2022, 09-06 Study Session AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION
Tuesday, September 6,2022 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at 10210 E Sprague Avenue
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: In response to Governor Inslee's announcement reopening Washington under the "Washington
Ready" plan, members of the public may attend Spokane Valley Council meetings in-person at City Hall
at the address provided above, or via Zoom at the link below. Members of the public will be allowed to
comment in-person or via Zoom as described below.Public comments will only be accepted for those items
noted on the agenda as"public comment opportunity." If wishing to make a comment via Zoom,comments
must be received by 4:00 pm the day of the meeting. Otherwise,comments will be taken in-person at the
meeting in Council Chambers,as noted on the agenda below.
• Sign up to Provide Oral Public Comment at the Meeting via Calling-In
• Submit Written Public Comment Prior to the Meeting
• Join the Zoom WEB Meeting
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PROCLAMATIONS: (1) 9-1-1 Emergency Telephone Systems Day; (2)Patriot Day
ACTION ITEMS:
1.Motion Consideration: Attorney General's Opioid Settlement Agreement—Tony Beattie
[public comment opportunity]
2.Motion Consideration: Expo Center,Department of Commerce Scope Change—John Hohman
[public comment opportunity]
NON-ACTION ITEMS:
DISCUSSION LEADER SUBJECT/ACTIVITY GOAL
3. Eric Robinson Homeless Program Update Discussion/Information
4. Adam Jackson Potential Grant Opportunity: Discussion/Information
Electrification of Transportation
Systems,Clean Energy Fund 5
5.Adam Jackson Potential Grant Opportunity: Discussion/Information
Water Quality Combined Funding Program
6. Cary Driskell Proposed Amendments to Spokane Valley Discussion/Information
Municipal Code (SVMC) 3.46,
Consulting Services Agreements
7. Cary Driskell Proposed Amendments to SVMC 3.47 Discussion/Information
Relating To Purchase of Goods
8. Cary Driskell Proposed Amendments to SVMC 2.35.010 Discussion/Information
Relating to Audit Officer Responsibilities
Council Agenda September 6,2022 Page 1 of 2
9. Chelsie Taylor Capital Reserve Fund#312 Reserves Discussion/Information
10.Mayor Haley Advance Agenda Discussion/Information
11.Mayor Haley Council Comments Discussion/Information
12. John Hohman City Manager Comments Discussion/Information
ADJOURN
Council Agenda September 6,2022 Page 2 of 2
po
.000Valley.
roctamation
9-1-1 Systems Day
City of Spo4ne Vaffey, Washington
WHEREAS, 9-1-1 emergency telephone number systems provide residents with one, easy-to-
remember telephone number for reporting police, fire, and medical emergencies; and
WHEREAS, residents throughout Washington State can access the enhanced 9-1-1 emergency
telephone systems statewide; and
WHEREAS,adults and children need to know what to expect and how to use the 9-1-1 emergency
telephone system; and
WHEREAS, the enhanced 9-1-1 emergency telephone system assists in identifying the location
of the caller and routes emergency calls to a public safety jurisdiction, helping to provide a faster
and more accurate response by public safety personnel; and
WHEREAS,when calling 9-1-1 we rely upon public safety personnel throughout the state to save
our lives,property, and environment; and
WHEREAS, public safety personnel deserve our recognition and a salute for the thousands of
jobs they do well each year.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the
Spokane Valley City Council and citizens, hereby proclaim September 11, 2022 as
9-1-1 Day
in Spokane Valley Washington, and I urge all people in our community to join me in recognizing
the importance of the 9-1-1 service to our health and safety and in offering our gratitude to the
thousands of public safety providers we rely on every day.
Dated this 6th day of September, 2022.
Pam Haley,Mayor
S If kan
4,000Valley.
rodalation
TA oTq *Y
City of Spo4ne Valley, Washington
WHEREAS, over twenty years ago, our country suffered the loss of nearly 3,000 innocent men,
women, and children in the devastating terror attacks on September 11, 2001; and
WHEREAS, those attacks targeted American citizens, established buildings, and distinguished
locations; and
WHEREAS, Americans from all backgrounds felt the pain of those attacks, however, that pain
did not divide us, but instead, it united us, depriving the attackers of their intended objective, and
in our darkest hour,we joined together as one country to reaffirm our values of service and strength
upon which our country was built; and
WHEREAS, let us remember the lives lost both from the deadly attacks on September 11th, and
those who made the ultimate sacrifice to protect and serve our nation in the years that followed;
and
WHEREAS, in the days, weeks and months after those attacks, people across the country
displayed American flags, demonstrating the unity and pride we have as a nation.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the
Spokane Valley City Council and citizens, hereby proclaim September 11, 2022 as
PATRIOT DAY
And I encourage citizens and businesses to display the American flag in recognition of our unity
as citizens and a nation against terrorists.
Dated this 6th day of September, 2022.
Pam Haley,Mayor
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6, 2022 Department Director Approval: El
Check all that apply: ❑ consent ❑ old business ®new business ❑public hearing
❑information❑ admin.report ❑pending legislation ❑ executive session
AGENDA ITEM TITLE:Motion Consideration: Opioid Distributor Settlement with State of Washington
—Allocation Agreement.
GOVERNING LEGISLATION: SVMC 2.15.020.
PREVIOUS COUNCIL ACTION TAKEN: April 26, 2022 approval of the One Washington MOU for
settlement between the same opioid distributors and cities/counties in Washington; July 19,2022 approval
of the Subdivision Participation Form to approve of and participate in the State settlement. Admin Report
on August 30,2022 regarding the Allocation Agreement.
BACKGROUND:
Prior actions: On April 26, 2022, Council was informed about the ongoing opioid litigation occurring
throughout the state. Several cities and counties in the state sued various companies involved in the
prescription opioid supply chain, including Purdue Pharmaceutical, (manufacturer), Johnson & Johnson
(supplier), and the three major distributors, Cardinal Health, Amerisource, and McKesson. The majority
of these jurisdictions are represented by the law firm of Keller Rohrback.
Keller Rohrback circulated the One Washington MOU to determine all possible jurisdictions that would be
included in settlement negotiations for the litigating and non-litigating Washington cities and counties.
Council approved entering into this MOU on April 26, 2022, and it was signed by the City Manager on
April 27,2022. The MOU set forth a default allocation for any funds received through settlement and also
required each listed allocation region to create an Opioid Abatement Council.
Separately, on May 2, 2022, the Washington State Attorney General's (AG's) Office announced a
settlement agreement between the state of Washington and opioid distributors Cardinal Health,
Amerisource, and McKesson in the amount of $518 million. In order to become a participant in the
settlement and share in the abatement amount, Council approved the execution of the Subdivision
Participation Form.
On August 30,2022,the Council received an Admin Report regarding the Allocation Agreement.
Current action: In a webinar on August 8,2022,the Washington State Attorney General's Office provided
more information regarding the process for finalizing the settlement. Each subdivision seeking to receive
funds through the AG settlement with Cardinal Health,Amerisource,and McKesson is required to sign the
One Washington MOU, the Subdivision Participation Form, and now, the Allocation Agreement. The
Allocation Agreement adopts and incorporates the terms of the One Washington MOU with slight changes.
Future action: Staff will bring forward a proposed five-county interlocal as required under the Allocation
Agreement/One Washington MOU. Once the City is a party to that interlocal, we can negotiate intra-
County for a higher allocation of funds than is identified in the default allocation formula. The Washington
State AG's case against Johnson&Johnson is set for trial this Fall. Further,the state and local governments
are awaiting the outcome of the Purdue Pharmaceutical bankruptcy settlement appeal.
OPTIONS: (1)Approve the Allocation Agreement for the Distributors Washington Settlement; or (2) do
nothing.
RECOMMENDED ACTION OR MOTION: Move to approve the Allocation Agreement for the
Distributors Washington Settlement and authorize the City Manager to finalize and execute the same.
BUDGET/FINANCIAL IMPACTS: Unknown at this time.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney.
ATTACHMENTS: PowerPoint Presentation;Allocation Agreement.
---------
---------- --------
Opiold S U ato
Tony Beattie
Senior Deputy City Attorney, City of Spokane Valley
September 6, 2022
City of Spokane Valley- Office of the City Attorney
Wash i n ton Distributors Settlement
Suits against Mckesson, AmerisourceBergen, and Cardinal Health.
$518 million settlement reached in principle on May 2, 2022.
City of Spokane Valley- Office of the City Attorney
To become ParticipatingLocaI Government
Approve the One Washington MOU l/
Approve the Settlement Participation Form
Approve the Allocation Agreement
City of Spokane Valley- Office of the City Attorney 3
Allocation Agreement Overview
Allocation of Washington Abatement Amount
5o% to Participating Local Governments
5o% to State
The Allocation Agreement adopts the One Washington MOU that Council
approved in April, with slight modifications.
Modifications include:
Potential penalties: Suspension from payments if after proper due process a Local
Government is found to have used Opioid Funds other than as provided, does not
comply with conditions of MOU, or does not comply with necessary reporting
information to the Regional Opioid Abatement Council.
Exhibit E replaces Exhibit A of the MOU, and outlines the list of Opioid
Remediation Uses. (See Attachment A of this agenda item).
City of Spokane Valley- Office of the City Attorney
N ext Steps
Regional Interlocal to set up a Opioid Abatement Council (OAC) that
covers our region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties).
Spokane County Interlocal between the participating local cities and the
county to address allocation amounts.
City of Spokane Valley- Office of the City Attorney
Unresolved — WA. AG challenge to Purdue Pharma
Bankruptcy
Potential $183 million settlement for Washington.
Case is on appeal.
The settlement and allocation is dependent on the appeal.
City of Spokane Valley- Office of the City Attorney
Unresolved — WA. AG lawsuit against Johnson &
Johnson
Trial is currently scheduled for September 2022.
City of Spokane Valley- Office of the City Attorney 7
ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF FUNDS PAID
BY THE SETTLING OPIOID DISTRIBUTORS IN WASHINGTON STATE
AUGUST 8,2022
This Allocation Agreement Governing the Allocation of Funds Paid by the Settling
Opioid Distributors in Washington State (the "Allocation Agreement") governs the distribution
of funds obtained from AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson
Corporation (the"Settling Distributors")in connection with its resolution of any and all claims
by the State of Washington and the counties, cities, and towns in Washington State ("Local
Governments") against the Settling Distributors (the "Distributors Settlement"). The Distributors
Settlement including any amendments are attached hereto as Exhibit 1.
1. This Allocation Agreement is intended to be a State-Subdivision Agreement as
defined in Section I.VVV of the Global Settlement(the"Global Settlement"),
which is Exhibit H of the Distributors Settlement. This Allocation Agreement
shall be interpreted to be consistent with the requirements of a State-Subdivision
Agreement in the Global Settlement.
2. This Allocation Agreement shall become effective only if all of the following
occur:
A. All Litigating Subdivisions in Washington and 90% of Non-Litigating
Primary Subdivisions in Washington as the terms are used in Section
II.C.1 of the Distributors Settlement must execute and return the
Subdivision Settlement Participation Form, Exhibit F of the Distributors
Settlement(the"Participation Form")by September 23, 2022. This form
is also attached hereto as Exhibit 2.
B. The Consent Judgment and Stipulation of Dismissal with Prejudice,
Exhibit G of the Distributors Settlement, is filed and approved by the
Court.
C. The number of Local Governments that execute and return this Allocation
Agreement satisfies the participation requirements for a State-Subdivision
Agreement as specified in Exhibit 0 of the Global Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation Agreement,
a Local Government must do all of the following:
A. The Local Government must execute and return this Allocation
Agreement.
B. The Local Government must release their claims against the Settling
Distributors and agree to by bound by the terms of the Distributors
Settlement by timely executing and returning the Participation Form. This
form is attached hereto as Exhibit 2.
1
C. Litigating Subdivisions must dismiss the Settling Distributors with
prejudice from their lawsuits. The Litigating Subdivisions are listed on
Exhibit B of the Distributors Settlement.
D. The Local Government must execute and return the One Washington
Memorandum of Understanding Between Washington Municipalities
("MOU") agreed to by the Participating Local Governments in
Washington State, which is attached hereto as Exhibit 3. As specified in
Paragraph 10.A of this Allocation Agreement, the Local Government may
elect in its discretion to execute the MOU for purposes of this Allocation
Agreement only.
A Local Government that meets all of the conditions in this paragraph shall be
deemed a"Participating Local Government." Alternatively, if the requirements of
Paragraphs 2(A), 2(B), and 2(C) of this Allocation Agreement are satisfied and
this Allocation Agreement becomes effective, then all Local Governments that
comply with Paragraph 3(B) of this Allocation Agreement shall be deemed a
"Participating Local Government."
4. This Allocation Agreement applies to the Washington Abatement Amount as
defined in Section IV.A of the Distributors Settlement. The maximum possible
Washington Abatement Amount for the Distributors Settlement is
$430,249,769.02. As specified in the Global Settlement, the Washington
Abatement Amount varies dependent on the percentage of Primary Subdivisions
that choose to become Participating Local Governments and whether there are
any Later Litigating Subdivisions as defined in Section LEE of the Global
Settlement.
5. This Allocation Agreement does not apply to the Washington Fees and Costs as
defined in Section V of the Distributors Settlement. After satisfying its obligations
to its outside counsel for attorneys' fees and costs, the State estimates that it will
receive approximately $46 million for its own attorneys' fees and costs pursuant
to Section V.B.1 of the Distributors Settlement. The State shall utilize any and all
amounts it receives for its own attorneys' fees and costs pursuant to Section V.B.1
of the Distributors Settlement to provide statewide programs and services for
Opioid Remediation as defined in Section I.SS of the Global Settlement.
6. While this Allocation Agreement does not apply to the Washington Fees and
Costs as defined in Section V of the Distributors Settlement, Section V.B.2 of the
Distributors Settlement estimates that the Settling Distributors shall pay
$10,920,914.70 to Participating Litigating Subdivisions' attorneys for fees and
costs. The actual amount may be greater or less. This Allocation Agreement and
the MOU are a State Back-Stop Agreement. The total contingent fees an attorney
receives from the Contingency Fee Fund pursuant to Section II. D in Exhibit R
the Global Settlement, the MOU, and this Allocation Agreement combined cannot
exceed 15% of the portion of the LG Share paid to the Litigating Local
Government that retained that firm (i.e., if City X filed suit with outside counsel
2
on a contingency fee contract and City X receives $1,000,000 from the
Distributors Settlement, then the maximum that the firm can receive is $150,000
for fees.)
7. No portion of the Washington Fees and Costs as defined in Section V of the
Distributors Settlement and/or the State Share as defined in Paragraph 8.A of this
Allocation Agreement shall be used to fund the Government Fee Fund ("GFF")
referred to in Paragraph 10 of this Allocation Agreement and Section D of the
MOU, or in any other way to fund any Participating Local Government's
attorneys' fees, costs, or common benefit tax other than the aforementioned
payment by the Settling Distributors to Participating Litigating Subdivisions'
attorneys for fees and costs in Section V.B.2 of the Distributors Settlement.
8. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for Opioid Remediation as defined in Section
I.SS of the Global Settlement, except as allowed by Section V of the Global
Settlement. Exhibit 4 is a non-exhaustive list of expenditures that qualify as
Opioid Remediation. Further, the Washington Abatement Amount shall and must
be used by the State and Participating Local Governments as provided for in the
Distributors Settlement.
9. The State and the Participating Local Governments agree to divide the
Washington Abatement Amount as follows:
A. Fifty percent(50%)to the State of Washington ("State Share").
B. Fifty percent(50%)to the Participating Local Governments ("LG Share").
10. The LG Share shall be distributed pursuant to the MOU attached hereto as Exhibit
3 as amended and modified in this Allocation Agreement.
11. For purposes of this Allocation Agreement only, the MOU is modified as follows
and any contrary provisions in the MOU are struck:
A. The MOU is amended to add new Section E.6, which provides as follows:
A Local Government may elect in its discretion to execute the
MOU for purposes of this Allocation Agreement only. If a Local
Governments executes the MOU for purposes of this Allocation
Agreement only, then the MOU will only bind such Local
Government and be effective with respect to this Allocation
Agreement and the Distributors Settlement, and not any other
Settlement as that term is defined in Section A.14 of the MOU. To
execute the MOU for purposes of this Allocation Agreement only,
the Local Government may either(a) check the applicable box on
its signature page of this Allocation Agreement that is returned or
(b) add language below its signature lines in the MOU that is
returned indicating that the Local Government is executing or has
3
executed the MOU only for purposes of the Allocation Agreement
Governing the Allocation of Funds Paid by the Settling Opioid
Distributors in Washington State.
B. Exhibit A of the MOU is replaced by Exhibit E of the Global Settlement,
which is attached as Exhibit 4 to this Agreement.
C. The definition of"Litigating Local Governments" in Section A.4 of the
MOU shall mean Local Governments that filed suit against one or more of
the Settling Defendants prior to May 3, 2022. The Litigating Local
Governments are listed on Exhibit B of the Distributors Settlement, and
are referred to as Litigating Subdivisions in the Distributors Settlement.
D. The definition of"National Settlement Agreement" in Section A.6 of the
MOU shall mean the Global Settlement.
E. The definition of"Settlement" in Section A.14 of the MOU shall mean the
Distributors Settlement.
F. The MOU is amended to add new Section C.4.g.vii, which provides as
follows:
"If a Participating Local Government receiving a direct payment
(a)uses Opioid Funds other than as provided for in the Distributors
Settlement, (b) does not comply with conditions for receiving
direct payments under the MOU, or (c) does not promptly submit
necessary reporting and compliance information to its Regional
Opioid Abatement Counsel ("Regional OAC") as defined at
Section C.4.h of the MOU, then the Regional OAC may suspend
direct payments to the Participating Local Government after
notice, an opportunity to cure, and sufficient due process. If direct
payments to Participating Local Government are suspended, the
payments shall be treated as if the Participating Local Government
is foregoing their allocation of Opioid Funds pursuant to Section
C.4.d and C.4.j.iii of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the suspension."
G. Consistent with how attorney fee funds for outside counsel for
Participating Local Subdivisions are being administered in most states
across the country, the Government Fee Fund ("GFF") set forth in the
4
MOU shall be overseen by the MDL Fee Panel (David R. Cohen, Randi S.
Ellis and Hon. David R. Herndon (ret.)). The Fee Panel will preside over
allocation and disbursement of attorney's fees in a manner consistent with
the Motion to Appoint the Fee Panel to Allocate and Disburse Attorney's
Fees Provided for in State Back-Stop Agreements and the Order
Appointing the Fee Panel to Allocate and Disburse Attorney's Fees
Provided for in State Back-Stop Agreements, Case No. 1:17-md-02804-
DAP Doc#: 4543 (June 17, 2022).
H. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common benefit
tax is not already payable by the Settling Distributors as contemplated by
Section D.8 of the MOU, the GFF shall be used to pay Litigating Local
Government contingency fee agreements and any common benefit tax
referred to in Section D of the MOU, which shall be paid on a pro rata
basis to eligible law firms as determined by the Fee Panel.
To fund the GFF, fifteen percent(15%) of the LG Share shall be deposited
in the GFF from each LG Share settlement payment until the Litigating
Subdivisions contingency fee agreements and common benefit tax (if any)
referred to in Section D of the MOU are satisfied. Under no circumstances
will any Non-Litigating Primary Subdivision_or Litigating Local
Government be required to contribute to the GFF more than 15% of the
portion of the LG Share allocated to such Non-Litigating Primary
Subdivision or Litigating Local Government. In addition, under no
circumstances will any portion of the LG Share allocated to a Litigating
Local Government be used to pay the contingency fees or litigation
expenses of counsel for some other Litigating Local Government.
J. The maximum amount of any Litigating Local Government contingency
fee agreement(from the Contingency Fee Fund pursuant to Section II. D
in Exhibit R the Global Settlement)payable to a law firm permitted for
compensation shall be fifteen percent(15%) of the portion of the LG
Share paid to the Litigating Local Government that retained that firm (i.e.,
if City X filed suit with outside counsel on a contingency fee contract and
City X receives $1,000,000 from the Distributors Settlement, then the
maximum that the firm can receive is $150,000 for fees.) The firms also
shall be paid documented expenses due under their contingency fee
agreements that have been paid by the law firm attributable to that
Litigating Local Government. Consistent with the Distributors Settlement
and Exhibit R of the Global Settlement, amounts due to Participating
Litigating Subdivisions' attorneys under this Allocation Agreement shall
not impact(i) costs paid by the subdivisions to their attorneys pursuant to
a State Back-Stop agreement, (ii) fees paid to subdivision attorneys from
the Common Benefit Fund for common benefit work performed by the
attorneys pursuant to Section II.0 of Exhibit R of the Global Settlement,
or(iii) costs paid to subdivision attorneys from the MDL Expense Fund
5
for expenses incurred by the attorneys pursuant to Section II.E of the
Global Settlement.
K. Under no circumstances may counsel receive more for its work on behalf
of a Litigating Local Government than it would under its contingency
agreement with that Litigating Local Government. To the extent a law
firm was retained by a Litigating Local Government on a contingency fee
agreement that provides for compensation at a rate that is less than fifteen
percent(15%) of that Litigating Local Government's recovery, the
maximum amount payable to that law firm referred to in Section D.3 of
the MOU shall be the percentage set forth in that contingency fee
agreement.
L. For the avoidance of doubt, both payments from the GFF and the payment
to the Participating Litigating Local Governments' attorneys for fees and
costs referred to in Paragraph 6 of this Allocation Agreement and Section
V.B.2 Distributors Settlement shall be included when calculating whether
the aforementioned fifteen percent(15%)maximum percentage (or less if
the provisions of Paragraph 10.K of this Allocation Agreement apply) of
any Litigating Local Government contingency fee agreement referred to
above has been met.
M. To the extent there are any excess funds in the GFF, the Fee Panel and the
Settlement Administrator shall facilitate the return of those funds to the
Participating Local Governments as provided for in Section D.6 of the
MOU.
12. In connection with the execution and administration of this Allocation
Agreement, the State and the Participating Local Governments agree to abide by
the Public Records Act, RCW 42.56 eq seq.
13. All Participating Local Governments, Regional OACs, and the State shall
maintain all non-transitory records related to this Allocation Agreement as well as
the receipt and expenditure of the funds from the Distributors Settlement for no
less than five (5) years.
14. If any party to this Allocation Agreement believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Distributors
Settlement has violated any applicable ethics codes or rules, a complaint shall be
lodged with the appropriate forum for handling such matters, with a copy of the
complaint promptly sent to the Washington Attorney General, Complex Litigation
Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington
98104.
15. To the extent(i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii)that
6
pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the Settling
Distributors are subject to the requirements of the MOU and this Allocation
Agreement.
16. Upon request by the Settling Distributors, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the
Distributors Settlement and the Global Settlement.
17. Venue for any legal action related to this Allocation Agreement(separate and
apart from the MOU, the Distributors Settlement, or the Global Settlement) shall
be in King County, Washington.
18. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement have been performed and that such person
signing for such party has been authorized to execute this Allocation Agreement.
7
FOR THE STATE OF WASHINGTON:
ROBERT W. FERGUSON
Attorney General
JEFFREY G. RUPERT
Division Chief
Date:
8
FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government:
Authorized signature:
Name:
Title:
Date:
A Local Government may elect in its discretion to execute the MOU for purposes of this
Allocation Agreement only by checking this box(see Paragraph 10.A of this Allocation
Agreement):
❑ Local Government is executing the MOU in the form attached hereto as Exhibit 3, but
which is further amended and modified as set forth in this Allocation Agreement, only for
purposes of this Allocation Agreement.
9
EXHIBIT 1
Distributors Settlement
DISTRIBUTORS WASHINGTON
SETTLEMENT AGREEMENT
Table of Contents
I. Overview 1
II. Conditions to Effectiveness of Agreement 1
III. Participation by Subdivisions 3
IV. Settlement Payments 3
V. Plaintiffs' Attorneys' Fees and Costs 4
VI. Release 6
VII. Miscellaneous 6
Exhibit A Primary Subdivisions A-1
Exhibit B Litigating Subdivisions B-1
Exhibit C ABC IRS Form 1098-F C-1
Exhibit D Cardinal Health IRS Form 1098-F D-1
Exhibit E McKesson IRS Form 1098-F E-1
Exhibit F Subdivision Settlement Participation Form F-1
Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice G-1
Exhibit H Distributor Global Settlement Agreement H-1
DISTRIBUTORS—WASHINGTON SETTLEMENT AGREEMENT
I. Overview
This Distributors Washington Settlement Agreement("Agreement") sets forth the terms
and conditions of a settlement agreement between and among the State of Washington,
McKesson Corporation ("McKesson"), Cardinal Health, Inc. ("Cardinal') and
AmerisourceBergen Corporation ("Amerisource") (collectively, the "Agreement Parties")to
resolve opioid-related Claims against McKesson, Cardinal, and/or Amerisource (collectively,
"Settling Distributors").
By entering into this Agreement,the State of Washington and its Participating
Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement
Agreement dated July 21, 2021 (including its exhibits) ("Global Settlement"), which(including
its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and
upon execution of an Agreement Regarding the State of Washington and the Distributor Global
Settlement Agreement("Enforcement Committee Agreement"), unless otherwise set forth in this
Agreement,the Settling Distributors agree to treat the State of Washington for all purposes as if
it were a Settling State under the Global Settlement and its Participating Subdivisions for all
purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated
otherwise in this Agreement,the terms of this Agreement are intended to be consistent with the
terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in
this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global
Settlement.
The Settling Distributors have agreed to the below terms for the sole purpose of
settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or
construed to be an admission or concession of any violation of law, rule, or regulation, or of any
other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance,
or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement,
including its statements and commitments, and its exhibits, shall constitute or be used as
evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is
expressly stated, this Agreement is not intended for use by any third party for any purpose,
including submission to any court for any purpose.
II. Conditions to Effectiveness of Agreement
A. Global Settlement Conditions to Effectiveness.
1. The Agreement Parties acknowledge that certain deadlines set forth in
Section VIII of the Global Settlement passed before the execution of this Agreement. For
'The version of the Global Settlement as updated on March 25, 2022 is attached to this
Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated
into this Agreement and shall supersede all earlier versions of the updated provisions.
1
that reason, (i) Settling Distributors agree to treat the State of Washington as satisfying the
deadlines set forth in Section VIII of the Global Settlement provided that the State of
Washington satisfies its obligations set forth in this Section II and (ii)the State of
Washington agrees to treat Settling Distributors as having satisfied all notice obligations
under Section VIII.B of the Global Settlement as to the State of Washington.
2. The State of Washington shall deliver all signatures and releases required
by the Agreement to be provided by the Settling States to the Settling Distributors by
September 30, 2022. This Section II.A.2 supersedes the deadline for delivering those
signatures and releases set forth in Section VIII.A.1 of the Global Settlement.
B. Agreement with Enforcement Committee. This Agreement shall not become
effective unless the Enforcement Committee and the Settling Distributors execute the Enforcement
Committee Agreement. If the Enforcement Committee Agreement is not executed by June 1, 2022,
the State of Washington and Settling Distributors will promptly negotiate an agreement that mirrors
the Global Settlement to the extent possible and with a credit of$1,000,000 to Settling Distributors
to account for possible credits the Settling Distributors would have received under Section V of this
Agreement from the State Cost Fund and the Litigating Subdivision Cost Fund of the Global
Settlement and to be deducted from the Year 7 payment described in Section V.B.1 and Section
V.C.g of this Agreement.
C. Participation by Subdivisions. If the condition in Section II.B has been satisfied,
this Agreement shall become effective upon one of the following conditions being satisfied:
1. All Litigating Subdivisions in the State of Washington and ninety percent
(90%) of Non-Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington must become Participating Subdivisions by
September 23, 2022.
2. If the condition set forth in Section II.C.1 is not met, the Settling
Distributors shall have sole discretion to accept the terms of this Agreement, which shall
become effective upon notice provided by the Settling Distributors to the State of
Washington. If the condition set forth by Section II.C.1 is not met and Settling Distributors
do not exercise discretion to accept this Agreement, this Agreement will have no further
effect and all releases and other commitments or obligations contained herein will be void.
D. Dismissal of Claims. Provided that the conditions in Sections II.B and ILC have
been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of
the Global Settlement and attached hereto as Exhibit G ("Washington Consent Judgment")with the
King County Superior Court ("Washington Consent Judgment Court") on or before November 1,
2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in
Section VIII.B of the Global Settlement. In the event that the Court declines to enter the
Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the
Agreement as to itself and shall be excused from all obligations under the Agreement, and if a
Settling Distributor terminates the Agreement as to itself, all releases and other commitments or
obligations contained herein with respect to that Settling Distributor will be null and void. The date
of the entry of the Washington Consent Judgment shall be the effective date of this Agreement
2
("Washington Effective Date"). Within the later of forty-five (45) days after the Washington
Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all
medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and
PEBB data)has been destroyed by the party and its agents, including all retained experts.
III. Participation by Subdivisions
A. Notice. The Office of the State of Washington Attorney General in consultation
with the Settling Distributors shall send individual notice of the opportunity to participate in this
Agreement and the requirements for participation to all Subdivisions eligible to participate who
have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of
the execution of this Agreement. The Office of the State of Washington Attorney General may also
provide general notice reasonably calculated to alert Subdivisions, including publication and other
standard forms of notification. Nothing contained herein shall preclude the State of Washington
from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a
Participating Subdivision.
B. Trigger Date for Later Litigating Subdivisions. Notwithstanding Sections I.EE and
I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State
of Washington agree to treat the Trigger Date for Primary Subdivisions as September 23, 2022 and
the Trigger Date for all other Subdivisions as May 3, 2022.
C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC,
I.FF and Section VII.D and E of the Global Settlement, any Participating Subdivision in
Washington that meets the applicable requirements for becoming a Participating Subdivision set
forth in Section VII.B or Section VII.0 of the Global Settlement on or before September 23, 2022
shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not
Initial Participating Subdivisions but meet the applicable requirements for becoming Participating
Subdivisions set forth in Section VII.B or Section VII.0 of the Global Settlement after September
23, 2022 shall be considered Later Participating Subdivisions.
D. Subdivision Settlement Participation Forms. Each Subdivision Settlement
Participation Form submitted by a Participating Subdivision from the State of Washington shall be
materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in
any way either the terms of this Agreement or the terms of the Global Settlement,both of which the
State of Washington and Participating Subdivisions agree to be bound. To the extent that any
Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded
differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement
and this Agreement in any respect, the Global Agreement and this Agreement control.
IV. Settlement Payments
A. Schedule. Annual Payments under this Agreement shall be calculated as if the
State of Washington were a Settling State under the Global Settlement and shall be made pursuant
to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the
Payment Date for Payment Year 1 shall be December 1, 2022 and the Payment Date for Payment
3
Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of
Washington's Annual Payment is the portion of the Net Abatement Amount allocated to the State
of Washington under the Global Settlement("Washington Abatement Amount"). The maximum
possible Washington Abatement Amount is $430,249,769.02.
B. Use of Payment. The Washington Abatement Amount paid under this Agreement
shall be used as provided for in Section V of the Global Settlement.
C. Nature of Payment. The State of Washington and its Participating Subdivisions
agree that payments made to the State of Washington and its Participating Subdivisions under this
Agreement are properly characterized as described in Section V.F of the Global Settlement.
V. Plaintiffs' Attorneys' Fees and Costs
A. Interaction with Global Settlement. Notwithstanding any contrary provision in the
Global Settlement, payments to cover attorneys' fees and costs under this Agreement("Washington
Fees and Costs") shall be made pursuant to this Section V.
B. Amounts. The total amount to cover of all Washington Fees and Costs is
$87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this
Section V.B and shall be paid on the schedule set forth in Section V.C.
1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall
pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to
the Washington Attorney General's Office, which shall be used for any lawful purpose in
the discharge of the Attorney General's duties at the sole discretion of the Attorney General.
The amount shall be paid in increments as specified in Section V.0 (Payment Year 1 —20%,
Payment Year 2 —20%, Payment Year 3 — 15%, Payment Year 4— 15%, Payment Year 5 —
15%, Payment Year 6 — 10%, Payment Year 7—5%.)
2. Fees and Costs for Participating Litigating Subdivisions' Attorneys.
Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions'
attorneys for fees and costs into a single account as directed by the Washington Attorney
General's Office, which then shall be paid as agreed between the State of Washington and
attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions'
attorneys shall be paid in accordance with the schedule in Section V.0 and V.D.5 of this
Agreement.
C. Schedule. Washington Fees and Costs shall be paid according to the following
schedule:
a. Payment Year 1: Twenty percent(20%) of the total Washington
Fees and Costs amount($17,550,046.20),to be paid on or before December 1,
2022.
4
b. Payment Year 2: Twenty percent(20%) of the total Washington
Fees and Costs amount($17,550,046.20), to be paid on or before December 1,
2022.
c. Payment Year 3: Fifteen percent(15%) of the total Washington
Fees and Costs amount($13,162,534.65), to be paid on or before July 15, 2023.
d. Payment Year 4: Fifteen percent(15%) of the total Washington
Fees and Costs amount($13,162,534.65),to be paid on or before July 15, 2024.
e. Payment Year 5: Fifteen percent(15%) of the total Washington
Fees and Costs amount($13,162,534.65), to be paid on or before July 15, 2025.
f. Payment Year 6: Ten percent(10%) of the total Washington Fees
and Costs amount($8,775,023.10), to be paid on or before July 15, 2026.
g. Payment Year 7: Five percent(5%) of the total Washington Fees
and Costs amount($4,387,511.55), to be paid on or before July 15, 2027.
D. Remittance. So that Settling Distributors do not pay the same fees and costs under
both the Global Settlement and this Agreement, Washington and its Participating Litigating
Subdivisions and their respective counsel shall do as follows:
1. Participating Litigating Subdivisions in Washington and their counsel shall
apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant
to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be
eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to
remit to Settling Distributors the full amount awarded to such Participating Litigating
Subdivision, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
2. Counsel for Participating Subdivisions shall instruct the Fee Panel created
by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling
Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of
Washington,with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
3. The State of Washington shall instruct the Fee Fund Administrator selected
pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the
Fixed Amount for the State of Washington, and the State of Washington will not be eligible
to receive funds from the State Outside Counsel Fee Fund under the Global Settlement.
4. The State of Washington shall submit documented costs, as provided for in
Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created
pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may
be eligible and shall instruct the State Cost Fund Administrator to remit to Settling
Distributors the full amount awarded to the State of Washington, with each Settling
5
Distributor receiving the percentage of that amount corresponding to the allocation set forth
in Section IV.I of the Global Settlement.
5. No Participating Litigating Subdivision shall receive any payment due
under this Agreement, including but not limited to the portion of the Washington Abatement
Amount allocable to the Participating Subdivision, until it and/or its outside counsel, as
applicable, fulfill their obligations under Sections V.D. 1-2.
VI. Release
A. Scope. As of the Washington Effective Date, Section XI of the Global Settlement
is fully binding on, and effective with respect to, all Releasors under this Agreement. Accordingly,
as of the Washington Effective Date, the Released Entities are hereby released and forever
discharged from all Released Claims of Releasors, including the State of Washington and its
Participating Subdivisions.
VII. Miscellaneous
A. No Admission. The Settling Distributors do not admit liability, fault, or
wrongdoing. Neither this Agreement nor the Washington Consent Judgment shall be considered,
construed or represented to be (1) an admission, concession or evidence of liability or wrongdoing
or(2) a waiver or any limitation of any defense otherwise available to the Settling Distributors. It is
the understanding and intent of the Agreement Parties that no portion of the Agreement shall be
entered into evidence in any other action against the Settling Distributors, among other reasons,
because it is not relevant to such action. For the avoidance of any doubt, nothing herein shall
prohibit a Settling Distributor from entering this Agreement into evidence in any litigation or
arbitration concerning a Settling Distributor's right to coverage under an insurance contract.
B. Tax Cooperation and Reporting. The State of Washington and its Participating
Subdivisions will be bound by Section V.F and Section XIV.F of the Global Settlement, except
(i) as set forth in the final sentence of this Section VII.B and (ii)that the State of Washington shall
be its own Designated State and shall designate its own"appropriate official" within the meaning of
Treasury Regulations Section 1.6050X-1(f)(1)(ii)(B) (the"Appropriate Official"). The IRS Forms
1098-F to be filed with respect to this Agreement are attached as Exhibit C, Exhibit D, and Exhibit
E. The State of Washington and its Participating Subdivisions agree that any return, amended
return, or written statement filed or provided pursuant to Section XIV.F.4 of the Global Settlement
with respect to this Agreement, and any similar document, shall be prepared and filed in a manner
consistent with reporting each Settling Distributor's portion of the aggregate amount of payments
paid or incurred by the Settling Distributors hereunder as the "Total amount to be paid" pursuant to
this Agreement in Box 1 of IRS Form 1098-F, each Settling Distributor's portion of the amount
equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder
less the Compensatory Restitution Amount as the "Amount to be paid for violation or potential
violation" in Box 2 of IRS Form 1098-F and each Settling Distributor's portion of the
Compensatory Restitution Amount as "Restitution/remediation amount" in Box 3 of IRS Form
1098-F, as reflected in Exhibit C, Exhibit D, and Exhibit E.
6
C. No Third-Party Beneficiaries. Except as expressly provided in this Agreement, no
portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that
is not the State of Washington or a Released Entity. The State of Washington may not assign or
otherwise convey any right to enforce any provision of this Agreement.
D. Cooperation. Each Agreement Party and each Participating Subdivision agrees to
use its best efforts and to cooperate with the other Agreement Parties and Participating Subdivisions
to cause this Agreement to become effective, to obtain all necessary approvals, consents and
authorizations, if any, and to execute all documents and to take such other action as may be
appropriate in connection herewith. Consistent with the foregoing, each Agreement Party and each
Participating Subdivision agrees that it will not directly or indirectly assist or encourage any
challenge to this Agreement or the Washington Consent Judgment by any other person, and will
support the integrity and enforcement of the terms of this Agreement and the Washington Consent
Judgment.
E. Enforcement. All disputes between Settling Distributors and the State of
Washington and/or the Participating Subdivisions in the State of Washington shall be handled as
specified in Section VI of the Global Settlement, including the referral of relevant disputes to the
National Arbitration Panel.
F. No Violations of Applicable Law. Nothing in this Agreement shall be construed to
authorize or require any action by Settling Distributors in violation of applicable federal, state, or
other laws.
G. Modification. This Agreement may be modified by a written agreement of the
Agreement Parties. For purposes of modifying this Agreement or the Washington Consent
Judgment, Settling Distributors may contact the Washington Attorney General for purposes of
coordinating this process. The dates and deadlines in this Agreement may be extended by written
agreement of the Agreement Parties, which consent shall not be unreasonably withheld.
H. No Waiver. Any failure by any Agreement Party to insist upon the strict
performance by any other party of any of the provisions of this Agreement shall not be deemed a
waiver of any of the provisions of this Agreement, and such party, notwithstanding such failure,
shall have the right thereafter to insist upon the specific performance of any and all of the
provisions of this Agreement.
I. Entire Agreement. This Agreement, including the Global Settlement(and its
exhibits), represents the full and complete terms of the settlement entered into by the Agreement
Parties, except as provided herein. In any action undertaken by the Agreement Parties, no prior
versions of this Agreement and no prior versions of any of its terms may be introduced for any
purpose whatsoever.
J. Counterparts. This Agreement may be executed in counterparts, and a facsimile or
.pdf signature shall be deemed to be, and shall have the same force and effect as, an original
signature.
K. Notice. All notices or other communications under this Agreement shall be
provided to the following via email and overnight delivery to:
7
Copy to AmerisourceBergen Corporation's attorneys at:
Michael T. Reynolds
Cravath, Swaine &Moore LLP
825 8th Avenue
New York,NY 10019
mreynolds@cravath.com
Copy to Cardinal Health, Inc. 's attorneys at:
Elaine Golin
Wachtell, Lipton, Rosen & Katz
51 West 52nd Street
New York,NY 10019
epgolin@wlrk.com
Copy to McKesson Corporation's attorneys at:
Thomas J. Perrelli
Jenner& Block LLP
1099 New York Avenue,NW, Suite 900
Washington, DC 20001-4412
TPerrelli@jenner.com
Copy to the State of Washington at:
Shane Esquibel
Jeffrey Rupert
Laura Clinton
Washington Attorney General's Office
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Shane.Esquibel@atg.wa.gov
Jeffrey.Rupert@atg.wa.gov
Laura.Clinton@atg.wa.gov
[Signatures begin on next page.]
8
Authorized and agreed to by:
c, 4 Dated: `� ROBERT W. FERGUSON
Attorney General, State r "ngton
By: Alige
Name: JEF RUPERT
Title: Division Chief
9
Authorized and agreed to by:
Dated: May 2, 2022 AMERISOURCEBERGEN CORPORATION
4*,
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
Authorized and agreed to by:
Dated: 04/29/2022 CARDINAL HEALTH, INC.
rt-- 46
By:
Name: Jessica Mayer
Title: Chief Legal and Compliance Officer
Authorized and agreed to by:
Dated: 15121 ZZ MCKESSON CORPORATION
By:
Name: Ear&li-JA C- r O U
Title: riodra' Sect irj
Exhibit A
Primary Subdivisions2
No. Subdivision Name
1. Aberdeen city
2. Adams County
3. Anacortes City
4. Arlington City
5. Asotin County
6. Auburn City*
7. Bainbridge Island City
8. Battle Ground City
9. Bellevue City*
10. Bellingham City*
11. Benton County*
12. Bonney Lake City
13. Bothell City*
14. Bremerton City*
15. Burien City*
16. Camas City
17. Centralia City
18. Chelan County*
19. Cheney City
20. Clallam County*
21. Clark County*
22. Covington City
23. Cowlitz County*
24. Des Moines City*
25. Douglas County*
26. East Wenatchee City
27. Edgewood City
28. Edmonds City*
29. Ellensburg City
30. Enumclaw City
31. Everett City*
32. Federal Way City*
33. Ferndale City
34. Fife City
35. Franklin County*
36. Gig Harbor City
37. Grandview City
38. Grant County*
2 Entities denoted with an asterisk(*)indicate a population of greater than 30,000 for purposes of the definition of
Primary Subdivision as it relates to Incentive Payment C.
A-1
39. Grays Harbor County*
40. Island County*
41. Issaquah City*
42. Jefferson County*
43. Kelso City
44. Kenmore City
45. Kennewick City*
46. Kent City*
47. King County*
48. Kirkland City*
49. Kitsap County*
50. Kittitas County*
51. Klickitat County
52. Lacey City*
53. Lake Forest Park City
54. Lake Stevens City*
55. Lakewood City*
56. Lewis County*
57. Liberty Lake City
58. Lincoln County
59. Longview City*
60. Lynden City
61. Lynnwood City*
62. Maple Valley City
63. Marysville City*
64. Mason County*
65. Mercer Island City
66. Mill Creek City
67. Monroe City
68. Moses Lake City
69. Mount Vernon City*
70. Mountlake Terrace City
71. Mukilteo City
72. Newcastle City
73. Oak Harbor City
74. Okanogan County*
75. Olympia City*
76. Pacific County
77. Pasco City*
78. Pend Oreille County
79. Pierce County*
80. Port Angeles City
81. Port Orchard City
82. Poulsbo City
83. Pullman City*
84. Puyallup City*
A-2
85. Redmond City*
86. Renton City*
87. Richland City*
88. Sammamish City*
89. San Juan County
90. Seatac City
91. Seattle City*
92. Sedro-Woolley City
93. Shelton City
94. Shoreline City*
95. Skagit County*
96. Skamania County
97. Snohomish City
98. Snohomish County*
99. Snoqualmie City
100. Spokane City*
101. Spokane County*
102. Spokane Valley City*
103. Stevens County*
104. Sumner City
105. Sunnyside City
106. Tacoma City*
107. Thurston County*
108. Tukwila City
109. Tumwater City
110. University Place City*
111. Vancouver City*
112. Walla Walla City*
113. Walla Walla County*
114. Washougal City
115. Wenatchee City*
116. West Richland City
117. Whatcom County*
118. Whitman County*
119. Woodinville City
120. Yakima City*
121. Yakima County*
A-3
Exhibit B
Litigating Subdivisions
No. Subdivision Name
1. Anacortes City
2. Bainbridge Island City
3. Burlington City
4. Chelan County
5. Clallam County
6. Clark County
7. Everett City
8. Franklin County
9. Island County
10. Jefferson County
11. Kent City
12. King County
13. Kirkland City
14. Kitsap County
15. Kittitas County
16. La Conner School District
17. Lakewood City
18. Lewis County
19. Lincoln County
20. Mount Vernon City
21. Mount Vernon School District
22. Olympia City
23. Pierce County
24. San Juan County
25. Seattle City
26. Sedro-Woolley City
27. Sedro-Woolley School District
28. Skagit County
29. Snohomish County
30. Spokane City
31. Spokane County
32. Tacoma City
33. Thurston County
34. Vancouver City
35. Walla Walla County
36. Whatcom County
37. Whitman County
B-1
Exhibit C
ABC IRS Form 1098-F
This Exhibit C will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
C-1
Exhibit D
Cardinal Health IRS Form 1098-F
This Exhibit D will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
D-1
Exhibit E
McKesson IRS Form 1098-F
This Exhibit E will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
E-1
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement,release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
F-1
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency,person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code,which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist,whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the Distributors Washington Settlement.
F-2
12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
F-3
Exhibit G
Consent Judgment and Stipulation of Dismissal with Prejudice
The Honorable Michael Ramsey Scott
Trial Date: November 15, 2021
STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT
STATE OF WASHINGTON, NO. 19-2-06975-9 SEA
Plaintiff, FINAL CONSENT JUDGMENT AND
DISMISSAL WITH PREJUDICE
v.
MCKESSON CORPORATION,
CARDINAL HEALTH INC., and
AMERISOURCEBERGEN DRUG
CORPORATION,
Defendants.
FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE
The State of Washington ("State") and McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the
subsidiaries thereof(collectively, the "Settling Distributors," and each a"Settling Distributor")
(together with the State, the"Parties," and each a"Party") have entered into a consensual
resolution of the above-captioned litigation (the "Action")pursuant to a settlement agreement
entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the
"Washington Agreement"), a copy of which is attached hereto as Exhibit A. The Washington
Agreement shall become effective by its terms upon the entry of this Final Consent Judgment
(the"Judgment")by the Court without adjudication of any contested issue of fact or law, and
without finding or admission of wrongdoing or liability of any kind. By entering into the
Washington Agreement, the State of Washington agrees to be bound by all terms and conditions
G-1
of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated)
(the"Global Agreement"), a copy of which is attached hereto as Exhibit B (together with the
Washington Agreement, the "Agreements")unless stated otherwise in the Washington
Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington
Agreement are intended to be consistent with the terms of the Global Settlement and shall be
construed accordingly.
I. RECITALS:
1. Each Party warrants and represents that it engaged in arm's-length negotiations in good
faith. In hereby executing the Agreements, the Parties intend to effect a good-faith settlement.
2. The State has determined that the Agreements are in the public interest.
3. The Settling Distributors deny the allegations against them and that they have any
liability whatsoever to the State, its Subdivisions, and/or (a) any of the State's or Subdivisions'
departments, agencies, divisions,boards, commissions, districts, instrumentalities of any kind and
attorneys, including its Attorney General, and any person in his or her official capacity whether
elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming
by or through any of the foregoing, (b) any public entities, public instrumentalities, public
educational institutions, unincorporated districts, fire districts, irrigation districts, and other
Special Districts, and (c) any person or entity acting in a parens patriae, sovereign, quasi-
sovereign,private attorney general, qui tam,taxpayer, or other capacity seeking relief on behalf of
or generally applicable to the general public.
4. The Parties recognize that the outcome of the Action is uncertain and a final resolution
through the adversarial process likely will require protracted litigation.
5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit P of the
Global Agreement.
6. Therefore,without any admission of liability or wrongdoing by the Settling Distributors
or any other Released Entities (as defined in the Global Agreement), the Parties now mutually
consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant
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to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of
protracted litigation.
NOW THEREFORE,IT IS HEREBY ORDERED,ADJUDGED AND DECREED THAT:
In consideration of the mutual promises, terms, and conditions set forth in the
Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and
between the Settling Distributors and the State, and adjudicated by the Court, as follows:
1. The foregoing Recitals are incorporated herein and constitute an express term of this
Judgment.
2. The Parties have entered into a full and final settlement of all Released Claims of
Releasors against the Settling Distributors(including but not limited to the State) and the Released
Entities pursuant to the terms and conditions set forth in the Agreements.
3. The "Definitions" set forth in Section I of the Global Agreement are incorporated by
reference into this Judgment. The State is a "Settling State" within the meaning of the Global
Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the
same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement,
the same meaning given to them in the Washington Agreement.
4. The Parties agree that the Court has jurisdiction over the subject matter of the Action
and over the Parties with respect to the Action and this Judgment. This Judgment shall not be
construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other
Released Entity may raise in any other proceeding.
5. The Court finds that the Agreements were entered into in good faith.
6. The Court finds that entry of this Judgment is in the public interest and reflects a
negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to
a retention of jurisdiction by the Court as provided herein and in the Agreements.
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7. By this Judgment, the Agreements are hereby approved by the Court, and the Court
hereby adopts their terms as its own determination of this matter and the Parties' respective rights
and obligations.
8. The Court shall have authority to resolve disputes identified in Section VI.F.1 of the
Global Agreement, governed by the rules and procedures of the Court.
9. The Parties have satisfied the Conditions to Effectiveness of Agreement set forth in
Section II.B of the Washington Agreement as follows:
a. The Enforcement Committee and the Settling Distributors executed the
Enforcement Committee Agreement by June 1, 2022.
b. All Litigating Subdivisions in the State of Washington and ninety percent(90%)
of Non-Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington became Participating Subdivisions
by September 23, 2022.
10. The Parties have satisfied the Condition to Effectiveness of Agreement set forth in
Section VIII of the Global Agreement and the Release set forth in Sections XI.A, F, and G of the
Global Agreement, as follows:
a. The Attorney General of the State exercised the fullest extent of his or her powers
to release the Settling Distributors and all other Released Entities from all
Released Claims pursuant to the release attached hereto as Exhibit C (the"AG
Release").
b. The Settling Distributors have determined that there is sufficient State
participation and sufficient resolution of the Claims of the Litigating Subdivisions
in the Settling States to proceed with the Agreements.
c. The Participation Form for each Initial Participating Subdivision in the State has
been delivered to the Settling Distributors. As stated in the Participation Form,
and for the avoidance of doubt, nothing in the Participation Form executed by the
Participating Subdivisions is intended to modify in any way the terms of the
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Agreements to which the Participating Subdivisions agree. As stated in the
Participation Form, to the extent the executed version of the Participation Form
differs from the Global Agreement in any respect, the Global Agreement controls.
d. Pursuant to Section VIII.B of the Global Agreement, each Participating
Subdivision in the State is dismissing with prejudice any Released Claims that it
has filed against the Settling Distributors and the Released Entities.
11. Release. The Parties acknowledge that the AG Release, which is incorporated by
reference herein, is an integral part of this Judgment. Pursuant to the Agreements and the AG
Release and without limitation and to the maximum extent of the power of the State's Attorney
General, the Settling Distributors and the other Released Entities are, as of the Effective Date,
hereby released from any and all Released Claims of(a)the State and its Participating Subdivisions
and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts,
instrumentalities of any kind and attorneys,including the State's Attorney General, and any person
in his or her official capacity whether elected or appointed to serve any of the foregoing, and any
agency,person, or other entity claiming by or through any of the foregoing, (b)any public entities,
public instrumentalities, public educational institutions, unincorporated districts, fire districts,
irrigation districts, and other Special Districts in the State, and (c) any person or entity acting in a
parens patriae, sovereign, quasi-sovereign, private attorney general, qui tam, taxpayer, or other
capacity seeking relief on behalf of or generally applicable to the general public with respect to
the State or any Subdivision in the State,whether or not any of them participate in the Agreements.
Pursuant to the Agreements and the AG Release and to the maximum extent of the State's power,
the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby
released from any and all Released Claims of (1) the State, (2) all past and present executive
departments, state agencies, divisions, boards, commissions and instrumentalities with the
regulatory authority to enforce state and federal controlled substances acts, and (3) any of the
State's past and present executive departments, agencies, divisions, boards, commissions and
instrumentalities that have the authority to bring Claims related to Covered Conduct seeking
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money (including abatement and/or remediation) or revocation of a pharmaceutical distribution
license. For the purposes of clause (3) above, executive depait,uients, agencies, divisions, boards,
commissions,and instrumentalities are those that are under the executive authority or direct control
of the State's Governor. Further, the provisions set forth in Section XI of the Global Agreement
are incorporated by reference into this Judgment as if fully set forth herein. The Parties
acknowledge, and the Court finds,that those provisions are an integral part of the Agreements and
this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any
modification of those rights and obligations may be made based only on a writing signed by all
affected parties and approved by the Court.
12. Release of Unknown Claims. The State expressly waives, releases, and forever
discharges any and all provisions,rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to
claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release that,
if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
13. The State may hereafter discover facts other than or different from those which it
knows,believes, or assumes to be true with respect to the Released Claims,but the State expressly
waived and fully, finally, and forever settled, released and discharged, through the Agreements
and AG Release, any and all Released Claims that may exist as of the Effective Date but which
the State does not know or suspect to exist,whether through ignorance,oversight,error,negligence
or through no fault whatsoever, and which, if known, would have materially affected the State's
decision to enter into the Agreements.
14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as
otherwise provided in the Agreements.
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15. No Admission of Liability. The Settling Distributors are consenting to this Judgment
solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken
as or construed to be an admission or concession of any violation of law, rule, or regulation, or of
any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling
Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits
that it caused or contributed to any public nuisance, and none of the Settling Distributors or any
other Released Entity admits any wrongdoing that was or could have been alleged by the State, its
Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute
evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released
Entity. The Parties acknowledge that payments made under the Agreements are not a fine,penalty,
or payment in lieu thereof and are properly characterized as described in Section V.F of the Global
Agreement.
16. No Waiver. This Judgment is entered based on the Agreements without adjudication
of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be
construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's
right,to defend itself from, or make any arguments in, any other regulatory,governmental,private
individual, or class claims or suits relating to the subject matter or terms of this Judgment.
Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly
provided in the Agreements.
17.No Private Right of Action. This Judgment is not intended for use by any third party
for any purpose, including submission to any court for any purpose, except pursuant to Section
VI.A of the Global Agreement. Except as expressly provided in the Agreements,no portion of the
Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity
that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in
the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling
State, including the State of Washington, may assign or otherwise convey any right to enforce any
provision of the Agreements.
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18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in
other cases against the Settling Distributors or binding on the Settling Distributors in any respect
other than in connection with the enforcement of this Judgment or the Agreements. For the
avoidance of doubt,nothing herein shall prohibit a Settling Distributor from entering this Judgment
or the Agreements into evidence in any litigation or arbitration concerning (1) a Settling
Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases
provided for by the Agreements and this Judgment.
19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and
no act required to be performed pursuant to the Agreements or this Judgment, is intended to
constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work
product protection, or common interest/joint defense privilege, and each Party agrees that it shall
not make or cause to be made in any forum any assertion to the contrary.
20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were
negotiated on an arm's-length basis between parties of equal bargaining power and was drafted
jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by
reference and shall be mutually interpreted and not construed in favor of or against any Party,
except as expressly provided for in the Agreements.
21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the
limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement.
The Court shall have jurisdiction over Participating Subdivisions in the State for the limited
purposes identified in the Agreements.
22. Successors and Assigns. This Judgment is binding on each of the Settling Distributor's
successors and assigns.
23. Modification. This Judgment shall not be modified (by the Court, by any other court,
or by any other means)without the consent of the State and the Settling Distributors,or as provided
for in Section XIV.0 of the Global Agreement.
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So ORDERED this day of 2022.
THE HONORABLE JUDGE MICHAEL. R. SCOTT
APPROVED, AGREED TO AND PRESENTED BY:
ROBERT W. FERGUSON STOEL RIVES LLP
Attorney General
s/ s/
MARTHA RODRIGUEZ LOPEZ, VANESSA SORIANO POWER,
WSBA No. 35466 WSBA No. 30777
ANDREW R.W. HUGHES, WSBA No. 49515 JENNA M. POLIGO, WSBA No. 54466
NATHAN K. BAYS, WSBA No. 43025 RACHEL C. LEE, WSBA No. 48245
BRIAN H. ROWE, WSBANo. 56817
SPENCER W. COATES, WSBANo. 49683 S. JULIA LITTELL, WSBA No. 54106
KELSEY E. ENDRES, WSBA No. 39409 PER RAMFJORD,pro hac vice
LAURA K. CLINTON, WSBA No. 29846 CHRIS C. RIFER, pro hac vice
JONATHAN J. GUSS,WSBANo. 57663
SUSAN E. LLORENS, WSBA No. 38049
LIAE. PERNELL, WSBANo. 50208 WILLIAMS & CONNOLLYLLP
MOTLEY RICE LLC s/
LORYN HELFMANN, pro hac vice
A. JOSHUA PODOLL, pro hac vice
s/ SUZANNE SALGADO, pro hac vice
LINDA SINGER, pro hac vice NEELUM J. WADHWANI, pro hac vice
ELIZABETH SMITH, pro hac vice PAUL E. BOEHM, pro hac vice
DAVID I. ACKERMAN, pro hac vice ELEANOR J.G. WASSERMAN, pro hac vice
JAMES LEDLIE, pro hac vice DAVID J. PARK, pro hac vice
DON MIGLIORI, pro hac vice JOSHUA D. TULLY, pro hac vice
REBECCA FONSECA, pro hac vice STEVEN PYSER, pro hac vice
MICHAEL J. QUIRK, pro hac vice ENU A. MAINIGI, pro hac vice
ANNIE KOUBA, pro hac vice JENNIFER G. WICHT, pro hac vice
MICHAEL J. PENDELL, pro hac vice JOSEPH S. BUSHUR, pro hac vice
CHRISTOPHER MORIARTY, pro hac vice COLLEEN MCNAMARA, pro hac vice
LISA M. SALTZBURG, pro hac vice MATTHEW P. MOONEY, pro hac vice
NATALIA DEYNEKA, pro hac vice ASHLEY W. HARDIN, pro hac vice
MICHAEL E. ELSNER, pro hac vice J. ANDREW KEYES, pro hac vice
ANDREW P. ARNOLD, pro hac vice EMILY R. PISTILLI, pro hac vice
MIMI LIU, pro hac vice BRAD MASTERS, pro hac vice
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ANN RITTER, pro hac vice WILLIAM F. HAWKINS, pro hac vice
SARA AGUINGUA, pro hac vice
DAVID BURNETT, pro hac vice Attorneys for Defendant Cardinal Health Inc.
VINCENT GREENE, pro hac vice
Attorneys for Plaintiff State of Washington GORDON TILDEN THOMAS & CORDELL
LLP
s/
FRANKLIN D. CORDELL,
WSBA No. 26392
JEFFREY M. THOMAS,
WSBANo. 21175
KASEY HUEBNER,
WSBA No. 32890
COVINGTON& BURLING
CHISTOPHER EPPICH, pro hac vice
ANDREW STANNER, pro hac vice
KEVIN KELLY, pro hac vice
AMBER CHARLES, pro hac vice
MEGHAN MONAGHAN, pro hac vice
ISAAC CHAPUT, pro hac vice
DANIEL EAGLES, pro hac vice
MEGAN MCLAUGHLIN, pro hac vice
DEVON L. MOBLEY-RITTER, pro hac vice
MEGAN RODGERS, pro hac vice
SONYA D. WINNER, pro hac vice
CLAYTON L. BAILEY, pro hac vice
JAMES A. GOOLD, pro hac vice
EMILY KVESELIS, pro hac vice
PAUL W. SCHMIDT, pro hac vice
ALEXANDER SETZEPFANDT, pro hac vice
CHRISTIAN J. PISTILLI, pro hac vice
LAUREN DORRIS, pro hac vice
NICHOLAS GRIEPSMA, pro hac vice
ALISON DICIURCIO, pro hac vice
SARA J. DENNIS, pro hac vice
PHYLLIS A. JONES, pro hac vice
DALE A. RICE, pro hac vice
Attorneys for Defendant McKesson Corp.
LANE POWELL PC
s/
JOHN S. DEVLIN III, WSBANo. 23988
PILAR FRENCH, WSBANo. 33300
REED SMITH LLP
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ROBERT A. NICHOLAS, pro hac vice
KIM M. WATTERSON, pro hac vice
STEVEN BORANIAN, pro hac vice
ELIZABETH BRANDON, pro hac vice
Attorneys for Defendant AmerisourceBergen
Drug Corporation and AmerisourceBergen
Corporation
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DECLARATION OF SERVICE
I declare that I caused a copy of the foregoing document to be electronically served using
the Court's Electronic Filing System, which will serve a copy of this document upon all counsel
of record.
CARDINAL
Vanessa S. Power, Atty vanessa.power@stoel.com
Jenna Poligo, Atty jenna.poligo@stoel.com
Per A. Ramfjord, Atty per.ramfjord@stoel.com
Rachel C. Lee, Atty rachel.lee@stoel.com
Christopher C. Rifer, Atty christopher.rifer@stoel.com
Loryn Helfmann, Atty lhelfmann@wc.com
A. Joshua Podoll, Atty apodoll@wc.com
Suzanne Salgado, Atty ssalgado@wc.com
Neelum J. Wadhwani, Atty nwadhwani@wc.com
Paul E. Boehm, Atty pboehm@wc.com
Eleanor J. G. Wasserman, Atty ewasserman@wc.com
David J. Park, Atty dpark@wc.com
Joshua D. Tully, Atty @lly@wc.com
Steven Pyser, Atty spyser@wc.com
Enu A. Mainigi, Atty emainigi@wc.com
Jennifer G. Wicht, Atty jwicht@wc.com
Joseph S. Bushur, Atty jbushur@wc.com
Colleen McNamara, Atty cmcnamara@wc.com
Ashley W. Hardin, Atty ahardin@wc.com
J. Andrew Keyes, Atty akeyes@wc.com
Emily R. Pistilli, Atty epistilli@wc.com
William F. Hawkins, Atty whawkins@wc.com
Stoel Docketing docketclerk@stoel.com
Leslie Lomax, Legal Assistant leslie.lomax@stoel.com
WA Action cardinalwashingtonaction@wc.com
MCKESSON
Franklin D. Cordell fcordell@gordontilden.com
Jeffrey M. Thomas jthomas@gordontilden.com
Kasey Huebner khuebner@gordontilden.com
Christopher Eppich, Atty ceppich@cov.com
Andrew Stanner, Atty astanner@cov.com
Kevin Kelly, Atty kkelly@cov.com
Amber Charles, Atty acharles@cov.com
Meghan Monaghan, Atty mmonaghan@cov.com
Isaac Chaput, Atty ichaput@cov.com
Daniel Eagles, Atty deagles@cov.com
Megan McLaughlin, Atty mmclaughlin@cov.com
Devon L. Mobley-Ritter, Atty dmobleyritter@cov.com
Megan Rodgers, Atty mrodgers@cov.com
Sonya D. Winner, Atty swinner@cov.com
Clayton L. Bailey, Atty cbailey@cov.com
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James A. Goold, Atty jgoold@cov.com
Emily Kveselis, Atty ekveselis@cov.com
Paul W. Schmidt, Atty pschmidt@cov.com
Alexander Setzepfandt, Atty asetzepfandt@cov.com
Christian J. Pistilli, Atty cpistilli@cov.com
Lauren Dorris, Atty ldorris@cov.com
Nicholas Griepsma, Atty ngriepsma@cov.com
Alison DiCiurcio, Atty adiciurcio@cov.com
Sara J. Dennis,Atty sdennis@cov.com
Phyllis A. Jones, Atty pajones@cov.com
Dale A. Rice, Atty drice@cov.com
Nicole Antoine, Atty nantoine@cov.com
Timothy Hester, Atty thester@cov.com
Gregory L. Halperin, Atty galperin@cov.com
Stephen Petkis,Atty spetkis@cov.com
Alice Phillips Atty aphillips@cov.com
Ellen Evans, Legal Assistant eevans@gordontilden.com
Jacqueline Lucien Legal Assistant jlucien@gordontilden.com
Courtney Caryl Garth, Paralegal ccaryl@gordontilden.com
Electronic Mailing Inbox mckessonwa@cov.com
AMERISOURCEBERGEN
Pilar French, Atty frenchp@lanepowell.com
John S. Devlin III, Atty devlinj@lanepowell.com
Katie Bass, Atty bassk@lanepowell.com
Elizabeth Brandon, Atty ebrandon@reedsmith.com
Sarah Johansen, Atty sjohansen@reedsmith.com
Rachel B. Weil, Atty rweil@reedsmith.com
Steven Boranian, Atty sboranian@reedsmith.com
Adam D. Brownrout, Atty abrownrout@reedsmith.com
Nicole S. Soussan, Atty nsoussan@reedsmith.com
Brian T. Himmel, Atty bhimmel@reedsmith.com
Shannon E. McClure, Atty smcclure@reedsmith.com
Michael J. Salimbene, Atty msalimbene@reedsmith.com
Robert A. Nicholas, Atty Nicholas@reedsmith.com
Thomas H. Suddath, Jr.,Atty tsuddath@reedsmith.com
Thomas J. McGarrigle, Atty tmcgarrigle@reedsmith.com
Courtland C. Chillingworth, Atty cchillingworth@reedsmith.com
Christina M. Vitale, Atty cvitale@reedsmith.com
Brian T. Kiolbasa, Atty kiolbasab@lanepowell.com
Abigail M. Pierce, Atty abigail.pierce@reedsmith.com
Joseph Mahady, Atty jmahady@reedsmith.com
Jeffrey R. Melton, Atty jmelton@reedsmith.com
Anne E. Rollins, Atty arollins@reedsmith.com
Eric J. Buhr, Atty ebuhr@reedsmith.com
Brent R. Gary, Atty bgary@reedsmith.com
Kim M. Watterson, Atty KWatterson@reedsmith.corn
Jeffrey M. Weimer, Atty JWeimer@reedsmith.com
E-Mailbox Docketing-SEA@lanepowell.com
E-Mailbox Docketing-PDX@lanepowell.com
E-Mailbox ABDCWA@LanePowell.com
G-13
DATED day of 2022, at Seattle, Washington.
s/
ANDREW R.W. HUGHES, WSBA No. 49515
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Exhibit H Distributor Global Settlement Agreement
This document is not attached due to its size. The document can be found here: https://agportal-
s3bucket.s3.amazonaws.com/Distributors Settlement/National%20Distributor%20 S ettl ement.p df
EXHIBIT 2
Subdivision Settlement Participation Form
(Exhibit F of the Distributors Settlement)
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
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8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency,person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor,provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows,believes, or assumes to be true with respect to the Released Claims,but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the Distributors Washington Settlement.
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12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 3
One Washington Memorandum of Understanding Between Washington Municipalities
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Government(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5. "Local Government(s)" shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements" means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and"Participating Cities and
Towns" (or"Participating Cities or Towns," as appropriate) or"Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing,promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or"QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title l lof the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15. "Trustee" shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16. The "Washington State Accountable Communities of Health" or
"ACH" shall mean the nine (9)regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes
1. All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2. All Opioid Funds,regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3. The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re:National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1)the amount of opioids
shipped to the county; (2)the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total"line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9)pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d. Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds,provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j. The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary,requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or(2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund("GFF") shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d)Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years,with
50%paid within 12 months of the date of Settlement and 25%paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of: (i)the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section,payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8. The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit"tax" imposed by the court in In Re:National
Prescription Opiate Litigation,United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered,provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act. The Parties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5. Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank—Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of , 2022 by:
Name & Title
On behalf of
4894-0031-1574,v.2
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EXHIBIT A
OPIOID ABATEMENT STRATEGIES
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER(OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a. Medication-Assisted Treatment(MAT);
b. Abstinence-based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e. Evidence-informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
1
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web-based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web-
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service for
Medication-Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
2
3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction.
5. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and
any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-
based, evidence-informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment(SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
3
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
depailinents, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction or to persons who have experienced on
opioid overdose.
11. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non-profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
4
17. Develop or support a National Treatment Availability Clearinghouse — a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co-
usage, and/or co-addiction who are involved — or are at risk of becoming involved — in the
criminal justice system through evidence-based, evidence-informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre-arrest or post-arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co-responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide
referrals to evidence-informed treatment, including MAT.
5
4. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or
promising programs or strategies that may include,but are not limited to, the following:
1. Support evidence-based, evidence-informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women — or
women who could become pregnant—who have OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
6
5. Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction,
including but not limited to parent skills training.
6. Support for Children's Services — Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence-based, evidence-informed, or promising programs or strategies
that may include,but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP — Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
7
b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence-
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence.
2. Public education relating to drug disposal.
3. Drug take-back disposal or destruction programs.
4. Fund community anti-drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence-informed prevention, such
as reduced social access and physical access, stigma reduction — including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence-informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non-profits and faith-based communities as systems to support prevention.
7. Support evidence-informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent-
teacher and student associations, and others.
8. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage,
and/or co-addiction.
10. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
8
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
9
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
10
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
11
EXHIBIT B
Local
County Government %Allocation
Adams County
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total: 0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total: 0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total: 2.5480622463%
Chelan County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total: 1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total: 1.7675353928%
*** - Local Government appears in multiple counties B-1
EXHIBIT B
Local
County Government %Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total: 6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total: 0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total: 2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island _
Waterville
County Total: 0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total: 0.1153487994%
*** - Local Government appears in multiple counties B-2
EXHIBIT B
Local
County Government %Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus _
Mesa
Pasco 0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total: 0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076%
*** - Local Government appears in multiple counties B-3
EXHIBIT B
Local
County Government %Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471%
Island County
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total: 0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total: 0.4417137380%
*** - Local Government appears in multiple counties B-4
EXHIBIT B
Local
County Government %Allocation
King County
King County 13.9743722662%
Algona
Auburn*** 0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell*** 0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw*** 0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total: 26.0505653608%
*** - Local Government appears in multiple counties B-5
EXHIBIT B
Local
County Government %Allocation
Kitsap County
Kitsap County_ _ 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total: 3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total: 0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock _
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total: 1.2687367832%
*** - Local Government appears in multiple counties B-6
EXHIBIT B
Local
County Government %Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total: 0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total: 0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total: 0.4895416466%
*** - Local Government appears in multiple counties B-7
EXHIBIT B
Local
County Government %Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick _
lone
Metaline
Metaline Falls
Newport
County Total: 0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw*** 0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total: 12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total: 0.2101495171%
*** - Local Government appears in multiple counties B-8
EXHIBIT B
Local
County Government %Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon _ 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total: 1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total: 0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell*** 0.2654558588%
Brier
Da rrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total: 11.8213083387%
*** - Local Government appears in multiple counties B-9
EXHIBIT B
Local
County Government %Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total: 8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tu mwater 0.2065982350%
Yelm
County Total: 3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total: 0.0596582197%
*** - Local Government appears in multiple counties B-10
EXHIBIT B
Local
County Government %Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott _
Waitsburg
Walla Walla 0.3140768654%
County Total: 0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total: 2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St.John
Tekoa
Uniontown
County Total: 0.4841643328%
*** - Local Government appears in multiple counties B-11
EXHIBIT B
Local
County Government %Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total: 2.7192887991%
*** - Local Government appears in multiple counties B-12
EXHIBIT 4
Non-Exhaustive List of Expenditures that Qualify as Opioid Remediation
(Exhibit E of the Global Settlement)
FINAL AGREEMENT 3.25.22
EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However,priority shall be given to the following core abatement strategies ("Core
Strategies").14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT ("MAT")
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
14 As used in this Schedule A,words like"expand,""fund,""provide"or the like shall not indicate a preference for
new or existing programs.
E-1
FINAL AGREEMENT 3.25.22
C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment ("SBIRT') services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder("OUD") and other
Substance Use Disorder("SUD")/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation,job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME ("NAS")
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation,job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
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FINAL AGREEMENT 3.25.22
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar
to the FDA's "Real Cost" campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in
pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals
to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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FINAL AGREEMENT 3.25.22
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder(OUD) and any co-occurring Substance Use Disorder
or Mental Health(SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include,but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER(OUD)
Support treatment of Opioid Use Disorder("OUD") and any co-occurring Substance Use
Disorder or Mental Health("SUD/MH") conditions through evidence-based or evidence-
informed programs or strategies that may include,but are not limited to, those that:15
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment("MAT')
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support,
and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs ("OTPs")to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD
and any co-occurring mental health conditions.
15 As used in this Schedule B,words like"expand,""fund,""provide"or the like shall not indicate a preference for
new or existing programs.
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FINAL AGREEMENT 3.25.22
8. Provide training on MAT for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or
underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 ("DATA 2000")to prescribe MAT for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service—Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service for Medication—
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement,job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing,peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling,peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
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FINAL AGREEMENT 3.25.22
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include,but are not limited to, those that:
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FINAL AGREEMENT 3.25.22
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MAT, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
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FINAL AGREEMENT 3.25.22
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include,but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative ("PAARI");
2. Active outreach strategies such as the Drug Abuse Response Team
("DART')model;
3. "Naloxone Plus" strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion ("LEAD")model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including MAT,
and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
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FINAL AGREEMENT 3.25.22
4. Provide evidence-informed treatment, including MAT, recovery support,harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support,harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions ("CTI"),particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome ("NAS"), through evidence-based or evidence-informed programs
or strategies that may include,but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT,
recovery services and supports, and prevention services for pregnant women—or
women who could become pregnant—who have OUD and any co-occurring
SUD/MH conditions, and other measures to educate and provide support to
families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies
and their families.
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FINAL AGREEMENT 3.25.22
5. Provide training to health care providers who work with pregnant or parenting
women on best practices for compliance with federal requirements that children
born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD
and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to,parent skills
training.
10. Provide support for Children's Services—Fund additional positions and services,
including supportive housing and other residential services,relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include,but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education(CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs ("PDMPs"), including, but not limited to, improvements that:
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FINAL AGREEMENT 3.25.22
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs,by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include,but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration ("SAMHSA").
7. Engaging non-profits and faith-based communities as systems to support
prevention.
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FINAL AGREEMENT 3.25.22
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs,parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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FINAL AGREEMENT 3.25.22
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffmg, space,peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership,planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include,but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
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FINAL AGREEMENT 3.25.22
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c)to
report program or strategy outcomes; or(d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid
abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities,programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care,pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
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FINAL AGREEMENT 3.25.22
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including,but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring ("ADAM") system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with
treatment engagement and treatment outcomes.
E-15
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Expo Expansion Project Commerce Award
Change of Scope
GOVERNING LEGISLATION: Sections 209 and 703 of the Public Works and Economic
Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDARCW)
PREVIOUS COUNCIL ACTION TAKEN:
• On March 8, 2016, Council heard a report from Community Attributes, Inc. (CAI) on the
Retail Improvement Study, as well as the Tourism Enhancement Study.
• On August 16, 2016, Council authorized staff to move forward with the analysis of six
potential tourism enhancement projects.
• On December 20, 2016, Council heard a report from CAI on an update to the Tourism
Enhancement Study, including analysis of the six projects approved by Council as well as
the Plante's Ferry expansion and the HUB Complex.
• On July 10, 2018, Council approved a motion to limit future discussions of this topic to the
fairgrounds and stadium district, a sports complex, and CenterPlace west lawn expansion.
• On August 14, 2018, Council heard an administrative report which went into greater detail
on the economic analysis of the fairgrounds and stadium district, a sports complex, and
CenterPlace west lawn expansion.
• On April 9, 2019, Council heard an administrative report that updated Council on the status
of the Council preferred alternatives including the Expo Expansion at the Fairgrounds.
• On May 26, 2020, Council heard an update on tourism venues and projects, including
financial benefits and impacts of the Expo Expansion at the Fairgrounds.
• On September 22 and October 20, 2020, Council and staff discussed a capital request for
the Expo Expansion project, and there was Council consensus on October 20, 2020, to
include it on the 2021 State Legislative Agenda, with a capital request of$4 million in state
funds toward the Expo Expansion project.
• On November 17, 2020, the Council adopted the State Legislative Agenda that included
the Expo Expansion project.
• On May 18, 2021, the City was awarded $750,000 appropriation from the WA State
Legislature towards the Expo Expansion project.
• On August 24, 2021, the Council allocated $1.0 million toward the Expo Expansion project
in the Capital Reserve Fund 312.
• On October 19, 2021, the Council authorized the City Manager to apply for the ARPA
Tourism grant for the Expo Expansion project in conjunction with Spokane County.
• On December 7, 2021, the Council authorized the City Manager to increase the ARPA
Tourism grant request from $3.0 million to $4.25 million to account for funding from
Spokane County that was unable to be directed towards the Expo Expansion project.
Page 1 of 3
• On December 14, 2021, City Council approved the allocation of $3.5 million of Lodging
Tax funds from Fund #104 (Hotel Motel Tax Tourism Facilities) to the Expo Expansion
project.
• On February 15, 2022, City Council received an Information Item in the agenda packet
that detailed the improvements needed to Avista Stadium as part of new Major League
Baseball requirements.
• On February 22, 2022, City Council directed staff to withdraw an application to the
Economic Development Administration for financial assistance for the building due to
increased costs associated with the project.
• On April 19, 2022, City Council heard a presentation from Chris Duff, President of the
Spokane Indians organization detailing the ball club's history and activities within the
community.
• On June 30, City Council toured Avista Stadium to learn more about the facilities and the
specific areas needing improvements.
BACKGROUND: The City's 2021 State Legislative Agenda included a request for a $4 million
allocation to the Spokane County Expo Center Expansion Project that at the time was estimated
to cost $10 million. On May 18, 2021, the City was awarded $750,000 from the legislature for the
project. Only a limited amount of funds (less than 5%) could be used for design purposes. The
City actively pursued this project as means of improving the hospitality and tourism environment
as the region was suffering from the impacts of Covid 19. Various funding opportunities were
investigated which resulted in the City Council designating $1 million towards design efforts, a
$3.5 million award from the Lodging Tax Process, and an application to the federal Economic
Development Administration (EDA) for a funding opportunity through the American Rescue Plan
Act Travel, Tourism and Outdoor Recreation grant program (ARPA Tourism).
On January 12, 2022, the City entered into a contract with OAC Services, Inc. for project
management and owner's representative services for the Expo Expansion project. In response
to the EDA's comment regarding cost estimates and conversations with OAC, the City requested
OAC to review the 2018 cost estimates used in the EDA grant application. OAC estimated, based
on construction market conditions at the beginning of 2022, that the project cost had increased
at least $4 million, resulting in a then cost of the Expo Expansion project of at least $14 million.
Prices have escalated since that time and the current cost of the project is unknown. On February
22, 2022, City Council directed staff to withdraw the EDA grant application and to further study
the Expo Center as part of an overall update to the City's 2017 Tourism Study.
Concurrently, the City became aware of the need for upgrades to Avista Stadium that are required
by Major League Baseball as part of the changes to the minor league. The Spokane Indians have
been selected to participate in a longer season, but that status is dependent on modifications to
the facility for enhanced player experiences. These include revised player clubhouses, dining
areas, workout and weight rooms, new score board, improved lighting, and other amenities.
These enhancements need to be completed by 2025 or the Indians' participation at this level will
be in jeopardy. A recent economic evaluation of the Spokane Indians operation estimates their
economic impact on the region at $26.8 million in total spending, 239 jobs, and $1.5 million in
sales and hotel/motel tax revenues.
The City needs to decide whether to decline the $750,000 legislative award for the project or to
redirect the award to the Avista Stadium improvements through a change of scope process
through the Department of Commerce. Staff has researched the change of scope process and
has had discussions with Senator Padden regarding this possibility and it appears to be a viable
Page 2 of 3
option. Staff is seeking Council's direction on the disposition of this award. If authorized by
Council, staff will move forward with the change of scope process in coordination with Spokane
County and the Spokane Indians.
OPTIONS:
1. Notify the Department of Commerce that the City no longer has a need for the $750,000
2021 Legislative Award due to the financial constraints of the current construction
environment's impact of moving the Expo Expansion Center project forward.
2. Work with the Department of Commerce, Spokane County, and the Spokane Indians on
a change of scope process to redirect this award to specific stadium improvements.
RECOMMENDED ACTION OR MOTION: Based on the considerations above, staff recommends
Council move to authorize the City Manager to move forward on a change of scope process
through the Department of Commerce to reallocate the 2021 Legislative Award of $750,000 to
the Avista Stadium Improvements.
BUDGET/FINANCIAL IMPACTS: None at this time.
STAFF CONTACT: John Hohman, PE, City Manager
ATTACHMENTS: None
Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6, 2022 Department Director Approval: ❑
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Homeless Program Update
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN: NA
BACKGROUND:
The Homeless & Housing Coordinator (H&H) and Outreach team have been working to engage
unhoused individuals in our community and connect them to services, to respond to community
concerns, and to better understand the scope and emergent trends of homelessness in our
community. Below is a summary of those efforts.
Point In Time (PIT) Data
This year's PIT count found a total of 1,757 homeless people in Spokane County, 823 of which
were unhoused. This represents a 35% increase of unsheltered homelessness since the last PIT
count in 2020. These numbers do not include anyone who may be couch-surfing, living in a hotel,
doubled-up, or in similar situations.
According to the PIT data, 13% of unsheltered respondents indicated they were last housed in
Spokane Valley, which is in line with our internal estimates of 100-120 unsheltered individuals
within our City at any given time. Additionally, 74% of all those counted were last living in Spokane
County at the time they became homeless.
During the PIT count this year, 80 individuals were counted within Spokane Valley. This is a
significant increase from the 27 individuals counted (23 of which were counted at a Spokane
Valley Partners event) in Spokane Valley the last time the PIT count was undertaken in 2020.
City of Spokane Valley Data Collection
In May of this year two new data collection tools were created in coordination with the City's GIS
Analyst. These tools are currently being used by the Homeless Outreach team. The first is a
survey tool used to track information about the people we are encountering, where we are
encountering them, and in what types of situations. The second tool is for tracking camps, trash,
and vehicles for follow-up by code enforcement, SCOPE volunteers, or clean-up crews. Using
these tools our Outreach Specialist has tracked every contact she has made since the
applications came online. In the first six months of this year (January — July), the Outreach
Specialist has recorded 292 total contacts.
Police Department and Homeless Outreach
In December 2021 the City entered into an agreement with Spokane Valley Partners to provide a
full-time Outreach Specialist working in our community. This position works closely with the H&H
Coordinator and is focused on contacting and connecting unhoused individuals to available
services, as well as responding to requests for services from residents and businesses. The City's
dedicated homeless Outreach Officer and Outreach Specialist work together on a daily basis.
This innovative pairing provides a combination of social service expertise and law enforcement
Page 1 of 4
capabilities in a single outreach team. This allows the City of Spokane Valley to better handle the
complex challenges in our unhoused population.
Two bike patrol officers were added in late June and will operate through August. While these
officers are not specifically focused on homelessness, there is significant overlap with the
Outreach team's work, and the two teams often work in tandem. The bike officers have helped to
patrol known hot spots that the Outreach team has identified but is not always able to cover on a
consistent basis.
Trends and Challenges
The Outreach team has seen an increase in homelessness in Spokane Valley, including those
living in vehicles. This observation coincides with our data that also shows an increase in
homelessness region-wide. With this increase, we have seen an influx of unhoused people
loitering and sleeping in parks and restrooms.
While most of the people we encounter were last housed in Spokane Valley, we are also seeing
more people who are from outside the City come to our community. As numbers rise region-wide,
and the City of Spokane changes its approach to remove or dissuade camping, Spokane Valley
we'll continue to see spillover. This is expected to increase as 1) the City of Spokane opens the
new shelter on Trent that abuts the City of Spokane Valley, and 2) as Camp Hope is disbanded.
We know a number of vehicles and individuals from Spokane Valley are currently staying at Camp
Hope, and we anticipate when it is broken up there will be some influx into our community.
The scourge of fentanyl is having a significant impact in our community. Both cheap and highly
addictive, fentanyl has become the drug of choice for many people who live on our streets. Burnt
foil and other related drug paraphernalia are common in public restrooms and other public
locations and camps. The easy accessibility of fentanyl has been a major contributor to the
problems we encounter daily.
Outside agencies that own property within our City boundaries, such as DNR, Union Pacific
Railroad, and DOT are not enforcing existing no-camping rules on their properties. This has meant
that our Outreach team is regularly tasked with enforcement and follow-up on their properties.
The City's legal team has been leading conversations with these outside entities to find solutions
and compel action on their behalf.
Spokane County contracts with providers for outreach services that are partially funded by
recording fees collected in the City. Unfortunately, these contracts do not specify or require that
outreach be performed within the City of Spokane Valley. We have had direct conversations with
providers who have told us they have no obligation to serve Valley residents, despite the funding
our City provides for the work.
Finally, additional challenges we face are related to service availability and location. There are no
options for long-term parking or pet care for those entering stabilization or treatment. Giving up a
pet or vehicle to enter treatment is not an option for many of the people we encounter. All existing
shelter options are in the City of Spokane, which is a major deterrent for many of the people we
encounter who are in the Valley either because this is their home, or because they intentionally
want to avoid Spokane. Additionally, many existing shelters do not allow couples to stay together,
pets, or vehicle/RV parking. These restrictions put many people we contact in situations that make
it challenging for them to access existing shelter options.
Accomplishments
The Outreach team has been successful in getting 36 people this year to enter stabilization for
withdrawal management and treatment, 21 people into shelter, or 5 into housing. Getting
Page 2 of 4
individuals to trust the team and accept interventions is the result of relationship building and
continual efforts by the Outreach team. The City maintains contracts with several shelters to
provide bed space for individuals contacted in Spokane Valley, one for women at Hope House,
and the other for men at Truth Ministries.
We have received 48 SVexpress requests for service so far in 2022. Responding to these
requests for service is part of what accounts for the 68,400 pounds of trash removed between
January and July of this year. The data tracking apps we have developed are important tools for
mapping and follow-up for camp, trash, and abandoned vehicle removal. These apps are critical
for helping us understand the scope and details around who is experiencing homelessness and
where in our community.
Developing partnerships has been a major focus for the program this year.We have been working
with the Chamber of Commerce to create materials for businesses and provide regular outreach
events. We have developed relationships with various providers, from transitional housing
providers like Reclaim Project and Family Promise, to mental health and addiction service
providers like Pioneer Human Services and Frontier Behavioral Health. Relationships we are
building with affordable housing developers like Community Frameworks and the Spokane
Housing Authority will be key to meeting housing goals outlined in the Housing Action Plan.
The partnership with the SVPD and agencies like State Parks and DNR has been critical to our
ability to successfully respond to issues related to homelessness in our community. The
partnership between an Outreach Specialist and Homeless Outreach Officer is unique in our
region. Where neighboring cities must deal with police and outreach workers that often have
conflictual relationships and are working at cross-purposes, we have been successful in getting
these two key components of an effective homeless response program to work together and
complement what each provides individually.
Representing the City of Spokane Valley and its interests in regional discussion around
homelessness has been another goal for the program in 2022. The City has four representatives
on the County's HCDAC board. Council member Woodard, community members Tom Hormel
and Amanda Tainio, and the H&H Coordinator all serve on this board that is responsible for
distributing County funds to homeless service providers. With his role on this board, the H&H
coordinator has been able to advocate for contractual changes that will ensure outreach and
service grants are utilized within Spokane Valley rather than focused in the City of Spokane. The
H&H coordinator also serves as co-chair for one of the Continuum of Care's (CoC) standing sub-
committees, as well as a member of the CoC's RFP review committee, and Governance Review
committee. The City of Spokane Valley was represented in recent regional discussions focused
on how to spend ARPA and Department of Commerce funds.
The Community Homeless Action Plan (CHAP) is under development, and currently being
reviewed internally before it will be shared with community stakeholders for feedback. This
comprehensive plan is intended to outline the goals and strategies for addressing homelessness
in our community, from keeping people housed in the first place whenever possible, to mitigating
for the impacts that are associated with homelessness, to reducing the number of unhoused
residents in our community.
These accomplishments represent positive steps in our City's response to the complex and
growing problem of homelessness. Moving forward we will continue to build relationships with
providers and collect data about the scope and nature of homelessness in our community. As we
gain a better understanding of what homelessness looks like in our community, we will continue
to seek partnerships and develop resources that can target the needs where they exist. We will
continue to respond to residents' and businesses' requests for service and mitigate for the impacts
Page 3 of 4
of homelessness wherever possible. While we work to address the short-term impacts of
homelessness, we will also continue to seek and advocate for long-term solutions that can stem
the growing tide of homelessness in the City of Spokane Valley. With these efforts we believe we
can continue to make progress around issues of homelessness and help improve the quality of
life for every resident in the City of Spokane Valley.
OPTIONS: NA
RECOMMENDED ACTION OR MOTION: NA
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Eric Robison, Housing and Homeless Coordinator
ATTACHMENTS: Housing and Homeless Program PowerPoint, pdf of Officer Pratt's contact
tracking spreadsheet for 7/18-7/28.
Page 4 of 4
it 1611--,1111.
kiii 4 Ak..411 11.
H 0 U S I n and
, ,_
III 11164.071110 Homeless Program
Update
September 6, 2022
Eric Robison, Housing and Homeless Coordinator
Al& Amanda Boyer, Outreach Specialist
Josh Pratt, Homeless Outreach Officer
PIT Top Line Counts
Trendline
2000
1757
1800
1559
1600
1242 1272 1245 1309 1400
1229 1185
1149 1030 1034 1090 1200
1134 981
1072 1070 1055 934 loon
970 994 952 994 1018 992
902 935 823 800
809
600
541 400
310 315 200
157 172 138 130 155 132 172 138 0
1/29/2009 1/28/2010 1/23/2011 1/26/2012 1/2 /3013 1/23/2014 1/29/2015 1/28/2016 1/26/2017 1/25/2018 1/24/2019 1/23/2020 1/28/2021 2/24/2022
Total Sheltered Unsheltered Total Counted
Unsheltered 2022
YES NO Did you live in Spokane County Point-of-Origin
before you became homeless?
Question 1: 530 Respondents
Question 2: 320 Respondents
74)‘11
��li 4� Have long have you been in Spokane?
If yes, select what area you lived in 1-3 Years 120 23%
Spokane? 4-6 Years 59 11%
7-9 Years 39 8%
10+ Years 299 58%
Sleeping Locations
•
• •
• Outdoor encampment 260 32%
• . • Street or Sidewalk 213 26%
Vehicle / Boat / RV 155 19%
....•° Under bridge/overpass 93 11%
Other 55 7%
Park 33 4%
Spokane Spokane County City of Spokane Valley Abandoned Building 9 1%
Bus, train station, airport 5 1%
250.00 2000.00
1800.00
200.00 1600.00
7
0
1400.00
x
v
150.00 1200.00
f0
Housing
1000.008
0Afford
y 100.0o 800.00
0Index & 6000
0
50.00 400.00
Point- in -
200.00
Time
0.00 0.00
0 m 0 0 N N m M d d V Ln n co Co 01 O O 0 IN IN N
0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N
m .-i m .-1 m .-i m .-I In .-I m .- m .-I In .-1 m .- m .-I In .-1 m .-I m .-I
�HAI* -PIT
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Valley Data
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5
0 Arc6144urvey123 — ❑ X
X Intake Survey \
Intakes First Name
Intakes Last Name
Date of Birth
( Wednesday,January 1,1975 0
Su rvey 12 3 Income Type
ABD
Social Security
Employment/Other
None
Estimation of your monthly income
Received Client Services?
Did this person receive any direct client assistance?
Yes
No
Race?
White
Hispanic ethnicity
Black/African American
Asian
1of1
6
• About 37% of respondents reported having some sort of income
• 62% of respondents were last housed in Spokane Valley before
becoming homeless.
What we have • 22% were last housed somewhere else in Spokane County
• 9% were last housed somewhere else in WA state, and
earned so far • 6.5% were last housed somewhere outside of WA.
• About 8% of those contacted had a minor child in their custody
• Approximately 86% of those surveyed either self-reported or were
observed to have some sort of issue with substance use, with only
slightly more (89%) self-reporting or having some sort of
observable mental health condition
• For 66% of those that responded, their current experience with
homelessness was not their first, and 61% had been homeless for
more than a year.
103 ArcGIS QuickCapture — ❑ X
X Homeless Data Collection... 0
Homelessness Collection e,
0 W V � 0
M
i
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0
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Vandalism Other
— Links 0
r 8
• Used to track and share locations of occupied camps,
abandoned camps, and trash or abandoned vehicles
Quick Capture
• App can be shared with SVPD, State Parks, etc. to
increase coverage, and with Geiger work crew to
coordinate cleanup
• Map stores locations, images, and overlaps with
survey tool location information
9
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10
• Outreach Officer (Jan — August)
O 1 ,262 citizen contacts
O 516 unsheltered contacts
PO I i ce o 416 individuals provided services
0 269 radio calls handled
Department
o 422 total unlawful camping calls generated
• Bike patrol (end of June to July — about 5
Stats weeks)
O 170 citizen contacts
O 30 arrests
O 54 unsheltered contacts
O 75 radio calls handled
• Weeks of July 18-28 Excel data tracking
(attached)
11
• Increasing homelessness and associated requests for
services/assistance — lack of capacity to provide
adequate response
• Lack of enforcement by outside agencies on their
Challenges property
• Lack of needed services located in our community
• Lack of long-term parking and pet care for those willing
to access services
• Lack of viable options to offer, from affordable housing
to emergency housing to Transitional Parking
12
• 36 people taken to stabilization, 21 to shelter, and 5 housed
• Received 48 SVexpress requests for service
• 68,400 pounds of trash removed (not possible to determine exactlyhow
much from homeless-related clean-ups vs. regular illegal dumpin
• Contracted with Spokane Valley Partners to provide a FT Outreach
Accomplishments Specialist responding to Spokane Valley needs
• Develop and deploy data tracking apps, including partnership with SVPD
S o Far This Year and State Parks
• Developing business outreach materials in partnership with Chamber of
Commerce
• Participation in regional bodies to represent CoSV interests in
homelessness response
• Organized a record count for this year's PIT
• Developing partnerships with providers and affordable housing
developers
• Creation of the Community Homeless Action Plan (CHAP) — now going
through internal review before seeking stakeholder input
13
Questions ?
Date Radio Admitted Notes
Location Time U-Camp Services Refusals Cites/Arrests CC's Shelter Stabilization Housed
calls drug Use
2022-10092000-404 N Sullivan Rd-citz compl-
7/18/2022 Other 0.5 0 0 0 0 0 0 0 0 1 0
u campers on property,checked area,GOA
2022-10092019-323 N Sullivan Rd-responded
to loc and obsd veh parked across multiple
7/18/2022 Other 0.5 0 0 0 0 3 0 0 0 1 0 stalls and no one around.no return on VIN.
while checking veh subj returned with bill of
sale,veh was originally out of ID.no evid of
crime
2022-10092026-2122 N Pines Rd-responded
and spoke with ,appeared to be in
shock from news of family member possibly
passing away.reached out to G unit and
7/18/2022 Other 1 0 1 1 0 3 0 0 0 1 0 explained situation.she does not want to go
to shelter or to facility to speak with anyone. i
contacted the crisis line and provided her
number.i stood by why they contacted
via phone.
2022-10092079-2114 N Pines Rd-responded
7/18/2022 Other 0.5 0 0 0 0 0 0 0 0 0 0 to area and checked camp,appears
abandoned and put in request for trash pick
up
2022-10092085-Broadway/Sullivan-
responded to loc per citz req from City Hall for
7/18/2022 Other 0.75 1 1 1 0 1 0 0 0 1 0 welfare check homeless subj.contacted
and stood by while he got his property out of
the roadway.
2022-10089358-2nd/Havana-responded to
loc and checked up on in van.still had
7/18/2022 Other 1.5 1 1 1 0 1 0 0 0 0 0 not moved and stated he was now out of gas.
provided courtesy ride to Maverick and
purchased 2.5 gallons of gas for him to get
vehicle started and moved.
2022-10092168-Fancher/Mansfield-
contacted (1-18-78)and (9-17-
80)staying in white Buick(CCE0947).stated
7/18/2022 Other 1 2 2 0 0 2 0 0 0 0 2 homeless for approx 3 years,both are
currently using.Boyer completed assesment
for intake.provided business cards and will
follow up to discuss stabilization
2022-10092449-18723 E Cataldo-responded
7/19/22 Other 0.5 1 0 0 0 1 0 0 0 0 1 to loc and spoke with he has moved
some of his belongings off the property.will
f/u tomorrow.
2022-10092455-contacted (1-30-79)in
7/19/2022 Sullivan Park 0.5 1 0 0 0 2 0 0 0 0 0 park,not sleeping.still living out of veh,now
has the Ford Focus.working full time.
provided water and lunches
2022-10092464-7202 E Sprague-r/c for
perbot and obsd (4-21-67)outside of
Benjamin Moore paints,recognized from
7/19/2022 Other 1.25 1 1 0 1 2 0 0 0 1 1 previous contacts.warrant was already
confirmed,detained without incident.advd
him he was trespassed from original loc of
Enterprise Rental Cars for life.
7/19/2022 Other 0.5 0 0 0 0 1 0 0 0 0 0 2022-10092500-stopped by Stabilization
Center to check on
2022-10092486-4th/Chronicle-responded to
loc and contacted (3-12-72)who is
staying in the trailer,she is currently working
7/19/2022 Other 1 1 0 0 0 2 0 0 0 1 and was previously on DOT property and was
advd to move to street.i explained the 24
hour parking ordinance and we discussed
options for her trailer.i got an updated phone
number for her of(509)514-0468.
2022-10092556-622 N Farr Rd-recd call of
subj looking for services at transitional living
7/19/2022 Other 1 0 0 0 0 1 0 0 0 1 0 house.responded and met (20 yrs old),
discussed options and put him in contact with
recruiter for local business.
2022-10092566-229 S Sullivan-responded to
the loc and spoke with (12-2-70)who
stated that she had no where to go and
wanted to go to a shelter.we made multiple
7/19/2022 Other 1 0 1 1 0 1 0 0 0 1 0 phone calls and set up arrangements and
when we were getting ready to leave she
changed her mind.i provided my business
card as well as Outreach's and advd her to call
when she is ready.
2022-10092622-Indiana/Hutchinson-
responded to bc and contacted (3-2-
54)in marron van(B780054).he is still living in
van and has blue Ford p/u(C56440B)and now
7/19/2022 Other 0.75 1 1 1 0 4 0 0 0 0 1 tan cadillac(AJR6221)that is also his.he does
not live in the other vehicles.he stated he is
still waiting to get into local senior
apartments.not engaged in any other
services.i educated on parking ordinance
2022-10092661-contacted (5-23-90)
and (4-14-93)in womens restroom at
park, refused to come out stating he
7/19/2022 Balfour Park 1 2 2 2 0 2 0 0 0 0 2 was using the restroom,after approx 5
minutes he exited.i checked both for warrants
and was negative.had both remove property
and leave bathroom
2022-10092664-225 S Sullivan-r/c for perbot,
7/19/2022 Other 0.25 0 0 0 0 1 0 0 0 0 0 checked area,unable to loc.contacted comp,
subj GOA
2022-10093048-Fancher/Mansfield-
contacted (1-18-78)and (9-17-
7/20/2022 Other 0.5 2 0 0 0 2 0 0 0 0 2 80)staying in white Buick(CCE0947).still in
same loc,trash all over area and human
waste.advd they needed to leave the area
and could not camp there.
2022-10093050-E Maxwell Ave/N Pierce Rd-
patrol req to f/u with subjs on radio call
looking for resources.reponded to loc and
recognized (1-27-01)and (9-17-
96)staying in their wht GMC truck(C18305Z)
7/20/2022 Other 0.5 2 2 0 0 2 0 0 0 1 1 had previous contact and got them into Family
Promise,they checked in and left after 2 or so
days.they have not reached back out,both
have income,and they do not want to go back
to a shelter.
2022-10093079-contacted and
in park in front of bathrooms,again educated
7/20/2022 Balfour Park 1 2 2 0 0 2 0 0 0 1 2 of local u camp ordinance.neither seem to
care and stated that if she gets arrested
she will just come right back.
2022-10093106-Main/Felts-contacted
staying in veh(288ZTI),very 64,reached out
to BHU for follow up.she stated that people
7/20/2022 Other 1 1 1 0 are listening and speaking to her through her
car radio and that local witches are doing
voodoo on her using wifi signals.provided
water and a bus pass.discussed hope house
womens shelter for her.
2022-10093123-9717 E Sprague Ave-recd call
from business owner about veh trespassing on
prop,check of the plate(BRZ6129)returned
7/20/2022 Other 1.5 2 2 0 1 3 0 0 0 1 2 with (9-2-95)having a stat 2 warrant.
Bike patrol responded and contacted .
he was detained w/o incident.i spoke with
both and (5-5-96)about
stabilization.provided business cards to both.
2022-10093193-Spokane Valley Partners-
7/20/2022 Other 2 0 0 0 0 2 0 0 0 1 0 recd call from staff for drugs turned in,
completed rpt and booked for destruction.
2022-10095574-contacted (1-18-00)
and (7-25-84)in 5th Wheel towed by
white F250(ID K0797T).stated they are trying
7/25/2022 Other 1 3 0 0 0 5 0 0 0 1 3 to get to Montana.spoke with on
property and advised all parties that they
needed to be off the property by this
afternoon and anyone still on property would
be trespassed.
2022-10095582-1204 N Barker Rd-contacted
7/25/2022 Other 0.5 2 2 2 0 2 0 0 0 1 2 (7 12 64)and (4 4 61)staying on
property in 5th wheel.advised that they
needed to vacate the property.
2022-10095583-622 N Farr Rd-p/u
and took him to his job interview at Huntwood
Cabinets.picked him up and had discussion
7/25/2022 Other 2 0 0 0 0 2 0 0 0 0 0 about new housing options,transportedto The
Way Out Shelter to tour the facility.assisted
with completing application and dropped back
off at house.provided(2)bus passes.
2022-10095690-recd call from Senske about
7/25/2022 Balfour Park 0.75 2 2 2 0 3 0 0 0 1 0 subjects in park and in restroom.contacted
(12-4-91)and (2-4-86).warned
both of unlawful camping ordinance.
2022-10095776-2nd/Havana-spoke with
7/25/2022 Other 0.25 0 0 0 0 1 0 0 0 1 0 comp,advd her that i was aware of the
situation and the subj and the van.i would
follow up tomorrow with him.
2022-10096126-i responded to the area and
observed and inside bathroom
with personal items sprawled throughout
bathroom making it unable to citizens to
7/26/2022 Balfour Park 3 2 2 2 2 2 0 0 0 0 2 utilize.This has been an ongoing problem with
multiple warnings and contacts.Both
and were arrested for unlawful
camping( cit#2A0211562)( cit
#2A0211563) was booked and
was released at scene.
2022-10096240-4th/Chronicle-contacted
again who is staying in Coachman
trailer.i contacted her last week and she had
plans to move it friday but has still not moved
7/26/2022 Other 0.5 1 1 1 0 2 0 0 0 1 1 it.the trailer is in the right of way so it was
tagged and tires chalked. i advised if it
does not move and gets towed away only the
registered owner can retrieve it and she
doesnt even know who the R/O is.i will follow
up tomorrow.
2022-10095776-2nd/Havana-responded to
loc, has been contacted at least 3 times
recently advising he needs to move his veh
(BRE1348).a part to fix his van was purchased
by outreach as well as gas provided for
and he still hasnt moved.trash is piling up
7/26/2022 Other 0.75 1 1 1 0 1 0 0 0 1 1 around veh and he still has no plan to move
the veh.i tagged the veh and chalked the tires
for removal.i also explained that if the veh is
not moved and gets towed it would only be
released to the registered owner.Additionally
i offered for him to go to a shelter today and
he refused.
2022-10096284-Sprague/Havana-contacted
in southwest parking lot working on
7/26/2022 Other 0.5 1 1 1 0 1 0 0 0 0 1 Blue van,he relapsed and was under the
influence.he did not want to speak with us
and did not want us around.
2022-10096281-7800 E Alki Ave-responded
7/26/2022 Other 0.75 0 0 0 0 0 0 0 0 1 0 to loc,located camp south of open dirt loc
accesible through mobile home park along the
fence.no one at the camp.
2022-10096310-N Flora Pit/E Euclid Ave-citz
7/26/2022 Other complaint about u campers along river.the
area is State Parks land so will forward to the
necessary entity.
2022-10096310-responded to area to check
park for u campers,obsd grey Chevrolet
(264YPG),plate returned sold to a (9-5-
60).a check of showed an alert to
contact Frontier Behavioral Health if
contacted.reached out to MH unit(G1)who
7/26/2022 Sullivan Park 2 1 0 0 0 2 0 0 0 0 0 advised that there was an order in place to
detain. struggled to be detained and
was verbally abusive threatening to"kick me
in the nuts" but detained without incident and
stood by until G1 arrived.SCRAPS contacted
for her dog.i locked and secured her vehicle
and placed her keys in her purse backpack
which was transported with her.
2022-10096639-spoke with Senske yesterday
7/27/2022 Centerplace 0.25 0 0 0 0 0 0 0 0 0 0 who said they were having problems with
someone sleeping in the bathrooms,checked
area and no one located.
7/27/2022 Balfour Park 0.5 0 0 0 0 2 0 0 0 0 0 2022-10096643-checked park for u campers,
none located
2022-10096650-E Main/N Felts-contacted
sleeping in brown Chrysler Sebring w/
ID plate 7B89141 parked in right of way.
7/27/2022 Other 2.5 1 1 1 1 1 0 0 0 0 1
unregistered veh.arrested for unlawful
camping and cited#2A0211564 and released
at scene.she gathered her belongings.
2022-10096786-Sullivan/Broadway-checked
area behind Walmart for u campers,located
.want/warrant check revealed a local
7/27/2022 Other 2.5 1 1 0 1 1 0 0 0 0 1 stat 1 and stat 2 warant.he was detained and
ultimately arrested.discussed stabilization and
treament options after his court appearance.
provided business cards.booked for warrants.
2022-10096861-4th/McKinnon-responded
to area and observed had moved her
trailer and vehs 2 blocks to the east.i advd her
again that she had to remove the vehicles
7/27/2022 Other 0.5 2 0 0 0 2 0 0 0 0 2 from the roadway.i further educated her that
it was unlawful for her to camp along the right
of way in the city of spokane valley.i advised
her i would follow up in morning and if she is
still in the area she would be towed.
7/28/2022 Balfour Park 0.25 0 0 0 0 0 0 0 0 0 0 2022-10097186-checked park for u campers,
none located
2022-10097180-assisted patrol with robbery
7/28/2022 Other 1 0 0 0 0 1 0 0 0 1 0
investigation
2022-10096650-10101 E Main-towed veh
from right of way that had been moved
7/28/2022 Other 1.5 0 0 0 0 0 0 0 0 0 0 approx 3 feet from chalked tire mark.no
registered owner and no one around vehicle.
24 hour notice had been removed from
vehicle window.
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 0 0 2022-10097274-12323 E Riverside-checked
area for u campers,none located
2022-10097285-2nd/Best-contacted
(5-23-95)and (3-28-97)inside of
7/28/2022 Appleway 1 2 0 0 1 2 0 0 0 0 2 restroom.warned for unlawful camping and
Trail explained ordinance as well as storage of
personal property ordinance. was
arrested by Ofcr Moore for her theft warrant.
2022-10097312-4th/Adams-contacted
outside of suburban.she stated she has
been there for approximately a year.waiting
on ss card and for someone to help her fix her
inoperable vehicle.she was connected with
previously outreach and provided a gas card
for veh.stated she will have veh moved by
sunday.i explained the parking ordinance as
7/28/2022 Other 1 1 1 1 0 2 0 0 0 1 0 well as camping ordinance.i stated if still
there tomorrow she will be tagged for
removal and if still there monday she could be
issued a citation and ultimately towed.spoke
with at 14727 E 4th Ave who stated
that the subjects in the bus were just visiting
and will be gone by monday.i advd i would
follow up on monday and tag the bus if it was
still there and stated that it would be subject
to tow
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 1 0 2022-10097350-15006 E 13th Ave-backed
patrol on trouble unkown call
2022-10097377-Ermina Ave/Bowdish Rd-
responded to loc obsd Green Subaru Impreza
with ID plate K715741,had previous contact
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 1 0 with (6-14-83)in vehicle,trash is over
flowing out of veh and no one is around it.not
currently registered,i tagged and chalked tires
for removal.
2022-10097432-26th Ave/Collins Rd-f/u on
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 0 0 trailer parked in right of way,veh has been
moved along.
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 1 0 2022-10097445-4th/Koren-checked for u
camper,GOA
2022-10096415-5th/McKinnon-tagged
7/28/2022 Other 1 0 0 0 0 0 0 0 0 1 0
vehicle and chalked tires for HULK removal
2022-10097475-McKinnon Rd/Granite Point
Dr-obsd Tioga MH(AIK3107)around corner
from u camp location yesterday at 4th/Koren.
7/28/2022 Other 0.5 0 0 0 0 0 0 0 0 0 0
no one in or around veh.no r/o and reg is
from 2018.tagged veh for 24 hour notice and
chalked tires.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Potential Grant Opportunity-Electrification of Transportation Systems—
Clean Energy Fund 5
GOVERNING LEGISLATION: RCW 35.77.010: Six Year Transportation Improvement Program
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: On August 1, 2022, the Washington State Department of Commerce issued a
Call for Projects for the Electrification of Transportation Systems (ETS) grant program. The ETS
program is funded from the state's Clean Energy Fund. The program is intended to support
eligible entities' participation in the state's clean energy transition by funding projects for early
state transportation market electrification adoption and planning. Funding maybe used to
identify, design, or install capital assets and/or infrastructure upgrades necessary to support
electric vehicle charging infrastructure. Priority is given to applicants that aim to benefit
communities with limited capacity or gaps within the existing electrification network, applicants
that have not received electrification-related grants in the past, and to applicants that partner
with local electricity providers.
Critical program details are as follows:
Available Funding $970,000
Award Range $100,000 - $150,000 (up to $400,000 if partnership exists)
Match Requirements 5:1 (17% city match if partnered with a utility (i.e. Modern or Vera))
1:1 (50% if submitted as standalone City application)
Key Dates September 15— Phase 1 Intent to Apply applications due
October 10 - Commerce will "encourage" or "discourage"
applicants to submit a Phase 2 application for project funding.
November 21 — Phase 2 applications due
January 2023—Awards announced by end of month
February 2023 — Contract negations start
Contract Limits 24-36 months to execute the contract
Submittal to ETS program's Phase 1 is mandatory if an applicant seeks to be considered under
the funding requests for Phase 2. Staff recommends submitting a Phase 1 application to
conduct early-stage development and planning needed to identify future infrastructure upgrades
necessary to support the state's goal of providing equitable electric vehicle supply equipment
(EVSE) to all Washington communities. The City would work with the electricity providers to
develop a partnership to maximize the grant award potential. If awarded, this planning grant
would be used to hire a consultant to complete the following tasks:
• Coordinate with electricity providers to evaluate the existing EVSE network and long-
term plans for utility purveyor(s) (i.e. inventory, capacity, goals).
• Conduct public outreach seeking community input regarding wants, needs,
challenges, opportunities, etc., including consideration of impacts to vulnerable
communities disproportionately burdened by air pollution, climate change or lack of
transportation systems.
• Develop City goals and priorities regarding EVSE and associated infrastructure.
• Identify recommended upgrades necessary to support increased electrical load from
EV charging and EVSE infrastructure.
The cost for the proposed planning work is estimated at $150,000. If the City is "encouraged"
by Commerce to submit a Phase 2 application, staff would return to City Council for a motion
consideration to apply for funding. The motion consideration would include a final estimated
project cost and would further identify the recommended City match.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Council consensus for staff to submit a Phase 1
application, due September 15, 2022.
BUDGET/FINANCIAL IMPACTS: A Phase 1 application does not have any financial impact.
Should the City pursue a phase 2 application, due November 21, 2022, staff would return to
Council for a motion consideration to apply to the ETS grant program. The City's financial
responsibility would be identified at that time.
STAFF CONTACT: Adam Jackson, P.E. — Engineer— Planning & Grants
ATTACHMENTS: None
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Potential Grant Opportunity-Water Quality Combined Funding Program
GOVERNING LEGISLATION: RCW 35.77.010: Six Year Transportation Improvement Program
PREVIOUS COUNCIL ACTION TAKEN:
• Annual adoption of the 6-year Transportation Improvement Program (TIP)
BACKGROUND: On August 9, 2022, the Washington State Department of Ecology issued a
Call for Projects for the Water Quality Combined Funding Program (WQC) for state fiscal year
2024. The application combines multiple funding programs into one application process where
Ecology staff will evaluate each application received and separate them into respective funding
pots. The following funding programs are available:
• Clean Water State Revolving Fund — Loans - $250 million available
• Stormwater Financial Assistance Program —State Grants - $35 million available
• Clean Water Centennial Program —State Grants - $20 million available
• Clean Water Act Section 319 — Federal Grants - $1.7 million available
• Sewer Overflow & Stormwater Reuse Grants — Federal Grants - $11.4 million available
The program timeline is contingent on the progress made by the state's legislative session
starting in January 2023. Below is a summary of critical program dates:
• Applications Due October 12, 2022
• Issue Draft Funding Award List January 20, 2023
• Final Funding Awards July 1, 2023
• Agreement Development July 2023 thru January 2024
• Start Work no later than April 2024
Potential City projects generally align mostly with the Stormwater Financial Assistance Program
(SFAP) grants. Example projects include drywell retrofits/upgrades throughout the City and the
Sprague Avenue Stormwater Improvement Project. The SFAP requires a 15% local match to an
85% Ecology funding award. Also, the City is eligible for the remaining programs, by rule, but
general practice has led us to most often pursue the SFAP grant. The other programs have
varying match requirements, ranging upwards to a 40% local match.
In 2022, Ecology offered this funding opportunity for FY2023. Awards generally ranged between
$100,000 and $400,000, while some agencies were awarded $1-$3 million. For this current call
for projects (FY24), City staff will evaluate the program criteria and compare it to a potential
project list. This list of projects, along with estimated costs, will be provided to Council for
application consideration at a future meeting, likely September 20, 2022.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Council consensus for staff to pursue this grant
opportunity and return to Council with a proposed list of project applications, including estimated
costs.
BUDGET/FINANCIAL IMPACTS: None at this time. The program's minimum city match of 15%
will be quantified for a future Council meeting, likely September 20, when proposed projects and
associated costs are identified and proposed for Council consideration.
STAFF CONTACT: Adam Jackson, P.E. — Engineer— Planning & Grants
ATTACHMENTS: None
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6,2022. Department Director Approval:
Check all that apply: ❑consent ❑old business ❑new business ❑public hearing
❑information ®admin.report ❑pending legislation ❑executive session
AGENDA ITEM TITLE: Administrative report—proposed amendments to chapter 3.46 SVMC relating
to agreements for consulting services.
GOVERNING LEGISLATION: Chapter 3.46 SVMC.
PREVIOUS COUNCIL ACTION TAKEN: 2015 adoption of chapter 3.46; 2017 amendments; 2019
amendment.
BACKGROUND:The City adopted chapter 3.46 SVMC relating to the procurement process for consultant
agreements in 2015 with several minor changes since then. These provisions were adopted with an intent
to provide a process that allows the City to be good stewards of public funds while also retaining flexibility
and efficiency through its contracting work. Notably,although there are state requirements for public works
contracts and architectural and engineering contracts, there are no state requirements for consultant
contracts. Thus, any limits are purely a City Council policy decision.
Under Chapter 3.46 SVMC,where consultant contracts are expected to exceed$100,000,or if the contract
is expected to be for more than a year, SVMC 3.46.010(B)requires a formal competitive selection process.
For agreements between $15,000 and $100,000 and not longer than a year, SVMC 3.46.010(C)requires a
less formal procurement process where the responsible department must get three or more proposals and
select the lowest responsible bidder. Anything below $15,000 encourages, but does not require, a
competitive process such as getting multiple proposals.
The cost of these contracts to the City has gone up significantly in the past seven years, and the current
dollar limits create barriers that cause significant delays without identifiable benefits for the City. Often,
the cost to the City due to the time and effort by staff to put forward a formal competitive process is not
equal to the value gained through that procurement process. The limit on a contract not exceeding one year
is not required by state law and puts an artificial barrier without tangible benefit. Many projects that
consultants work on for the City run longer than a year, making us engage in a full formal process that
delays bringing necessary consultants on board.
Staff is proposing that SVMC 3.46.010 be amended to raise the top threshold to $200,000,above which a
formal competitive process would be required,and remove the one-year limitation entirely. If the contract
is expected to be above $200,000,then a formal process would be required.
For the next threshold,staff proposes to change this so that contracts between$25,000 and$200,000 would
require staff to obtain three or more proposals,which can include use of the consultant roster. The limit of
not exceeding one year would be removed as unnecessary, as would the requirement to take the lowest
bidder. One of the most critical features of consultants is trying to find one with expertise in the task, and
the lowest dollar response is not likely to result in getting a highly qualified consultant.
The last threshold would be adjusted to consultant agreements below $25,000 such that a competitive
process is encouraged,but not required,while still seeking to achieve maximum quality at minimum cost.
The other proposed change is to SVMC 3.46.030, which would add an exemption to the procurement
requirements for consultant contracts relating to litigation, or when litigation is reasonably anticipated. In
these circumstances,the City is seeking high level expertise in a narrow specialty as quickly as possible to
be able to protect the best interests of the City. In these types of scenarios,the City needs to be able to hire
the most qualified people as soon as possible.
OPTIONS: (1)Place on a future agenda for a first reading; or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance
first reading.
BUDGET/FINANCIAL IMPACTS: None anticipated.
STAFF CONTACT: Cary Driskell, City Attorney.
ATTACHMENTS: Draft ordinance amending chapter 3.46 SVMC.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-XXX
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING SECTIONS 3.46.010 AND 3.46.030 OF THE SPOKANE VALLEY
MUNICIPAL CODE RELATING TO THE SELECTION PROCESS OF SERVICE
CONTRACTS,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
sections 3.46.010 and 3.46.030 relating to the thresholds for service contracts with regard to the
procurement process to be used; and
WHEREAS,the City has considerable experience in identifying competitive, qualified,and cost-
effective service contractors; and
WHEREAS, the cost of services applicable to contracts entered into pursuant to chapter 3.46
SVMC has increased substantially since the original threshold amount was adopted at$100,000; and
WHEREAS,these proposed amendments will allow increased efficiency and necessary flexibility
while still protecting the best financial interest of the City and its citizens; and
WHEREAS,the City Council has determined that is it appropriate and necessary to revise chapter
3.46 SVMC to increase efficiency for both staff and the public with which the City contracts; and
WHEREAS,the City has determined that it is often necessary to quickly obtain services in support
of ongoing or reasonably anticipated litigation that would otherwise be unduly delayed by engaging in a
competitive procurement process, and where delays in obtaining necessary contractual services could be
extremely detrimental to the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code sections 3.46.010 and 3.46.030 are
hereby amended as follows:
3.46.010 Contracts for services
A. Chapter 3.46 SVMC shall not apply to architectural and engineering services,the procurement of which
is governed by Chapter 3.45 SVMC.
B. When entering into a contract for services where the contract is 44 expected to exceed $4200,000-ef
(2)expected to be greater than$15,000 and expected to be effective for more than one year,a competitive
selection process shall be used. This process may include a"request for qualifications" or"request for
proposals"process or formal competitive bidding procedures pursuant to SVMC 3.40.010.
C. When entering into a contract for services where the contract is not expected to exceed$4200,000 but is
expected to be greater than $25,000, is expected to be greater than $15,000, and is not expected to be
effective for more than one year, the responsible department shall obtain three or more proposals for the
services required, select the lowest responsible proposal, and maintain a record of the process followed.
The responsible department may use the consultant roster pursuant to SVMC 3.46.020 to obtain proposals.
Ordinance 22-0** Amending Chapter 3.46 SVMC — Service Agreements - 1 -
DRAFT
D. When entering into a contract for services where the contract is not expected to exceed $125,000, the
responsible department is encouraged, but is not required,to use a competitive selection process, such as
obtaining three proposals pursuant to SVMC 3.46.010(C). If a competitive process is not utilized, the
responsible department shall seek to achieve maximum quality at minimum cost by making an award based
on its experience and knowledge of the market.
3.46.030 Exception to selection processes
A. Notwithstanding SVMC 3.46.010 and 3.46.020, when contracting for services which have historically
and traditionally been considered professional services, such as attorneys and accountants, or when
contracting for services in support of ongoing or reasonably anticipated litigation, the responsible
department may,when determined to be in the best interest of the City,obtain such services by negotiation
without going through a competitive procurement process. Such services significantly rely upon the quality
of expertise provided,rather than the cost of service.
B. If a situation should arise which requires immediate action on the part of the City to protect the best
interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible
to timely adhere to the procedures set forth in SVMC 3.46.010, the selection procedures set forth in
Chapter 3.46 SVMC may,with prior approval of the city manager,be waived by the department director,
and the contract may be awarded without following the procedures set forth in SVMC 3.46.010. The
circumstances giving rise to such waiver shall be documented in writing within 14 days.
Section 2. Other sections unchanged. All other provisions of chapter 3.46 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 3. Severability. If any section, sentence,clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance Summary.
Passed this day of September,2022.
Pam Haley,Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 22-0** Amending Chapter 3.46 SVMC — Service Agreements - 2 -
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6,2022 Department Director Approval:
Check all that apply: ❑consent ❑old business ❑new business ❑public hearing
❑information ®admin.report ❑pending legislation ❑executive session
AGENDA ITEM TITLE: Administrative report—proposed amendments to chapter 3.47 SVMC relating
to purchase of goods,equipment, and supplies.
GOVERNING LEGISLATION: Chapter 3.47 SVMC.
PREVIOUS COUNCIL ACTION TAKEN: 2015 adoption of chapter 3.47 SVMC.
BACKGROUND: In 2015, the City adopted chapter 3.47 SVMC relating to the procurement process for
purchase of goods, equipment, and supplies, and it has not been amended since then. These provisions
were adopted with an intent to provide a process that allows the City to be good stewards of public funds
while also retaining flexibility and efficiency through its contracting work. Notably, although there are
state requirements for public works contracts and architectural and engineering contracts, there are no
state requirements for purchase of goods. Thus, any limits are purely a City Council policy decision.
The threshold in SVMC 3.47.010(A) for having to use a formal competitive selection process is for any
single item over$40,000.
Pursuant to SVMC 3.47.020,the next threshold is for purchase of goods,equipment, and supplies equal to
or less than $40,000 and greater than $15,000, which requires a less formal procurement process where
the responsible department must get three or more quotes and select and purchase from the vendor with
the lowest quote. Anything below $15,000 encourages, but does not require, a competitive process such
as getting multiple proposals.
The cost of acquisition of goods, equipment, and supplies to the City has gone up significantly in the past
seven years, and the current limits create barriers that cause significant delays without identifiable
benefits for the City. Often,the cost to the City due to the time and effort by staff to put forward a formal
competitive process and delay in receiving the goods is not equal to the value gained through that
procurement process.
Staff is proposing that SVMC 3.47.010 be amended to raise the top threshold to $100,000, above which a
formal competitive process would be required for purchase of goods,equipment, and supplies.
The next threshold under SVMC 3.47.020 is proposed to change so that purchase of goods, equipment,
and supplies between $25,000 and $100,000 would require staff to obtain three or more proposals, which
can include use of the vendor list.
The last threshold under SVMC 3.47.030 would be adjusted for purchase of goods, equipment, and
supplies below $25,000 such that a competitive process is encouraged, but not required, while still
seeking to achieve maximum quality at minimum cost.
There is an additional minor change in each section to make them consistent with another recent Code
change to chapter 3.48 SVMC relating to use of purchase orders, which was amended from $1,000 to
$2,500.
OPTIONS: (1)Place on a future agenda for a first reading;or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance
first reading.
BUDGET/FINANCIAL IMPACTS: None anticipated.
STAFF CONTACT: Cary Driskell, City Attorney.
ATTACHMENTS: Draft ordinance amending chapter 3.47 SVMC relating to purchases of goods.
Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-XXX
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,AMENDING SECTIONS 3.47.010 THROUGH 3.47.030 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATING TO THE SELECTION PROCESS FOR PURCHASE
OF GOODS,EQUIPMENT,AND SUPPLIES; AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
sections 3.47.010 through 3.47.030 relating to the thresholds for purchase of goods,equipment,and supplies
with regard to the procurement process to be used; and
WHEREAS, the City has considerable experience in identifying vendors who will provide
competitive pricing to the City for such items; and
WHEREAS, the cost of goods, equipment, and supplies has increased substantially since the
original thresholds were adopted; and
WHEREAS,these proposed amendments will allow increased efficiency and necessary flexibility
while still protecting the financial best interest of the City and its citizens; and
WHEREAS,the City Council has determined that is it appropriate and necessary to revise chapter
3.47 SVMC to increase efficiency for both staff and the public with which the City contracts.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code sections 3.47.010 through 3.47.030
are hereby amended as follows:
SVMC 3.47.010 Purchase of goods greater than $407080100,000.
A. When making a purchase of goods, equipment, or supplies in excess of $4100,000, the responsible
department shall,at least 13 days prior to purchasing such goods,publish a notice of request for bids stating
the written specifications of the goods required and desire of the City to purchase such goods. The notice
shall contain the written specifications, the date for submitting bids, and name and address of the City
representative who can provide information on the request for bids. Upon receipt of the written bids, the
City shall select and purchase the goods from the vendor submitting the lowest bid;provided,that such bid
meets all specifications provided in the notice. When determining the lowest bid, the City may take into
account sales tax revenues received by the City, shipping, and transportation costs.All purchases of goods
in the amount of$42,500800 or more shall also comply with SVMC 3.48.030.
B.For purposes of this section, the threshold limits shall only apply to a single good,piece of equipment,
or supply item.
SVMC 3.47.020 Purchase of goods equal to or less than $100,00040,008 and greater than $125,000.
A. When making a purchase of goods,equipment, or supplies equal to or less than $4100,000,but greater
than $425,000,the responsible department shall obtain three or more quotes for the goods, equipment, or
Ordinance 22-0** Amending Chapter 3.47 SVMC —Purchase of Goods - 1 -
Draft
supplies required,select and purchase the goods from the vendor submitting the lowest quote,and maintain
a record of the process followed. Alternatively,the department may utilize the vendor list and process set
forth in Chapter 3.48 SVMC. The department may consider quotes by any vendor with which the City has
a vendor account as one of the three required quotes. City staff may take verbal quotes and reduce them to
writing. When determining the lowest quote, the City may take into account local sales tax revenues,
shipping, and transportation costs. If less than three quotes are received,City staff shall not be required to
resubmit for additional quotes, but shall select from the quotes submitted. All purchases of goods in the
amount of$42,5004 or more shall also comply with SVMC 3.48.030.
SVMC 3.47.030 Purchase of goods equal to or less than $425,000.
When purchasing goods,equipment,or supplies in an amount equal to or less than$425,000,the responsible
department is encouraged,but is not required, to use a competitive selection process, including obtaining
three quotes pursuant to SVMC 3.47.020, or using the vendor list and process set forth in
Chapter 3.48 SVMC. The responsible department shall contact vendors at least once annually to establish
prices on common items that may be purchased in bulk. Such prices may be used when determining the
threshold limits for purposes of this chapter. A City department may aggregate a group of common items
so long as each of such items individually are less than $4-25,000. Any individual items greater than
$4-25,000 shall be bid pursuant to SVMC 3.47.010 or 3.47.020. If a competitive process is not utilized,the
responsible department shall seek to achieve maximum quality at minimum cost by making an award based
on its experience and knowledge of the market.All purchases of goods in the amount of$42,5004 or more
shall also comply with SVMC 3.48.030.
Section 2. Other sections unchanged. All other provisions of chapter 3.47 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 3. Severability. If any section, sentence,clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance Summary.
Passed this day of September,2022.
ATTEST: Pam Haley,Mayor
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 22-0** Amending Chapter 3.47 SVMC —Purchase of Goods - 2 -
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 6,2022 Department Director Approval:
Check all that apply: ❑consent ❑old business ❑new business ❑public hearing
❑information ®admin.report ❑pending legislation ❑executive session
AGENDA ITEM TITLE:Administrative report—amendment to SVMC 2.35.010 relating to audit officer
responsibilities.
GOVERNING LEGISLATION: RCW 42.24.080; and SVMC 2.35.010.
PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 004 in December 2002, prior to
formal effective date of incorporation of the City.
BACKGROUND: As part of forming the City's operational structure following the vote to incorporate,
the original Council adopted Ordinance 004 on December 3, 2002,regarding compliance with state audit
requirements. The language states that the audit officer is required to perform all duties set forth in RCW
42.24.080. In reality, these extensive tasks require the effort of the entire Finance Department. The
proposed amendment would reflect that the audit officer is responsible for ensuring compliance with the
state audit requirements. These tasks could then be delegated to subordinates without there being an
argument that doing so violates SVMC 2.35.010.
This housekeeping change is not considered substantive, and instead would conform the Code to existing
practices.
OPTIONS: (1)Place on a future agenda for first reading;or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for first reading.
BUDGET/FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Cary Driskell, City Attorney;Chelsie Taylor,Finance Director(and audit officer).
ATTACHMENTS: Draft ordinance amending SVMC 2.35.010.
Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-XXX
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,AMENDING 2.35.010 OF THE SPOKANE VALLEY MUNICIPAL CODE
RELATING TO THE FINANCE DIRECTOR AS AUDITING OFFICER,AND OTHER
MATTERS RELATING THERETO.
WHEREAS,RCW 42.24.080 requires cities to appoint of an auditing officer,which may be done
by ordinance;and
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
2.35.010 relating to the position and duties of the Finance Director,who also serves as the City's auditing
officer; and
WHEREAS, the auditing officer provides for certification and authentication of all claims
presented against the City in preparation for state audits; and
WHEREAS, there is no requirement in State law that the auditing officer personally perform the
necessary tasks in preparation for certification and authentication by the auditing officer; and
WHEREAS, it is more appropriate for certain auditing tasks to be delegated to other Finance
Department employees,which can then be certified and authenticated by the auditing officer; and
WHEREAS, SVMC 2.35.010 should be amended to ensure compliance with State law and to
provide for more efficient operations.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code section 2.35.010 is hereby
amended as follows:
2.35.010 Appointment
The city council hereby appoints the finance director as the auditing officer.
The auditing officer shall be responsible for ensuring compliance with is
required to perform all duties set forth in RCW 42.24.080, including the
authentication and certification of claims against the City of Spokane Valley.
Section 2. Severability. If any section, sentence,clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance.
Section 3. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance Summary.
Ordinance 22-0** Amending SVMC 2.35.010 —Audit Officer - 1 -
Draft
Passed this day of September, 2022.
Pam Haley,Mayor
ATTEST:
Christine Bainbridge, City clerk
Approved as to form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 22-0** Amending SVMC 2.35.010 —Audit Officer - 2 -
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 9, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Review of Potential and Pending Projects Worksheet and allocation of
Capital Reserve Fund #312 reserves.
GOVERNING LEGISLATION: n/a
PREVIOUS COUNCIL ACTION TAKEN: Council last discussed the Potential and Pending
Projects Worksheet at the June 14, 2022 Budget Workshop.
BACKGROUND:
Each year the City prepares an annual budget and in the 2023 Budget development cycle
Council will ultimately have an opportunity to discuss the budget on eight separate occasions
beginning with the June 14, 2022 Budget Workshop and ending with the scheduled November
8, 2022 budget adoption. As part of this process Council discusses the Potential and Pending
Projects worksheet and prioritizes how money in Capital Reserve Fund #312 should be
allocated.
Discussion on the allocation of Fund #312 reserves occurred at the June 14, 2022 Budget
Workshop where a draft allocation was presented to Council. The allocation spreadsheet
showed that there was $5,747,804 available in Fund #312 after reducing the allocation to the
Fair and Expo Expansion project by $950,000. The $950,000 from the Fair and Expo Expansion
was proposed to be allocated to Balfour Park with the remaining $4,797,804 being held for
repairs to City Hall. Any settlement received related to City Hall repairs would be used to
replenish Fund #312 in the future. Councilmembers also discussed some other options, such as
completing a restroom in the basement at City Hall and local road improvements.
OPTIONS: Council discretion.
RECOMMENDED ACTION OR MOTION: Council consensus on the allocation of Fund #312
funds, either as proposed or modified.
BUDGET/FINANCIAL IMPACTS: This is one of the multitude of decisions that are part of the
budget development process that will conclude with Council's scheduled November 8, 2022
adoption of the 2023 Budget
STAFF CONTACT: John Hohman, City Manager, and Chelsie Taylor, Finance Director
ATTACHMENTS:
• Allocation Worksheet for Capital Reserve Fund #312
• Potential and Pending Projects Worksheet
P:1City Clerk\Council Agendas-- USE DURING CC MEETINGS\2022\09-06-22\allocation of 2022 transfer to Fund
312
CITY OF SPOKANE VALLEY,WA 9/6/2022
Allocation of 2022 General Fund Transfer to Capital Reserve Fund #312
Remainder Left After 2021 Activity 1,182,535
New 2022 Sources of Funds:
General Fund -2022 transfer of 2020 fund balance >50% 3,593,000
Transfer in -#310 in 2021 for extra interest earnings 3,600
Total 2022 additional sources 3,596,600
Less 2022 Allocations and Adjustment to Date:
- Reduce Fair and Expo Center Expansion (950,000)
- Adjustments to Capital Reserve Fund #312 financed
projects that were previously underway (18,669)
Total allocated/changes to allocations thus far (968,669)
Remaining to be Allocated 5,747,804
Potential Allocation Concepts to be Discussed by Council
- Balfour Park 950,000
- City Hall Repairs 4,597,804
- City Hall Basement Improvements 200,000
- Local Road Improvements 0
Total 5,747,804
Remaining to be Allocated 0
P:\1.General Governance\Budget\2023 Budget\018.014 Finance\Potential and Pending Projects
CITY OF SPOKANE VALLEY,WA I 9/6/2022 I
Pending I Potential Projects W orksheet
illProject Financing
Estimated Grant Financed City Financed
Total Potential/ Fund 101 Fund 103 Fund 104 Fund 106 Fund 123 Fund 309 Fund 310 Fund 312 Fund 301/302 Fund 402/403
Project Secured Anticipated General Street Paths& Hotel/Motel Solid Waste Civic Facilities Parks Capital Civic Buildings Capital Stormwater Bond
Cost Grants Grants Fund Fund Trails Tax Facilities Fund Replacement Project Capital Projects Reserve REET or:APA Financed Other Total Unfunded
Completed or ln-progress:
-Projects completed in prior years(see attached list on pg 2) 55,958,580 19,136,517 0 19,894 21,216 109,300 0 0 0 320,322 1,157,368 24,098,707 469,106 0 7,849,573 2,776,577 55,958,580 0
-Pavement Pres Program Fund#311(through 2021) N/A 8,576,753 0 10,744,573 972,64.4 0 0 5,659,336 2,^00,CCG 0 0 0 9,261,664 0 0 1,397,035 39,020,661 N/A
Bridging the Valley
Barker Road/BNSF Grade Separation* 24,671,321 21,041,000 0 0 0 0 0 0 0 0 0 1,421,321 2,209,000 0 0 0 24,671,321 0
-Pines Road Underpass* 39,666,385 33,135,100 2,345,868 1,200,000 0 0 0 0 0 0 0 2,985,417 0 0 0 0 39,666,385 0
a00,000 0 0 0 0 0 0 0 0 0 0 50Q000 0 0 0 0 590,000 0
-Sullivan&Trent Interchange<c 27,000,000 2,552,500 23,000,000 0 0 0 0 0 0 0 0 500,000 0 0 0 0 26,052,500 947,500
Barker Road corridor improvements
Euclid to Spokaac Riv_. 3,216;266 2,187,462 0 0 0 0 0 0 0 0 0 269466 0 0 0 760,367 3,21C,2CG 0
-Barker/UP Railroad Crossing 1,849,000 1,271,397 0 0 0 0 0 0 0 0 0 577,603 0 0 0 0 1,849,000 0
-South Barker Corridor Projects 18,800,000 5,300,000 9,900,000 0 0 0 0 0 0 0 0 0 0 0 0 3,600,000 18,800,000 0
-Sullivan Park water line installation 539,000 126,100 0 0 0 0 0 0 0 0 0 412,900 0 0 0 0 539,000 0
-Improvements at proposed SCLD Balfour site 1,842,500 0 0 0 0 0 0 251,753 0 0 839,285 460,715 54,203 236,54.4 0 0 1,842,500 0
-Balfour Park development 3,875,023 0 0 0 0 0 0 0 0 0 0 3,875,023 0 0 0 0 3,875,023 0
-Fair and Expo Center Expansion(design) 9,982,000 750,000 0 0 0 0 3,500,000 0 0 0 0 50,000 0 0 0 0 4,300,000 5,682,000
-Spokane Valley River Loop Trail(design) 1,750,000 0 0 0 0 0 0 0 0 0 0 1,750,000 0 0 0 0 1,750,000 0
-School Zone Beacons 225,000 0 0 0 0 0 0 0 0 0 0 225,000 0 0 0 0 225,000 0
-Police Vehicle Replacements 1,400,000 0 0 0 0 0 0 0 0 0 0 1,400,000 0 0 0 0 1,400,000 0
-Sculpture Placement Costs 64,000 0 0 0 0 0 0 0 0 0 0 64,000 0 0 0 0 64,000 0
Future Construction:
-Phase 2&3-Appleway Landscaping(Park to University) 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,000,000
-Park land acquisition 1,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,000,000
-Railroad Quiet Zones study 85,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 85,000
-Appleway Trail-Balfour to University 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
-Bridging the Valley
-Earmark for future surprises/challenges N/A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N/A
Total of Capital Projects 195,424,074 94,076,819 35,245,868 11,964,467 993,860 109,300 3,500,000 5,911,089 2,408,656 320,322 1,996,653 38,580,142 11,993,973 236,544 7,849,573 8,542,969 223,730,235 10,714,500
included in 6-year TIP
Capital Reserve Fund#312 '1
Sources
General Fund transfers-2013 through 2018 27,790,607
General Fund-2021 transfer of 2019 fund bal>50h 11,126,343
General Fund-2022 transfer of 2020 fund bal>50h 3,593,000
Developer contribution(Library District)-2013 3,180
Developer contribution(Library District)-2014 4,675
Net proceeds on sale of Carnahan properties-2018 373,397
Transfer in-#309(Flora land aquisition) 200,000
Transfer in-#310(excess fund balance) 38,752
Transfer in-#313(excess fund balance) 88,589
State funding to reimburse Flora Rd Property 1,000,000
Net proceeds on sale of Balfour riding arena-2021 109,403
44,327,946
Projects Completed in Prior Years 24,098,707 completed
Barker Road/BNSF Grade Separation 1,421,321 in-progress
Pines Road Underpass 3,485,417 in-progress
Sullivan&Trent Interchange 500,000 in-progress
Sullivan Park water line installation 412,900 in-progress
Barker Road corridor improvements 837,059 in-progress
Balfour Park development 3,875,023 in-progress
Improvements at proposed SCLD Balfour site 460,715 in-progress
Fair and Expo Center Expansion 50,000 in-progress
Spokane Valley River Loop Trail 1,750,000 in-progress
School Zone Beacons 225,000 in-progress
Police Vehicle Replacements 1,400,000 in-prop
Sculpture Placement Costs 64,000 s
38,580,142
Difference 5,747,804
Page 1 of 2
P:\1.General Governance\Budget\2023 Budget\018.014 Finance\Potential and Pending Projects
CITY OF SPOKANE VALLEY,WA I 9/6/2022 I
Pending I Potential Projects W orksheet
illProject Financing
Estimated Grant Financed City Financed
Total Potential/ Fund 101 Fund 103 Fund 104 Fund 106 Fund 123 Fund 309 Fund 310 Fund 312 Fund 301/302 Fund 402/403
Project Secured Anticipated General Street Paths& Hotel/Motel Solid Waste Civic Facilities Parks Capital Civic Buildings Capital Stormwater Bond
Cost Grants Grants Fund Fund Trails Tax Facilities Fund Replacement Project Capital Projects Reserve REET or:APA Financed Other Total Unfunded
Capital Projects Completed in Prior Years:
-Phase 1-Appleway Landscaping(Dora to Park) 261,993 0 0 0 0 0 0 0 0 0 0 261,993 0 0 0 0 261,993 0
-Business Route Signage 21,139 0 0 0 0 0 0 0 0 0 0 21,139 0 0 0 0 21,139 0
-Joint Site Design-Balfour Park/Library 57,601 0 0 0 0 0 0 0 0 0 0 57,601 0 0 0 0 57,601 0
-Sullivan Road West Bridge replacement 15,493,248 13,046,330 0 0 0 0 0 0 0 0 0 1,713,284 365,803 365,803 0 367,831 15,859,051 (365,803)
-City Hall 14,104,025 0 0 0 0 0 0 0 0 0 1,157,368 5,097,084 0 0 7,849,573 0 14,104,025 0
-Sculpture siting at City Hall 46,760 0 0 0 0 0 0 0 0 0 0 46,760 0 0 0 0 46,760 0
-Appleway Trail-University to Pines(Completed) 1,614,679 0 0 0 0 59,300 0 59,300 0 0 0 1,452,026 103,303 103,303 0 50 1,777,282 (162,603)
-Appleway Trail-Pines to Evergreen(Completed) 1,970,654 1,696,192 0 0 0 0 0 0 0 0 0 274,462 0 0 0 0 1,970,654 0
-Carnahan&8th-ROW acquisition 679,821 0 0 0 21,216 0 0 0 0 0 0 658,605 0 0 0 0 679,821 0
-Remove&reconstruct Euclid Ave(Flora to Barker)
after County installation of sewer 2,927,167 0 0 0 0 0 0 0 0 0 0 1,743,537 0 0 0 1,183,630 2,927,167 0
-Bus stops and pedestrian crossings on Indiana Ave. 71,486 0 0 0 0 0 0 0 0 0 0 71,486 0 0 0 0 71,486 0
-SVPD land acquisition 226,680 0 0 0 0 0 0 0 0 0 226,680 0 0 0 0 226,680 0
-Transfer to Street O&M Fund#101 for 2019 operating deficit 907,000 0 0 0 0 0 0 0 0 0 0 907,000 0 0 0 0 907,000 0
-Transfer to Street O&M Fund#101 for 2020 operating deficit 1,364,706 0 0 0 0 0 0 0 0 0 0 1,364,706 0 0 0 0 1,364,706 0
-Appleway Trail-Sullivan to Corbin(CN 2018) 2,315,283 1,783,000 0 0 0 50,000 0 0 0 180,383 0 301,900 0 0 0 0 2,315,283 0
-Appleway Trail-amenities-University to Pines(CN 2019) 699,153 539,320 0 19,894 0 0 0 0 0 139,939 0 0 0 0 0 0 699,153 0
-Garland Ave Construction 1,475,240 0 0 0 0 0 0 0 0 0 0 800,396 0 0 0 674,844 1,475,240 0
-Flora park land acquisition 2,095,711 0 0 0 0 0 0 0 0 0 0 2,095,711 0 0 0 0 2,095,711 0
-Appleway Trail-Evergreen to Sullivan(CN 2020) 2,395,000 2,071,675 0 0 0 0 0 0 0 0 0 323,325 0 0 0 0 2,395,000 0
-Sullivan Park land acquisition 844,000 0 0 0 0 0 0 0 0 0 0 844,000 0 0 0 0 844,000 0
-Ponderosa land acquisition 1,583,326 0 0 0 0 0 0 0 0 0 0 1,583,326 0 0 0 0 1,583,326 0
-Flora&Montgomery Trailhead land acquisition 286,216 0 0 0 0 0 0 0 0 0 0 286,216 0 0 0 0 286,216 0
-Closing costs for Summerfield land donation 6,339 0 0 0 0 0 0 0 0 0 0 6,339 0 0 0 0 6,339 0
-Sprague Ave land acquisition 2,230,449 0 0 0 0 0 0 0 0 0 0 2,230,449 0 0 0 0 2,230,449 0
-Barker Road corridor improvements
-Euclid to Trent 2,280,904 0 0 0 0 0 0 0 0 0 0 1,730,682 0 0 0 550,222 2,280,904 0
55,958,580 19,136,517 0 19,894 21,216 109,300 0 59,300 0 320,322 1,157,368 24,098,707 469,106 469,106 7,849,573 2,776,577 56,486,986 (528,406)
Page 2 of 2
DRAFT
ADVANCE AGENDA
as of September 1,2022; 9:00 a.m.
Please note this is a work in progress;items are tentative
To: Council&Staff
From: City Clerk,by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
Sept 13,2022,Formal Meeting,6:00 p.m. [due Tue Sept 6]
Proclamation: Constitution Week
1.PUBLIC HEARING#1: 2023 Budget: 2023 Revenues,Includes Property Taxes-Chelsie Taylor (10 minutes)
2.PUBLIC HEARING:TPA Formation-Mike Basinger (15 minutes)
3.First Reading Ordinance 22-016 Re TPA Formation-Mike Basinger (20 minutes)
4.Consent Agenda(claims,payroll,minutes;motion to set Budget Hearing for 10/11) (5 minutes)
5.First Reading Ordinance 22-017 Amending SVMC 3.46-Cary Driskell (5 minutes)
6.First Reading Ordinance 22-018 Amending SVMC 3.47-Cary Driskell (5 minutes)
7.First Reading Ordinance 22-019 Amending SVMC 2.35.010-Cary Driskell (5 minutes)
8.Motion Consideration:Gang Task Force Funding-Chief Ellis,Erik Lamb (10 minutes)
9.Motion Consideration:Poe Contract Amendment-Bill Helbig (10 minutes)
10.Admin Report: Street Vacation STV 2022-0002,Cameo Lofts-Lori Barlow (10 minutes)
11.Admin Report:Advance Agenda-Mayor Haley (5 minutes)
[*estimated meeting: 100 mins]
Sept 20,2022,Study Session,6:00 p.m. [due Tue Sept 13]
ACTION ITEMS:
1. Second Reading Ordinance 22-016 Re TPA Formation-Mike Basinger (10 minutes)
2. Second Reading Ordinance 22-017 Amending SVMC 3.46-Cary Driskell (5 minutes)
3. Second Reading Ordinance 22-018 Amending SVMC 3.47-Cary Driskell (5 minutes)
4. Second Reading Ordinance 22-019 Amending SVMC 2.35.010-Cary Driskell (5 minutes)
5.First Reading Ordinance 22-020 Street Vacation STV 2022-0002,Cameo Lofts-Lori Barlow (5 minutes)
NON-ACTION ITEMS:
6.Proposed Ordinance Adopting 2023 Property Taxes-Chelsie Taylor (10 minutes)
7.Outside Agency presentations(5 minutes each)-Dan Domrese (-110 minutes)
8.Advance Agenda-Mayor Haley (5 minutes)
[*estimated meeting: 155 mins]
Sept 27,2022,Formal Meeting Study Session,6:00 p.m. [due Tue Sept 20]
Proclamation:Fire Prevention Week
1.Consent Agenda(claims,payroll,minutes;motion to set Budget Hearing for 10/11) (5 minutes)
2. Second Reading Ordinance 22-22-020 Street Vacation STV 2022-0002,Cameo Lofts-Lori Barlow (5 minutes)
3.Motion Consideration:Grant Opportunity:Water Quality Combined Funding Program-Adam Jackson (10 minutes)
4.Admin Report: SCOPE Presentation-Chris Conway SCOPE Director (15 minutes)
5.Admin Report: Sullivan/Trent Interchange Update-Gloria Mantz (10 minutes)
6.Admin Report: SVPD Update-Chief Ellis (10 minutes)
7.Admin Report:Fire Dept Monthly Report-Chief Soto (10 minutes)
8.Admin Report:Advance Agenda-Mayor Haley (5 minutes)
9.Info Only:Department Monthly Reports [*estimated meeting: 70 mins]
October 4,2022,Study Session,6:00 p.m. [due Tue Sept 27]
1. Stormwater Utility Plan Update-Gloria Mantz (10 minutes)
2.City Manager Presentation of 2023 Preliminary Budget-John Hohman (30 minutes)
3.Advance Agenda-Mayor Haley (5 minutes)
[*estimated meeting:45 mins]
October 11,2022,Formal Meeting,6:00 p.m. [due Tue Oct 4]
1.PUBLIC HEARING#2:2023 Budget: Preliminary Budget (10 minutes)
2.First Reading Property Tax Ordinance 22- -Chelsie Taylor (10 minutes)
3.Consent Agenda(claims,payroll,minutes) (5 minutes)
4.Admin Report:2022 Budget Amendment-Chelsie Taylor (10 minutes)
5.Admin Report:Advance Agenda-Mayor Haley (5 minutes)
[*estimated meeting:40 mins]
Draft Advance Agenda 9/1/2022 8:51:06 AM Page 1 of 2
October 18,2022,Study Session,6:00 p.m. [due Tue Oct 11]
1.Advance Agenda—Mayor Haley (5 minutes)
October 25,2022,Formal Meeting,6:00 p.m. [due Tue Oct 18]
1.PUBLIC HEARING: 2022 Budget Amendment—Chelsie Taylor (5 minutes)
2.First Reading Ordinance 22- Amending 2022 Budget—Chelsie Taylor (10 minutes)
3.Consent Agenda(claims,payroll,minutes) (5 minutes)
4. Second Reading Property Tax Ordinance 22- —Chelsie Taylor (10 minutes)
5.First Reading Ordinance 22- Adopting 2023 Budget—Chelsie Taylor (10 minutes)
6.Motion Consideration:Outside Agency Grant Awards—Dan Domrese (10 minutes)
7.Admin Report: Stormwater Utility Rates—Gloria Mantz (10 minutes)
8.Admin Report:Fire Dept Monthly Report—Chief Soto (10 minutes)
9.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
10.Info Only:Department Monthly Reports [*estimated meeting: 75 mins]
Nov 1,2022,Study Session,6:00 p.m. [due Tue Oct 25]
1.Advance Agenda—Mayor Haley (5 minutes)
Nov 8,2022,Formal Meeting,6:00 p.m. [due Tue Nov 1]
1.PUBLIC HEARING#3: 2023 Budget—Chelsie Taylor (5 minutes)
2.Consent Agenda(claims,payroll,minutes) (5 minutes)
3. Second Reading Ordinance 22- Amending 2022 Budget—Chelsie Taylor (10 minutes)
4. Second Reading Ordinance 22- Adopting 2023 Budget—Chelsie Taylor (10 minutes)
5.Motion Consideration: Stormwater Utility Rates—Gloria Mantz (10 minutes)
6.Admin Report:LTAC Recommendations to Council—Chelsie Taylor (15 minutes)
7.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
8.Info Only:Department Monthly Reports [*estimated meeting:60 mins]
Nov 15,2022,Study Session,6:00 p.m. [due Tue Nov 8]
1.Advance Agenda—Mayor Haley (5 minutes)
Nov 22,2022,Formal Meeting,6:00 p.m. [due Tue Nov 15]
1.Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:2023 Fee Resolution—Chelsie Taylor (10 minutes)
3.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
4.Admin Report:Fire Dept Monthly Report—Chief Soto (10 minutes)
5.Info Only:Department Monthly Reports [*estimated meeting: mins]
Nov 29,2022—meeting cancelled—Thanksj1iving holiday
Dec 6,2022,Study Session,6:00 p.m. [due Tue Nov 29]
1.Advance Agenda—Mayor Haley (5 minutes)
Dec 13,2022,Formal Meeting,6:00 p.m. [due Tue 6]
1.Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
Dec 20,2022,Study Session,6:00 p.m. [due Tue Nov 15]
1.Consent Agenda(claims,payroll,minutes) (5 minutes)
2.Admin Report:Advance Agenda—Mayor Haley (5 minutes)
3.Info Only:Department Monthly Reports [*estimated meeting: mins]
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appleway Trail Amenities Mirabeau Park Forestry Mgmt. Residency
Basement space Neighborhood Restoration SCRAPS Update
Castle Park NLC Summit Nov 16-19 St.Illumination(owners,cost,location)
CDBG Interlocal Park Lighting St.O&M Pavement Preservation
Consolidated Homeless Grant Pavement Mgmt Funding Vehicle Wgt Infrastructure Impact
Continuum of Care(info item) PFD Presentation Water Districts&Green Space
Core Beliefs Resolution Property Tax Discussion Way Finding Sign
Gov.Auth.Emergencies(info) Prosecutor Services
Draft Advance Agenda 9/1/2022 8:51:06 AM Page 2 of 2