2026
AGREEMENT
FOR 9-1-1 EMERGENCY COMMUNICATIONS SERVICES AND
GOVERNANCE
This agreement is made and entered into as of the date of last signature, by and between the County of Monterey, a political subdivision of the State of California (“County”), and the Cities, Fire Districts and other organizations listed below (County and these entities may be referred to collectively as the “Parties”):
Fire Police
City of Carmel-by-the-Sea X
City of Del Rey Oaks X
City of Gonzales X X
City of Greenfield X X
City of King X X
City of Marina X X
City of Monterey X X
City of Pacific Grove X X
City of Salinas X X
City of Sand City X
City of Seaside X X
City of Soledad X X
Monterey County Regional Fire
Protection District
X
North County Fire Protection District of
Monterey County
X
Big Sur Volunteer Fire Brigade X
Mid Coast Fire Brigade X
Miscellaneous Agencies
California State University, Monterey Bay X
Monterey Peninsula Airport District X X
Correctional Training/ Salinas Valley
State Prison
X
RECITALS
WHEREAS, the Parties desire to participate in a countywide public safety communicationsand emergency 9-1-1 dispatch system (System) consisting of all necessary 9-1-1 call taking, logging, dispatching, communications and other related services and technology for law enforcement, fire, emergency medical and other services; WHEREAS, the Parties desire to collaborate as partners to better serve the public with the understanding that a formal structure will enable the County to work with representatives of the Parties and users of the System to achieve clear policy direction and consistent coordination regarding emergency dispatch services;
227
9-1-1 Emergency Services and Governance Agreement
2026
WHEREAS, the County, through its Department of Emergency Communications and under the governance of the Board of Supervisors, is willing and able to furnish such services through a mutually agreeable cost sharing plan;
WHEREAS, the Parties agree to utilize mutually owned and/or licensed equipment and resources including, but not limited to: facilities for housing staff or equipment, telephone system(s), a computer aided dispatch system and other shared infrastructure that exists today and may be installed in the future;
WHEREAS, the County of Monterey and participating jurisdictions have entered into a separate Services and Governance Agreement to support the Next Generation Radio System (NGEN), which provides for the shared operation, maintenance, and management of critical public safety radio infrastructure in alignment with, but independent from, this 9-1-1 Services Agreement;
WHEREAS, the Parties desire to work in partnership to provide input, direction and advisory decision-making on items such as operations, budget, strategy, and vision as they pertain to the County’s provision of emergency call taking, non-emergency call taking, fire, law enforcement and medical dispatching and associated emergency communications services; and
WHEREAS, the County has previously provided these services pursuant to a written agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS
A Assets: Real estate, structures, equipment, and intellectual property dedicated to, used by, or generated for use in the 9-1-1 communications system and associated emergency services. “County Assets” include property purchased or otherwise acquired by the County, without financial contributions from other member Agencies. “System Assets” include property purchased or otherwise acquired by the Parties in common. Those Parties that did not contribute to the purchase, acquisition, or generation of an asset do not hold ownership rights in that asset.
B County: The County has several roles as administrator of the System, provider of services, and as a recipient of services. A “County Service Department” refers to a department of the County that directly bills Emergency Communications for services.
C County Board of Supervisors: The Board of Supervisors for the County of Monterey, pursuant to Government Code section 25000, is the governing body for the County of Monterey. It has final authority regarding all aspects 228
9-1-1 Emergency Services and Governance Agreement
2026
of the 9-1-1 system, including budget, for delivery of emergency communications services.
D County-wide Cost Allocation Plan: The County-wide Cost Allocation Plan is the mechanism used by the County to bill overhead charges to County departments.
E Director: The Director of the County of Monterey Emergency Communications Department, a County employee, as further described herein.
F Emergency Communications Department (ECD): The County department responsible for providing emergency and non-emergency public safety communications services to participating jurisdictions under this Agreement.
ECD’s responsibilities include 9-1-1 call-taking, non-emergency call handling and dispatch operations for law enforcement and fire services. ECD also provides initial call triage for medical emergencies before transferring to the designated EMS provider.
G Emergency Medical Service (EMS) Agency: the Local Emergency Medical Services Agency (LEMSA) designated by the County pursuant to the California Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act. The EMS Agency is responsible for medical control, regulatory oversight, system design and provider authorization for emergency medical services within the County.
H EMS Provider: the contract ambulance service provider authorized by the EMS Agency and selected by a Participating Jurisdiction to deliver emergency and/or non-emergency medical transportation services. The EMS Provider is responsible for field response and coordination in accordance with EMS Agency protocols and the terms of its service agreement.
I Executive Board: The Executive Board is comprised of certain executives of the Parties and represents the Parties as specified in this agreement.
J Fiscal Year: A “Fiscal Year” is defined as July 1 of each year to June 30 of the following year.
K Emergency Communications Boards (EC Boards): The Emergency Communications Boards are the Executive Board and the Operations Board whose responsibilities are specified in this agreement.
L Information Technology Department (ITD): The County department responsible for providing and maintaining countywide information technology infrastructure and services, including network connectivity, cybersecurity, County-wide enterprise systems, and County-managed computer hardware 229
9-1-1 Emergency Services and Governance Agreement
2026
used by the Emergency Communications Department (ECD). ITD also operates and maintains the Next Generation Radio System (NGEN) pursuant to the separate Agreement for NGEN Services and Governance.
M Operations Board: The Operations Board is comprised of certain representatives of the law enforcement and fire protection agencies that are Users, as defined below, directly receiving services as specified in this agreement.
N Parties: The County and the Cities, Fire Districts, and other organizations that are signatory to this agreement.
O User: Any entity directly receiving emergency communications services from the County through ECD, including County Departments, such as but not limited to, the County of Monterey Sheriff and the EMS provider utilized by the County of Monterey, and including the public safety departments and subentities of the Parties to this agreement. The Parties understand and agree that each Party may have one or more Users of ECD services pursuant to this agreement.
P Miscellaneous Agencies: Non-Voting Agencies that do not have all three billable factors of "population, assessed property value, workload" necessary to be charged with the Standard Cost Sharing model such as Municipal, State and Federal entities that contract for services with the County of Monterey for Emergency Communications, e.g. State College and Correctional Facilities.
2. DIRECTOR OF EMERGENCY COMMUNICATIONS
A The Director is a County of Monterey department head position.
B The duties of the Director are to plan, organize, coordinate, administer, and direct all activities of the Emergency Communications Department.
C The Director shall be selected by the County Administrative Officer (CAO).
1. In the selection of the Director, the CAO shall seek concurrence from the Executive Board, but the CAO shall retain authority to select, hire, evaluate, discipline and release the Director.
2. In reviewing the performance of the Director, the CAO shall consult with the Executive Board and shall receive a written statement from the Executive Board regarding the Director’s performance in meeting the standard herein, which will become part of the overall review. Still, all personnel evaluation decisions regarding the Director shall be the sole purview of the CAO.
D The Director will consult with the EC Boards in matters related to ECD operational priorities, financial and budgetary requirements, policies and problem-solving. ECD operational decisions shall be the sole purview of the 230
9-1-1 Emergency Services and Governance Agreement
2026
County, acting through the Director.
E The Director, at the request of the Executive Board, will seek accreditation from an appropriate accreditation group.
3. EMERGENCY COMMUNICATIONS BOARDS (EC Boards)
A The Parties agree to the formation of the EC Boards to consult and advise on the emergency communications and dispatch services provided by the ECD.
Responsibilities of the EC Boards are defined herein. For those items where the EC Boards do not have direct responsibility, such as, but not limited to, labor relations, the County shall coordinate and collaborate in good faith with the Parties through the EC Boards. The governance structure established by any other agreement affecting the delivery of 9-1-1 emergency communications is revoked to the extent that it conflicts with the governance structure established by this agreement.
B The EC Boards shall work in conjunction with the Director in developing a strategic plan for the delivery of emergency communications services.
4. EXECUTIVE BOARD
A Voting members: Comprised of four City Managers---one city manager representing Salinas, one city manager representing the South County Cities of Gonzales, Greenfield, Soledad, and King City, one city manager representing the North Peninsula Cities of Marina, Seaside, and Sand City, and one city manager representing the South Peninsula Cities of Carmel-by-the Sea, Monterey, Del Rey Oaks, and Pacific Grove; plus one representative of the Fire Districts, one representative of the County of Monterey Sheriff, and the CAO, for a total of seven (7) voting Executive Board members. Each of these positions shall also have an Alternate who may act as a full Board Member in the absence of the Board Member. The Alternate must be set in advance through an agendized notification to the ECD Executive Board. The three City Managers representing the South County Cities, North Peninsula Cities, and the South Peninsula Cities will be selected by members of the Monterey Bay Area Manager’s Group. The Fire District Representative will be selected by the Monterey County Fire District's and Volunteer Fire Company Association. The Alternates will be selected by the same groups with the City of Salinas and the County of Monterey Sheriff selecting their own Alternates.
B Each Voting Member will have one equally weighted vote. Voting Members must be Present for their vote to count. To be considered Present a Voting Member must attend in person or through Ralph M. Brown Act, Government Code section 54950-54963 (Brown Act) compliant remote attendance for their vote to count. The weight of each vote shall be dependent upon how many voting members are present with the total weight always equaling 100% and a quorum 231
9-1-1 Emergency Services and Governance Agreement
2026
must be present for voting to occur.
C A quorum for conducting business shall consist of at least four Executive Board members representing at least 50% of the total dispatch center funding as defined by the current cost-sharing formulas.
D Approval of actions by the Executive Board shall require a majority vote of the Executive Board members present at a meeting where quorum is established.
E All operational and financial decisions within the scope of the approved budget shall remain under the exclusive authority of the Director of the ECD.
F A unanimous vote of the quorum shall be required to: Amend this Agreement, create or amend the bylaws, or admit or remove a Participating Party.
1. All recommendations and other actions taken by the Executive Board pursuant to this agreement require a vote of a quorum at a duly noticed and conducted meeting, that includes the following non- voting advisors:
1 County of Monterey ECD Director or their designee
2. The following non-voting advisors of the Executive Board are NOT required to be present at a meeting for a vote on any recommendation or action are:
1 County of Monterey EMS Bureau Chief
2 Chief Information Officer for the County of Monterey
3 Operations Board Chairperson or Vice Chair
3. The presence or absence of an advisor at a meeting of the Executive Board shall not count towards establishing a quorum.
G The Executive Board shall meet at least four times per Fiscal Year and shall give reasonable notice of all meetings to all Users and all Parties. Meetings of the Executive Board shall be conducted in compliance with the requirements of the Brown Act.
H Executive Board meeting agendas will be physically posted and electronically posted on the ECD web site in accordance with Brown Act requirements.
I The Executive Board shall elect a chair and such other officers as it sees fit.The Executive Board may establish procedures for its business and operations, create committees composed of the Party representatives or other persons, and perform such other acts that do not violate the terms of this agreement, the bylaws adopted by the Executive Board or applicable law. 232
9-1-1 Emergency Services and Governance Agreement
2026
J Tenure: In the event of removal, resignation, or death of a voting member of the Executive Board, the entity responsible for appointment of that member shall promptly appoint a successor to fill the position.
K Executive Board Duties
1. The Parties understand and agree that the Executive Board has the responsibility, under this agreement, to make recommendations that affect the costs, nature and scope of the emergency communications services provided to their organizations; recommendations regarding the costs, nature, and scope of the emergency communications services provided to the Parties under this agreement shall be made at Executive Board meetings at which a quorum of voting members is present; all recommendations made by the Executive Board shall be enacted by a vote of the quorum following voting rules set forth in this agreement.
2. From time to time, ECD’s budget may be augmented pursuant to this Agreement to provide special funding as needed for reasons such as, but not limited to, purchase of special or upgraded equipment, replacement of failed equipment, purchase of emergency communications system software and hardware; the Executive Board shall recommend equitable apportionment of such special costs among the Parties, as otherwise provided in this agreement.
3. The Executive Board may recommend that the County, acting through the Board of Supervisors, enter into binding service agreements on behalf of all Parties or it may recommend that a service be referred to the affected Users’ governing bodies for approval before a service is implemented.
4. The Executive Board may make recommendations to the County, through ECD, regarding emergency communications services program and budget-related issues. Executive Board members shall be responsible for providing information on emergency communications services program and budget issues to the Users that they represent.
Users shall present such information to their governing bodies, as they deem appropriate.
5. The Executive Board shall have the responsibility to propose to the Parties fiscal policies that affect the Parties and Users.
6. The Executive Board shall meet at least four times per fiscal year, provided a quorum can be present, to receive reports from the Director or designee on all policy matters pertaining to budget, personnel, equipment, operations, or fiscal issues which could affect costs to Users. The Executive Board may review items presented by 233
9-1-1 Emergency Services and Governance Agreement
2026
the County, items initiated by members of the Executive Board and items initiated by Parties and Users.
7. Notwithstanding the duties of the Executive Board to recommend policies regarding emergency communications services, where services provided or administered by ECD are not used by all the Parties, the representatives of those Parties using the respective services shall have primary responsibility for recommending policies with respect to those services; these policies shall not conflict with the County’s policies or other ECD departmental policies. Any costs of special services shall be the responsibility of the using Party(s). The County will determine policy on unique services used by specified Parties, taking into account their recommendations, made pursuant to this provision.
8. The Executive Board may appoint Standing and Ad Hoc Committee(s) as necessary to advise it on technical matters or to consider special issues.
9. The Executive Board shall provide policy recommendations and input to the ECD Director. Operational decisions on the delivery of 9-1-1 services shall be the sole purview of the County, acting through the Director as provided in Section 2, subsection D of this Agreement.
10. The Executive Board may request financial or performance audit(s) of the ECD, including that the auditor be independent from the County. The costs of an independent financial audit shall be borne, proportionally, by the Parties as specified in this agreement. Upon the Executive Board’s request for an audit, the Emergency Communications Department will cooperate in such audits.
11. Bylaws. The Executive Board may adopt bylaws consistent with this agreement, which may be amended from time to time. These by-laws shall serve as the guiding governance document for the Executive Board in performing its duties under this agreement. In the event of a conflict between the Executive Board’s Bylaws and this agreement, this agreement shall prevail.
1 The Executive Board shall provide 30-day advance notice to the Parties of any scheduled Executive Board meeting at which it will consider a proposal to amend the by-laws.
2 Amendments to the bylaws must be approved by a vote of the Executive Board per the voting requirements in Section 4 of this Agreement.
234
9-1-1 Emergency Services and Governance Agreement
2026
5. OPERATIONS BOARD
A Membership of the Operations Board consists of executives, or their designees, from two law enforcement agencies, two fire protection agencies, and the County of Monterey Sheriff, City of Salinas Police Chief, City of Salinas Fire Chief, and the Director of the County’s ECD, for a total of eight members.
B Representatives of the law enforcement agencies and the fire protection agencies will be selected by their respective Chiefs associations.
C The Parties agree that attendance and full participation by all Operations Board members are crucial. A quorum shall be defined as five voting members. It must include at least one representative from the City of Salinas and at least one law and one fire representative from any agency (the City of Salinas representative may count). Designees shall count towards quorum and must verbally identify themselves during roll-call. A quorum shall be established for each meeting of the Operations Board. After three unexcused absences by any one member of the Operations Board, the entity or entities represented by that member shall appoint a different individual to serve as a member of the Operations Board.
D Each member has one vote; there shall be no weighted voting.
E The affirmative vote by a majority of a quorum of the voting members present at an Operations Board meeting is required for the Operations Board to take action.
F Key responsibilities of the Operations Board include:
1. Creating and tasking internal User Groups to resolve issues, develop protocols; investigate technologies, and address other operational issues associated with emergency communications and dispatch services.
These User Groups may include:
1 Dedicated Fire Dispatch (DFD) subcommittee of the Monterey County Fire Chiefs Association
2 The Monterey County Law Enforcement Agency Association (MCLEAA) subcommittee of the Monterey County Chief Law
Enforcement Officers Association.
3 Other User Groups as needed.
2. Providing recommendations to the Executive Board on operational policies, goals, and operational enhancements, including those that have budgetary implications.
G Meets at least once annually and as needed to provide input and make recommendations on operational issues that impact multiple Parties. Duties
1. The Operations Board may provide operational policy recommendations. 235
9-1-1 Emergency Services and Governance Agreement
2026
2. The Operations Board shall have responsibility to provide recommendations regarding matters pertaining to operating policies that affect multiple Parties.
3. The Operations Board may receive reports from the Director or designee on major operational issues that impact multiple Parties.
4. The Operations Board may review items presented by the County, initiated by members of the Operations Board, and initiated by Users and Parties.
5. Where services are provided or administered by ECD, and are not used by all the Parties, the representatives of those Parties using the respective services shall have primary responsibility for recommending operational policies with respect to those services; these policies shall not conflict with County-wide policies or with ECD departmental policies.
Any costs of special services shall be the responsibility of the using Party(s). County will determine policy on unique services used by specified Parties, taking into account their recommendations, made pursuant to this provision.
6. The Operations Board may appoint Standing and Ad Hoc Committee(s) as necessary to advise it on technical matters or to consider special issues.
7. In advance of addition of new technology or services that increase costs to User Agencies, the Operations Board shall identify and recommend cost sharing and funding mechanisms. This shall include technology and services that are funded by grants but that may have future additional costs such as for maintenance.
8. The Operations Board will recommend to the Executive Board, as it sees fit, programmatic performance audits and reviews of the Emergency Communications Department.
9. Bylaws. The Operations Board may adopt bylaws consistent with this agreement, which may be amended from time to time. These by-laws shall be the guiding governance document for the Operations Board in performing its duties under this agreement. In the event of a conflict between the By-Laws and this agreement, this agreement shall prevail. 1 The Operations Board shall provide 30-days advance notice to the Parties of any scheduled Operations Board meeting at which it will consider a proposal to amend the by-laws.
2 Amendments to Operations Board bylaws must be approved by all members of the Operations Board.
236
9-1-1 Emergency Services and Governance Agreement
2026
6. COUNTY OBLIGATIONS
A The County shall provide 9-1-1 call-taking and dispatch services through ECD, excluding radio infrastructure support and maintenance. The County, through the IT Department, provides radio services through the Agreement for NGEN Services and Governance.
B The County shall provide all answering services for calls made to Users’ nonemergency telephone number (one number per User).
C The County shall dispatch User law enforcement, fire, and in jurisdictions where specific local arrangements apply emergency medical field units and shall provide associated services, including status reporting and activity reports.
D The County, through its Emergency Medical Services (EMS) Agency, contracts separately for ambulance dispatch and transport under the Ambulance Services Agreement. The Emergency Communications Department (ECD) does not dispatch ambulance units under this 9-1-1 Services Agreement, except in jurisdictions where specific local arrangements apply. ECD’s role is limited to initial call-taking, defined as the receipt and processing of telephone calls, including the entry of basic location and incident information into the computer-aided dispatch (CAD) system, followed by the transfer of the call to the designated ambulance dispatch provider. Responsibility for ambulance unit deployment and oversight remains solely with the EMS Agency and the contracted provider under the Ambulance Services Agreement.
E The County shall, upon agreement with the individual Parties, provide responses to urgent or emergency data inquiries made by Users’ field units.
F At the request of a User agency, the County may provide additional public safety call-taking or dispatch-related services beyond the scope of this Agreement. Such services shall be considered upon recommendation by the Operations and Executive Boards and are subject to final approval by the Director of Emergency Communications. All costs for additional services shall be the responsibility of the requesting agency and shall be memorialized in a separate written agreement.
G The County shall provide and maintain all necessary consoles, and telephone systems, located in its communications center(s).
H The County shall operate and maintain the telecommunications systems and associated infrastructure necessary to support the Emergency Communications Department’s 9-1-1 call-taking and dispatch functions.
Equipment and transmission systems that are exclusively used by an individual User agency—such as mobile, portable, base station, or remote radio and data terminals—shall be the sole responsibility of that User agency and 237
9-1-1 Emergency Services and Governance Agreement
2026
maintained at that agency’s expense. This section does not apply to infrastructure or services governed under the Agreement for NGEN Services and Governance.
I County shall coordinate, administer, and maintain all systems defined by the EC Boards to benefit all Parties and Users, including development of standard operating procedures that may include training of Parties’ and Users’ staff to meet their responsibilities. All systems shall be maintained and operated consistent with applicable federal, state, and local laws, rules and regulations such as the State of California Department of Justice and Federal Communications Commission.
J The County, on behalf of all Parties, may pursue grant opportunities and other external funding sources as appropriate. Applications shall be made with authorization from the County Board of Supervisors. Any funds awarded shall be applied to proportionately offset the Parties’ share of applicable project expenses.
K County shall provide technical expertise in emergency communications and dispatch services and as well as associated administrative services such as, but not limited to, human resources, budgeting, auditor, treasurer, and technical support.
L The County shall notify the Executive Board of finalized decisions that may materially affect the cost or delivery of emergency communications services under this Agreement, including implemented salary or benefit adjustments, layoffs, or scheduling impacts such as winter recess. The County shall not disclose pending labor negotiations or confidential matters related to collective bargaining. However, the County will consider feedback from the EC Boards on the operational impacts of such decisions once formally adopted.
M With the approval of the County Board of Supervisors, County shall be the signatory on agreements with third-party vendors for services such as, but not limited to, support of systems required under this agreement.
N The County shall provide appropriate management, supervision, and administrative support for all emergency communications and dispatch services delivered through this Agreement. The EC Boards may make recommendations regarding service enhancements or alternative approaches to support operational efficiency. The County shall consider such recommendations in good faith, consistent with applicable laws, fiscal constraints, and operational requirements.
O The County shall bill to Users all costs associated with providing 9-1-1 emergency call taking, non-emergency call-taking, law enforcement dispatch, fire dispatch, emergency medical dispatch, and other emergency 238
9-1-1 Emergency Services and Governance Agreement
2026
communications or associated services in accordance with Section 13 ofthis agreement.
P The County will support, participate in, and cooperate with financial and programmatic audits and reviews of the Emergency Communications Department as recommended by the Executive and Operations Boards.
Q For direct and indirect costs that County will bill to Users as part of this agreement, County shall provide invoices or other available supporting documents in a timely manner and in accordance with Section 13 ofthis agreement.
R County-requested projects requiring contribution from the Parties shall be submitted by the County, through the Director, to the Executive Board, in advance of incurring costs. The Executive Board shall make recommendations to the County on the projects and costs.
7. RESPONSIBILITIES OF THE USERS AND PARTIES
A Each Party, through its representative on the EC Boards, shall support the effective management and operation of the emergency communications system by providing technical and operational input to inform system design, functionality, and usage. Such input will help ensure the system meets both individual and collective public safety needs, while operational authority remains with the County.
B Each Party shall be responsible for communicating with its constituents and governing bodies about the emergency communications systems.
C Each Party shall, at its own cost, be responsible for the procurement, maintenance, and replacement of its assets that are not System Assets Such assets must be (1) compatible with the systems used by County of Monterey Emergency Communications Department, (2) serve an individual User, and (3) used by that User’s personnel at that Party’s expense. Each Party shall pay all costs associated with those assets.
D Each Party utilizing Mobile Data Communications System (MDCS) services shall, at its own expense, be responsible for the procurement, maintenance, and use of equipment that is compatible with the County’s technology infrastructure in effect at that time and coordinate directly with the County’s Information Technology Department (ITD), and any associated costs shall be borne by the Party. These services and expenses are separate from the emergency communications services and budget administered by ECD.
E The Executive Board, with input from the Operations Board, may recommend to the County cost-sharing formulas on behalf of all Users for additional future emergency communications services provided by the County under 239
9-1-1 Emergency Services and Governance Agreement
2026
this Agreement. This excludes services governed by separate agreements.
F All Parties shall provide information requested by the County or the EC Boards such as device inventory, in a timely manner.
G Each Party shall comply with future requirements as recommended by the EC Boards. This may include but is not limited to required operational agreements, training, or upgrades of systems to comply with state or federal requirements.
H Where applicable and feasible, and at the request of the Executive Board, all Parties shall cooperate in supporting the acquisition of external funding such as grants or earmarks. Parties are not obligated to seek or administer grants independently but may assist when opportunities align with mutual goals or operational needs. If any portion of the emergency communications system is funded through grants, contracts, or earmarks secured by any Party, all Parties shall comply with applicable provisions of such agreements to the extent required. Upon request, the Party awarded the funding shall provide a copy of the relevant documentation to any requesting Party at no cost.
8. TERM AND RENEWAL OF THE AGREEMENT
A The Effective Date of this agreement shall be the date that all Parties have signed the agreement, with the County signing last. Simultaneous to the effective date of the agreement, the County and the Parties agree that the following agreements are revoked and are no longer in effect:
1. All pre-existing 9-1-1 Services Agreements including by-laws, addressing emergency communications and dispatch services in the County of Monterey.
B The initial term of this agreement shall be for three years plus the remainder of the fiscal year that the agreement is executed, unless terminated sooner by mutual consent of all Parties.
1. Any Party seeking to withdraw may do so starting with the end of year three of the agreement and only after providing a two-year advance notice to the Executive Board and to all other Parties as specified in Section 8, subsection G below.
C Upon completion of the initial three-year term, this agreement shall automatically be renewed for successive periods of two years.
D Any Party seeking to withdraw may do so only after providing a two-year (24 months) advance written notice to (1) the Executive Board and (ii) to all other Parties. Notices of intention to withdraw shall be mailed or delivered to (i) each member of the Executive Board and (ii) to each Party at the address identified on the signature pages of this agreement.
E If a Party withdraws pursuant to this Section, the agreement will remain valid for 240
9-1-1 Emergency Services and Governance Agreement
2026
those Parties that have elected to remain party to this agreement and any costs that are shared among the Parties shall be reallocated to reflect proportionate share for the Parties continuing to participate. All costs for the remainder of the fiscal year that a party withdraws in is the responsibility of the withdrawing party.
F In the event of withdrawal by a Party which is providing resources (such as licenses, site, or other resources) to the benefit of all Users, that resource shall be left intact and in service and that Party shall negotiate in good faith with the County and remaining Parties for continuing use of that resource.
G Voluntary Withdrawal.
1. A withdrawing Party shall provide the EC Boards with written notice of intent to withdraw 24 months before the effective date of withdrawal, a written timetable for withdrawal, and a description of the way the withdrawal will be conducted. The withdrawing Party’s plan for withdrawal shall minimize disruption to other Parties and Users. The withdrawing Party shall provide any other appropriate information requested by the EC Boards or the Director, to allow the development of strategies to mitigate disruption to the remaining Users.
2. Such withdrawing Party shall continue to fund its portion of the Emergency Communications budget pursuant to this agreement for 24 months plus the remainder of the fiscal year in which the withdrawal occurs after issuance of its notice of withdrawal.
3. A withdrawing Party shall agree to a buy-out agreement to retire any financial obligations of the withdrawing Party. The Party will remain responsible for any services that will continue to be provided by the County.
4. Upon withdrawal, the withdrawing Party relinquishes all rights to System Assets.
5. A withdrawing Party that is a member of an EC Board shall notify the applicable appointing authority of its intention to withdraw at the same time that it notifies the other Parties of its withdrawal. If a withdrawing Party holds a seat on an EC Board representing other parties, that Party’s seat shall be reassigned immediately upon receipt of the written notice to withdraw.
6. A Party that has withdrawn from its participation in this Agreement shall not be entitled to refund of any costs that it has incurred for the system through to the date of termination.
H Termination for Cause. The County, in consultation with the Executive Board, may terminate the participation of any Party for cause, including a Party’s failure to fully fund or fully pay budgeted costs, as well as any other breach of 241
9-1-1 Emergency Services and Governance Agreement
2026
this agreement (default). Cause for termination includes compliance with any requirement imposed upon the Parties as specified in this agreement.
1. The Termination for Cause process shall include the following steps:
1 Written notice by the Director of the Emergency Communications Department or designee to the Party, with a copy to Executive Board members. Such notice shall advise the Party of the reason for possible termination. The notice shall further advise that the Party may cure its default within 30 days of the notice and thereby avoid termination.
2 If the defaulting Party begins to cure such default, the 30-day cure period will be extended by additional 30-day extensions, for as long as the defaulting Party continues to diligently prosecute such a cure to completion.
3 If the defaulting Party does not cure the default within 30 days, termination of the defaulting Party shall be placed on the agenda for next Executive Board meeting. The Executive Board shall request in writing that the defaulting Party attend that meeting.
The defaulting Party shall be asked to provide either (1) a plan for curing its default or (2) a plan for withdrawal, as detailed below.
4 If the Executive Board finds the defaulting Party’s plan for curing its default unacceptable, the Executive Board may determine by majority vote to recommend to the County that it terminate the defaulting Party’s participation in this Agreement or to take other appropriate measures (e.g. lien).
5 If the Executive Board decides to recommend termination of the defaulting Party from this Agreement, the Executive Board shall provide written notice to the defaulting Party that it recommends to the County that services provided under this agreement be terminated, effective 24 months following the date of delivery of the notice. A copy of the written notice of recommended termination delivered to a defaulting Party shall be provided to County. The County retains final authority and discretion to terminate a defaulting party and to determine the date that services provided under this agreement will be terminated. 6 A Party terminated by the County for cause remains liable for its portion of emergency communications system costs up to the effective termination date, as well as applicable damages, collection costs, and interest.
242
9-1-1 Emergency Services and Governance Agreement
2026
7 The Executive Board may recommend to the County allocation of remaining System Assets among the Parties to the County or it may recommend to the County allowing the terminated Party to retain the value of its System Assets, with the stipulation that use of the system will not be made available to that Party, unless and until the Party agrees to cure all defaults/breaches as set out above.
2. The terminated Party forfeits all other rights.
3. Rights of Remaining Parties. Once the un-depreciated value of the system assets used by the defaulting Party is determined, the Executive Board may recommend to the County reallocating the system value and allocating system costs proportionally among the remaining parties. A Party that has been terminated by the County or that has withdrawn from participation shall not be entitled to refund of any costs that it has incurred for the system to the date of termination.
I Dissolution. This agreement may be voluntarily terminated by the agreement of all the Parties. As part of the termination of this agreement and dissolution of the system, the County, upon recommendation of the Executive Board, shall distribute System Assets in proportion to the contribution made by all Parties.
9. SERVICE QUALITY AND CONDITIONS
A The quality of system services to be provided to all Parties and Users shall, in the absence of explicitly adopted exceptions, be equal to or above established industry standards. The adopted standards and best practices shall be based upon those established by APCO, NFPA, NENA, POST, ISO, CalOES 9-1-1 Branch, and others identified by the EC Boards. In those areas where there are no industry standards, or where the established standard is not appropriate for the County of Monterey, the Director shall recommend standards and advise the EC Boards regarding budgetary, service level and other resources required to meet those standards. The EC Boards shall consider those recommendations and agree to appropriate System standards in good faith.
B Emergency Communications systems performance shall be measured in accordance with those standards developed as indicated above. The Director shall report at least annually to Parties and Users through the EC Boards regarding performance. The EC Boards may review the level of performance being achieved for each agency/User and for the whole operation in comparison to the standards and in comparison, to the levels of performance achieved in previous periods.
243
9-1-1 Emergency Services and Governance Agreement
2026
In reviewing system performance, the EC Boards shall consider staffing, technology, or other limitations impacting the ability to meet standards. The reporting interval may differ for different standards.
C The County, in consultation with the EC Boards, will evaluate the feasibility of accreditation by appropriate accrediting groups, (i.e., CALEA, APCO, etc.), taking into account the investment of County staffing levels and County resources required. Final decision regarding pursuit of accreditation will remain in the sole discretion of the County. The accreditations referred to by this provision of this Agreement do not refer to or include accreditation of the County’s contract ambulance services provider.
D During the budget development process, the Director shall recommend, and the EC Boards shall evaluate, the nature and scope of services to be provided to Users. The Director shall consider requests from Users desiring increased levels of service; such requests may be recommended to the County through the Executive Board.
E Procedures related to dispatch operations will be developed by the Director, with input, as needed, from recognized advisory groups (e.g., Law Chiefs or Fire Chiefs.) Any dispute or conflict regarding a dispatch procedure will first be addressed by the Director to determine if a resolution can be reached. If no resolution can be agreed to by the affected parties, the EC Boards may be consulted, with the final determination of appropriate action to be made by the County, acting through the Director.
F The Director or their designee will promptly investigate all complaints received from any User or member of the public and will respond in a timely manner to the complaining party. The Director shall provide a summary of complaints and their resolution to the EC Boards or individual Users upon request. As Users contract with the County for 9-1-1 services, the handling of complaints is considered a core operational responsibility and will not be subject to routine reporting unless specifically requested. If a User is directly involved in a complaint, the Department will ensure that User is kept informed of any new or relevant information throughout the course of the investigation.
10. ADDITION OF NEW MEMBERS
A Any government organization that is not a party to this agreement on the effective date of this agreement may become a Party upon: (a) the recommendation of the Emergency Communications Department; (b) the recommendation of the Executive Board by majority vote; (c) payment of a pro rata share of all previously incurred costs that the County determines will benefit the requesting organization and are thereby appropriate to assess to the 244
9-1-1 Emergency Services and Governance Agreement
2026
organization; and (d) execution of a written agreement with the County subjecting the requesting organization to the terms and conditions of this agreement. The County may execute an amendment to this agreement to include a new Party.
B The Executive Board may recommend by majority vote, imposing one-time fees upon new Parties to offset costs incurred in previous fiscal years (buy-in fees).
Buy-in fees include but are not limited to facility construction, major equipment purchases, and software. Buy-in fees will be incorporated into the budget for emergency communications services.
C Under special circumstances, such as but not limited to manmade or natural disaster, acts of God, and acts of civil unrest, temporary access to the emergency communications services may be provided to non-Parties. The Director may approve non-party access and notify the EC Boards. Non-Parties may be required by the County to reimburse the County or Parties and Users any costs resulting from temporary emergency access.
11. BUDGET DEVELOPMENT PROCESS
A Program and budget related decisions shall be developed by the County with input from the EC Boards, and ECD staff. The Executive Board will review staff recommendations and provide final recommendations to the County. The County Board of Supervisors shall have final authority over program and budget related decisions.
B The Executive Board shall review the Emergency Communications Department’s annual budget request prior to County’s budget hearings. The County shall provide all relevant information, including information about indirect costs, in a timely manner, allowing sufficient time for the Executive Board to evaluate and make requests for information.
C The Executive Board will advise regarding the Emergency Communications Department budget and service levels to be proposed to the Board of Supervisors and to the Parties’ governing bodies, as applicable, in the form of recommended budgets and augmentation requests, in accordance with procedures established by the County. The Executive Board may provide recommendations to staff working with County service departments in reviewing charges and levels of service provided by the Emergency Communications Department. In the event that the Executive Board does not concur with the County’s Recommended Budget, the Director and the Chair of the Executive Board shall present the Executive Board’s recommendations regarding emergency communications budget and service levels directly to the County Board of Supervisors. Final 245
9-1-1 Emergency Services and Governance Agreement
2026
budget approval regarding budgets and funding of service levels are the responsibility of the County Board of Supervisors.
D The County of Monterey Emergency Communications Department will provide reports on future budgets, current year budget management and cost control, personnel (recruitment, hiring, retention), and special project status on an ongoing and annual basis as requested by the Executive Board.
E County Administrative Office staff will present ECD annual forecasts and recommended budgets for the County Board of Supervisors’ consideration, including information on alternative funding/service levels and Countywide service department charges.
12. 9-1-1 RESERVE ACCOUNT
A The Emergency Communications Department shall regularly report accounting for the 9-1-1 Reserve Account to the Executive Board. As authorized by the County Board of Supervisors, the 9-1-1 Reserve Account will be restricted for expenditures as recommended by the EC boards, with final determination on expenditures to be made by the County and will be maintained in an interestbearing restricted fund, until the funds are expended.
B The purpose of the 9-1-1 Reserve Account is to fiscally support capital expenditures, the future acquisition of major equipment (such as computer systems), and to spread out major expenditures over time, thereby reducing the need for large assessments to the Parties. The 9-1-1 Reserve Account will enable County and the Parties to better prepare budgets and facilitate long term fiscal planning.
C Funds in the 9-1-1 Reserve Account shall be readily accessible to the Emergency Communications Department to use for appropriate expenditures that benefit the Parties and Users.
D The Director shall present 9-1-1 Reserve Account accounting reports to the Executive Board annually or as requested.
E Accumulation of interest in the 9-1-1 Reserve Account will accrue to the benefit of the emergency communications dispatch fund.
13. STANDARD COST SHARING PLAN FOR PARTIES AND USERS
A Until such time that the Department of Emergency Management (DEM) establishes the Emergency Notification Governance and Financing Agreement, Emergency Notification System fees may be billed by the County.
1. DEM, as the administrator of the system, must seek annual approval from the ECD Executive Board to authorize this charge.
2. All other payment provision in this agreement shall apply. 246
9-1-1 Emergency Services and Governance Agreement
2026
B ECD will invoice each Party separately, either annually, biannually, or quarterly for fees for Dispatch Services, Inform Mobile Licensing, and other special charges to Parties and Users and may include administrative fees that will be recovered to support dispatch operations when invoices are sent for nondispatch/call-taking services (i.e. NGEN & Emergency Notification System).
County will consult with the Executive Board at least 10 days before the start of each fiscal year regarding the frequency of billing and methodology of billing to actual expenses or budgeted expenses per subsection 1 below. The County, through ECD, may exercise its discretion in the timing of invoicing, in order to maintain adequate reserves in the special revenue fund dedicated to provision of 9-1-1 services.
1 In consideration of the foregoing, each Party will pay to the County, on an annual, biannual, or quarterly basis, an amount derived by the formula set forth below based on the year-to-date actual costs or budgeted costs.
2 Invoices shall be sent via email to the email address listed in the signature block of this Agreement. Invoices will be mailed via certified mail ONLY at the written request of the Party or User Agency to the ECD. This mailing address and email address may be changed only with written notice to ECD. An email to the current Director will suffice. 3 The funding formula for user agencies may include 5.0% of the County of Monterey’s total Proposition 172 revenue from the two-year prior audited actual Proposition 172 revenue to offset the total charges incurred by all Parties to this agreement as determined annually by the County of Monterey Board of Supervisors during the budget process.
4 ECD may provide administrate support, including invoicing, to the Parties of this Agreement and may collect fees for this support. 5 The Countywide Cost Allocation Plan will be utilized to capture and bill the indirect costs incurred by the County which are associated with the operations of the County of Monterey Emergency Communications Department.
(remainder of page intentionally left blank)
247
9-1-1 Emergency Services and Governance Agreement
2026
C Formula Definitions:
A
Actual or budgeted cost of dispatch service (Source: County of Monterey Auditor/Controller’s expenditure or budget report for the Billing Period.) B
Revenues from Miscellaneous Agencies, Administrative Fees, offsetting fund balance, other revenues from entities who are not party to this Agreement including the Ambulance Provider and reimbursements from the State of California.
C Actual or Budgeted Annual cost subject to percentage distribution.
D Most recently available total assessed valuation of real property of the Party per County Assessor.
(Source: “County of Monterey Tax Rates” for the Billing Year.) E Most recently available assessed valuation of real property in the County of Monterey less the assessed valuation of real property attributed to organizations not receiving direct dispatch services. (Source: “Monterey County Tax Rates” per County Assessor for the billing year.) F Most recently available resident population of each Party. (source: for county and cities, “State of California Department of Finance Data” for the billing year and for Fire Districts, “Inventory of Local Agencies” as provided by the Local Agency Formation Commission for the County of Monterey.)
G Most recently available total population of the County of Monterey, less the population of agencies not receiving direct dispatch services. (Source: for county and cities, “State of California Department of Finance Data” and for Fire Districts, “Inventory of Local Agencies” as provided by the Local Agency Formation Commission for the County of Monterey.) H Annual Workload total for each Party from the most recently available calendar year. (Source: Workload totals compiled by the County of Monterey Emergency Communications Department, following review by the Operations Board.)
I Annual Workload total for all law enforcement, fire, special emergency, and other emergency response units for the most recently available calendar year. (Source: Workload totals compiled by the County of Monterey Emergency Communications Department, following review by the Operations Board.)
J Party net percentage (Derived by applying equal weight to Party Percentage of Assessed Valuation, Resident Population and Dispatch Workload.) For Fire Districts and Fire Only Users this net percentage is multiplied by 10%.
Effective July 1, 2026:
• Current Parties to this Agreement who transition to Fire-Only service will no longer be eligible for the 10% multiplier.
Miscellaneous Agencies will continue to not be eligible. • New Parties joining the Agreement after July 1, 2026, that provide both Law and Fire services will also not be eligible for the 10% multiplier. Miscellaneous Agencies will continue to not be eligible.
K Party Gross Bill.
L Party’s Prop 172 offset shall be computed by taking the Party’s original billing and dividing that by the total billing of all Parties subject to Prop 172 reduction, which is a percentage of the total billing. That percentage is multiplied by the total gross Prop 172 amount to derive the individual Party’s percentage share of the Prop 172 funding. 248
9-1-1 Emergency Services and Governance Agreement
2026
D Cost Allocation Formula:
E In addition to the foregoing formula, the County may, after consultation and recommendations with the EC Boards, augment the formula on a pro rata basis to include provisions of special funding for any purpose such as, but not limited to, adding to the 9-1-1 Reserve Account, supporting needed projects to replace software, hardware, dispatch furniture, major building repair, etc. Withdrawals from the 9-1-1 Reserve Account shall be recommended to the County through the Executive Board.
F The County may consult with the Executive Board and may choose to select other source documents to replace those defined in the Formula Definitions above if the County determines that the new documents provide more accurate information.
G The Workload component of the billing formula will be annually reviewed as part of the budget process. Changes to the Workload component may be recommended to the County by the Executive Board, which changes may be implemented by the County, in its discretion, as appropriate.
H Delinquency. If a Party does not pay its fees for service as set forth above on or before the Due Date, the amount unpaid shall be deemed delinquent. A “Delinquency Fee” in the amount of five percent (5 %) of the delinquent amount shall be added to the amount owed and charged to the Party. The delinquency fee shall be applied to the amount owed (the amount owed includes any previously added delinquency fee) every 30 days until such time the bill is paid in full. If a Party does not pay the delinquent amount and any delinquency fee within 90 calendar days from the original due date from the first invoice, the County is authorized to withhold and offset from any lawful source whatsoever otherwise due to the Party, including the regular apportionment of property tax revenue, an amount sufficient to satisfy the delinquent amount and delinquency fees.
249
9-1-1 Emergency Services and Governance Agreement
2026
I Billing Dispute: If a Party disputes any portion of an invoice issued under this agreement, it shall notify the County in writing within 15 calendar days of receipt. The notice must include sufficient detail for the County to review and respond. The County shall provide the requested information within 15 calendar days of receiving the notice. If the County is unable to respond within 15 calendar days, the disputing Party shall be relieved of any delinquency fees or penalties on the disputed amount until 15 calendar days after the County provides the requested information. The Party shall pay all undisputed amounts by the original due date. If the dispute remains unresolved after the County’s response, the matter may be escalated to the Executive Board for recommendation. No delinquency fees shall be assessed on the disputed amount while the matter is pending Executive Board review, provided the dispute was submitted in good faith and in compliance with this section. Once the Executive Board has issued a recommendation, the County shall make a final determination in good faith based on that recommendation. Delinquency fees, if any, shall only apply beginning 15 calendar days after the final determination is issued.
14. PAYMENT PROVISIONS FOR MISCELLANEOUS AGENCIES
A ECD shall invoice each Miscellaneous Agency in alignment with the invoicing schedule as outlined in Section 13, subsection B of this Agreement.
B The formula to determine costs is as follows:
Formula Definitions:
A Miscellaneous Agency Workload for the last available calendar year (Source: Workload totals compiled by the County of Monterey Emergency Communications Department, following review by the Operations Board.)
B Annual Workload total for the most recently available calendar year for all law enforcement, fire, special emergency, and other emergency response units for the billing period. (Source: Workload totals compiled by the County of Monterey Emergency Communications Department, following review by the Operations Board.)
C Miscellaneous Agency net percentage
D Actual or budgeted cost of dispatch service (Source: County of Monterey Auditor/Controller’s expenditure or budget report for the Billing Period.) E Charge to the Miscellaneous Agency for the billing year.
Cost Allocation Formula for Miscellaneous Agencies:
250
9-1-1 Emergency Services and Governance Agreement
2026
C In addition to the foregoing formula, the County may, after consultation and recommendations with the EC Boards, augment the formula on a pro rata basis to include provisions of special funding for any purpose such as, but not limited to, adding to the 9-1-1 Reserve Account, supporting needed projects to replace software, hardware, dispatch furniture, major building repair, etc. Withdrawals from the 9-1-1 Reserve Account shall be recommended to the County through majority vote of the Executive Board.
D The County may consult with the Executive Board and may choose to select other source documents to replace those defined in the Formula Definitions above if the County determines that the new documents provide more accurate information.
E The County of Monterey Emergency Communications Department shall bill each Miscellaneous Agency with the same timing as the other Parties to this Agreement.
F Delinquency. If a Miscellaneous Agency does not pay its fees for service as set forth above on or before the Due Date, the amount unpaid shall be deemed delinquent. A “Delinquency Fee” in the amount of five percent (5 %) of the delinquent amount shall be added to the amount owed and charged to the Miscellaneous Agency. The delinquency fee shall be applied to the amount owed (the amount owed includes any previously added delinquency fee) every 30 days until such time the bill is paid in full. If a Miscellaneous Agency does not pay the delinquent amount and any delinquency fee within 90 calendar days from the Due Date of the original invoice, the County is authorized to withhold and offset from any lawful source whatsoever otherwise due to the Miscellaneous Agency, including the regular apportionment of property tax revenue, an amount sufficient to satisfy the delinquent amount and delinquency fees.
G Billing Dispute: If a Miscellaneous Agency(s) dispute payment owed to County, each Miscellaneous Agency shall notify County within 15 calendar days of its receipt of its invoice. This notice shall include sufficient details about the dispute for County to review and act. County shall provide any requested information within 15 calendar days. If County is unable to respond within 15 calendar days, the Miscellaneous Agency disputing the billing shall be relieved of any delinquency payment until 15 days after the information is provided.
15. ONGOING USE OF 9-1-1 DISPATCH CENTER
A As provided in the Agreement for the Construction and Funding of a Consolidated Dispatch Center for 9-1-1 emergency communications, effective on July 1, 2001, County shall provide the land located at 1322 Natividad Road, 251
9-1-1 Emergency Services and Governance Agreement
2026
Salinas at no cost to the Parties and Users for the duration of its use for the purposes set forth in that agreement and in this agreement.
B The County shall permit ECD to provide the Users emergency communications and dispatch services from the 9-1-1 Dispatch Center of the consolidated Emergency Services Center including its equipment, fixtures, and furnishings for the period of time that the facility is used for 9-1-1 dispatch services.
C The County and the Parties shall be jointly responsible for costs of maintenance of the 9-1-1 Dispatch Center.
16. RECORDS AND CONFIDENTIALITY
A Confidentiality: County and the Parties and Users and their officers, employees, agents, and subcontractors shall comply with all federal, state, and local laws which provide for the confidentiality of records and other information. No Party shall disclose any confidential information, any confidential records, or other confidential information received from any Party to this agreement or prepared in connection with the performance of this agreement, unless the other Party specifically permits such disclosure of records or information. All requests for disclosure of confidential information shall be promptly transmitted to the owner of the information. Notwithstanding these duties of confidentiality, the Parties acknowledge that the Parties and the County are government agencies subject to the California Public Records Act, which requires disclosure of public records subject to exceptions. The Parties and the County will mutually cooperate to comply with the California Public Records Act disclosure obligations, consistent with these confidentiality obligations.
B Maintenance of Records: The County shall prepare, maintain, and preserve all reports and records that may be required by federal, state, or local rules and regulations related to services performed under this agreement. The County shall maintain such records in accordance with the provisions of the County and ECD Record Retention policies. The Parties shall maintain such records inaccordance with their records retention policies. If any litigation, claim, negotiation, audit exception, or other action relating to this agreement is asserted, the County and the Parties shall retain such records until such action is resolved.
17. COUNTY INDEMNIFICATION OF PARTIES AND PARTIES’ WAIVER OF CLAIMS
AGAINST THE COUNTY
A County hereby agrees to indemnify and hold harmless each Party, its officers, agents, employees, and authorized volunteers from any and all claims, demands, judgments or decrees made or rendered against each Party, its officers, agents or employees by reason of any injury, death or damage suffered or sustained by 252
9-1-1 Emergency Services and Governance Agreement
2026
any person or entity caused by, or alleged to have been caused by or arising out of the provision of the emergency communications services by the County as set forth in this agreement.
B Further, County, at its own cost, expense and risk, shall defend any and all suits, actions, or other legal proceedings arising from the provision of emergency communications services by the County pursuant to this agreement that may be brought or instituted by third parties against each Party, its officers, agents, employees, or authorized volunteers, and shall pay and satisfy any judgment or decree that may be rendered against each Party, its officers, agents or employees in any such suit, action, or other legal proceedings. Each Party agrees to promptly notify County of any suit, action, or other legal proceeding asserted against it by third parties which arises from the provision of emergency communications services as specified in this agreement and each Party agrees to cooperate with County in the defense of such claims.
C In return for and in recognition of County’s acceptance of liability, as set forth above, each Party agrees that it will not sue, make any demand or claim, or otherwise prosecute or assert liability against the County for any claim, demand, judgment, or decree of any nature caused by or arising out of the provision of the emergency communications services by the County set forth in this agreement. This waiver of liability against the County by the Parties applies to claims, demands, judgments or decrees which are asserted by third parties and to claims, demands, judgments or decrees which could be asserted by the Parties against the County.
D Survival of Indemnification and Waiver of Liability Obligations
1. The indemnification and defense obligations assumed by County and the waiver of liability against the County agreed to by the Parties, established above, shall survive the termination of this agreement, the withdrawal of any Party from this Agreement, and the termination of any Party from this Agreement. These obligations and the waiver of liability shall extend to the expiration of the statute of limitations applicable to any claims arising from this agreement and the provision of emergency communications services pursuant to this agreement.
18. INSURANCE
A Without limiting the foregoing indemnification, all Parties shall maintain in force at all times during the performance of this agreement, a policy or policies of insurance as follows, and in the minimum limits of liability as stated herein:
B Comprehensive general liability, including but not limited to premises, personal 253
9-1-1 Emergency Services and Governance Agreement
2026
injuries, products, and completed operations for combined single limit of not less than $1,000,000 per occurrence.
C Comprehensive automobile liability, including but not limited to property damage, bodily injury, and personal injuries for combined single limit of notless than $1,000,000 per occurrence.
D Workers’ Compensation covering statutory requirements of the State of California and Employer’s Liability of not less than $1,000,000 per occurrence.
E In the event any Party is lawfully self-insured in any or all of the aforementioned insurance areas, upon the request of a Party a letter certifying those areas of coverage, and in the minimum amounts as set forth in this agreement, shall be furnished to the requesting party prior to execution of this agreement.
F Except with respect to Workers’ Compensation insurance, each Party maintaining commercial insurance or excess insurance shall provide an endorsement naming the County, its officers, agents, and employees as additional insureds and shall provide that such commercial insurance is primary to any other commercial insurance maintained by the County; and the County shall, under any commercial insurance or excess insurance itmaintains, provide an endorsement naming each Party, its officers, agents, and employees as additional insureds and shall provide that such commercial insurance is primary to any other commercial insurance maintained by each Party.
19. GENERAL PROVISIONS
A Amendment. This agreement may be amended or modified only by an instrument in writing signed by all the Parties hereto; except for an Amendment of adding a new Party as described in Section 10 of this Agreement.
B Effect on Existing Agreements:
1. Agreement for 9-1-1 Emergency Communications Dispatch Services (the City and Fire District 9-1-1 Service Agreement): Upon final execution of this agreement by the County and all Parties, the 9-1-1 Service Agreement executed by the County in 2020 and any amendments to that agreement shall terminate and shall no longer be of any force or effect.
2. Agreement for 9-1-1 Emergency Communications Dispatch Services for Miscellaneous Agencies (the miscellaneous agency 9-1-1 Service Agreements): Upon final execution of this agreement by the County and miscellaneous agencies, the 9-1-1 Service Agreement executed by the County in 2020 and any amendments to that agreement shall terminate and shall no longer be of any force or effect.
254
9-1-1 Emergency Services and Governance Agreement
2026
C Waiver. Any waiver of any terms and conditions hereof must be in writing and signed by the Parties hereto. A waiver of any of the terms and conditions hereof shall not be construed as a waiver of any other terms or conditions in this agreement.
D Successors and Assigns. This agreement and the rights, privileges, duties, and obligations of the Parties hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the Parties and their respective successors, permitted assigns, and heirs.
E Assignment. No Party may assign, sell, or otherwise transfer its interest or obligations in this agreement without the prior written consent of the County upon the recommendation of the Executive Board. Any organization wishing to participate in this system shall participate through this agreement and may not participate through agreements with other participating agencies. Any such purported assignment is null and void.
F Compliance with Applicable Law. The Parties shall comply with all applicable federal, state, and local laws and regulations in performing this agreement.
G Severability. If any part, term or provision of this agreement shall be held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this agreement, the validity of the remaining portions or provisions shall not be affected thereby.
H Heading. The section and paragraph headings are for convenience only and shall not be used to interpret the terms of this agreement.
I Time is of the Essence. Time is of the essence in each and all of the provisions of this agreement.
J Governing Law. This agreement shall be governed by and interpreted under the laws of the State of California. Venue of any dispute arising from this agreement shall be in the Superior Court of California, in the County of Monterey.
K Construction of Agreement. The Parties agree that each Party has fully participated in the review and revision of this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this agreement or any amendment hereto.
L Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
M Authority. Any individual executing this agreement on behalf of a Party represents and warrants hereby that he or she has the requisite authority to 255
9-1-1 Emergency Services and Governance Agreement
2026
enter into this agreement on behalf of such Party and to bind the Party to the terms and conditions of the same.
N Integration. This agreement, including the exhibits hereto, shall represent the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the Parties as of the effective date hereof.
O Change of Address. The mailing addresses, email addresses, phone numbers, and Party contacts may change and it is the responsibility of the Parties to notify the County as specified in paragraph (P) within ten days of said change.
P Notices. Notices required under this agreement shall be emailed or delivered personally or by first-class, postage pre-paid mail as follows:
COUNTY OF MONTEREY
Director of Emergency Communications
1322 Natividad Road
Salinas, CA 93906
831.769.8880 [email protected]
256
9-1-1 Emergency Services and Governance Agreement
2026
IN WITNESS WHEREOF, the COUNTY and each of the Agencies have caused this agreement to be executed by their duly authorized representative as of the day and year written above.
COUNTY OF MONTEREY:
Name (printed)
Signature:
Date:
Director of Emergency Communications
Address:
APPROVED AS TO FORM:
Name (printed)
Signature:
Date:
Deputy County Counsel
APPROVED AS TO FISCAL PROVISIONS:
Name (printed)
Signature:
Date:
Auditor-Controller
257
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Carmel-by-the-Sea
Duly Authorized Representative
Name (printed)
Signature:
Date:
Title
Mailing Address:
Email:
258
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Del Rey Oaks
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
259
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Gonzales
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
260
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Greenfield
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
261
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of King
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
262
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Marina
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
263
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Monterey
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
264
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Pacific Grove
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
265
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Salinas
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
266
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Sand City
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
267
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Seaside
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
268
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
City of Soledad
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
269
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
Monterey County Regional Fire Protection District
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
270
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
Monterey Peninsula Airport District
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
271
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
North County Fire Protection District of Monterey County Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
272
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
Big Sur Volunteer Fire Brigade
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
273
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
Mid-Coast Fire Brigade
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
274
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
California State University, Monterey Bay
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
275
Parties (one per page)
9-1-1 Emergency Services and Governance Agreement
2026
Correctional Training/ Salinas Valley State Prison
Duly Authorized Representative
Name (printed)
Title
Signature:
Date:
Mailing Address:
Email:
276