plan by providing access to the E-911 emergency communication system for those in the cited jurisdictions.

It is estimated that this agreement required 3,000 staff hours to produce, costing $300,000.

Thank you for your consideration of this ordinance. If your staff have any questions, please contact Ben Breier, E-911 Program Manager at 206-477-4911.

Sincerely,

Dow Constantine King County Executive

Enclosure

cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Shannon Braddock, Deputy Chief of Staff, Office of the Executive Dwight Dively, Director, Office of Performance, Strategy and Budget Tanya Hannah, Chief Information Officer, King County Information Technology

L&J Meeting Packet Page 74 March 2, 2021 ATTACHMENT 4

2019-2020 FISCAL NOTE

Ordinance/Motion: Title: Ordianace for the E-911 and County PSAP's Interlocal Agreement Affected Agency and/or Agencies: KCIT / E-911 Note Prepared By: George Vida Date Prepared: 2/27/2020 Note Reviewed By: Date Reviewed:

Description of request: Ordinance that will enable King County to enter into an interlocal agreement that outlines consideration of payments, covenants, and agreements made and performed by the county and each public safety answering point (PSAP) partner relating to the countywide enhanced E-911(E-911) emergency communications system.

Revenue to:

Agency Fund Code Revenue Source 2015/2016 2017/2018 2019/2020 KCIT / E-911 1110 0 0 0

TOTAL 0 0 0

Expenditures from: Agency Fund Code Department 2015/2016 2017/2018 2019/2020 KCIT / E-911 1110 0 0 0

TOTAL 0 0 0

Expenditures by Categories

2015/2016 2017/2018 2019/2020 N/A 0 0 0

TOTAL 0 0 0 Does this legislation require a budget supplemental? Notes and Assumptions:

Page 1 L&J Meeting Packet Page 75 March 2, 2021 ATTACHMENT 5

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STAFF REPORT

Agenda Item: 7 Name: Clifton Curry Proposed No.: 2020-0201 Date: March 2, 2021

SUBJECT

AN ORDINANCE creating the offense of obtaining information or disrupting video teleconferences of recovery, mental health, and behavioral health support groups without authorization; adding a new chapter to K.C.C. Title 12 and prescribing civil liability and criminal penalties.

SUMMARY

This Ordinance would make it unlawful for any person, to intercept, record or knowingly circumvent technological access measures or barriers to access (“hack”) a video teleconference system in order to obtain information from the individuals participating in the meeting or to interfere with the system with the intent to disrupt a recovery, mental health and behavioral health support group meeting (such as those conducted under the auspices of Alcoholic or Narcotics Anonymous) without first obtaining the consent of all the individuals engaged in the meeting. The legislation also prescribes criminal and civil penalties for disrupting these video teleconference meetings. The Committee first heard this legislation at its August 19, 2020 meeting

BACKGROUND

Videotelephony, also known as video teleconferencing, comprises the technologies for the reception and transmission of audio-video signals by users at different locations for communication in real time. It includes computers, cellular telephones or any other devices with a video display, capable of simultaneous video and audio for communication between people in real time. Video teleconferencing is the use of the technology for two or more persons in a group or meeting with or without the use of video in addition to audio.1

Video teleconferencing is a highly useful technology for a variety of purposes used by commercial, government and community groups to facilitate meetings and conferences.

1 Definitions from Wikipedia https://en.wikipedia.org/wiki/Videotelephony .

L&J Meeting Packet Page 103 March 2, 2021 It is also a primary source of communication for those needing sign-language transmission for deaf and speech-impaired people and for those with mobility issues.2

Video teleconferencing, via telemedicine and telenursing, allows patients to contact healthcare providers in emergency or routine situations for remote consulting and diagnosis. Behavioral health providers and support organizations also use video teleconferencing for diagnosis, treatment and therapy for patients with mental health and substance use disorder diagnoses.3 In addition, individuals participating in recovery, mental health and behavioral health support groups, such as Alcoholics Anonymous or Narcotics Anonymous, also use this video teleconferencing technology for meetings.

Federal and state law have established privacy requirements for both physical and behavioral health patients, including participants in certain types of behavioral health therapy sessions.4 In addition, individuals participating in any private video teleconferences also have a reasonable expectation of privacy. 5 6

On February 29, 2020, the Washington State Governor proclaimed that a State of Emergency exists in all counties in the State of Washington as a result of the COVID-19 pandemic. 7 In March 2020, the state and the County instituted "stay-at-home" orders to prevent the spread of COVID-19 that: require that all persons stay home unless they need to pursue an essential activity; ban all gatherings for social, spiritual and recreational purposes; and close all businesses except defined essential businesses.8

2 REPORT AND ORDER AND ORDER ON RECONSIDERATION: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, Federal Communications Commission, Washington, D.C., December 12, 2005. FCC 05-203. 3 "TeleHealth". The Health Resources and Services Administration. April 28, 2017. 4 To address this issue, federal regulations known as "42 CFR Part 2" protect the confidentiality of physical and behavioral health treatment records of any person who has sought treatment for or been diagnosed with physical or behavioral health issue. For the state, as noted in RCW 70.02.05, “the legislature finds that; (1) Health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy, health care, or other interests.” 5 Participants in Alcoholics and Narcotics Anonymous have established as “The Twelfth Tradition” a requirement that all those participating in its programs accept that “anonymity is a spiritual foundation of all of our Traditions.” https://aa.org/pages/en_US/anonymity-a-vital-spiritual-principle and https://www.na.org/admin/include/spaw2/uploads/pdf/PR/2302_2018.pdf 6 Client confidentiality has both legal and ethical aspects. Counselors and other mental health providers are bound by professional oath, personal ethics and legal licensure to uphold confidentiality. This means that counselors are legally restrained from disclosing information that was shared within the protected client-counselor relationship. Breaking confidentiality could result in a counselor losing his or her license, so they take issues of confidentiality very seriously. In addition, the Health Insurance Portability and Accountability Act, also known as HIPAA, is a series of laws that protects people’s personal health information, including mental health records. Any medical health professional that violates HIPAA could face civil or possibly even criminal penalties. Confidentiality exists in a voluntary counseling relationship, so people feel safe in sharing sensitive information and getting the help, support, tools and relief they need. https://inpublicsafety.com/2018/11/counseling-confidentiality-what-you-need-to-know/ 7 Proclamation of Emergency, “Significant Health Emergency Caused by Novel Coronavirus” Document Code No.: PHL-10-4-EO, March 1, 2020. 8 Proclamation 20-25, by the Governor Amending Proclamation 20-05 “Stay Home-Stay Healthy” Office of the Washington State Governor, March 23, 2020.

L&J Meeting Packet Page 104 March 2, 2021 The orders have resulted in a significant increase in the use of video teleconferencing by behavioral health practitioners as well as individuals participating in group therapy sessions conducted by behavior health professionals, along with use of this technology by recovery, mental health and behavioral health support groups, including but not limited to Alcoholics Anonymous or Narcotics Anonymous.9 10 11

Computer security experts have determined that poorly configured or inadequately supervised video teleconferencing systems can permit an easy "virtual" entry by criminals (“hacking”) into video teleconferencing systems making it possible to illicitly collect data about users or disrupt meetings.12

State law does contain prohibitions against intercepting, recording, or divulging private communications—primarily as related to “private communication transmitted by telephone, telegraph, radio, or other device.”13 The state statute provides for both criminal14 and civil penalties (allowing for civil lawsuits)15 for violating these provisions. However, the provisions do not directly identify the advances in technology represented in video teleconferencing and the potential for “hacking” video teleconference meetings (“Zoom-bombing” for example).

ANALYSIS

This Ordinance would make it unlawful for any person, to intercept, record or knowingly circumvent technological access and security measures or any other barriers to access (“hack”) a video teleconference system in order to obtain information from the individuals participating in the meeting or interfere with the system to disrupt a recovery, mental health and behavioral health support group meeting (such as those conducted under the auspices of Alcoholic or Narcotics Anonymous) without first obtaining the consent of all the individuals engaged in the meeting.

The Ordinance defines "video teleconference system" as meaning any of the videotelephony technologies for the reception and transmission of signals for audio, video or both by users at different locations and would include computers, cellular telephones or any other devices with a video display, capable of simultaneous video and audio, or audio only, for communication between people in real time. In this Ordinance, "Video teleconferencing" also means the use of a video teleconference system for a group consisting of two or more individuals who might just be using audio and not using video. The Ordinance establishes that “consent” by all individuals is needed to allow any interference, where consent shall be considered obtained whenever all the individuals engaged in the video teleconference meeting reasonably acknowledge that the meeting is about to be recorded or transmitted.

9 Beauford, Moshe (March 5, 2020). "With COVID-19 Spreading, Video Conferencing is Booming". UC Today. Retrieved May 21, 2020. 10 Alcoholics Anonymous, COVID-19 and Our Seventh Tradition – Noting movement to virtual meetings. Added June 2020 https://www.aa.org/assets/en_US/en_VideoCommunicationonSupport-6-19-2020.pdf 11 Narcotics Anonymous, Member Information, Virtual Meetings, https://www.na.org/?ID=virtual_meetings 12 For example, “Zoom Caught in Cybersecurity Debate — Here's Everything ...” thehackernews.com/2020/04/zoom-cybersecurity-hacking.html . 13 RCW 9.73.030. 14 RCW 9.73.080. 15 RCW 9.73.060.

L&J Meeting Packet Page 105 March 2, 2021

The Ordinance provides for two mechanisms to enforce its requirements. First, with a criminal penalty, where a violation of this chapter is a gross misdemeanor (punishable with maximum jail sentence of 364 days and monetary fines up to $5,000). According to the legislation, the sheriff shall enforce this chapter, through means including, but not limited to, those in K.C.C. Title 23. In addition, the proposed Ordinance—like state law-- includes a provision that would allow a person who is injured by a disruption of a teleconference meeting or theft of information by any unauthorized hacking, to file a civil cause of action (civil lawsuit) for damages. Under this legislation, an individual that proves injury would be entitled to actual damages, including mental pain and suffering endured by the individual on account of the violation, and reasonable attorneys' fees and other costs of litigation.

As noted above, state law does contain prohibitions against intercepting, recording, or divulging private communication—primarily as related to “private communication transmitted by telephone, telegraph, radio, or other device.”16 State statute also provides for both criminal17 and civil lawsuits18 for violating these provisions. However, the provisions do not directly recognize the scope of the advances in technology represented in video teleconferencing and the ability of persons to disrupt or otherwise interfere with these meetings. As a result, it appears to be reasonable to provide an enforcement mechanism to protect the privacy of video teleconference meetings for recovery, mental health and behavioral health support groups from unauthorized access to participant information or to disrupt meetings.

At the Committee’s August 19, 2020 meeting, Councilmember Dembowski discussed a proposed amendment that would remove the criminal penalty sections from this legislation. With this amendment, the potential for criminal sanctions for violators would be eliminated (along with the criminal enforcement provisions), while leaving the provisions for persons who are injured to seek civil sanctions from violators. This amendment, if adopted, would also require a Title Amendment.

This ordinance has been reviewed by legal counsel and the prosecutor’s office. If this measure is approved in committee, it is subject to an advertising period before it can be heard in in full council.

ATTACHMENTS

1. Proposed Ordinance 2020-0201

16 RCW 9.73.030. 17 RCW 9.73.080. 18 RCW 9.73.060.

L&J Meeting Packet Page 106 March 2, 2021 ATTACHMENT 1

1200 King County Courthouse KING COUNTY 516 Third Avenue Seattle, WA 98104 Signature Report

Ordinance

Proposed No. 2020-0201.1 Sponsors Dunn

1 AN ORDINANCE creating the offense of obtaining

2 information or disrupting video teleconferences of

3 recovery, mental health, and behavioral health support

4 groups without authorization; adding a new chapter to

5 K.C.C. Title 12 and prescribing civil liability and

6 criminal penalties.

7 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

8 SECTION 1. Findings:

9 A. Videotelephony comprises the technologies for the reception and transmission of

10 audio-video signals by users at different locations for communication in real time.

11 It includes computers, cellular telephones or any other devices with a video display, capable of

12 simultaneous video and audio for communication between people in real time. Video

13 teleconferencing is the use of the technology for two or more persons in a group or meeting with

14 or without the use of video in addition to audio.

15 B. Video teleconferencing is a highly useful technology for a variety of purposes used by

16 commercial, government and community groups to facilitate meetings and conferences. It is also

17 a primary source of communication for those needing sign-language transmission for deaf and

18 speech-impaired people and for those with mobility issues.

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19 C. Video teleconferencing, via telemedicine and telenursing, allows patients to contact

20 healthcare providers in emergency or routine situations for remote consulting and diagnosis.

21 Behavioral health providers and organizations also use video teleconferencing for diagnosis,

22 treatment and therapy for patients with mental health and substance use disorder diagnoses. In

23 addition, individuals participating in recovery, mental health and behavioral health support

24 groups, such as Alcoholics Anonymous or Narcotics Anonymous, have also used this video

25 teleconferencing technology for meetings.

26 D. Federal and state law have established privacy requirements for both physical and

27 behavioral health patients, including participants in certain types of behavioral health therapy

28 sessions. In addition, individuals participating in any private video teleconferences also have a

29 reasonable expectation of privacy.

30 E. On February 29, 2020, the Washington state governor proclaimed that a State of

31 Emergency exists in all counties in the state of Washington as a result of the COVID-19

32 pandemic.

33 F. In March 2020, the state and the county instituted "stay-at-home" orders to prevent the

34 spread of COVID-19 that: require that all persons stay home unless they need to pursue an

35 essential activity; ban all gatherings for social, spiritual and recreational purposes; and close all

36 businesses except defined essential businesses. The orders have resulted in a significant increase

37 in the use of video teleconferencing by behavioral health practitioners as well as individuals

38 participating in group therapy sessions conducted by behavior health professionals and recovery,

39 mental health and behavioral health support groups, including but not limited to Alcoholics

40 Anonymous or Narcotics Anonymous.

41 G. Computer security experts have determined that poorly configured or inadequately

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42 supervised video teleconferencing system can permit an easy "virtual" entry by criminals into

43 video teleconferencing systems making it possible to illicitly collect data about users or disrupt

44 meetings.

45 H. Therefore, it is in the public interest to provide an enforcement mechanism to protect

46 the privacy of video teleconference meetings of recovery, mental health and behavioral health

47 support groups from unauthorized access to participant information or to disrupt meetings.

48 SECTION 2. Sections 3 through 7 of this ordinance should constitute a new chapter in

49 K.C.C. Title 12.

50 NEW SECTION. SECTION 3. The definitions in this section apply throughout this

51 chapter unless the context clearly requires otherwise.

52 A. "Individual" means a single human being;

53 B. "Person" includes an individual, partnership, corporation or association;

54 C. "Video teleconference system" means any of the videotelephony technologies for the

55 reception and transmission of signals for audio, video or both by users at different locations.

56 "Video teleconference system" includes computers, cellular telephones or any other devices with

57 a video display, capable of simultaneous video and audio, or audio only, for communication

58 between people in real time; and

59 D. "Video teleconferencing" means the use of a video teleconference system for a group

60 consisting of two or more individuals.

61 NEW SECTION. SECTION 4.

62 A. It is unlawful for any person, to intercept, record or knowingly circumvent

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63 technological access measures or barriers to access to a video teleconference system in order to

64 obtain information from or of the individuals participating in the video teleconference or

65 interfere with the video teleconference system to disrupt a recovery, mental health and behavioral

66 health support group meeting without first obtaining the consent of all the individuals engaged in

67 the video teleconference meeting, where the technological access measures are specifically

68 designed to exclude or prevent unauthorized individuals from obtaining the information or

69 unauthorized participation in the video teleconference meeting.

70 B. When consent by all individuals is needed under to this section, consent shall be

71 considered obtained whenever a person has announced to all the individuals engaged in the video

72 teleconference meeting, in any reasonably effective manner, that such meeting is about to be

73 recorded or transmitted.

74 NEW SECTION. SECTION 5. A person who violates this chapter shall be subject to

75 civil cause of action for damages, to be brought by any individual claiming that a violation of this

76 chapter has resulted in injury to that individual. An individual so injured shall be entitled to

77 actual damages, including mental pain and suffering endured by the individual on account of

78 violation of this chapter, and reasonable attorneys' fees and other costs of litigation.

79 NEW SECTION. SECTION 6. A violation of this chapter is a gross misdemeanor.

80 NEW SECTION. SECTION 7. The sheriff shall enforce this chapter, through means

81 including, but not limited to, those in K.C.C. Title 23.

82

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KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Rod Dembowski, Chair ATTEST:

______

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: None

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