8d. Attachment - Interlocal Agreement

Item No. 8d_attach
Meeting Date: July 13, 2021 

INTERLOCAL AGREEMENT BETWEEN 
PUBLIC SAFETY ANSWERING POINT 
AND KING COUNTY 








E911_ILA-between-PSAPandKC                                       Page 1 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
INTERLOCAL AGREEMENT BETWEEN 
PUBLIC SAFETY ANSWERING POINT (PSAP) 
AND KING COUNTY 
This Agreement ("Agreement") is entered into between King County ("County"), andPort of Seattle Police 
Department, 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. 
1.2     Call means traditional telephony voice, text or any emerging next generation 911 technology. 
E911_ILA-between-PSAPandKC                                       Page 2 of 18

Item No. 8d_attach
Meeting Date: July 13, 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. 


E911_ILA-between-PSAPandKC                                       Page 3 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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, RESPONSIBILITIES, 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. 
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. 

E911_ILA-between-PSAPandKC                                       Page 4 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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. 
E911_ILA-between-PSAPandKC                                       Page 5 of 18


Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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 
E911_ILA-between-PSAPandKC                                       Page 6 of 18





Item No. 8d_attach
Meeting Date: July 13, 2021 
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 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. 
E911_ILA-between-PSAPandKC                                       Page 7 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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: 
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 
E911_ILA-between-PSAPandKC                                       Page 8 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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 sub-limits 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. 
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 
E911_ILA-between-PSAPandKC                                       Page 9 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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 
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. 

E911_ILA-between-PSAPandKC                                       Page 10 of 18




Item No. 8d_attach
Meeting Date: July 13, 2021 
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            Port of Seattle Police Department 
E-911 Program Office                            911 Communications Manager 
Ben Breier                                       Stacy Wassall 
20811 84th Ave South, Suite 105                  PO Box 68727 
Kent, WA. 98032                              Seattle, WA 98168 
206.477.4911                                  206-787-6623 
bbreier@kingcounty.gov AND                   Wassall.S@portseattle.org 
kcE911managers@kingcounty.gov 

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 
E911_ILA-between-PSAPandKC                                       Page 11 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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 
of certain "protected" health information under the federal HealthInsurance 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. 


E911_ILA-between-PSAPandKC                                       Page 12 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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 
Steve Metruck, Executive Director                     Dow Constantine, King County Executive 
Name and Title (Print or Type)                         Name and Title (Print or Type) 
Date                                               Date 
5/24/21 
Accepted:                                           Accepted: 










E911_ILA-between-PSAPandKC                                       Page 13 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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. 

1 RCW 38.52.510, King County Code Title 4A, Sections 4A.200.280, 4A.200.2805, 4A.510.220 
E911_ILA-between-PSAPandKC                                       Page 14 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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 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                                       Page 15 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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 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 

5 State Emergency Coordination Office (SECO) County Contract Policy 07-01-2019 
E911_ILA-between-PSAPandKC                                       Page 16 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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. 

E911_ILA-between-PSAPandKC                                       Page 17 of 18

Item No. 8d_attach
Meeting Date: July 13, 2021 
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. 
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. 




E911_ILA-between-PSAPandKC                                       Page 18 of 18

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.