HomeMy WebLinkAbout26-035.00 Spokane Regional Broadband Development Authority ILA - BroadlincAN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND THE
SPOKANE REGIONAL BROADBAND DEVELOPMENT AUTHORITY REGARDING
NECESSARY OPEN ACCESS BROADBAND INFRASTRUCTURE, SERVICES DELIVERY
ENHANCEMENTS AND DIGITAL EQUITY SOLUTIONS
THIS INTERLOCAL AGREEMENT (this "Agreement") is entered into this 3rd day
of February , 2026 (the "Effective Date") by and between the CITY OF SPOKANE
VALLEY, a Washington State municipal corporation, having offices for the transaction of business at
10210 E Sprague Ave, Spokane Valley, WA 99206, United States (as the "CITY"), and the
SPOKANE REGIONAL BROADBAND DEVELOPMENT AUTHORITY, a quasi -municipal
corporation created pursuant to RCW 35.21.730-.755, having offices for the transaction of business at
4420 East 8'' Ave, Spokane Valley, WA 99212 (as "BROADLINC"), who are hereinafter referred to as the
"PARTIES."
WITNESSETH:
WHEREAS, the CITY OF SPOKANE VALLEY is a State of Washington non -charter code CITY
organized and existing under the Constitution and laws of the State of Washington; and
WHEREAS, Spokane County, acting through the Board of County Commissioners, approved
Resolution 2022-0845 on December 13, 2022, which is attached hereto as Exhibit A and incorporated
herein by this reference, which created the Spokane Regional Broadband Development Authority to
(i) oversee the acquisition of broadband assets/infrastructure, as lead or co -applicant (where most
appropriate), on behalf of member cities and towns of Spokane County, (ii) administer broadband assets/
infrastructure for shared use and benefit with the participating cities, towns and areas, and (iii)
insure necessary broadband infrastructure and services delivery enhancements; and
WHEREAS, Resolution 2022-0845 also adopted BROADLINC's charter (the "Charter"), which is
attached hereto as Exhibit B and incorporated herein by this reference, authorized the creation of
corporate bylaws, and established a Board of Directors to govern its affairs; and
WHEREAS, the PARTIES recognize the need to promote digital equity and inclusion that aims to
ensure all people and communities have skills, technology and capacity needed to reap the full
benefits of our digital economy; and
WHEREAS, Resolution 2022-0845 and the Charter anticipate that various cities and towns will
enter into interlocal agreements with BROADLINC for the sole purpose of planning, creating and
maintaining regional broadband infrastructure capacity and service delivery expansion to such entities;
and
WHEREAS, Chapter 39.34 RCW (the "Interlocal Cooperation Act") permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate on the basis of
mutual advantage; and
WHEREAS, it is the desire of BROADLINC to enter into this Agreement with the CITY to
assist BROADLINE in the administration, coordination, implementation, and deployment of
broadband infrastructure and access within Spokane County. The purpose of such actions is to
encourage, foster, develop, and improve affordable, quality broadband accessibility for
underserved, and unserved communities and populations including those where there is
demonstrated digital equity needs; as set forth in this Ag reement; and
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City of Spokane Valley / BROADLINC Page 1 of 8
WHEREAS, the PARTIES have entered into this Agreement in consideration of the mutual benefits to
be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation
Act.
NOW, THEREFORE, the PARTIES hereby agree as follows:
SECTION NO.1: PURPOSE
The purpose of this Agreement is to allow BROADLINC to coordinate with the CITY in the development
of strategies and plans that encourage, foster, develop, and improve affordable, quality broadband
accessibility for underserved, and unserved communities and populations in Spokane County.
SECTION 2: RESPONSIBILITIES OF THE PARTIES
2.1 CITY's Responsibilities: The CITY's obligations under this Agreement are to: (1) designate a
primary point of contact for BROADLINC Executive Director; (2) coordinate the selection for
the board position on the BROADLINC board from towns/cities having recorded populations
over 50,000, as determined by the most recent US Census, which board membership shall be
otherwise governed by BROADLINC's Charter and bylaws; and (3) inform BROADLINC of
broadband and digital equity related activities, including private internet service providers
communicating with the City in conjunction with the broadband efforts. The CITY, within its
sole discretion, shall determine the appropriate legislative or administrative action to effectuate
the foregoing commitments.
2.2 BROADLINC's Responsibilities: BROADLINC's obligations are based on the responsibilities
enumerated in the Resolution 2022-0845, Charter and its bylaws, and include the following:
a) Oversee assets of BROADLINC. Additionally, and upon mutual agreement by the
PARTIES, the CITY may convey, lease, and/or allow joint use of CITY owned broadband
infrastructure to BROADLINC.
b) Oversee and administer any grant awards in conjunction with other joint applicants and/or
subrecipients.
c) Oversee the Operating Entity for service delivery of Dark Fiber owned by BROADLINC.
d) Oversee BROADLINC's budget and ensure Third Party Entities timely receive appropriate
revenues.
e) Pursue ongoing applicable funding, grants, and loans and other customary businesses
opportunities for enhanced broadband service delivery in infrastructure enhancement and
assurance of Digital Equity and Inclusion.,
f) Oversee the expansion of BROADLINC though the inclusion of additional participating
municipal corporations, public entities, or municipalities (i.e. cities, towns, municipal
corporations, public utility districts, quasi -municipal corporations, and special purpose
districts) via Interlocal Cooperation Agreement(s).
g) Lead strategic direction for broadband delivery, infrastructure and enhancing for the region,
with the State Broadband Office, Federal units, and private sector integrations.
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h) Participate, as appropriate, in public/private partnerships discussion, such as franchise
agreements related to the broadband industry within Spokane County.
i) BROADLINC shall submit a yearly budget, annual report of actuals and revenue proforma to
CITY.
SECTION NO.3: DURATION
This Agreement shall take effect on the Effective Date and shall continue unless one or all of the PARTIES
give notice of termination as provided for in Section 9 of this Agreement, or unless BROADLINC terminates
pursuant to Resolution 2022-0845, its Charter or State law
SECTION NO.4: COMPENSATION
There shall be no direct compensation to or from either party.
SECTION NO.5: RELATIONSHIP OF THE PARTIES
The PARTIES' relationship is set forth in the Recitals of Spokane County Resolution 2022-0845, which is
attached hereto as Exhibit A.
SECTION NO.6: LIABILITY
6.1 BROADLINC hereby agrees to indemnify and hold harmless the CITY, its officers, and
employees from any and all claims, actions, causes of action, judgments, or liens occasioned by
or arising out of BROADLINC's negligence or BROADLINC's failure to comply with applicable
laws in BROADLINCs performance of this Agreement (except for any willful misconduct or
negligence of the CITY and except for matters for which the CITY has agreed to indemnify
BROADLINC hereunder) and to defend for and on behalf of the CITY, its officers and
employees, at its own expense, any such claim or cause of action, and, in the event of recovery
thereon, to pay any judgment or lien arising therefrom, including any and all costs as a part
thereof.
6.2 The CITY hereby agrees to indemnify and hold harmless BROADLINC, its officers and
employees from any and all claims, actions, causes of action, judgments or liens occasioned by or
arising out of the CITY's negligence or the CITY's failure to comply with applicable laws in the
CITY's performance of this Agreement (except for any willful misconduct or negligence of the
CITY and except for matters for which BROADLINC has agreed to indemnify the CITY
hereunder), and to defend for and on behalf of BROADLINC, its officers and employees, at its
own expense, any such claim or cause of action, and, in the event of recovery thereon, to pay any
judgment or lien arising therefrom, including any and all costs as a part thereof.
6.3 As BROADLINC's activities, operations, and assets change, the BROADLINC agrees to acquire
and maintain appropriate insurance, including but not limited to public liability insurance and
errors and omissions insurance, in an amount as specified by the CITY and approved by the
appropriate CITY department sufficient to cover potential claims that may arise from or be
related to BROADLINC's projects or activities. BROADLINC agrees to name the CITY as an
additional insured on such insurance policies.
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6.4 Pursuant to state law, the PARTIES expressly understand and agree that any obligation or
liability arising out of and/or incurred by either party by reason of this Agreement, or the carrying
out of any activity in connection therewith, shall be satisfied exclusively from the assets and
credit of the party incurring such liability or obligation, and no creditor or any other person or
entity shall have any recourse to any of the assets, credit, or services of the CITY or Spokane
County on account of any debts, obligations, or liabilities of BROADLINC. No member of the
Board, other officer, employee or agent of BROADLINC shall be individually and personally
liable on any obligation assumed by BROADLINC by this Agreement, nor shall any Board
member, other officer, employee or agent be individually and personally liable on any obligation
assumed by the CITY by this Agreement.
SECTION NO.7: NOTICES
All notices shall be in writing and served on the other party either personally or by certified mail, return
receipt requested. Notices sent by certified mail shall be deemed served when deposited in the United States
mail, postage prepaid.
CITY: City Manager or Designee
CITY OF SPOKANE VALLEY
10210 E Sprague Ave
Spokane Valley, WA 99206, United States
BROADLINC: Executive Director
BROADLINC Public Development
4420 East 81 Ave
Spokane Valley, WA 99212
SECTION NO.8: ANTI -KICKBACK
No officer or employee of either party hereto, having the power or duty to perform an official act or action
related to this Agreement, shall have or acquire any interest in the Agreement, or have solicited, accepted or
granted a present or future gift, favor, service or other thing of value from or to any person involved in the
Agreement.
SECTION NO.9: TERMINATION
Except as otherwise contemplated by Section 3 above, there shall be no specific termination date applicable
to this Agreement. However, either party may, solely within its own discretion, terminate this Agreement
with one hundred and eighty days' notice to the non -terminating party.
SECTION NO.10: MISCELLANEOUS
10.1 Non -Waiver: No waiver by either party of any of the terms of this Agreement shall be construed
as a waiver of the same or other rights of that party in the future.
10.2 Headings: Headings are inserted for convenience of reference only and are not to be deemed part of
or to be used in construing this Agreement.
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10.3 Entire Agreement: This Agreement contains the entire understanding of the PARTIES. No
representation, promises, or agreements not expressed herein have been made to induce either party
to sign this Agreement.
10.4 Modification: No modification or amendment to this Agreement shall be valid until put in writing
and signed with the same formalities as this Agreement.
10.5 Assignment: This Agreement shall be binding upon the PARTIES, their successors and assigns.
Neither party may assign, transfer, or subcontract its interest in this Agreement without the written
approval of the other party.
10.6 Severability: In the event any portion of this Agreement should become invalid or unenforceable,
the rest of the Agreement shall remain in full force and effect.
10.7 Compliance With Laws: The PARTIES shall observe all federal, state and local laws, ordinances
and regulations, to the extent that they may be applicable to the terms of this Agreement.
10.8 Non -Discrimination: No individual shall be excluded from participation in, denied the benefit of,
subjected to discrimination under, or denied employment in the administration of or in connection
with this Agreement because of age, sex, race, color, religion, creed, marital status, familial
status, sexual orientation, national origin, the presence of any sensory, mental or physical disability,
or use of a service animal by a disabled person.
10.9 Venue: This Agreement shall be under the laws Washington State. Any action at law, suit in equity
or judicial proceeding regarding this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
10.11 Counterparts: This Agreement may be executed in any number of counterparts, each of which,
when so executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
10.12 Undefined or Conflicting Terms: Any capitalized terms that are otherwise undefined herein shall
take the meaning assigned in the attached Resolution 2022-0845 or Charter. In the event of a conflict
between the terms of this Agreement and Resolution 2022-0845 or the Charter; Resolution 2022-
0845 shall control, the Charter shall be second in priority followed by this Agreement.
SECTION NO.11: RCW 39.34 REQUIRED CLAUSES
11.1 Purpose: See Section No. 1 above.
11.2 Duration: See Section No. 3 above.
11.3 Organization of Separate Entity and its Powers: No new or separate legal or administrative entity
will be created to administer the provisions of this Agreement.
11.4 Responsibilities of the Parties: See Section No. 2 above.
11.5 Agreement to be Filed: The CITY shall file this Agreement with its CITY Clerk or place it on its
web site or other electronically retrievable public source.
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11.6 Financing: To the extent applicable, each party shall be responsible for the financing of its
contractual obligations under its normal budgetary process.
11.7 Termination: See Section No. 9 above.
11.8 Property Upon Termination: Title to all property acquired by BROADLINC under this
Agreement shall remain with BROADLINC, unless otherwise provided for in Ordinance No. 2022-
0845 or as otherwise agreed to by the PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed as of the Effective
Date first written above.
CITY OF SPOKANE VALLEY
John Hohman
City Manager
Attest: Approved as to form:
11A 114��
Marci vatterson ell onkright
City Clerk Ci ttorney
BROADLINC
By: '444 t�
Its: Arian E. Schmidt, Executive Director
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EXHIBIT A
(County Resolution 2022-0845)
Interlocal Agreement February 2026
City of Spokane Valley / BROADLINC Page 7 of 8
RESOLUTION NO.2 2- 0 0 4 5
A RESOLUTION CREATING SPOKANE REGIONAL BROADBAND
DEVEOPMENT AUTHORITY (BROADLINC); APPROVING A
CHARTER THEREFOR; ESTABLISHING A BOARD TO GOVERN
THE AFFAIRS OF BROADLINC; PROVIDING HOW BROADLINC
SHALL CONDUCT ITS AFFAIRS; AND OTHER MATTERS
RELATING THERETO.
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane
County, Washington is a class A county duly organized and existing ("Spokane County"); and
WHEREAS, pursuant to the provisions of the Revised Code of Washington ("RCW")
36.01.030, the powers of Spokane County can only be exercised through the Board of County
Commissioners of Spokane County, Washington ("Board of County Commissioners"); and
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), Spokane County, acting
through the Board of County Commissioners has the care of county property and the management
of county funds and business; and
WHEREAS, pursuant to the provisions RCW 43.330.530 through RCW43.330.538,
Spokane County may coordinate with local governments, tribes, public and private entities,
nonprofit organizations, and consumer -owned and investor -owned utilities to develop strategies
and plans promoting deployment of broadband infrastructure and greater broadband access, while
protecting proprietary information. The purpose of such actions being to encourage, foster,
develop, and improve affordable, quality broadband accessibility for underserved, and unserved
communities and populations in Spokane County; and
WHEREAS, the Spokane County recognizes that Digital Equity Act provides $2.75
billion to establish three grant programs that promote digital equity and inclusion which aim to
ensure that all people and communities have the skills, technology, and capacity needed to reap
Page 1 of 5
the full benefits of our digital economy. The Act is a necessary component of broadband access
for constituents within incorporated and unincorporated areas of the Spokane County; and
WHEREAS, Spokane County, acting through the Board of County Commissioners,
desires to create a public development authority that will (i) oversee acquisition of broadband
assets/infrastructure, as lead or co -applicant (where most appropriate), on behalf of member cities
and towns of Spokane County, (ii) administer broadband assets/infrastructure for shared use and
benefit with the participating cities, towns and areas, and (iii) insure necessary broadband
infrastructure and services delivery enhancements are available; and
WHEREAS, Spokane County anticipates that various cities and towns will enter into
interlocal cooperation act agreements with the Public Development Authority created by this
document for the sole purpose of regional broadband infrastructure capacity and services delivery
expansion to such entities; and
WHEREAS, the Board of County Commissioners of Spokane County, Washington, is
desirous of considering the creation of a public development authority as authorized under RCW
35.21.730 through RCW 35.31.759 for the hereinabove purposes and finds the adoption of this
Resolution will further the, general public health, safety, welfare and economic development
opportunity.
NOW, THEREFORE, BE IT ORDERED AND RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF SPOKANE COUNTY, STATE OF WASHINGTON,
PURSUANT TO THE PROVISIONS OF RCW 35.21.730 THROUGH RCW 35.21.759 AS
FOLLOWS:
A new chapter hereby added to the Spokane County Code to read as follows:
SPOKANE REGIONAL BROADBAND PUBLIC DEVELOPMENT AUTHORITY
SECTION NO. 1: Purpose.
As authorized by RCW 35.21.730 through RCW 35.21.759, a public authority, to be known as
"SPOKANE REGIONAL BROADBAND DEVELOPMENT AUTHORITY (hereinafter
(BROADLINC)", is hereby created exclusively to undertake, assist with, and otherwise facilitate
the public function of providing broadband infrastructure and services delivery enhancements,
including but not limited to, terrestrial middle -mile and last -mile access, wireless relay points,
satellite connection and other associated known and future technologies, as well as performing any
other public function relating to providing such infrastructure services, delivery enhancements,
including but not limited to:
1. Own, contract for the operation and management of and oversee assets of BROADLINC.
2. Oversee and administer any grant awards in conjunction with other joint applicants and/or
subrecipients.
3. Contract with and oversee the Operating Entity for service delivery of Dark Fiber owned
by BROADLINC.
4. Enter into agreements under the ILA with Member Entities to provide broadband
infrastructure and services within the jurisdictional boundaries of such entities.
5. Oversee BROADLINC's budget and ensure Member Entities timely receive appropriate
revenues.
6. Pursue ongoing applicable funding, grants, and loans and other customary businesses
opportunities for enhanced broadband service delivery in infrastructure enhancement and
assurance of Digital Equity and Inclusion.
7. Oversee the expansion of BROADLINC though the inclusion of additional participating
municipal corporations, public entities, or municipalities (i.e. cities, towns, municipal
corporations, public utility districts, quasi -municipal corporations, and special purpose
districts).
8. Lead strategic direction for broadband delivery, infrastructure and enhancing for the
region, with the State Broadband Office, Federal units and private sector integrations.
9. Participate, as appropriate, in public — private partnerships discussion, such as franchise
agreements related to the broadband industry within Spokane County.
For the purpose of receiving the same immunities or exemptions from taxation as that of the
County, BROADLINC constitutes a public agency and a creation of the County (within the
meaning of Article VII, § I of the Constitution of the state of Washington and within the meaning
of those terms in regulations of the United States Treasury and rulings of the Internal Revenue
Service prescribed pursuant to Section 103 of the Internal Revenue Code of 1986, as amended).
SECTION NO.2: Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "BROADLINC Governing Board" or "Board" means the governing body of
BROADLINC.
(2) "Bylaws" means the rules adopted for the regulation or management of the affairs of
BROADLINC and all subsequent amendments thereto.
(3) "Operating Entity" means the entity performing the operational services to maintain
broadband assets and services including the use of Dark Fiber strands.
(4) "ISP" means private sector Internet Services Provider that provides the ability for a user to
send information to and receive information from the internet for business and personal use.
(5) "Middle -Mile" means the segment of internet connectivity that connects the global internet
network to the last mile. It is often delivered via high-speed fiber. Middle -mile networks service
as a backbone for a specific region.
(6) "Digital Equity and Inclusion" means the Broadband Equity, Access, and Deployment
("BEAD") program as part of the Infrastructure Investment and Jobs Act ("IIJA").
(7) "Charter" means the charter as the governing document of BROADLINC adopted by this
chapter and all subsequent amendments thereto.
(8) "County" means Spokane County.
(9) "Clerk" means the clerk of the Board of County Commissioners or a person authorized to
act on such officer's behalf.
(10) "Final action" of the BROADLINC Board means a collective positive or negative decision
or an actual vote by a vote of a majority of voting members of the BROADLINC Board.
(11) "Property" shall have the same meaning as in Article VII, § 1 of the Washington State
Constitution, and includes real and personal property, equipment and furnishings, cash, accounts
receivable, and anything tangible or intangible that is capable of being owned or controlled to
produce value or generate cash flow.
(12) "Public authority" or "authority" means the authority created under this chapter.
(13) "Public agency" means any agency, political subdivision, or unit of local government of
the State including, but not limited to, municipal corporations, quasi municipal corporations,
special purpose districts, and local service districts; any agency of the State government; any
agency of the United States; any Indian tribe recognized as such by the federal government.
(14) "Resolution" means a final action of a quorum of the Board, evidenced by a written
instrument signed by the chair of the Board.
(15) "State" (when used as a noun) shall mean the State ofWashington.
(16) "Dark Fiber" means fiber optical cable that is not provisioned with lit services for fiber
optic communication.
(17) "Monthly Reoccurring Charge" or "MRC" means the monthly fee charged to access
BROADLINC dark fiber by a telecommunications provider.
(18) "Interlocal Cooperation Act" or "ILA" means chapter 39.34 RCW, as it may be amended
from time to time.
(19) "Net Operating Revenue" means the excess funds BROADLINC has remaining for
allocation back to eligible Member Entities after (i) paying the Operating Entity, (ii) paying for
BROADLINC operating expenses, and (iii) paying for capital uses and establishment of a capital
reserve or as otherwise determined appropriate by the BROADLINC Board.
(20) "Member Entities" means special purpose district, municipal corporation, political
subdivisions, or other public or private entities or organizations, with an executed ILA with
BROADLINC.
(21) "Broadband Action Team" or "BAT" means the unique group established for Spokane
County with the Washington State University Extension and Washington State Broadband Office
for community engagement to discuss broadband challenges and opportunities, which lead to local
capacity building through increased broadband awareness, access and adoption need and highest
demand.
SECTION NO.3: General powers.
Except as limited by the Constitution of the State, laws, regulations, charter, or this chapter,
BROADLINC shall have and may exercise all lawful powers necessary or convenient to affect the
purposes for which BROADLINC is organized, including the powers listed in this section.
(1) Acquire, construct, own, sell, lease, exchange, encumber, improve, use, transfer, or
grant security interest in real, personal and intellectual property.
(2) Contract with public and private entities.
(3) Employ and terminate (with or without cause) an Executive Director and personnel and
contract for personnel and services with public and private entities.
(4) Accept transfers, gifts, or loans of funds or property.
(5) Sue and be sued.
(6) Incur indebtedness and issue bonds and other instruments evidencing indebtedness with
prior approval of the County.
(7) Transfer funds, property, property interests, or services.
(8) Exercise any other powers that are consistent with the purpose for which BROADLINC
is organized, and are within the express, or implied authority granted by the County subject to
the limitation in Section 5 hereinafter including but not limited to:
(a) creation of a strategic plan from which all operational activities flow,
(b) determining how allocated revenues, if any, from the Board of County Commissioners,
as well as other revenues collected and/or administered by BROADLINC are expended,
(c) approval of operational and capital budgets for broadband infrastructure and service
delivery, and other services provided by BROADLINC paid for in whole or part by
revenue sources collected and/or administered by BROADLINC, and
(d) establish a Dark Fiber lease rate and other related assessments or Monthly Reoccurring
charge (MRC), and
(9) Make direct operational decisions with respect to the assets owned and service contracts
to operate and utilize such assets.
SECTION NO.4: Liability.
BROADLINC is an independent legal entity exclusively responsible for its own debts, obligations
and liabilities. All liabilities incurred by BROADLINC shall be satisfied exclusively from the
assets and property of BROADLINC. No creditor or other person shall have any recourse to the
assets, credit, or property of the County or other entity on account of any debts, obligations,
liabilities, acts, or omissions of BROADLINC, unless otherwise expressly agreed to in writing
by the County or other entity.
SECTION NO.5: Limitation of powers.
In all activities and transactions, BROADLINC shall be limited as provided in this section.
(1) BROADLINC shall have no power of eminent domain or any power to levy taxes or
special assessments.
(2) BROADLINC shall have no power to incur or create any liability that permits recourse
by any party or member of the public to any assets, services, resources, or credit of the County or
any parties under contract with BROADLINC. All liabilities incurred by BROADLINC shall be
satisfied exclusively from the assets and property of BROADLINC, and no creditor or other
person shall have any recourse to the assets, credit, or property of the County or any party under
contract with BROADLINC on account of any debts, obligations, liabilities, acts or omissions of
BROADLINC, unless expressly agreed to in writing by the County or party. The powers,
authorities, or rights expressly or impliedly granted to BROADLINC shall not be less than and
shall be subject to the County's expressed or implied powers.
(3) BROADLINC is subject to all general laws regulating the County and its officers and
officials, including, but not limited to:
(a) Audits by the State Auditor and accounting requirements in chapter 43.09 RCW;
(b) Open public record requirements in chapter 42.56 RCW;
(c) Open public meetings and other public process laws in chapter 42.30 RCW;
(d) Preservation and destruction of public records in chapter 40.14 RCW;
(e) Public works requirements in chapter 39.04 RCW;
(f) Competitive bidding and prevailing wage laws in chapter 39.04 RCW;
(g) Local government whistleblower laws in chapter 42.41 RCW;
(h) The prohibition on using public facilities for campaign purposes in chapter 42.17A
RCW;
(i) The Code of Ethics for Municipal Officers -Contract Interests in chapter 42.23 RCW;
0) Payments and Advancements in chapter 42.24 RCW;
(k) The provisions of chapter 4.96 RCW for actions against BROADLINC and its Board,
officers, employees, and volunteers; and
(1) Sale or encumbrance of any real property transferred by the County to the
BROADLINC in RCW 35.21.747.
SECTION NO. 6: Charter.
The Charter of BROADLINC is attached hereto as Exhibit A. The Charter shall be issued in
duplicate originals, each bearing the signatures of a majority of the members of the Board of
County Commissioners and attested by the Clerk. One original shall be filed with the Clerk with
this resolution; a duplicate original shall be provided to BROADLINC.
SECTION NO.7: Effect of issuance of Charter.
BROADLINC shall commence its existence effective upon issuance of its Charter. Except as
against the State or the County in a proceeding to cancel or revoke the Charter, delivery of a
duplicate original Charter shall conclusively establish that BROADLINC has been established in
compliance with the procedures of this chapter. A copy of the Charter, and any amendments
thereto, shall be provided to the State Auditor.
SECTION NO.8: BROADLINC Governing Board / Subcommittees.
All corporate powers of BROADLINC shall be exercised by or under the authority of the
BROADLINC Governing Board (the 'Board"); and the business, property and affairs of
BROADLINC shall be managed under the supervision of the Board, except as may be otherwise
provided by law, this chapter, or the Charter.
(1) The members of the Board shall be as provided in the Charter. The Board shall be
composed as follows:
a) One (1) Spokane County Commissioner
b) Spokane County Chief Executive Officer
c) Spokane County Public Works Director
d) One (1) Elected Representative appointed jointly from the towns and/or cities having
recorded populations under 50,000, as determined by the most recent US Census, and
having executed an Interlocal Cooperation Act Agreement with BROADLINC for
services
e) One (1) Elected Representative appointed jointly from the cities having a recorded
population over 50,000, as determined by the most recent US Census, and having
executed an Interlocal Cooperation Act Agreement with BROADLINC for services
All Board members shall serve without compensation from BROADLINC.
(2) The following two (2) Working Subcommittees shall be established by the Board which
shall have the following corresponding membership, responsibilities and voting principles where
identified:
Working
Subcommittee
Membership on Working Subcommittee
Duties of Working Subcommittee
Broadband Action Team
• BROADLINC Executive Director
Monthly Meetings
(BAT)
Members listed in the BAT Team
• Community and Stakeholder Engagement
• Community and Stakeholder Communication
and Feedback
• Work with other Washington State BAT
Teams
Finance Committee
• BROADLINC Executive Director
• Yearly Budget
• Spokane County Senior Director,
• Grant Scope and Budget Responses
Finance and Administration (or
e Dark Fiber Lease and/or MRC
representative)
Recommendation
• BROADLINC Board Member appointed
• Update on services contracts
by the Board
SECTION NO.9: Quorum.
At all meetings of the Board, a majority of voting members of the Board shall constitute a quorum.
SECTION NO. 10: Meetings of the Board.
The Board shall meet as provided in the Charter, but not less than quarterly. Notice of
meetings shall be provided as required by chapter 42.30 RCW. Minutes shall be kept in
accordance with chapter 42.30 RCW. Members of the Board may participate in a regular or
special meeting through the use of any means of remote participation as authorized by law.
Any Board member participating in a meeting by such means is deemed to be present in
person at the meeting for all purposes including, but not limited to, establishing a quorum.
SECTION NO. 11: Bylaws.
Within thirty (30) days after issuance of the Charter, the Board shall hold an organizational
meeting, appoint a chair and vice chair, and adopt Bylaws. The Bylaws shall be consistent
with the Charter. In the event of a conflict between the Bylaws, this resolution, and the
Charter, this resolution shall control, the Charter shall be second in priority, followed by the
Bylaws. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in
the Board except as otherwise provided in theCharter.
SECTION NO. 12: Board review and approval of required items.
(1) At least quarterly, the Board shall review monthly statements of income and
expenses which compare budgeted expenditures to actual expenditures. The Board shall
review all such information at regular meetings, the minutes of which shall specifically note
such reviews and include such information.
(2) Review and approval of the Board by resolution shall be necessary for any of the
following transactions:
(a) Transfer or conveyance of an interest in real estate other than release of a lien or
satisfaction of a mortgage after payment has been received and execution of a
lease.
(b) Contracting of debts, issuance of notes, debentures or bonds, and mortgaging or
pledging of BROADLINC assets or credit to secure the same.
(c) Donation of money, property, or other assets belonging to BROADLINC.
(d) Action by BROADLINC as a surety or guarantor.
(e) Adoption of an annual budget and a separate capital budget, and amendments
thereto.
(f) Certification of annual reports and statements by the state auditor, as required
under chapter 43.09 RCW, to be filed with the clerk as true and correct in the
opinion of the Board and of its members except as noted.
(g) Adopting and amending the Bylaws.
(h) Consistent with chapter 4.96 RCW, adoption of policies and procedures for
managing actions against BROADLINC, the Board, officers, employees, and
volunteers.
(i) Instituting legal proceedings in BROADLINC's name.
(j) Dissolution of BROADLINC, upon approval by two thirds of the entire Board.
(k) Amending Dark Fiber Lease and/or Monthly Reoccurring Charge (MRC).
(1) Recommending amendments to the Charter.
SECTION NO.13: Charter amendments.
(1) Proceedings Preliminary to Recommending Amendments to the Charter. Any
Board member may propose a Charter amendment(s) (subject to prior approval by the Board
as provided in this section) to the County. Final action by resolution of the Board is
necessary to consider recommending proposed amendment(s) to the Charter. If the Board
approves consideration of a proposed amendment(s) to the Charter, information about the
proposed Charter amendment(s), including a copy of the proposed amendment(s) in a format
that strikes over material to be deleted and underlines new material and a statement of the
amendment's purpose and effect, shall be provided to each member of the Board at least
thirty (30) days prior to the meeting at which a vote will be taken on a resolution
recommending to the County amending the Charter.
(2) Action Amending the Charter. After the preliminary proceedings described in
subsection (1) of this section have occurred, final action upon approval by two thirds of the
entire Board may be taken recommending to the County amending the Charter. If the
amendment(s) differs materially from the original proposed amendment(s) considered during
preliminary proceedings, then the preliminary proceedings described in subsection (1) of this
section shall be repeated. After final action recommending amending the Charter, the
amended Charter recommendation shall be forwarded to the County for action. The County
shall consider any recommendation of the Board received under this Section and either
approve, disapprove or modify the recommendation as the County deems appropriate. Any
amendment to the Charter shall be issued in duplicate originals, each bearing the signature of
the Chair of the Board of County Commissioners. One original shall be filed with the clerk and a
duplicate original shall be forwarded to and retained by BROADLINC. PROVIDED, however this
Section shall not in any way limit the ability of the County to amend or modify the Charter at any
time without processing an amendment with the Board.
SECTION NO. 14: Treasurer.
The Board shall appoint the Spokane County Treasurer to administer a special fund designated
"Operating fund of BROADLINC." The appointed treasurer shall be responsible for handling
BROADLINC's accounts and finances. The Board shall file a fidelity bond in an amount
determined by the Board to be adequate and appropriate covering the actions and omissions of the
Treasurer.
SECTION NO. 15: Funding.
Funding of BROADLINC operations and activities shall come substantially from: (1) grants,
and (2) Dark Fiber Lease and/or Monthly Reoccurring Charge (MRC). BROADLINC shall use
all revenues solely as provided for in the Section No. 1 of this Resolution.
SECTION NO. 16: Audits, inspections, and reports.
Local government accounting laws, and RCW 43.09.200 through 43.09.2855, shall apply to
BROADLINC, and copies of all reports filed with the State Auditor shall be filed
contemporaneously with the Clerk. At any reasonable time and as often as the County or State
Auditor deem necessary, BROADLINC shall make available for inspection, examination,
auditing, and copying all of its records, including but not limited to contracts, invoices, payrolls,
personnel records, inventories, and financial records and other relevant records. Consistent with
RCW 35.21.745(1), the County shall retain the right to control and oversee BROADLINC's
operations and funds in order to correct any deficiency and to assure that its purpose is being
accomplished. This responsibility shall not create any liability for the County. BROADLINC
shall honor any request by the County in conjunction with its meeting this statutory responsibility.
SECTION NO. 17: Insurance.
BROADLINC shall maintain in full force and effect public liability insurance in an amount
sufficient to cover potential claims for bodily injury, death, or disability and for property damage,
which may arise in connection with the acts or omissions of BROADLINC naming the County
as an additional insured (or equivalent under the terms of the policy/policies).
SECTION NO. 18: Trusteeship.
The County may, after a public hearing with notice to BROADLINC, petition the superior
court to impose a trusteeship over BROADLINC. Any trustee appointed by the superior court
shall take such actions as necessary during the trusteeship to achieve the object thereof as
reasonable, including suspend and/or remove BROADLINC officials, manage the assets and
affairs of BROADLINC, exercise any and all BROADLINC powers as necessary or
appropriate to fulfill outstanding obligations, restore the capability of BROADLINC, and, if
so authorized by the superior court, to oversee its dissolution in accordance with RCW
35.21.750.
SECTION NO. 19: Dissolution.
(1) The Board may propose to the County that BROADLINC be dissolved. Such
proposal must be made by resolution adopted by two-thirds of the entire Board at a regular or
special meeting of which thirty (30) days advance written notice was given to each Board
member, the Clerk and every Member Entity receiving services by BROADLINC at the time.
Information about the proposed dissolution, including the grounds for dissolution and
distribution of BROADLINC property, shall be provided to each member of the Board, the
Clerk and every Member Entity of BROADLINC at the time at least fourteen (14) days prior
to the meeting at which a vote will be taken on the resolution. Within thirty days of adoption
of a resolution approving dissolution of BROADLINC, a copy of the resolution shall be
delivered to the Clerk. The County may, after a public hearing, dissolve BROADLINC. Upon
dissolution, all BROADLINC property, net of all outstanding liabilities, shall be distributed
as set forth in an agreed plan of distribution adopted by a two-thirds of the entire Board.
(2) Upon the action taken under Section 19 (1), the County may, after a public hearing with
notice to BROADLINC, petition the superior court to dissolve BROADLINC in accordance with
RCW 35.21.750. Upon dissolution of BROADLINC and the winding of its affairs, and as
determined by order of the Court, any remaining rights, assets, and property may be transferred to
a qualified public entity or entities which will fulfill the purposes for which BROADLINC was
chartered. Otherwise, all remaining rights, assets, and property shall vest in the County. Upon
completion of dissolution proceedings, the Clerk shall indicate such dissolution by inscription of
"charter cancelled" on the Charter of BROADLINC, and the existence of BROADLINC shall
cease. The Clerk shall give notice thereof to the State Auditor and to other persons as provided in
the dissolution statement.
(3) In the event of the insolvency or dissolution of BROADLINC, the superior court of the
county in which BROADLINC is or was operating shall have jurisdiction and authority to appoint
trustees or receivers of corporate property and assets and supervise such trusteeship or
receivership: Provided, that all liabilities incurred by BROADLINC shall be satisfied exclusively
from the assets and properties of BROADLINC and no creditor or other person shall have any
right of action against the County on account of any debts, obligations, or liabilities of such public
corporation, commission, or authority.
SECTION NO.20: Construction and order of precedence.
This chapter shall be liberally construed so as to effectuate its purposes and the purposes of RCW
35.21.730 through RCW 35.21.759. In the event of an inconsistency between the Charter and this
chapter, the inconsistency shall be resolved by giving precedence to this chapter.
SECTION NO.21: Severability.
If any provision of this resolution or its application to any person or circumstance is held invalid
or unconstitutional, the remainder of the resolution or its application to other persons or
circumstances shall not be affected.
SECTION NO.22: Effective Date.
This resolution shall be effective upon adoption and passage by the Board of County
Commissioners.
PASSED AND ADOPTED this 1'5 day ofy , 2022.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
chair
�•✓-�� ��
inna Vasquez Josh Kerns, Commissioner
Clerk of the Board
EXHIBIT B
(BROADLINC Charter)
Interlocal Agreement February 2026
City of Spokane Valley / BROADLINC Page 8 of 8
EXHIBIT-Ar,
CHARTER OF THE SPOKANE REGIONAL
BROADBAND DEVELOPMENT AUTHORITY
ARTICLE I: NAME
The name of the Authority shall be SPOKANE REGIONAL BROADBAND
DEVELOPMENT AUTHORITY, also known as BROADLINC.
ARTICLE II: AUTHORITY AND LIMIT ON LIABILITY
ITY
Section II.01. Authority. BROADLINC is a public corporation organized pursuant to RCW
35.21.730 through 35.21.759, and Resolution No. 22- (hereinafter "Resolution") of Spokane
County, Washington (the "County").
Section II.02. Limit on Liability. All liabilities incurred by BROADLINC shall be satisfied
exclusively from the assets and properties of BROADLINC, and no other creditor or other person shall
have any right of action against or recourse to the County or any of the parties under contract with
BROADLINC, their assets, credit or property on account of any debts, obligations, liabilities or acts or
omissions of BROADLINC, unless expressly agreed to in writing by the County or party.
The following disclaimer shall be printed or stamped on all contracts and other documents that
evidence any debt by BROADLINC. Failure to display, print or stamp the statement required by this
section shall not be taken as creating any liability for any entity other than BROADLINC.
The Spokane Regional Broadband Development Authority ("BROADBAND") is
organized pursuant to Resolution No. 22- of the Board of County Commissioners of
Spokane County, Washington (the "County"), as existing or as hereinafter amended, and
RCW 35.21.730 through 35.21.755. All liabilities incurred by BROADLINC shall be
satisfied exclusively from the assets and properties of BROADLINC and no creditor or other
person shall have any right of action against the County or any other entity on account of any
debts, obligations, or liabilities of BROADLINC unless expressly agreed to in writing by the
County or entity.
RCW 35.21.750 provides as follows: "[A]II liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the assets and
properties of such public corporation, commission, or authority and no creditor or other
person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations or liabilities of
such public corporation, commission, or authority."
ARTICLE III: DEFINI11,ONS
The words and phrases in this Charter shall have the same meanings as defined in the Resolution.
ARTICLE IV: DURATION
The duration of BROADLINC shall be perpetual except as provided in the Resolution
�1I�TICL,E V• PtJRPOgF
As authorized by RCW 35.21.730 through RCW 35.21.759, BROADLINC is established
exclusively to undertake, assist with, and otherwise facilitate the public function of providing broadband
infrastructure and services delivery enhancements, including but not limited to, terrestrial middle -mile and
last -mile access, wireless relay points, satellite connection and other associated known and future
technologies, as well as performing any other public function relating to providing such infrastructure
services, delivery enhancements, including but not limited to:
1. Own, contract for the operation and management of and oversee the assets of BROADLINC.
2. Oversee and administer any grant awards in conjunction with other joint applicants and/or
subrecipients.
3. Contract with and oversee the Operating Entity for service delivery of Dark Fiber Access
owned by BROADLINC by ISPs.
4. Enter into agreements under the ILA with Member Entities to provide broadband infrastructure
and services within the jurisdictional boundaries of such entities.
5. Oversee BROADLINC's budget and ensure Member Entities timely receive appropriate
revenues.
6. Pursue ongoing applicable funding, grants, and loans and other customary businesses
opportunities for enhanced broadband service delivery in infrastructure enhancement and
assurance of Digital Equity, also called DDI.
7. Oversee the expansion of BROADLINC though the inclusion of additional participating
municipal corporations, public entities, or municipalities (i.e. cities, towns, municipal
corporations, public utility districts, quasi -municipal corporations, and special purpose
districts).
8. Lead strategic direction for broadband delivery, infrastructure and enhancing for the region,
with the State Broadband Office, Federal units and private sector integrations.
9. Participate, as appropriate, in public — private partnerships discussion, such as franchise
agreements related to the broadband industry within Spokane County.
For the purpose of receiving the same immunities or exemptions from taxation as that of the Spokane
County, BROADLINC constitutes a public agency and a creation of Spokane County (within the meaning
of Article VII, § I of the Constitution of the state of Washington and within the meaning of those terms in
regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed pursuant
to Section 103 of the Internal Revenue Code of 1986, as amended).
ARTICLE VI: PO -WE AND RESPONSIBILITIES
Section VI.01. Powers. BROADLINC shall have and may exercise all lawful powers conferred
by State laws, the Resolution, this Charter and its Bylaws. BROADLINC in all of its activities and
transactions shall be subject to the powers, procedures subject to the limitations contained in the
Resolution.
Section VI.02. Provision of Services. BROADLINC shall provide broadband infrastructure and
services to Member Entities desiring the same pursuant to one or more agreements under the ILA.
Member Entities receiving such services shall pay a Dark Fiber Lease and/or MRC as established by the
BROADLINC Governing Board ('Board").
Section VI.03. Actions against BROADLINC, the Board, Officers, Employees and
Volunteers. The provisions of chapter 4.96 RCW shall apply to actions against BROADLINC, its
directors, officers, employees and volunteers.
Section VII.01. Authority and Responsibilities of the Board. The Board shall have the
authority and responsibilities to provide policy oversight and legislative direction for BROADLINC and
its administration and assure the purposes described in the Resolution and this Charter are reasonably
accomplished.
Section VII.02. Board Composition. The Board shall consist of (_J persons as follow:
1. One (1) Spokane County Commissioner
2. Spokane County Chief Executive Officer
3. Spokane County Public Works Director
4. One (1) Elected Representative appointed jointly from the towns and/or cities having
recorded populations under 50,000, as determined by the most recent US Census, and having
executed an Interlocal Cooperation Act Agreement with BROADLINC for services
5. One (1) Elected Representative appointed jointly from the cities having a recorded population
over 50,000, as determined by the most recent US Census, and having executed an Interlocal
Cooperation Act Agreement with BROADLINC for services
Section VII.03. Conditions. A member of the Board may only serve for such a time that
he or she is the duly appointed and acting in the capacity they represent. All members of the Board
serve without compensation from BROADLINC.
Section VII.04. Quorum. At all meetings of the Board, a majority of voting members shall
constitute a quorum.
Section VII.05. Committees. The Board may have Working Subcommittees as provided for
in the Resolution.
Section VII.06. Voting. The Board shall strive to operate by consensus. Each individual
member of the Board shall be a voting member. Any resolution or motion authorizing or approving
an action shall require an affirmative vote of a majority of the Board members voting on the issue,
unless otherwise provided for in the Resolution or this Charter. Proxy voting shall not be allowed.
Section VII.07. Officers. The Board shall have two officers, a Chair and Vice -Chair.
Appointment, removal and term of office shall be established in the Bylaws.
Section VII.08. Actions Requiring Approval by Resolution of the Board. Review and
approval of Board by resolution shall be necessary for any of the following actions:
1. Transfer or conveyance of an interest in real estate other than release of a lien or
satisfaction of a mortgage after payment has been received and execution of a lease.
2. Contracting of debts, issuance of notes, debentures or bonds, and mortgaging or
pledging of BROADLINC assets or credit to secure the same.
3. Donation of money, property, or other assets belonging to BROADLINC.
4. Action by BROADLINC as a surety or guarantor.
5. Adoption of an annual budget and a separate capital budget, and amendments thereto.
6. Certification of annual reports and statements by the state auditor, as required under
chapter 43.09 RCW, to be filed with the Clerk as true and correct in the opinion of the
Board and of its members except as noted.
7. Adopting and amending the Bylaws.
8. Consistent with chapter 4.96 RCW, adoption of policies and procedures for managing
actions against BROADLINC, the Board, officers, employees, and volunteers.
9. Instituting legal proceedings in BROADLINC's name.
10. Dissolution of BROADLINC, upon approval by two-thirds of the entire Board.
11. Amending Dark Fiber Lease and/or Monthly Reoccurring Charge (MRC).
12. Recommending amendments to this Charter.
ARTICLE VI11: MEETINGS
Section VIII.01. Frequency of Meetings. The Board shall meet as established in the Bylaws, but
not less than quarterly. Special meetings of the Board may be called as provided in the Bylaws.
Section VI11.02. Open Public Meetings. The Open Public Meetings Act, chapter 42.30 RCW,
shall apply to all meetings of the Board or any committee or working committee thereof when the
committee acts on behalf of the Board, conducts hearings or takes testimony or public comment. Members
of the Board may participate in a regular or special meeting through the use of any means of remote
participation as authorized by law. Any Board member participating in a meeting by such means is
deemed to be present in person at the meeting for all purposes including, but not limited to, establishing
a quorum.
Section VII1.03. Parliamentary Authority. The most current version of Robert's Rules of Order
Newly Revised shall guide meetings where they are consistent with this Charter or Bylaws.
Section V1I1.04. Minutes. The Board shall cause minutes to be kept of all regular and special
meetings of the Board. Minutes shall include a record of individual votes on all matters requiring approval
of the Board. Minutes shall be kept in accordance with chapter 42.32 RCW.
ARTICLE IX: BYLAWS
The Board shall review, approve and amend Bylaws for all matters related to the governance of
BROADLINC. The Bylaws provide rules governing BROADLINC and its activities consistent with the
laws of the State, the Resolution and this Charter. In the event of a conflict between the Bylaws, the
Resolution, and this Charter, the Resolution shall control, this Charter shall be second in priority,
followed by the Bylaws. Any amendments to the Bylaws (which may consist of an entirely new set
of Bylaws) shall be approved by resolution of the Board.
Amendments to this Charter shall be as provided in the Resolution. Amendments to the Bylaws
shall be as provided in Article IX of this Charter and be amended by majority vote of the BROADLINC
Governing Board.
Section XI.01. Fiscal Year. The fiscal year shall coincide with the calendar year.
Section XI.02. Funding. Funding for BROADLINC operations and activities include but are not
limited to funds distributed to BROADLINC from grants and Dark Fiber Lease and/or Monthly
Reoccurring Charge (MRC). The Board shall determine any Dark Fiber Lease and/or Monthly
Reoccurring Charge (MRC).
Section XI.03. Budget Process. Within the timelines prescribed in the Bylaws, the Director shall
provide to the Board a preliminary budget approved by the Finance Committee for the ensuing fiscal year.
Section XI.04. Budget Adoption. Within the timelines prescribed in the Bylaws, the Director
shall provide to the Board for review and approval of a final budget for the ensuing fiscal year. This budget
shall include: proposed service levels, baseline operations budget, any proposed enhancements,
recommended capital equipment/facility acquisition and proposed financing methodologies. No increase
or decrease to the final budget shall occur without the approval of the Board.
Section XI.05. Accounting, Budgeting and Reporting. BROADLINC shall be subject to the
Budgeting Accounting & Reporting System (BARS) applicable local government and shall comply with
local government accounting laws, including but not limited to chapter 43.09 RCW.
The Board may appoint, designate, employ, contract for and remove a Director of BROADLINC
and such other personnel as determined to be necessary for its operations. The Director and other
personnel shall be responsible to the Board for the administration of the affairs of BROADLINC as
may be authorized from time to time by resolution of the Board. The Director may be authorized or
delegated by BROADLINC to: (i) supervise and be responsible for the effective management of the
administrative affairs of BROADLINC; (ii) sign documents and contracts on behalf of
BROADLINC; and (iii) perform such other duties as delegated or assigned by the Board.
Section XIII.01. Registered Agent. The registered agent for BROADLINC is its Director. The
identity of the agent and the address where he/she may be reached during normal business hours must be
recorded with the County Auditor. A statement of the registered agent designation, executed by the Chair
of the Board shall be filed with the Secretary of State.
Section XU1.02. Claims. Claims made for the damages made under chapter 4.96 RCW shall be
filed with the Director. The identity of the agent and the address where he/she may be reached during
normal business hours must be recorded with the County Auditor.
Section XIII.03. Service of Process. Service of process under RCW 4.28.080 shall be by
delivering a copy of the summons and complaint to the Director. The identity of the agent and the address
where he/she may be reached during normal business hours must be recorded with the County Auditor.
Section XIII.04. Filing. Within thirty (30) days of receipt of the filings described in this Article
XIII, BROADLINC shall file copies with the Clerk.
ARTICLE XIV: MISCELLANEOUS
Geographic Limitation.
BROADLINC may conduct activities outside of the County, subject, however, to the applicable
limitations set forth in RCW 35.21.740.
Nonexclusive Charter.
This Charter is nonexclusive and does not preclude the granting by the County of other charters
to establish additional public corporations pursuant to action of the Board of County
Commissioners.
ARTICLE XV: COMMENCEMENT
BROADLINC shall commence its existence effective upon the issuance of its Charter, as sealed
and attested by the Clerk.
ARTICLE XVI: DISSOLUTION
Dissolution of BROADLINC shall be in the form and manner required by State law and the
Resolution.
In the event of an inconsistency between the Charter and the Resolution, the inconsistency shall
be resolved by giving precedence to the Resolution.
This Charter was APPROVED by Resolution No.22- OYL6adoptcd by the Board of County
Commissioners of Spokane County, Washington of the 1312: day of 2022.
BOARD OF COUNTY COMMISSIONERS
OI+ SPQKANE,COUNTV-W,tiSHINGTON
.SENT'
MAR K EY,ghair
ATTEST: AL FRENCH, Vice- chair
Ot4lw�
inns Vasquez
9 JOSH�KERNS�ommissioner
Clerk of the Board
�F G�MM�SS
m U)
Submit to Clerk of the Board with accompanying paperwork (Resolutions, Agreements, etc.)
AGENDA SHEET
SUBMITTING DEPARTMENT: Commissioners
CONTACT PERSON. • Ariane Schmidt
PHONE NUMBER: (509) 477-2625
CHECK TYPE OF MEETING BELOW:
❑X Regular Session Agenda
BELOW FOR CLERK'S USE ONL Y.-
Clerk's Resolution No. Z Z" 0 Q 4 5
Approved: Majority/Unanimous
Denied: Majority/Unanimous
Renews/Amends No.
Public Works No.
Purchasing Dept. No.
AGENDA TITLE: A RESOLUTION CREATING THE SPOKANE REGIONAL BROADBAND
DEVELOPMENT AUTHORITY (BROADLINC); APPROVING A CHARTER THEREFOR; ESTABLISHING
A BOARD TO GOVERN THE AFFAIRS OF BROADLINC; PROVIDING HOW BROADLINC SHALL
CONDUCT ITS AFFAIRS; AND OTHER MATTERS RELATING THERETO.
BACKGROUND: (Attach separate sheet(s) if necessary): Pursuant to the provisions RCW 43.330.530 through
RCW43.330.538, Spokane County may coordinate with local governments, tribes, public and private entities, nonprofit
organizations, and consumer -owned and investor -owned utilities to develop strategies and plans promoting deployment of
broadband infrastructure and greater broadband access, while protecting proprietary information. The purpose of such
actions being to encourage, foster, develop, and improve affordable, quality broadband accessibility for underserved, and
unserved communities and populations in Spokane County.
FISCAL IMPACT (Amount & source offunds): Internal staff support and startup costs with no planned general fund
obligations
REOUESTED BOARD ACTION: Approve
This Item will need to be codified in the Spokane County Code: No